A comprehensive ordinance regulating and limiting the uses of
and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards and other open spaces; regulating and
restricting the density of population; dividing the Borough of Ogdensburg
into districts for such purposes; classification of such districts;
establishing rules, regulations and standards governing the subdivision
and development of land within the Borough; establishing a Planning
Board and a Zoning Board of Adjustment; and prescribing penalties
for the violation of its provisions.[1]
The short form by which this chapter may be known shall be "The
Land Development Regulations of the Borough of Ogdensburg."
The chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals,
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic, and other natural
and manmade disasters;
To provide adequate light, air and open space;
To ensure that the development of the Borough of Ogdensburg
does not conflict with the development and general welfare of neighboring
municipalities, the County and State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational and commercial uses and
open space, both public and private, according to their respective
environmental requirement in order to meet the needs of all New Jersey
citizens;
To encourage the location and design of transportation routes
which will permit the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To protect the environmentally sensitive portions of the Borough;
To ensure that the infrastructure needs of the community are
met;
To maintain the small town character of the Borough;
To strengthen the ratable base of the community;
To further the goals and policies of the Master Plan of the
Borough of Ogdensburg.
The provisions of this chapter shall be held to be the minimum
requirements. Where this chapter imposes a greater restriction than
is imposed or required by other provisions of law or by other rules,
regulations or resolutions, the provisions of this chapter shall control.
Where other laws, rules, regulations or resolutions require greater
restrictions than are imposed by this chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
[Amended 7-12-2021 by Ord. No. 07-2021]
A.
All uses not expressly permitted in this section are prohibited.
B.
No more than one principal building shall be situated on any lot,
nor more than one principal use conducted on any lot, unless specifically
permitted by this section.
C.
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 are specifically prohibited in all zone districts
of the Borough of Ogdensburg, except for the delivery of cannabis
items and related supplies by a licensed cannabis delivery service.
Prohibited uses shall include: (1) facilities involved in growing,
cultivating, and producing cannabis and cannabis items, (2) facilities
involved in processing, manufacturing, preparing, and packaging cannabis
and cannabis items; (3) facilities involved in obtaining, storing,
selling, reselling or otherwise transferring cannabis and cannabis
items; (4) businesses involved in transporting cannabis and cannabis
items in bulk intrastate from one cannabis cultivator, manufacturer,
wholesaler, distributer, or retailer to another; and (5) locations
at which cannabis and cannabis items and related supplies are sold
or dispensed to customers or consumers such as retail cannabis establishments
and stores, cannabis consumption areas, and retail cannabis social
clubs. Nothing herein shall be construed to limit any privileges or
rights of a qualifying patient, primary caregiver, registered or otherwise,
or registered dispensary pursuant to the New Jersey Compassionate
Use Medical Marijuana Act, N.J.S.A. 24:61-1 et seq.
All applicable requirements shall be met at the time of construction,
enlargement, alteration, moving or change in the use of a structure
or structures, or land, and shall apply to the entire structure or
structures, and/or land, whether or not the entire structure or structures,
and/or land, were involved in the construction, enlargement, alteration,
moving or change in use.
[Ord. No. 7-12 § 1; Ord. No. 4-10; amended 3-8-2021 by Ord. No. 03-2021]
For the purpose of this section, certain phrases and words are
herein defined as follows: 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 work "lot" includes the word "plot" and "premises;" the
word "building" includes the words "structure," "dwelling" or "residence;"
the word "shall" is mandatory and not discretionary; and the word
"may" is discretionary and not mandatory. Any word or term not defined
herein shall be used with a meaning as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
Moreover, whenever a term is used in this chapter which is defined
in this chapter, such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including,
but not limited to, garages, carports, barns, sheds, non-portable
swimming pools, guest houses and all roofed structures. Any accessory
building permanently, physically and structurally attached to the
principal building shall be considered part of the principal building.
The Secretary of the Planning Board of the Borough of Ogdensburg,
Sussex County, New Jersey, unless a different municipal official is
designated by the Governing Body to administer certain of the responsibilities
and authorities specified for the administrative officer in N.J.S.A.
40:55D-1 et seq.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties including, but not limited to,
inadequate drainage facilities, unsuitable street grades, street locations
that fail to compose a convenient system, and failure to provide or
make future allowance to access the interior portion of adjoining
lots or for other facilities required by this chapter.
The cultivation of the ground, including the harvesting of
crops and the production of plants, fruits and vegetables. Specifically
excluded from this definition is the raising, breeding, housing, sale
or use of farm animals or insects. Also specifically excluded from
this definition is the cutting, lumbering or milling of any trees
12 feet in height or greater.
Any change in or additions to the supporting members of a
building such as walls, columns, beams, girders, posts or tiers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and which use communications that
radiate or capture electro-magnetic waves, digital signals, analogue
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The legal or beneficial owner or owners of a lot or of any
land to be proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to section 25 or section 27 of P.L.
1975, c. 291 (C. 40:55D-34 or C.40:55D-36).
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a "story" above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter or more than 12 feet at any point.
A single building used for the primary purpose of providing
sleeping quarters and limited restaurant facilities to transient travelers,
and not for permanent residents (other than a resident owner, operator
or manager). A transient traveler is defined as one whose stay is
limited to seven consecutive days or less. Hotels and Motels as defined
by this chapter shall not be considered Bed and Breakfast Establishments.
A room planned, used or designed primarily for sleeping.
Any room greater than 80 square feet in size, in addition to a kitchen,
dining room and living room, shall be considered a bedroom unless
the same can clearly and convincingly be shown not to be a bedroom.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes which structure is located
on a site other than the site to which the advertising relates.
Borough of Ogdensburg, Sussex County
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured to the point from the lowest
elevation of the finished grade at the foundation along any side(s)
of the building. In all cases where this chapter provides for height
limitations by reference to a specified height and a specified number
of stories, the intent is to limit height to the specified maximum
footage and the specified number of stories within said footage.
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
no curbs, the cartway is that portion between the edges of the paved
or graded width.
(See definition for basement)
A facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day, and as further defined by N.J.S.A. 30:5B-3b,
as amended. This definition is specifically intended to exclude those
exclusions set in the foregoing statute, and "family day-care homes"
as defined by N.J.S.A. 40:55D-66.5b.
A private organization for social purposes in which the principal
use is in enclosed buildings; accessory facilities may be included
such as, but not limited to, tennis courts, pools and incidental eating
and social facilities.
The use of a common wireless telecommunications tower or
a common structure, by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication tower
on a structure owned or operated by utility or other public entity.
A use intended for exhibition to the public of exhibits and
displays of a scientific, historical or educational nature. Said use
may include ancillary commercial, retail and recreational facilities.
An open space area within or related to a site designated
as a development, and designed intended for the use or enjoyment of
residents and owners of the development. Common open space may contain
such complimentary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
Any community residential facility licensed pursuant to P.L.
1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements,
and hotels. Such a residence shall not be considered a health care
facility, within the meaning of the "Health Care Facilities Planning
Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of
a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliate agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. "Developmentally Disabled Person" means
a person who is developmentally disabled as defined in Section 2 of
P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community
residence housing mentally ill persons, such residence shall have
been approved for a purchase of service contract or an affiliate agreement
pursuant to such procedures as shall be established by regulation
of the Division of Mental Health and Hospitals of the Department of
Human Services. "Developmentally Disabled Person" means a person who
is developmentally disabled as defined in Section 2 of P.L. 1977,
c.488 (N.J.S.A. 30:11B-2). "Mentally Ill Person" means a person who
is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,
but shall not include a person who has been committed after having
been found guilty of a criminal offense by reason of insanity or having
been found unfit to be tried on a criminal charge.
Any shelter approved for a purchase of contract and certified
pursuant to standards and procedures established by regulation of
the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A.
30-40-1-14) providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
An interest in land less than fee simple absolute, stated
in the form of a right, restriction, easement, covenant of condition,
in any deed, will or other instrument (other than a lease), executed
by or on behalf of the owner of the land, retaining land or water
areas predominantly in their natural scenic or wooded condition; or
for conservation of soil or wildlife or for outdoor recreation or
park use; or as suitable habitat for fish or wildlife, and to forbid
or limit any or all inappropriate uses.
[Amended 2-8-2021 by Ord. No. 02-2021]
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APARTMENT - One or more rooms with private bath
and kitchen facilities comprising an independent, self-contained dwelling
unit with a building containing a retail, commercial professional
office use on the first floor and one or more dwelling units on the
floors above.
[Added 2-8-2021 by Ord. No. 02-2021] |
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APARTMENT BUILDING - A building containing three
or more apartments, including units that are located one over the
other.
[Added 2-8-2021 by Ord. No. 02-2021] |
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CONDOMINIUM - A form of ownership of real property
under a master deed, providing for ownership by one or more owners
of units of improvements, together with an undivided interest in common
elements appurtenant to each such unit and created and established
pursuant to the provisions of the New Jersey Condominium Act (N.J.S.A.
46:8(b)-1 et seq.).
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CONDOMINIUM, FLAT - A building containing a single
living unit on each floor, with private bath and kitchen facilities
and having more than two such units within a single building.
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DETACHED SINGLE-FAMILY - A building physically detached
from other buildings or portions of buildings which is occupied or
intended to be occupied for residence purposes by one housekeeping
unit and which has its own sleeping, sanitary and general living facilities.
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SEMI-DETACHED SINGLE FAMILY - Two buildings on two
adjacent lots joined by a party wall, each containing one dwelling
unit with its own sleeping, cooking and sanitary facilities, and which
is occupied or intended to be occupied for residence purposes by one
housekeeping unit.
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TOWNHOUSE - One building containing at least three
connected dwelling units, where each dwelling unit is compatibly designed
in relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials, and other
features, singularly or in combination. Each dwelling unit may be
a maximum of 3 1/2 stories and 30 feet in height, but nothing
in the definition shall be construed to allow one dwelling unit over
another.
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TWO-FAMILY - A building on one lot containing two
dwelling units only, each having entrances on the first floor, intended
for the residential occupancy by two housekeeping units, each living
independently of each other and each unit with its own sleeping, cooking
and sanitary facilities. The dwelling units shall be entirely separated
from one another by vertical walls or horizontal floors, unpierced
except for access to the outside or to a common basement.
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A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, public, a corporation
or particular persons for specific uses.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
That portion of the flood hazard area outside of the floodway.
Land in the flood plain subject to a 1% or greater chance
of flood in any given area.
The river or other watercourse and the adjacent land area
that must be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than two-tenths
of a foot.
The ratio of the gross floor area to the area of the lot
or tract.
The plane projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section provided that
the area under any roof overhang of four feet or less and/or any under
roof parking area shall not be included in the G.F.A. calculation.
Basements which satisfy applicable construction definitions of habitable
space are included in the G.F.A.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, utility (heating and cooling) rooms,
half-stories and unfinished attics and basements.
Domesticated chickens (hens only, no roosters) or ducks kept
primarily for egg laying purposes.
[Added 3-8-2021 by Ord. No. 01-2021]
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
The non-primary use of a single-family residential dwelling
where a business activity for commercial gain is conducted by the
owner/occupant or any member of the household. The business activity
shall be within the confines of the dwelling unit or principal building.
The nature of the business activity shall be limited to those where
there are no regularly scheduled appointments for services to customers
and where there is no need for any off-street parking facilities that
would be caused by the generation of any additional traffic to and
from the property that would visibly impact on the neighborhood.
A building or group of buildings consisting of individual
sleeping units, with individual sanitary facilities for each said
unit, which units are designed for transient travelers and not for
permanent residency. Hotels and Motels are a prohibited use in all
zones in the Borough of Ogdensburg.
One or more persons living together in one dwelling unit
on a non-seasonal basis and sharing living, sleeping, cooking and
sanitary facilities on a non-profit basis.
Industrial use of a type which carry on a process within
completely enclosed buildings including the manufacturing, processing,
fabrication or assembly of products or raw materials which do not
produce noticeable noise, vibrations, smoke, dust, odors, heat or
glare outside of the building. Specifically excluded from this definition
are the following uses: residential construction or conversion; auction
establishments; incineration reduction, storage or dumping of slaughter
refuse, rancid fats, garbage, trash, junk, dead animals or offal,
except by the municipality or its agents; retail sale of products,
outdoor or indoor; petroleum processing or storage of its derivatives,
blast furnaces, forges; sand and gravel pits; other extractive industries;
tar plants; mink or fox farms; piggeries; brothels; lumber milling
or processing.
A lot other than a corner lot.
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof. "Junk yards" are not permitted on any lands within
the Borough.
Light industrial uses are industrial operations where the
manufacturing, finishing or assembly of the principal product does
not involve any change in the molecular structure of any ingredient,
and which does not produce noticeable noise, vibrations, smoke, dust,
odors, heat or glare outside of the building. Specifically excluded
from this definition are the following uses: residential construction;
auction establishments; incineration reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, trash, junk, dead
animals or offal, except by the municipality or their agents; retail
sales of products, outdoor or indoor; petroleum processing or storage
of its derivatives; blast furnaces; forges; sand and gravel pits;
other extractive industries; tar plants; mink or fox farms; piggeries;
brothels; lumber milling or processing; the rental of storage space,
whether enclosed or not, outside of any principal building.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed record, survey map or by metes and
bounds, except that for purposes of this section, contiguous undersized
lots under one ownership shall be considered one lot and, further,
that no portion of an existing public street shall be included in
calculating a lot boundary or lot area.
The area contained within the lot lines of a lot, not including
any portion of a street right-of-way.
A lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have a front yard and side yards (in accordance with Section 30-602C.); and one rear yard, the said side and rear yards to be designated at the time of application for construction permit; along with an access road to be designated at the time of application approval.
That portion of the lot covered with impervious surfaces,
including but not limited to, all buildings, structures, parking and
driveways.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the mid-point
of the rear lot line.
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LOT DEPTH :
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The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall be the same
as the lot width except that on curved alignments with an outside
radius of less than 500 feet measured from the centerline of the street,
the minimum distance between the side lot lines measured at the street
line shall not be less than 75% of the required minimum lot width
unless a lesser frontage is specified in this chapter. In the case
of a corner lot, either street frontage which meets the required frontage
for that zone may be considered the lot frontage.
The straight and horizontal distance between the side lot
lines at setback points on each side lot line measured an equal distance
from the street line. The minimum lot width shall be measured at the
minimum required building setback line. When side lot lines are not
parallel, the minimum lot width at the setback line shall not be less
than 75% of the minimum lot frontage for the zoning district in which
the lot is located unless a lesser width is specified in this chapter.
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Where Side Lot Lines Not Parallel, Min. Lot Width Not Less Than
75% of Frontage Unless Otherwise Specified in This Ordinance.
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Frontage on Curve Reduce to Not Less Than 75% Unless Otherwise
Specified in This Ordinance.
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LOT FRONTAGE
LOT WIDTH
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Any security acceptable to the Governing Body to assure the
maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this chapter.
A composite of the mapped and written plans, in accordance
with Municipal Land Use law, recommending the physical development
of the municipality which shall have been adopted by the Planning
Board.
The average of the ground level measurements computed at
the four extreme corner points of any proposed or existing building.
The removal of any material (i.e. rock, ore, soil or any
other mineral) from the surface or sub-surface of the land, other
than for on-site construction/excavation (where a permit to build
has been issued), where such material is removed from the site for
any purpose. Mining or quarrying is a prohibited use in all zoning
districts in the Borough of Ogdensburg.
The Planning Board or the Governing Body, or any agency created
by or responsible to one or more municipalities when acting pursuant
to N.J.S.A. 40:55D-1 et seq.
A building or structure which in its location upon a lot
or in its size, does not conform to the regulations of this chapter
for the zone in which it is located.
A lot of record which does not have the minimum size, width,
frontage or depth or contain the minimum area for the zone in which
it is located.
A use occupying a building, structure or lot which does not
conform with the use regulations for the zone in which it is located.
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
the street right-of-way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way.
Any parcel or land area or water, essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental that no portion of the required open space shall include
any yard or setback distance stipulated in this chapter and any street
right-of-way.
Any equipment, device, appliance or apparatus, or any part
thereof, which is: (a) installed, affixed or situated outdoors; (b)
wood, biomass and/or pellet-fed; and (c) utilized for the purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source. This term includes but is not limited to wood boilers
Any area of not less than nine feet wide by 20 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that the length of a parking space may be reduced
to 18 feet in length, subject to the approval of the Board in those
instances where a two foot overhang area exists beyond a curb and
where such overhang does not interfere with any proposed and/or required
landscaping. Notwithstanding any other provision of this chapter,
nothing shall prohibit private driveways for detached areas, except
that no portion of such private driveway within the right-of-way line
of the street intersected by such driveway shall be considered off-street
parking measured perpendicular to each other regardless of the angle
of the parking space to the access aisle or driveway.
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Any security, in accordance with the requirements of this
chapter and as provided for by N.J.S.A. 40:55D-53, which may be accepted
in lieu of a requirement that certain improvements be completed prior
to final approval of a development application, including performance
bonds, escrow agreements and other similar collateral or surety agreements.
Any use of land or buildings as permitted by this chapter.
Two or more structures constructed on a parcel of land under
the ownership, control or development by a single individual, corporation,
partnership or other entity. Farms and agricultural uses are specifically
excluded from this definition.
An incorporated, non-profit organization operating in a Planned
Development under recorded land agreement through which: (a) each
occupied dwelling unit is automatically a member; (b) each occupied
dwelling unit is automatically subject to a charge for proportionate
share of expenses for the organization's activities and maintenance,
including any maintenance costs levied against the organization by
the Borough; and (c) each owner and tenant has the right to use the
common property.
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PLANNED RESIDENTIAL DEVELOPMENT - An area to be
developed as a single entity according to a plan containing residential
clusters and including appropriate public or quasi-public uses, all
primarily for the benefit of the development.
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RESIDENTIAL CLUSTER - An area to be developed as
a single entity according to a plan containing residential housing
units which have a common or public open space area as an appurtenance;
i.e., a multi-unit residential development in which structures are
grouped closer to each other than would otherwise be permitted, and
in which the open space so saved remains an integral element of the
development.
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The primary purpose for which a lot or building is used.
The non-primary use of a residential dwelling for commercial
gain by a professional person. Professional person shall be defined
as a person who's occupation involves a liberal, scientific or artistic
education, primarily mental rather than manual labor, requiring licensing
to practice by any municipal, State or Federal government or agency.
This definition, by way of example, shall include medical and dental
practitioners, barbers and beauticians, attorneys, accountants, real
estate and insurance agents, engineers, land surveyors, architects,
and similar planning and design professionals.
The use of land or buildings by the Governing Body of the
Borough or any officially created authority or agency thereof.
The use of equipment and/or structures including telephone
and electric lines, poles, water or gas pipes, mains or valves, sewer
pipes, and/or related accessory equipment, maintained, operated and
conducted for the service, convenience, necessity, health and welfare
of the general public, whether owned by any agency of the local, State
or Federal government or by any privately owned public utility, but
shall exclude dumps and sanitary landfills.
A non-profit public or private use such as a hospital, library,
club, lodge, or fraternal, civic, service or charitable organization.
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
playfield or park, operated solely by the agency or group operating
the residential facility and for the convenience of patrons of the
facility, shall not be deemed a restaurant.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served in disposable
containers and/or served primarily for consumption at counters, stools
or bars outside the building or primarily for consumption in automobiles,
whether brought to said automobiles by the customer or by an employee
of the restaurant either inside or outside the restaurant or through
a drive-up window, regardless of whether or not additional seats or
other accommodations are provided for customers inside the building.
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennae.
Lands and buildings providing for the sale of fuel, lubricant
and automotive accessories. Maintenance and repairs for motor vehicles
may be provided, but no body repairs or painting or the extended storage
of inoperable or wrecked vehicles shall be permitted. Additionally,
no car wash operation, sale of new or used motor vehicles, parking
for a fee or other activity not specifically a part of the service
station use shall be permitted; except that the rental of up to three
motor vehicles shall be permitted as an accessory use.
A line drawn parallel with 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" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. (See Appendix A included as an attachment to this chapter).
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 30 inches above the street centerline
except for street signs, fire hydrants and light standards.
Any inscription written, printed, painted or otherwise, placed
on a board, plate, banner, or upon any material object or any device
whatsoever, which by reason of its form, color, wording, activity
or technique or otherwise, attracts attention to itself whether it
be used as a means of identification, advertisement or announcement.
As used in the section, the term shall apply only to such signs as
are visible and intelligible to persons located outside the building.
In addition to the foregoing, all signs shall conform to the provisions
of the Uniform Construction Code.
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not limited to topography, vegetation, drainage, floodplains, marshes
and waterways; (2) the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and (3) any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
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MINOR SITE PLAN - Any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, off-street parking area, or home occupation, as such accessory uses are specifically permitted in Section 30-400 of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by Section 30-802B of this chapter and not accounting for more than 4,000 cubic feet of enclosed or roofed area; providing that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.
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MAJOR SITE PLAN - Any development plan not classified
as a minor site plan.
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The examination of the specific development plans for a lot
or tract of land. Whenever the term "Site Plan Approval" is used in
this chapter, it shall be understood to mean a requirement that the
site plan be reviewed and approved by the Board in accordance with
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A subcommittee of at least two, but up to three Planning
Board members appointed by the Planning Board Chairman. In addition,
the Chairman may also appoint any other individuals (not member of
the Planning Board) to the subcommittee, subject to an affirmative
vote of the Planning Board. The purpose of such subcommittee shall
be the reviewing of site plans and/or subdivision applications prior
to action by the Board to determine whether such applications comply
with all chapter provisions and with other requirements relating to
site plans and/or subdivisions as may be conferred on the subcommittee
by the Board through a motion duly adopted and recorded.
Man-made trees, clock tower, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennae or towers.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the surface between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling; rather, the underside of the
highest horizontal surface separating the area above from the remainder
of the structure below shall be considered a ceiling. Moreover, cellars
and basements ordinarily shall not be considered stories when considering
the height of a building; provided, however, that finished basements
in nonresidential buildings shall be considered a story for purposes
of height, floor area and parking computations in accordance with
the requirements of this chapter. Finally, a half-story is the area
under a pitched roof at the top of a building, the floor of which
is at least four feet, but no more than six feet, below the plate;
and such half-story shall not be used for nonresidential uses.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way (1) which is an existing State, County or municipal roadway
or (2) which is shown on a plat heretofore approved, pursuant to law,
whether publicly or privately owned, or (3) which is approved by N.J.S.A.
40:55D-1 et seq., or (4) which is shown on a plat duly filed in the
office of the County Recording Officer prior to the appointment of
a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulder, gutters, sidewalks,
parking areas and other areas within the street line. For purposes
of the paving design and setback requirements of this chapter for
and related to streets, all "private roads" shall be considered "streets."
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or official map, and/or by the applicable requirements of this
chapter, forming the dividing line between the street and a lot.
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.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: (1) divisions
of land found by the Planning Board or subdivision committee thereof
to be for agricultural purposes where all resulting parcels are five
acres or larger in size, (2) divisions of property by testamentary
or intestate provisions, (3) divisions of property upon Court order
including, but not limited to judgments of foreclosure, (4) consolidation
of existing lots by deed or other recorded instrument and (5) the
conveyance of one or more adjoining lots, tracts or parcels of land,
owned by the same person or persons and all of which are found and
certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
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MINOR SUBDIVISION - Any division of land containing
an aggregate of not more than three lots (two new lots and the remaining
parcel), each fronting on an existing public street or streets; not
involving any new street or the installation of any street improvements
or the extension of municipal facilities; not involving any streets
requiring additional right-of-way width as specified in the Master
Plan or official map and/or street requirements of this chapter, unless
such additional right-of-way width, either along one or both sides
of said street as applicable, shall be deeded to the Borough or the
appropriate governmental authority; not adversely affecting the development
of the remainder of the parcel or adjoining property; not being a
further division of an original tract of land for which previous minor
subdivision(s) have been approved by the Borough within the last past
two years and where the subdivision(s) constitutes a major subdivision;
and not being deficient in those details and specifications required
of minor subdivisions as specified in this chapter. The original tract
of land shall be considered any tract shown on the Borough Tax Maps.
Any readjustment of lot lines resulting in no new lots shall be classified
as a minor subdivision.
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MAJOR SUBDIVISION - Any division of land not classified
as a minor subdivision.
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The examination of the specific subdivision plat for a lot
or tract of land. Wherever the term "Subdivision Approval" is used
in this chapter, it shall be understood to mean a requirement that
the subdivision plat be reviewed and approved by the Board in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
A water-filled enclosure, whether permanently constructed
of the portable type, having a depth equal to or more than 24 inches,
designed, used and/or maintained for swimming or bathing purposes,
including any and all buildings, structures, equipment and appurtenances
thereto.
Commercial swimming pools shall mean and include all pools
associated with other than detached single-family and two-family dwellings.
Commercial swimming pools shall be further classified into types in
accordance with their particular use and shall meet the appropriate
design standards as set forth by the National Swimming Pool Institute.
A commercial establishment duly licensed by the State of
New Jersey and the Borough of Ogdensburg to dispense and sell, on
site, alcoholic beverages, primarily for consumption on the premises.
The enclosed area in which the tower and its appurtenances
are located.
An area of land composed of one or more lots and having sufficient
dimensions and area to make one land area meeting the requirements
of this chapter for the use intended.
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1
et seq.
An antenna that transmits or receives radio frequency signals
for wireless telecommunications towers and the users of towers or
other structures.
The accessory structures or uses serving the tower site,
such as equipment sheds, telecommunications antennae and fences.
A free-standing, vertical structure designed to support one
or more wireless telecommunications antennae. The height of the tower
shall not include a lightning rod.
An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally from a lot line drawn parallel or concentric to the centerline of the street. (See Appendix A included as an attachment to this chapter).
An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. (See Appendix A included as an attachment to this chapter).
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved side lot lines. (See Appendix
A, included as an attachment to this section).
For the purpose of this chapter, the Borough of Ogdensburg is
hereby divided into (12) districts as follows:
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R10
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Residential
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R15
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Residential
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R30
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Residential
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R40
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Residential
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R100
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Residential
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RMF
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Residential — Single and Multi-Family
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CCR
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Congregate Care Residential
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BC
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Borough Center (Commercial)
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C/R
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Commercial/Retail
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LI/C
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Light Industrial/Commercial
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I/C
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Industrial/Commercial
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PC
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Public Conservation
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The boundaries of the zoning districts and the areas designated
are established on the map entitled "Zoning Map Borough of Ogdensburg",
dated August 1, 1991, which accompanies and is hereby made part of
this chapter.[1]
[1]
Editor's Note: The Zoning Map may be found on file in the
Borough offices.
A.
Zoning district boundary lines are intended to follow street centerlines,
railroad rights-of-way, streams and lot or property lines as they
exist on lots of record at the time of enactment of this chapter unless
otherwise indicated by dimensions on the Zoning Map.
B.
The exact location of any disputed zoning district boundary lines
shall be determined by the Zoning Board of Adjustment.
C.
The zoning standards, controls and designation apply to every structure,
lot and use within each district and the district lines extend vertically
in both directions from ground level.
Unless otherwise specifically permitted within this chapter,
no more than one principal dwelling or building, nor more than one
principal use, shall be permitted on one lot.
Where a district boundary line divides a lot other than by following
a stream or street, which lot is in single ownership at the time of
the adoption of this chapter or any subsequent chapter Amendment,
any use permitted in either district may be extended not more than
50 feet into the adjacent district, or to the boundary line of the
divided lot, whichever is the lesser. A use permitted in the district
so extended shall thereafter be a permitted use in the extended area.
A property owner, however, shall be permitted only one election, after
which the lot use shall be governed by regulations of the district
to which the portion of the lot shall have been annexed by such extension.
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. No. 7-12 § 2]
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any lands be designed, used or physically altered for any purpose
or in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, any subdivision
shall be effected in such a manner as not to impair any of the requirements
of this chapter with respect to the existing lot therewith and so
that all resulting lots have adequate dimensions consistent with the
requirements of the zoning district in which it is located.
Outdoor furnaces are prohibited in all zone districts. No accessory
structure shall be permitted to house or enclose an outdoor furnace.
All lots created as a result of a subdivision shall meet the
requirements of this chapter and such subdivision shall be effected
in such a manner as to not impair any of the requirements of this
chapter for any resulting lot or preexisting structures and all resulting
lots shall have the required frontage along a public street.
Public purpose uses, as defined by this chapter, are permitted
principal uses in all zones of the Borough of Ogdensburg.
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
D.
Minimum Lot Size and Dimensions.
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10,000 square feet per dwelling
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Width
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100 feet
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Depth
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100 feet
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Frontage
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40 feet
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E.
Minimum Yard Requirements.
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Front
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35 feet
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Rear
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30 feet
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Side
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25 feet total
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10 feet minimum
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F.
Minimum Floor Area (Gross).
1,250 square feet per dwelling.
G.
Maximum Lot Coverage.
30% Total
H.
Maximum Building/Structure Height.
35 feet
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
D.
Minimum Lot Size and Dimensions.
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Single Family
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15,000 square feet
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Width
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100 feet
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Depth
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100 feet
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Frontage
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70 feet
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E.
Minimum Yard Requirements.
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Front
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35 feet
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Rear
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30 feet
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Side
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25 feet total
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10 feet minimum
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F.
Minimum Floor Area (Gross).
1,250 square feet per dwelling
G.
Maximum Lot Coverage.
30% Total
H.
Maximum Building/Structure Height.
35 feet
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
D.
Minimum Lot Size and Dimensions.
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30,000 square feet per dwelling
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Width
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150 feet
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Frontage
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100 feet
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E.
Minimum Yard Requirements.
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Front
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60 feet
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Rear
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60 feet
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Side
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25 feet (each side)
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F.
Minimum Floor Area (Gross).
1,500 square feet per dwelling
G.
Maximum Lot Coverage.
30% of Total
H.
Maximum Building/Structure Height.
35 feet
K.
Lot Size Averaging.
The minimum lot size and dimensions as required by paragraph
D above may be adjusted as set forth below, providing the application
for development meets the following criteria:
1.
Minimum tract size of 15 acres for simultaneous development.
2.
The application for development, if proposed in phases, must provide
for installation and completion of all streets, utilities and off-track
as a part of phase I construction.
3.
Providing the application for development meets the above criteria,
the following shall apply:
a.
The lot sizes of the subdivision submitted for approval may vary
to a minimum lot size of 17,500 square feet and a maximum lot size
of 80,000 square feet, providing that the average lot size is 30,000
square feet or greater, and further providing that no more than 30%
of the proposed lots are less than 30,000 square feet.
b.
Applications meeting the averaging requirements set forth above may
make the following reductions in the frontage and width requirements:
(1)
For lots located on a cul-de-sac, 75 feet or greater frontage
is required.
(2)
For lots under 30,000 square feet the frontage requirement may
be reduced by five feet for each 5,000 square feet increment that
the lot is undersized, but the minimum frontage shall be 85 feet.
(3)
For lots under 30,000 square feet, the lot width requirement
may be reduced by 10 feet, for each 5,000 square feet increment, or
part thereof, that the lot is undersized, but the minimum lot width
shall be 120 feet.
(4)
Notwithstanding the above allowed variations, all other yard
requirements of paragraph E above shall be complied with.
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
E.
Minimum Yard Requirements.
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Front
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75 feet
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Rear
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75 feet
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Side
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35 feet minimum (each side)
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F.
Minimum Floor Area (Gross).
1,800 square feet per dwelling.
G.
Maximum Lot Coverage.
30%
H.
Maximum Building/Structure Height.
35 feet.
K.
Lot Size Averaging.
The minimum lot size and dimensions as required by paragraph
D above may be adjusted as set forth below providing the application
for development meets the following criteria:
1.
The minimum tract size of 15 acres for simultaneous development.
2.
The application for development, if proposed in phases, must provide
for the installation and completion of all streets, utilities and
off-track as a part of phase I construction.
3.
Providing the application for development meets the above criteria,
the following shall apply:
a.
The lot sizes of the subdivision submitted for approval may vary
to a minimum lot size of 20,000 square feet and a maximum lot size
of 20,000 square feet and a maximum lot size of 120,000 square feet,
providing that the average lot size is 40,000 square feet.
b.
Applications meeting the averaging requirements set forth above may
make the following reductions in the frontage and lot width requirements:
(1)
For lots located on a cul-de-sac, 90 feet or greater frontage
is required.
(2)
For lots under 40,000 square feet the frontage requirement may
be reduced by five feet for each 40,000 square feet increment that
the lot is undersized, but the minimum frontage shall be 100 feet.
(3)
For lots under 40,000 square feet the lot width requirement
may be reduced by five feet for each 4,000 square feet increment,
or part thereof, that the lot is undersized, but the minimum lot width
shall be 150 feet.
(4)
Notwithstanding the above allowed variations, all other yard
requirements of paragraph E. above shall be complied with.
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
D.
Minimum Lot Size and Dimensions.
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100,000 square feet per dwelling
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Width
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200 feet
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Frontage
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150 feet
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E.
Minimum Yard Requirements.
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Front
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75 feet
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Rear
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75 feet
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Side
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40 feet Minimum each side
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F.
Minimum Floor Area (Gross).
2,000 square feet per dwelling unit.
G.
Maximum Lot Coverage
15% Total
H.
Maximum Building/Structure Height
35 feet
K.
Lot Size Averaging
The minimum lot size and dimensions as required by paragraph
D above may be adjusted as set forth below, providing the application
for development meets the following criteria:
1.
The minimum tract size of 25 acres for simultaneous development;
2.
The applications for development, if proposed in phases, must provide
for the installation and completion of all streets, utilities and
off-tract as a part of phase I construction;
3.
Providing the application for development meets the above criteria,
the following shall apply:
a.
The lot sizes of the subdivision submitted for approval may vary
to a minimum lot size of 60,000 square feet and a maximum lot size
of 180,000 square feet, providing that the average lot size is 100,000
square feet or greater, and further providing that no more than 30%
of the proposed lots are less than 100,000 square feet.
b.
Applications meeting the averaging requirements set forth above may
make the following reductions in the frontage and lot width requirements:
L.
Multi-Family Dwelling Units.
2.
Permitted Accessory Uses (Residential Multi-Family Only).
a.
Recreational facilities, including swimming pools, tennis courts,
other outdoor facilities and recreational/community structures intended
primarily for the use and enjoyment of the residents of the development,
located in common (or public) recreational areas only.
b.
Off-street parking facilities, including detached private garages
and detached common garage structures.
c.
Fences, walls, street furniture and ancillary maintenance or storage
sheds.
3.
Conditional Uses.
None
5.
Multi-Family General Development Requirements.
a.
If the site plan indicates any construction development on a slope
of 25% or greater, the site plan must include specific engineering
proposal which addresses to the satisfaction of the reviewing Board
(Planning Board/Board of Adjustment) erosion and other appropriate
environmental concerns during construction and post-construction.
b.
Plans shall clearly delineate the area of the tract to be devoted
to each use. Public, quasi-public and open space uses shall be provided
in locations convenient to the residents of the development.
c.
Required Open Space:
Land area equal to a minimum of 25% of the gross tract area
shall be set aside for conservation, recreation, open space and park
area. The requirements applicable to the reservation, improvements,
dedication, ownership and maintenance of open spaces shall be approved
as a part of preliminary site plan approval which shall include an
Open Space Management Plan. Said plan shall specifically address the
following:
(1)
Provisions for the replenishment of any vegetation in the open
space areas which may become destroyed for any reason.
(2)
Provisions for preventive maintenance for, and correction of,
soil erosion in said open space areas.
(3)
Provisions for the timely removal of dead or downed trees.
(4)
Provisions for the timely treatment of diseased trees in open
space areas.
The required open space areas shall not include any area within
40 feet of any structure or amenity.
d.
All disturbed portion of the tract not utilized by buildings or paved
surfaces shall be suitably landscaped to maintain and/or re-establish
the tone of the vegetation in the area and lessen the visual impact
of development. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities, and landscaping shall be coordinated so as to prevent
erosion, silting and flooding.
e.
Any multi-family development proposal exceeding 30 dwelling units
shall have a minimum of two primary means of vehicular ingress and
egress to the site. Each of said primary means of vehicular ingress
and egress shall be located so as to equally serve all portions of
the development.
f.
If the development is proposed in phases, all streets, roads, utilities,
recreation and off-tract improvements shall be constructed and operational
prior to the issuance of any Certificate of Occupancy for the first
phase.
g.
Townhouse Development Standards.
(1)
No individual townhouse dwelling unit shall be less than 18
feet wide. Building coverage shall not exceed 20% of the net tract
area.
(2)
Any overall structure of attached townhouses shall provide that
no more than four adjacent dwelling units have the same setback. No
more than eight townhouses nor less than four shall be attached to
produce one overall structure.
(3)
Required minimum distances between buildings shall be as follows:
(a)
Between any principal building and any detached
accessory building: 10 feet.
(b)
Between the side walls of all principal buildings
where said walls are parallel to each other: 20 feet with no more
than 20 feet overlap, otherwise 30 feet.
(c)
Between the front facades of any two principal
buildings where said buildings are opposite each other and the walls
are parallel: 65 feet.
(d)
Between the rear facades of any two principal buildings
where said buildings are opposite each other and the walls are parallel:
50 feet.
(e)
Between the front facade of one principal building
and the sidewall of another principal building where said walls are
parallel: 50 feet, except that if the overlap is 20 feet or less than
30.
(f)
The term "parallel" as used herein shall also refer
to positions which are approximately or approaching parallel.
(g)
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development which shall
include consideration of landscaping techniques, building relation
to the site and other structures, topography, natural features and
individual dwelling unit design such as varying unit widths, staggering
unit setbacks, and changing roof lines and building heights.
(h)
As a part of preliminary site plan application,
the developer shall submit complete building/architectural plans,
for each and every building, and, should the application be approved,
all buildings constructed shall conform to said approved building/
architectural plans.
h.
Condominium Unit Development Standards.
(1)
No individual condominium unit shall contain less than 750 square
feet Building coverage shall not exceed 20% of the net tract area.
(2)
Condominium unit structures shall contain no less than four
dwelling units, not more than 18 dwelling units. No condominium structure
with off-set fronts shall exceed a length of 225 feet and if said
building does not have off-set fronts, no more than 150 feet in front
of building not off-set.
(3)
Required minimum distances between buildings shall be as follows:
(a)
Between any principal building and any detached
accessory building: 10 feet.
(b)
Between the side walls of all principal buildings
where said walls are parallel to each other: 20 feet with no more
than 20 feet overlap, otherwise 30 feet.
(c)
Between the front facades of any two principal
buildings where said buildings are opposite each other and the walls
are parallel: 65 feet.
(d)
Between the rear facades of any two principal buildings
where said buildings are opposite each other and the walls are parallel:
60 feet.
(e)
Between the front facade of one principal building
and the side wall of another principal building where said walls are
parallel: 30 feet.
(f)
The term "parallel" as used herein shall also refer
to the positions which are approximately or approaching parallel.
i.
Multi-Family Building Standards.
(1)
Maximum Building Height: No principal building shall exceed
2 1/2 stories or 30 feet.
(2)
Each building shall be served by a single cable TV antenna system which shall served all dwelling units within the building. A satellite dish TV system for the development may be allowed subject to site plan and landscaping review, and subject to the requirements of Section 30-600.
(3)
A firewall, extending to the roofline, shall be constructed
between attached townhouse units and between each set of four or less
condominium units and any other units.
(4)
Refuse pickup and other utility areas shall be located for the
convenience of the occupants and shall be easily accessible to collection
vehicles. Such areas shall be suitably screened from view through
the use of fencing, landscaping or both.
j.
Accessory Building Design Standards.
(1)
Setbacks:
Accessory buildings shall meet the street setback of the principal
building and shall be at least 10 feet from a principal building or
property line. Recreation buildings and structures (including swimming
pools, tennis courts and so forth) shall be at least 50 feet from
any principal residential building or property line.
(2)
Height:
The maximum height of an accessory building shall be 16 feet
except for clubhouses which shall not exceed 28 feet in height.
(3)
Design:
Architectural design and materials used in the construction
of accessory buildings shall conform to or compliment those used in
the construction of the principal buildings.
k.
Off-Street Parking Requirements.
(1)
Within any multi-family residential development there shall
be provided conveniently located off-street parking facilities for
all buildings and uses. Parking shall be provided at a minimum rate
of 1 1/2 spaces per each one-bedroom dwelling unit; a 1.75 spaces
per each two-bedroom unit and two spaces for each three-bedroom unit.
(2)
No parking area containing three or more parking spaces shall
be located within 15 feet of a multi-family dwelling unit, or within
25 feet of any tract property line or lot line of any on or off-tract
single-family residence.
(3)
Each garage may be considered as 1/2 of a required parking space.
Paved driveways serving garages which are part of the individual townhouse
dwelling units may be considered part of the required parking.
(4)
Parking areas shall not directly access public streets, but
shall be provided with access drives which shall be kept clear of
parked vehicles.
l.
Property Line and Street Setbacks.
(1)
Property Line Setbacks.
The following setbacks and buffer requirements shall be applicable
within any Multi-family Residential Development:
(a)
No principal building shall be erected closer than
75 feet from the perimeter of any Multi-family Residential Development
Tract. No accessory building or structure shall be erected closer
than 50 feet from the perimeter of any Multi-family Residential Development
Tract.
(b)
A landscaped buffer zone of at least 25 feet in
width shall be maintained along the perimeter of any Multi-family
Residential Development Tract. This buffer zone shall be kept in its
natural state to the greatest extent practicable. Any newly installed
trees constituting said buffer zone shall be a minimum of six feet
at planting.
(c)
Within the buffer zone, no buildings, structures,
off-street parking or loading areas or other uses shall be permitted.
Utility easement, streets and driveways, storm water management facilities
and other necessary infrastructure improvements shall be permitted
within the buffer zone, so long as proper buffering has been reintroduced
as shown on a landscape plan approved by the Board.
(d)
The buffer zone may be included for the purposes
of computing open space requirements for Planned Residential Developments.
(2)
Street Setbacks.
No principal building shall be erected within 25 feet of the
right-of-way of any public street or within 25 feet of the curb line
of any internal private street or drive. No principal building shall
be erected within 15 feet of the curbline of any common parking area.
m.
Site Improvements.
If the Board determines that it would be desirable to have a
public street at any location in the development, it may require the
dedication of the street and its improvements in accordance with all
Borough requirements and specifications. The area within the right-of-way
of any such road may be included in the gross acreage of the property
for the purposes of determining maximum density.
(1)
All streets within the development intended for dedication to the Borough shall conform with the requirements of Section 30-500 of this section. All streets within the development not intended for dedication to the Borough shall have a minimum pavement width of 24 feet and the minimum right-of-way shall be 24 feet. Private streets, as roads and access driveways shall conform with the requirements of Section 30-500 as to construction standards.
(2)
Sidewalks shall be provided at least on one side of all public
or private streets, and approved walkways shall be approved wherever
else pedestrian traffic is expected to occur.
(3)
Prior to preliminary approval, the developer shall submit plans for the public water and public sewerage systems which plans shall be in conformance with and provide the information required by Section 30-500 of this chapter. Prior to final approval, the developer shall submit the final plans for these systems which shall have been approved by the local Board of Health and the New Jersey Department of Environmental Protection (NJDEP). Individual septic systems and/or private wells shall not be permitted.
(4)
All improvements shall comply with the improvements and design
standards established in this chapter unless a stricter requirement
is specified in this section.
(5)
All proposed signs shall be considered as a part of the preliminary site plan application and shall conform with Section 30-500 of this chapter.
(6)
Lighting shall be adequate to minimize hazards to pedestrians
and motor vehicles along the interior streets and driveways and pedestrian
walkways, in parking areas and outdoor recreational areas, and near
front and rear entrances to dwellings.
n.
Development Phasing.
Any proposal for Multi-Family Residential Development may include
provisions for its construction in sections over a period of years,
provided that the following terms and conditions are met:
(1)
Where the development is intended to be constructed in sections
over a number of years, prior to the granting of preliminary approval
for the entire development, there shall be an explanation, including
appropriate maps, indicating the location, number and type of units
to be constructed in each section and the priority of each section.
(2)
Preliminary approval shall be granted for the complete proposal
before final approval shall be granted for any section.
(3)
Each development section shall maintain a proportional balance
of residential uses, recreational uses, and open space to serve the
residents. For all development sections subsequent to the first, no
building permits may be issued for construction of units in any section
until construction of proceeding sections is substantially completed.
o.
Open Space Management.
(1)
Unless a property owners association has responsibility and
control of open space, an open space organization for the purpose
of owning and maintaining common lands and facilities, including conservation,
open space, recreation and park areas, shall be established in accordance
with N.J.S.A. 40:55D-43 and the following provisions:
(a)
Membership in any created open space organization
by all property owners shall be mandatory. Such required membership
in any created open space organization and the responsibilities upon
the members shall be in writing in the form of a covenant with each
member agreeing to his liability for his pro-rata share of the organization's
costs and providing that the Borough shall be a party beneficiary
to such covenant entitled to enforce its provisions.
(b)
The open space organization and/or property owner's
association responsible for liability insurance, municipal taxes,
maintenance and any facilities that may be erected on any land deeded
to the open space organization and shall hold the Borough harmless
from any liability.
(c)
Any assessment levied by the open space organization
may become a lien on the private organization shall be allowed to
adjust the assessment to meet changing needs and any deeded lands
may be sold, donated or in any other way conveyed to the Borough for
public purposes only.
(d)
The open space organization initially created by
the developer shall clearly describe in its by-laws the rights and
obligation of any homeowner and tenant in the development, and shall
be submitted for the Board's approval, along with the covenant and
model deeds and the articles of incorporation of the association,
prior to the granting of preliminary approval by the Board.
(e)
Part of the development proposals submitted to
and approved by the Borough shall be provisions to insure that control
of the open space organization will be transferred to the individual
lot owners in the development based on a percentage of the dwelling
units sold and/or occupied, together with assurances in the by-laws
that the open space organization shall have the maintenance responsibilities
for all lands to which it holds title.
p.
Recycling.
The development plans must include on-site recycling facility
sufficient for all residents of the proposed multi-family development
which shall be of such items and in such manner as approved by the
governing body, including method of disposal. Removal and disposal
of recycled material shall be the responsibility of the Homeowners'
Association.
[Ord. No. 3-10]
B.
Permitted Accessory Uses.
1.
Recreational facilities, including swimming pools, tennis courts,
other outdoor facilities and recreational/community structures intended
primarily for the use and enjoyment of the residents of the development,
located in common (or public) recreational area only.
2.
Off-street parking facilities, including detached private garages
and detached common garage structures.
3.
Fences, walls, street furniture and ancillary maintenance or storage
sheds.
C.
Conditional Uses None.
D.
Minimum Lot Size and Density (Multi-Family).
1.
Minimum lot size is 25 acres.
2.
A density of six dwelling units per acre. For the purpose of calculating
density, average areas dedicated for the purpose of on-site water
and sewerage utilities shall be deducted from the gross tract area.
3.
Plans shall clearly delineate the area of the tract to be devoted
to each use. Public, quasi-public and open space uses shall be provided
in locations convenient to the residents of the development.
4.
Required Open Space.
Land area equal to a minimum of 25% of the gross tract area
shall be set aside for conservation, recreation, open space and park
area. The requirements applicable to the reservation, improvements,
dedication, ownership and maintenance of open spaces shall be approved
as a part of preliminary site plan approval which shall include an
Open Space Management Plan. Said plan shall specifically address the
following:
a.
Provisions for the replenishment of any vegetation in the open space
areas which may become destroyed for any reason.
b.
Provisions for preventative maintenance for, and correction of, soil
erosion in said open space areas.
c.
Provisions for the timely removal of dead or downed trees.
d.
Provisions for the timely treatment of diseased trees in open areas.
5.
All disturbed portions of the tract not utilized by buildings or
paved surfaces shall be suitably landscaped to maintain and/or re-establish
the tone of the vegetation in the area and lessen the visual impact
of development. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities, and landscaping shall be coordinated so as to prevent
erosion, silting and flooding.
6.
Any multi-family development proposal exceeding 30 dwelling units
shall have a minimum of two primary means of vehicular ingress and
egress to the site. Each of said primary means of vehicular ingress
and egress shall be located so as to equally serve all portions of
the development.
7.
If the development proposed is proposed in phases, all streets, roads,
utilities, recreation and off-tract improvements shall be constructed
and operational prior to the issuance of any Certificate of Occupancy
for the first phase.
E.
If the site plan indicates any construction development on a slope
of 25% or greater, the site plan must include a specific engineering
proposal which addresses to the satisfaction of the Planning Board
erosion and other appropriate environmental concerns during construction
and post-construction.
F.
Townhouse Development Standards.
1.
No individual townhouse dwelling unit shall be less than 18 feet
wide. Building coverage shall not exceed 20% of the net tract area.
2.
Any overall structure of attached townhouses shall provide that no
more than four adjacent dwelling units have the same setback. No more
than eight townhouses nor less than four shall be attached to produce
one overall structure.
3.
Required minimum distances between buildings shall be as follows:
a.
Between any principal building and any detached accessory building:
10 feet.
b.
Between the sidewalls of all principal buildings where said walls
are parallel to each other: 20 feet with no more than 20 feet overlap,
otherwise 30 feet.
c.
Between the front facades of any two principal buildings where said
buildings are opposite each other and the walls are parallel: 65 feet.
d.
Between the rear facades of any two principal buildings where said
buildings are opposite each other and the walls are parallel: 50 feet.
e.
Between the front facade of one principal building and the sidewall
of another principal building where said walls are parallel: 50 feet,
except that if the overlap is 20 feet or less than 30 feet.
f.
The term "parallel" as used herein shall also refer to positions
which are approximately or approaching parallel.
4.
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development which shall include consideration
of landscaping techniques, building relation to the site and to other
structures, topography, natural features and individual dwelling unit
design such as varying unit widths, staggering unit setbacks, and
changing roof lines and building heights.
5.
As a part of preliminary site plan approval, the developer shall
submit complete building and architectural plans, for each and every
building and, should the application be approved, all buildings constructed
shall conform to said approved building/architectural plans.
G.
Condominium Unit Development Standards.
1.
No individual condominium unit shall contain less than 750 square
feet. Building coverage shall not exceed 20% of the net tract area.
2.
Condominium unit structures shall contain no less than four dwelling
units nor more than 18 dwelling units. No condominium unit structure
with offset fronts shall exceed a length of 225 feet and if said building
does not have offset fronts, no more than 150 feet if front of building
is not offset.
3.
Required minimum distances between buildings shall be as follows:
a.
Between any principal building and any detached accessory building:
10 feet
b.
Between the side walls of all principal buildings where said walls
are parallel to each other: 20 feet with no more than 20 feet overlap,
otherwise 30 feet.
c.
Between the front facades of any two principal buildings where said
buildings are opposite each other and the walls are parallel: 65 feet.
d.
Between the rear facades of any two principal buildings where said
buildings are opposite each other and walls are parallel: 60 feet.
e.
Between the front facade of one principal building and the side wall
of another principal building where said walls are parallel: 30 feet.
f.
The term "parallel" as used herein shall also refer to positions
which are approximately or approaching parallel.
4.
Unobstructed access for emergency vehicles shall be provided.
H.
Multi-Family Building Standards.
1.
Maximum Building Height.
No principal building shall exceed 2 1/2 stories or 35
feet.
2.
Each building shall be served by a single TV cable antenna system which shall serve all dwelling units within the building. A satellite dish TV system for the development may be allowed subject to site plan and landscaping review, and subject to the requirements of Section 30-600.
3.
A firewall, extending to the roofline, shall be constructed between
attached townhouse units and between each set of four or less condominium
units and any other units.
4.
Refuse pickup and other utility areas shall be located for the convenience
of the occupants and shall be easily accessible to collection vehicles.
Such areas shall be suitably screened from view through the use of
fencing, landscaping or both.
I.
Accessory Building Design Standards.
1.
Setbacks:
Accessory buildings shall meet the street setback of the principal
building and shall be at least 10 feet from a principal building or
property line. Recreation buildings and structures (including swimming
pools, tennis courts and so forth) shall be at least 50 feet from
any principal residential building or property line.
2.
Height:
The maximum height of an accessory building shall be 16 feet
except for clubhouses which shall not exceed 28 feet in height.
3.
Design:
Architectural design and materials used in the construction
of accessory buildings shall conform to or compliment those used in
the construction of the principal buildings.
J.
Off-Street Parking Requirements.
1.
Within any Multi-Family Residential Development there shall be provided
conveniently located off-street parking facilities of all buildings
and uses. Parking shall be provided at a minimum rate of 1.5 spaces
per each one-bedroom dwelling unit; 1.75 spaces per each two-bedroom
unit and two spaces for each three-bedroom unit.
2.
No parking area containing three or more parking spaces shall be
located within 15 feet of a multi-family dwelling unit, or within
25 feet of any tract property line or lot line of any on or off-tract
single-family residence.
3.
Each garage may be considered as 0.5 of a required parking space.
Paved driveways serving garages which are part of individual townhouse
dwelling units may be considered part of the required parking.
4.
Parking areas shall not directly access public street, but shall
be provided with access drives which shall be kept clear of parked
vehicles.
K.
Property Line and Street Setbacks.
1.
Property Line Setbacks.
The following setbacks and buffer requirements shall be applicable
within any Multi-Family Residential Development:
a.
No principal building shall be erected closer than 75 feet to the
perimeter of any Multi-Family Residential Development Tract. No accessory
building or structure shall be erected closer than 50 feet from the
perimeter of any Multi-Family Residential Development Tract.
b.
A landscaped buffer zone of at least 25 feet in width shall be maintained
along the perimeter of any Multi-Family Residential Development Tract.
This buffer zone shall be kept in its natural state to the greatest
extent practicable. Any newly installed trees constituting said buffer
zone shall be a minimum of six feet at planting.
c.
Within the buffer zone, no buildings, structures, off-street parking
or loading areas or other uses shall be permitted. Utility easement,
streets and driveways, storm water management facilities and other
necessary infrastructure improvements shall be permitted within the
buffer zone, so long as proper buffering has been reintroduced as
shown on a landscape plan approved by the Board.
d.
The buffer zone may be included for the purpose of computing the
open space requirements for Planned Residential Developments.
2.
Street Setbacks.
No principal building shall be erected within 25 feet of the
right-of-way of any public street or within 25 feet of the curb line
of any internal private street or drive. No principal building shall
be erected within 15 feet of the curbline of any common parking area.
L.
Site Improvements.
If the Board determines that it would be desirable to have a
public street at any location in the development, it may require the
dedication of the street and its improvements in accordance with all
Borough requirements and specifications. The area within the right
of way of any such road may be included in the gross acreage of the
property for the purpose of determining maximum density.
1.
All streets within the development intended for dedication to the Borough shall conform with the requirements of Section 30-500 of this chapter. All streets within the development not intended for dedication to the Borough shall have a minimum pavement width of 24 feet and the minimum right-of-way shall be 24 feet. Private streets, as roads and access driveways shall conform with the requirements of Section 30-500 of this chapter as to construction standards.
2.
Sidewalks shall be provided at least on one side of all public or
private streets, and approved walkways shall be provided wherever
else pedestrian traffic is expected to occur.
3.
Prior to preliminary approval, the developer shall submit plans for the public water and public sewerage systems which plan shall be in conformance with and provide the information required by Section 30-500 of this chapter. Prior to final approval, the developer shall submit the final plans for these systems which shall have been approved by the local Board of Health and the New Jersey Department of Environmental Protection (NJDEP). Individual septic systems and/or private wells shall not be permitted.
4.
All improvements shall comply with the improvement and design standards
established in this chapter unless a stricter requirement is specified
in this section.
5.
All proposed signs shall be considered a part of the preliminary site plan application and shall conform with Section 30-500 of this chapter.
6.
Lighting shall be adequate to minimize hazards to pedestrians and
motor vehicles along interior streets and driveways and pedestrian
walkways, in parking areas and outdoor recreational areas, and near
front and rear entrances to dwellings.
M.
Development Phasing.
Any proposal for Multi-Family Residential Development may include
provisions for its construction in sections over a period of years,
provided that the following terms and conditions are met:
1.
Where the development is intended to be constructed in sections over
a number of years, prior to the granting of preliminary approval for
the entire development, there shall be an explanation, including appropriate
maps, indicating the location, number and type of units to be constructed
in each section and the priority of each section.
2.
Preliminary approval shall be granted for the complete proposal before
final approval shall be granted for any section.
3.
Each development section shall maintain a proportional balance of
residential uses, recreational uses, and open space to serve the residents.
For all development sections subsequent to the first, no building
permits may be issued for construction of units in any section until
construction of proceeding sections is substantially completed.
N.
Open Space Management.
1.
Unless a property owners' association has responsibility and control
of open space, an open space organization for the purpose of owning
and maintaining common lands and facilities, including conservation,
open space, recreation and park areas, shall be established in accordance
with N.J.S.A. 40:55D-43 and the following provisions:
a.
Membership in any created open space organization by all property
owners shall be mandatory. Such required membership in any created
open space organization and the responsibilities upon the members
shall be in writing in the form of a covenant with each member agreeing
to his liability for his pro-rata share of the organization's costs
and providing that the Borough shall be a party beneficiary to such
covenant entitled to enforce its provisions.
b.
The open space organization and/or property owners' association shall
be responsible for the liability insurance, municipal taxes, maintenance
and any facilities that may be erected on any land deeded to the open
space organization and shall hold the Borough harmless from any liability.
c.
Any assessment levied by the open space organization may become a
lien in the private properties in the development. The open space
organization shall be allowed to adjust the assessment to meet changing
needs and any deeded lands may be sold, donated or in any other way
conveyed to the Borough for public purposes only.
d.
The open space organization initially created by the developer shall
clearly describe in its by-laws the rights and obligations of any
homeowner and tenant in the development, and shall be submitted for
the Board's approval, along with the covenant and model deeds and
the articles of incorporation of the association, prior to the granting
of preliminary approval by the Board.
e.
Part of the development proposals submitted to and approved by the
Borough shall be provisions to insure that control of the open space
organization will be transferred to the individual lot owners in the
development based on a percentage of the dwelling units sold and/or
occupied, together with assurances in the by-laws that the open space
organization shall have the maintenance responsibilities for all land
to which it holds title.
O.
Recycling.
The development plans must include on-site recycling facilities
sufficient for all residents of the proposed multi-family development
which shall be of such items and in such manner as approved by the
governing body, including method of disposal. Removal and disposal
of recycled material shall be the responsibility of the Homeowner's
Association.
A.
Purpose.
The purpose of the Continuing Care Retirement Community Zone
is to provide an area of the Borough which will encourage the design
and development of a multi-faceted, relatively self-contained living
environment for individuals of 55 years of age and older who wish
to live within an integrated, coordinated and comprehensive spectrum
of residential living services responsive to the enormous variety
of needs of the elderly. Facilities pursuant to the New Jersey Administrative
Code shall be provided to offer a "continuum of care" to residents
as their individual needs for services increase and shall include:
1.
Independent Living.
A living unit chosen by the resident for his or her exclusive
use in which the resident can live and function independently.
2.
Assisted Living/Personal Care.
Should a resident require assistance and/or supervision with
one or more activities of daily living, then, depending on the facility
and the degree of care needed, assistance to a resident may be given
in a variety of settings. Possibilities include:
a.
Assistance in the resident's living unit.
b.
Transfer to a residential health care unit which is located within
the community and which has been licensed by the New Jersey Department
of Health.
c.
Transfer to a designated supervised unit specifically reserved by
the provider for assisted living within the community.
B.
General Requirements.
1.
The proposed site development and facilities shall comply in all
aspects with the regulations, requirements and guidelines of the following
provisions of the New Jersey Administrative Code, as applicable at
time of preliminary site plan approval:
|
N.J.A.C. 5:19-1 et seq. (Continuing Care Retirement Community
Rules)
|
|
N.J.A.C. 8:33H-1 et seq. (Certificate of Need: Reviews of Long-Term
Care Facilities and Services)
|
|
N.J.A.C. 8:39-1 et seq. (Manual of Standards for Long-Term Care)
|
|
N.J.A.C. 8:43-1 et seq. (Residential Health Care Facilities)
|
|
N.J.A.C. 8:43F-1 et seq. (Manual of Standards for Licensure
of Adult Day Health Care Facilities)
|
|
Any and all other applicable Administrative Code or New Jersey
Department of Community Affairs regulations.
|
|
Proof of compliance with the above shall be submitted upon final
site plan application.
|
2.
Occupancy of all residential units for such a proposed facility shall
be by persons 55 years of age or older, subject to the following exemptions
and requirements:
a.
One immediate family member of a residential unit occupant, under
the age of 55 (but in no case under the age of 18 may share the unit
with the older occupant, provided that in the event of the vacation
of the unit by the elder occupant (due to death or any other reason),
the person under the age of 55 shall vacate the unit within 90 days.
Transfer to another section of the facility shall not be considered
vacation of a unit. Contracts or agreements for residence shall contain
the vacation requirements related above.
b.
Those persons, regardless of age, whose documented health care condition
requires a specialized spectrum of health care as provided by this
chapter subject to the limitation that no more than 5% of the occupants
of the facility may be from this specialized class.
c.
The above referred to age restriction shall not apply to administrative
staff referred to in Section E-5.
3.
A condition of any approval granted pursuant to this chapter shall
require a deed restriction prohibiting any future use or conversion
of all, or any part, of the proposed development to facilities for
drug or alcohol rehabilitation, correctional facilities, abortion
clinics, facilities for the indigent, homeless or insane.
4.
Required and/or permitted uses may be constructed or provided in
one or more principal buildings on one lot.
C.
Definitions.
1.
NURSING HOME - Shall mean a use of building or land for the care
of two or more unrelated persons who are suffering from an acute or
chronic illness or are being treated or convalescing from the effects
of an injury and surgical or obstetrical treatment who require nursing
care as a result of one or more of the above-mentioned conditions.
The term "nursing home" as used herein does not include the term "boarding
house or other home for the sheltered care of adult persons," as defined
by law, but it does include any structure licensed by the State of
New Jersey Department of Health to operate a "nursing home." This
facility will be serviced 24 hours a day by a registered nurse and
include medical facilities, meals, housekeeping, social services and
physical therapy.
2.
RESIDENTIAL HEALTH CARE FACILITY-Shall mean an institution or a distinct
part of an institution which is licensed by the State of New Jersey
Department of Health to provide health care under medical supervision
to two or more patients who are not related to the governing authority
of the institution or its members by marriage, blood or adoption.
This facility is to assist with semi-independent personal care but
includes provisions for meals, social services, medical and/or personal
service and emergency care if necessary.
3.
ADULT INDEPENDENT LIVING UNIT - Shall mean multi-family apartment
type housing for independent residents with some common facilities
provided for the occupants of that building. However, they also share
in common social, recreational and other facilities offered by the
community. Assistance may be provided in this residential dwelling
unit.
4.
ASSISTED LIVING SERVICES - Such services as limited health services,
supervision of medication, assistance with daily activities, twenty-four-hour
supervision on premises, housekeeping services and social and recreational
activities which may be provided in either adult independent living
units or in designated assisted living units.
5.
CONTINUING CARE RETIREMENT COMMUNITY - Shall mean such communities
that combine independent living accommodations for the elderly with
the provisions of lodging and nursing, medical or other health related
services at the same or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year of the payment of certain fees all consistent
with the applicable New Jersey Administrative Code.
6.
ADULT DAY CARE - Shall mean a provision of care for elderly or frail
persons who require daily non-residential care, which care may include
nursing supervision, other health care services, nutrition, rehabilitation,
socialization and transportation.
D.
Required Uses.
Because of the special nature of the zone, the following uses
are required to be included in any development proposal:
1.
Nursing home.
2.
Adult Independent Living Units.
3.
Administrative, social and recreational buildings, structures and
open areas. A minimum of four recreational accessory uses cited in
paragraph E, 1 below shall be required.
4.
Neighborhood commercial uses including services/retail and professional
office planned, designed and constructed to serve the needs of the
zone's residents.
5.
Community food service facility for the project residents.
6.
Adult day care.
7.
Assisted living services.
8.
Residential health care.
E.
Permitted Accessory Uses.
1.
Supporting recreational facilities including, but not limited to
swimming pools, tennis courts, open field areas, passive sitting areas,
picnic facilities, walking trails, gymnasium, library, solarium, craft
room, basketball and handball.
2.
Off-street parking and private garage facilities.
3.
Fences and walls.
4.
Utility and maintenance structures.
5.
One single family dwelling unit to be utilized and occupied as a
residence exclusively for the director of the facility, administrator
or other "head of operations" whose presence on the site is essential
for effective operation of the facility.
F.
Building Height and Fire Safety.
1.
A building height of 100 feet above immediate surrounding grade shall
be the maximum permitted. Height shall be measured to highest point
of a structure, including roof peak, chimney, or any structure or
device on the roof.
2.
A Fire Safety Plan and Impact Statement shall be submitted as a part
of the application for preliminary approval. It shall be prepared
by a fire safety expert and shall detail all steps taken to address
safety of the persons or property and detail the location of all fire
lanes, apparatus access, and other fire safety features in conformance
with recognized standards. Included in the Plan shall be an evacuation
plan.
3.
All construction, residential and otherwise, shall include the provision
of approved fire sprinkling systems in accordance with applicable
standards.
G.
Minimum Tract Size.
The minimum tract size for each project in the zone shall be
30 contiguous acres of land (prior to dedication of any land, right-of-way,
parks, easements, etc.).
H.
Projects Components.
In accordance with the required principal uses in the zone,
each project shall be comprised of the following:
For projects consisting of less than 500,000 square feet floor
space:
|
% of Total Habitable/Occupiable Floor Area Minimum
|
Project Maximum
| |
|---|---|---|
|
Recreation (indoor)
|
3
|
None
|
|
Commercial
|
2
|
10
|
|
Office
|
1
|
15
|
|
For projects consisting of more than 500,000 square feet floor
space:
|
|
% of Total Habitable/Occupiable Floor Area Minimum
|
Project Maximum
| |
|---|---|---|
|
Recreation (indoor)
|
2
|
None
|
|
Commercial
|
1
|
10
|
|
Office
|
0.5
|
15
|
|
As part of site plan review, the percentage of total floor area
minimums set forth above may be varied or waived as a design requirement
by the reviewing Board.
|
I.
Densities.
The maximum densities in the following project components shall
be:
J.
Maximum Impervious Coverage.
The total amount of impervious coverage from buildings, roofs,
roads, parking areas, sidewalks, etc. shall not exceed 50% for the
entire project.
K.
Area and Buffer Requirements.
|
Buffer Along Public Road (feet)
|
Buffer Along External Residential Property Line (feet except
where Public road buffer applies)
| |
|---|---|---|
|
Nursing Home/Residential Health Care
|
100
|
35
|
|
Adult Residential Dwelling
|
100
|
35
|
|
Commercial
|
25
|
35
|
|
Office
|
25
|
35
|
|
Recreation/Administrative
|
25
|
25
|
|
Parking Area
|
100
|
10
|
|
The above schedules are basic parameters for site design; however,
the reviewing board may be flexible in design standards based on the
merits of an application.
|
L.
Yard Area Setback Requirements (in feet)
|
Building to Public Road
|
Building to Project Internal Road
|
Buildings to Property Line
| |
|---|---|---|---|
|
Nursing Home/Residential Health Care
|
100
|
9
|
100
|
|
Adult Residential Dwelling
|
100
|
9
|
100
|
|
Commercial
|
75
|
9
|
100
|
|
Office
|
75
|
9
|
100
|
|
Administration
|
75
|
9
|
100
|
|
Accessory Buildings
|
100
|
9
|
100
|
|
The above requirements are basic parameters for the site design,
however, the reviewing board may be flexible to design standards based
on the merits of an application.
|
M.
Open Space.
A minimum of 30% of the total project area shall be set aside
for open space. This area may include buffer areas as prescribed above
and all building setback areas. Of the total amount of open space,
15% shall be devoted to active and passive recreational uses such
as recreational and social gathering areas, walkways, sitting areas,
gardens, and adjacent useable space. The determination as to the extent
of active recreational space shall be made by the Board.
N.
Project Phasing.
Project phasing for completion of nonresidential use components
shall be keyed to completion of basic residential use components in
accordance with the following schedules:
O.
Minimum Off-Street Parking Requirements.
1.
One parking space per independent living or assisted living apartment
unit.
2.
One-half parking space per nursing home bed (Long Term Health Care).
3.
One and one-quarter parking space per employee based upon number
of employees in the largest shift.
4.
One-half space per bed for Residential Health Care.
The Planning Board may waive any of the above parking requirements
if the Applicant can demonstrate, to their satisfaction, the necessity.
P.
Special Design Regulations.
1.
Handicapped access to all buildings and floors within said buildings
shall be provided as required by applicable codes and regulations.
2.
Each parking space shall be a minimum of nine feet by 20 feet with
4% of the overall parking requirements reserved for handicapped parking
spaces with a minimum size of 12 feet by 20 feet.
3.
A Wastewater Treatment Plan shall be submitted by the applicant for
preliminary approval. The submitted plan shall be in conformance with
the Borough's adopted Wastewater Master Plan as endorsed by the applicable
authorities and agencies. Specific plans for sewerage facilities shall
be submitted as a part of the application for preliminary approval.
4.
Specific plans for all water usage and facilities, including those
required to meet fire flow standards, shall be submitted as a part
of the application for preliminary approval.
5.
The applicant shall submit proof of an application for both a Certificate
of Need and Certificate of Authority from the New Jersey Department
of Health and the New Jersey Department of Community Affairs, or proof
from such agencies that same are not required, as a condition of final
site plan approval from the Board.
6.
The facilities and services available on the site shall contain a
pharmacy. An on-site certified emergency medical care unit, and certified
emergency first aid, transportation vehicles, and personnel shall
be provided and operate 24 hours a day, seven days a week.
7.
The commercial uses and those recreational uses designated by the
Planning Board in the course of site plan approval may be opened to
the general public, as well as the project residents, as long as the
security and privacy of the project's occupants are not compromised.
8.
The minimum residential unit size shall be 300 square feet and the
maximum 1,200 square feet and every unit may contain a kitchen or
kitchenette consisting of a minimum of a sink, a refrigerator, and
a small stove, exclusive of the administrative unit.
9.
There shall be two means of egress and ingress for the project site,
one of which may be an emergency access only.
10.
Buffer areas less than 100 feet from the property line shall be supplemented
with additional plantings of deciduous trees of sufficient size and
height to provide additional screening where the Board determines
that the natural state is insufficient for that purpose for adjoining
residential properties.
11.
Internal road maintenance, snow, trash and recycling removal shall
be the responsibility of the property owner and specific plans for
the same shall be a part of the application for preliminary site plan
approval.
12.
As a part of the preliminary site plan application, the applicant
shall submit a Financial Impact Statement detailing the specific anticipated
impacts of the project upon the tax ratable, school system and other
areas of the municipal fiscal responsibility.
13.
As a part of the preliminary site plan application, the applicant
shall submit a specific plan for Open Space Management, which plan,
at a minimum, shall address the following:
a.
Provisions for the replenishment of any vegetation in the open
space areas which may become destroyed for any reason.
b.
Provisions for preventative maintenance for, and correction
of, soil erosion in said open space areas.
c.
Provisions for the timely removal of dead or downed trees.
d.
Provisions for the timely treatment of diseased trees in open
space areas.
14.
Tennis facilities shall be in conformance with other sections of
this chapter except they may be located in any yard if they are set
back at least 200 feet from nearest property line.
Q.
Submission of Marketing Plan Required.
The applicant shall submit a Marketing Plan that will detail
the marketing and sale of all units in the facility and shall include
a provision for 5% of all residential units to be dedicated to low
and moderate income senior citizens with a rolling or continuing first
preference for residents of the Borough of Ogdensburg. This Plan shall
be submitted prior to preliminary site plan approval. The plans submitted
shall include a sample copy of any contract or contracts to be offered
to prospective residents, and said plans shall comply with and meet
the requirements of the Borough's ordinance on affordable housing.
[Ord. No. 3-10]
A.
Permitted Principal Uses.
1.
Single family residential.
2.
Retail sale of goods and services.
3.
Fabrication, finishing and assembly of retail goods sold on site
and limited to first floor and basement.
4.
Parking lot - private passenger vehicles.
5.
Restaurant.
6.
Professional office and/or commercial service, i.e., bank, barber
shop, beauty salon, studio, tailor shop, clinic, real estate office,
other business and government offices.
7.
Apartments shall not be permitted on the first-floor structure on
Main Street (CR517).
[Amended 2-8-2021 by Ord. No. 02-2021]
8.
Public purpose uses.
9.
Taverns.
10.
Bed and breakfast establishments.
B.
Permitted Accessory Uses.
4.
Apartments
are permitted on the second floors and above in structures where commercial,
retail or professional offices are located on the first floor.
[Added 2-8-2021 by Ord. No. 02-2021]
G.
Maximum Building/Structure Height.
35 feet
H.
Signs (subject to Section 30-500).
1.
Only one exterior sign shall be permitted per use on the same exterior
wall of the building. A second exterior sign shall be permitted, per
use, on any other exterior wall. No more than two exterior signs are
permitted per use. Any sign smaller than three square feet is permitted
in any quantity and on any exterior wall, as long as such sign conveys
a complete message.
2.
All exterior signs shall be limited to messages pertaining to the
business being conducted on the premises.
3.
Each permitted exterior sign may not exceed 5% in total square footage
of the wall upon which it will be attached. Calculation for square
footage shall include any extended flat side of a roof and exclude
any window area used for commercial or nonresidential purposes. Under
no circumstances may any one exterior sign exceed 32 square feet.
4.
Any permitted exterior sign may be illuminated but shall not have
any flashing, pulsating, or continuously moving parts. Neon signs
are prohibited for exterior display. All exterior signs shall be professionally
painted and lettered and may not contain any fluorescent or "day-glo"
based paint or materials.
5.
All permitted exterior signs may be two-sided by the 32 square foot
limitation and the 5% limitation described in paragraph 3 of this
paragraph H. shall apply to the combined total of both display surfaces.
6.
Only one free-standing or sandwich-type sign is permitted per building,
regardless of multiple use of the building. Such signs shall not exceed
16 square feet in display area on each side. Such signs must be placed
at least 10 feet from the curb line and not interfere with pedestrian
traffic or obstruct the view of vehicular traffic.
7.
Interior signs which are displayed through a door or window for exterior
view shall not be limited to quantity or size, but none may cover
more than 25% of the door or window in which it is displayed. Neon
signs are only permitted in doors or windows and there shall be no
limitation in size or area coverage.
I.
Required Parking.
1.
For residential uses, two spaces per dwelling unit.
2.
For nonresident uses, one space per 200 square feet of gross floor
area.
3.
The above parking requirements may be waived by the Board if the
site under consideration contains a pre-existing structure and has
little or no undeveloped land area available to meet these parking
requirements.
J.
Miscellaneous Criteria.
1.
Non-abutting buildings shall maintain a ten-foot alleyway between
buildings to the rear of the building.
K.
More than one principal use per lot may be allowed in the Borough
Center District, subject to applicable site plan review and approval.
[Ord. No. 3-10]
A.
Permitted Principal Uses.
1.
Retail sale of goods and services.
2.
Restaurants other than drive-in fast food restaurants.
3.
Fabrication, finishing and assembly of retail goods sold on site
and limited to first floor and basement.
4.
Professional office and/or commercial service, i.e., bank, barber
shop, beauty salon, studio, tailor shop, clinic, real estate office,
other business and government offices.
5.
Public purpose uses.
6.
Quasi-public uses.
7.
Taverns.
8.
Child care center.
F.
Minimum Floor Area (Gross)
1,200 square feet
G.
Maximum Lot Coverage
60% Total.
H.
Maximum Building/Structure Height.
35 feet
K.
More than one principal use may be allowed in the Commercial/Retail
district, subject to applicable site plan review and approval, however,
permitted conditional uses are excluded from this provision allowing
multiple principal uses.
[Ord. No. 3-10]
A.
Permitted Principal Uses.
2.
Office and office buildings with or without multi-tenant space.
3.
Indoor warehousing, shipping and receiving and distribution provided,
however, that the same is ancillary to a limited industrial use.
4.
Scientific research laboratories and other experimental testing or
research establishment including applied engineering research such
as product development.
5.
Public purpose uses.
6.
Quasi-public uses.
E.
Minimum Yard Requirements.
|
Front
|
50 feet
|
|
Rear
|
40 feet
|
|
Side
|
25 feet each side
|
F.
Minimum Floor Area (Gross)
1,500 square feet
G.
Maximum Lot Coverage
50% Total.
H.
Maximum Building/Structure Height.
35 feet
J.
Required Off-Street Parking.
1 1/4 space for each employee for all manufacturing and
industrial uses. All other uses require 1 space per 250 square feet
of gross floor area.
K.
Miscellaneous Criteria.
An Environmental Impact Statement is a mandatory requirement
on any site plan application for land development.
L.
More than one principal use may be allowed in the Light Industrial/Commercial
District, subject to applicable site plan review and approval, however,
other than limited industrial/commercial parks, permitted conditional
uses are excluded from this provision allowing multiple principal
uses.
M.
Limited industrial/commercial parks as permitted as a conditional
use in this district shall be exempt from the prohibition with respect
to multiple principal buildings.
N.
Where multiple principal buildings are proposed for a single site,
the following requirements shall be met:
1.
No building shall be closer than 50 feet to any other building on
the site.
2.
Each building shall have a fifteen-foot fire lane adjacent to all
sides of it, which fire lane shall not be closer than 20 feet from
the building, nor more than 35 feet from the building.
3.
There shall be no parking allowed in the fire lanes and no fire lane
shall exceed an 8% slope.
4.
The building in closest proximity to the lot's road frontage shall
have its front facade facing the road frontage.
O.
Any site developed under the provisions allowing for multiple principal
buildings shall thereafter not be subdivided, and every site plan
approving development for multiple principal buildings shall provide,
as a condition of approval, for a deed restriction prohibiting further
subdivision.
A.
Permitted Principal Uses.
2.
Office and office buildings with or without multi-tenant space.
3.
Indoor warehousing, shipping and receiving, and distribution.
4.
Scientific research laboratories and other experimental testing or
research establishments, including applied engineering research such
as product development.
5.
Public Purpose Uses.
7.
Retail or wholesale sales of building materials, industrial supplies,
and products intended for outdoor use or construction.
B.
Permitted Accessory Uses.
1.
Uses accessory to and conducted in conjunction with a principal permitted
use.
3.
Outdoor storage of materials in conjunction with retail or wholesale
sales as referred to above, provided said outdoor storage is out of
public view and/or buffered from the view of adjacent properties,
residential zones, and public roads.
F.
Minimum Floor Area (Gross)
1,500 square feet
G.
Maximum Lot Coverage
50% Total.
H.
Maximum Building/Structure Height
30 feet
J.
Required Off-Street Parking.
1 1/4 space for each employee for all manufacturing and
industrial uses. All other uses require one space per 250 square feet
of gross floor area.
K.
Miscellaneous Criteria.
An Environmental Impact Statement is a mandatory requirement
on any site plan application for land development.
L.
More than one principal use may be allowed in the Industrial/Commercial
District, subject to site plan review and approval, however, other
than limited industrial/commercial parks, permitted conditional uses
are excluded from this provision allowing multiple principal uses.
M.
Where multiple principal uses are proposed for a site, the application
shall be exempt from the prohibition against multiple principal buildings.
N.
Where multiple principal buildings are proposed for a single site,
the following requirements shall be met:
1.
No building shall be closer than 50 feet to any other building on
the site.
2.
Each building shall have a fifteen-foot fire lane adjacent to all
sides of it, which fire lane shall not be closer than 20 feet nor
more than 35 feet from the building.
3.
There shall be no parking allowed in the fire lanes and no fire lane
shall exceed an 8% slope.
4.
The building in closest proximity to the lot's road frontage shall
have its front facade facing the road frontage.
O.
Any site developed under the provisions allowing for multiple principal
buildings shall thereafter not be subdivided, and every site plan
approving development for multiple principal buildings shall provide
as a condition of approval, for a deed restriction prohibiting further
subdivision.
C.
Minimum Lot Size and Dimensions.
None.
D.
Minimum Yard Requirements.
|
Front
|
75 feet
|
|
Rear
|
50 feet
|
|
Side
|
50 feet each side
|
E.
Minimum Floor Area.
None.
F.
Maximum Lot Coverage.
50%.
G.
Maximum Building/Structure Height.
30 feet
I.
More than one principal use may be allowed in the Public Conservation
District, subject to applicable site plan review and approval.
A.
Accessory Buildings as Part of Principal Buildings.
Any accessory building attached to a principal building shall
be considered part of the principal building and the total structure
shall adhere to the yard requirements for the principal building regardless
of the technique of connecting the principal and accessory buildings.
B.
Accessory Buildings and Structures Not to be Constructed Prior to
Principal Building.
No construction permit shall be issued for the construction
of an accessory building or structure, other than construction trailers
or storage sheds, prior to the issuance of a construction permit for
the construction of the main building upon the same premises. If construction
of the main building does not precede to coincide with the construction
of the accessory building or structure, the Construction Official
shall revoke the construction permit for the accessory building or
structure until the construction of the main building has proceeded
substantially toward completion.
E.
Location.
An accessory building or structure may be erected in side and rear yard areas only and shall be set back from side and rear lot lines a minimum of five feet or as prescribed in Section 30-500 or 30-600, as applicable, except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
F.
Construction of all accessory buildings shall be completed within
150 days of the issuance of the construction permit for same, in the
absence of which the construction code official may require removal
of the partially completed accessory building.
G.
Temporary Construction Trailers.
Temporary construction trailers and one sign not exceeding 32
square feet, advertising the prime contractor, subcontractor(s), architect,
financing institution, or similar data shall be permitted for the
period of construction beginning with the issuance of a Construction
Permit and concluding with the issuance of a Certificate of Occupancy,
or one year, whichever is less, provided said trailer(s) and sign
are on the site where construction is taking place.
All streets shall be provided with manholes, catch basins and
pipes where the same may be necessary for proper drainage.
A.
The system shall be adequate to carry off storm water and natural
drainage water which originates within the watershed affected by the
plan. No storm water runoff or natural drainage water shall be so
diverted as to overload existing drainage systems to create flooding
or the need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions.
B.
Techniques for computing water run-off and designing drainage controls
shall be as prescribed by the Soil Conservation Method or the Rational
Method and subject to the approval of the Borough Engineer.
C.
The following intensities shall be used to determine the required
capacity in cubic feet per second for the collection system design:
D.
All materials used in the construction of storm sewers, bridges and
other drainage structures shall be in accordance with the specifications
of the "Standard Specifications for Road and Bridge Construction,
1989."
E.
Pipe sizes shall be determined by acceptable drainage design procedures;
provided that the pipe size in a surface water drainage system shall
in no instance be less than 15 inches in diameter. All piping and
the manner installed shall be subject to approval by the Borough Engineer.
F.
The rate and velocity of runoff from the site following completion
of the proposed development shall not exceed that which would prevail
in a pasture of good hydrologic condition or previous cover, whichever
produces the least amount of runoff. Peak flows should be controlled
for the one- ten- and 100-year storms with any release rate (Q) not
to exceed the ten-year storm volume.
G.
Drainage inlets shall be located at all intersections, with inlets
on both sides of a street at intervals of not more than 400 feet or
such shorter distances as required to prevent the flow of surface
water from exceeding six cubic feet per second at the drainage inlet.
Access manholes shall be placed at maximum 500 feet intervals
throughout the system and at pipe junctions where there are no drainage
inlets.
H.
Lots shall be graded away from the building(s). Additionally, drainage
shall be provided in a manner which will prevent the collection of
storm water in pools or other unauthorized concentrations of flow
and water shall not flow across adjacent property lines at greater
than predevelopment rates.
I.
Approval of drainage structures shall be obtained from the appropriate
municipal, County, State and Federal agencies and offices. Where required,
each applicant shall make application to the Division of Water Resources
of the State Department of Environmental Protection, the Sussex County
Engineering Department and the Borough Engineer. Final approval from
the proper governmental authorities shall be furnished to the Secretary
of the Planning Board with a copy of each letter forwarded to the
Borough Engineer.
J.
When required by the municipality and as indicated on an approved
development plan, a drainage right-of-way easement shall be provided
to the Borough where a tract or lot is traversed by a watercourse,
surface or underground drainage way or drainage system, channel or
stream. The drainage right-of-way easement shall conform substantially
with the lines of such watercourse and provide a ten-foot access strip
along at least one side of the watercourse. In any event, the easement
shall be consistent with any minimum widths and locations as shown
on any adopted Official Map or Master Plan. Such easement shall be
expressed on the plat as follows: "Drainage easement granted for the
purposes provided and expressed in the Land Development Ordinance
of the Borough of Ogdensburg."
[Amended Ord. No. 5-07 § 502.1; 3-8-2021 by Ord. No. 03-2021]
[Added 3-8-2021 by Ord.
No. 03-2021]
A.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including Green Infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 30-502.1.2.
C.
D.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
[Added 3-8-2021 by Ord.
No. 03-2021]
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.
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 Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey 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 enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1, et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
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
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
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;
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 result in the disturbance
of one or more acres of land since February 2, 2004. 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 § 30-502.4F 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 BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A 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
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Added 3-8-2021 by Ord.
No. 03-2021]
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.
[Added 3-8-2021 by Ord.
No. 03-2021]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-502.1.10 below.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-502.1.4P, 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 § 30-502.1.4O, 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;
2.
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 30-502.1.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of § 30-502.1.4O, P, Q and R existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 30-502.1.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 30-502.1.4O, P, Q and R that were not achievable onsite.
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 § 30-502.1.4O, 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 amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this 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) are found after 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) are found after 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 to 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 § 30-502.1.4O2;
|
|
(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 § 30-502.1.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-502.1.2;
|
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 § 30-502.1.6B. Alternative stormwater management measures may be used to satisfy the requirements at § 30-502.1.4O only if the measures meet the definition of green infrastructure at § 30-502.1.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-502.1.4O2 are subject to the contributory drainage area limitation specified at § 30-502.1.4O2 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 § 30-502.1.4O2 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 § 30-502.1.4D is granted from § 30-502.1.4O.
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 one-third the width of the diameter of the orifice or one-third 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 § 30-502.1.8C;
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 § 30-502.1.8; 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 § 30-502.1.2 may be used only under the circumstances described at § 30-502.1.4O4.
K.
Any application for a new agricultural development that meets the definition of major development at § 30-502.1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-502.1.4O, 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 § 30-502.1.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or Ordinance shall be reflected in a deed notice recorded in the Office of the 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 § 30-502.1.4O, 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 § 30-502.1.10B5. 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 § 30-502.1.4 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 Paragraph 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 Paragraph 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 § 30-502.1.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 30-502.1.4F and/or an alternative stormwater management measure approved in accordance with § 30-502.1.4G. 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 three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
3.
To satisfy the stormwater runoff quantity standards at § 30-502.1.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 30-502.1.4G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-502.1.4D 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 § 30-502.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-502.1.4P, 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 § 30-502.1.4P, Q and R unless the project is granted a waiver from strict compliance in accordance with § 30-502.1.4D.
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 § 30-502.1.5, 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
subject to Paragraph 4 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 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 Paragraph 2 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 § 30-502.1.4P, 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.
This 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 § 30-502.1.5, 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 Paragraphs 2a, 2b and 2c 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.
[Added 3-8-2021 by Ord.
No. 03-2021]
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/2014NJSoilErosionControlStanda
rdsComplete.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 § 30-502.1.5A1a and the Rational and
Modified Rational Methods at § 30-502.1.5A1b. 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 have 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:
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 3-8-2021 by Ord.
No. 03-2021]
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.
[Added 3-8-2021 by Ord.
No. 03-2021]
A.
Site design features identified under § 30-502.1.4F, above, or alternative designs in accordance with § 30-502.1.4D7, above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-502.1.7A2 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.
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 Paragraph 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:
(1)
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
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.
[Added 3-8-2021 by Ord.
No. 03-2021]
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and Ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in § 30-502.1.8C1, C2 and C3 for trash
racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for Trash Racks, Overflow Grates and Escape Provisions:
1.
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
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 BMPs shall include escape provisions as
follows:
a.
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-502.1.8C, a free-standing outlet structure may be exempted from this requirement;
b.
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs 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 1/2 to 1 1/2 feet above the permanent water surface. See § 30-502.1.8E for an illustration of safety ledges in a stormwater management BMP; and
c.
In new stormwater management BMPs, 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 BMPs 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
 |
[Added 3-8-2021 by Ord.
No. 03-2021]
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 § 30-502.1.9C, 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. The 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
manmade features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 30-502.1.3 through § 30-502.1.5 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 § 30-502.1.4.
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 § 30-502.1.10, below.
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 § 30-502.1.9C1 through § 30-502.1.9C6e
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.
[Added 3-8-2021 by Ord.
No. 03-2021]
A.
Applicability. Projects subject to review as in § 30-502.1.1C shall comply with the requirements of § 30-502.1.10B and C.
B.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable Ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 30-502.1.10B3,
above, is not a public agency, the maintenance plan and any future
revisions based on § 30-502.1.10B7 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 non-vegetated linings.
7.
The party responsible for maintenance identified under § 30-502.1.10B3,
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 § 30-502.1.10B6
and B7 above.
8.
The requirements of § 30-502.1.10B3 and B4 above,
do not apply to stormwater management facilities that are dedicated
to and accepted by the municipality or another governmental agency,
subject to all applicable stormwater general permit conditions, as
issued by the Department. Maintenance and inspection guidance can
be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
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 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 from
requiring the posting of a performance or maintenance guarantee in
accordance with N.J.S.A. 40:55D-53.
[Added 3-8-2021 by Ord.
No. 03-2021]
Any person(s) 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 set forth in the Borough's General Penalty, Chapter 1, § 1-5, of the Borough Code and each day that the building, structure or land is permitted to remain in violation of this section shall be considered a separate and distinct offense. The Municipal Court shall have jurisdiction to enforce and collect any such penalty imposed in a summary manner and in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1, et seq.
A.
All permitted fences or walls shall be situated on a lot in such
a manner that the finished side of the fence or wall shall face adjacent
properties. All poles, posts, etc., shall be erected on the inside
of the fence or wall. No fence or wall shall be erected of barbed
wire, broken glass, topped with metal spikes, nor constructed of any
material or in any manner which may be dangerous to persons or animals,
except for nonresidential uses where the Board determines that such
construction is reasonable and affords safety. Electric fences or
walls are prohibited.
B.
All fences or walls shall be constructed and maintained to withstand
a wind load of no less than 15 pounds per square foot. Construction
materials may be of wood board (picket or panel), metal chain link
fabric, picket or bent salvage on tip, or concrete panel. All materials
shall be treated against infestation and corrosion.
C.
All fences or walls shall be symmetrical in appearance, with posts
separated by identical distances, with the fencing conforming to a
definite pattern and uniform design. Fences or walls shall be kept
in good repair, shall be regularly painted, and shall be maintained
in a clean condition.
D.
On any lot in any district, no wall or fence shall be erected or
altered so that said wall or fence shall be over four feet in height
in front yards and six feet in height in side and rear yards with
the following provisions and exceptions:
1.
A dog run may have fencing a maximum of six feet in height provided
such area is located in rear yards only and is set back from any lot
line 25 feet.
2.
A private residential swimming pool area must be surrounded by a fence at least four feet, but not more than six feet in height. Swimming pool areas shall be located in rear yards only. See Section 30-515 for additional standards.
3.
A tennis court area, located in rear yards only, may be surrounded
by a fence a maximum of 15 feet in height; said fence to be set back
from any lot line the distance required for principal buildings in
the zoning district as provided for by this chapter.
4.
Schools, playgrounds and parks in any district and commercial and
industrial uses may erect security fences to control ingress and egress
to all or part of the lot. Said fence shall be no more than 10 feet
in height, and no such fence shall be located within a front yard
setback area.
E.
Sight triangle areas shall be required at street intersections and
nonresidential driveways entering public streets, in addition to the
specified right-of-way widths, in which no grading, planting or structure
shall be erected or maintained more than 30 inches above the street
centerline, except for utility poles, street signs, fire hydrants
and light standards.
The sight triangle is defined as that area outside of the street
right-of-way which is bound by the intersecting street lines and the
straight line connecting "sight points," one each located on the two
intersecting street centerlines:
'Arterial' streets at 300 feet;
'Collector' streets at 200 feet;
'Local' streets and residential driveways at 90 feet.
Sight triangle easements shall be required for any new development
and such easement dedication shall be expressed on the plat or plan
as follows: "Sight triangle easement deeded for purposes provided
for and expressed in the Land Development Regulations of the Borough
of Ogdensburg."
A.
Street lighting of a type supplied by the utility and of a type and
number approved by the Borough Engineer may be required at all street
intersections and along all arterial, collector and local streets
and anywhere else deemed necessary for safety reasons.
B.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, multiple family
or other uses having common off-street parking and/or loading areas
shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
non-glare lights focused downward. The light intensity provided at
ground level shall be indicated in footcandles on the submitted site
plans and shall average at least 0.5 footcandles at intersections
and 0.3 footcandles elsewhere in the area to be illuminated. Lighting
shall be provided by fixtures with a mounting height not more than
18 feet or the height of the building, whichever is less, measured
from the ground level to the centerline of the light source.
C.
Any outdoor lighting such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting, shall be shown on the lighting plan in sufficient detail
to allow a determination of the effects upon adjacent properties and
traffic safety. The objective of these specifications is to minimize
undesirable off-premises effects. No light shall shine into windows
or onto streets and driveways in such a manner as to interfere with
or distract driver vision. To achieve these requirements, the intensity
of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval.
D.
Automatic shut-off or dimming devices shall be required for all parking
areas providing 20 or more parking spaces.
A.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
B.
Each lot must front upon an approved street.
C.
All lots shall be suitable for the purpose(s) of their intended use.
Where there is a question as to the suitability of a lot or lots for
their intended use due to factors such as poor drainage conditions
or flood conditions, the Board, after adequate investigation, may
withhold approval of such lots. If approval is withheld, the Board
shall give reasons and notify the applicant and enter the same in
the minutes.
D.
Concrete monuments shall be installed in accordance with the requirements
of the New Jersey Map Filing Act.
A.
Natural features such as trees, hill tops and views, natural terrain,
open waters and natural drainage ridge lines shall be preserved whenever
possible in designing any development containing such features.
B.
Natural fertility of the soil shall be preserved and soil on-site
shall be disturbed as little as possible. No topsoil shall be removed
from the site. Topsoil moved during the course of construction shall
be redistributed evenly over the tract so as to provide at least six
inches of cover to all areas, where possible, which cover shall be
established by approved seeding and/or planting.
C.
During the design, planning and construction of any development,
a conscious effort shall be made to preserve the existing vegetation
on the site. Additionally, the planting of shade trees shall be provided
in all residential developments and in subdivisions of other kinds
where deemed appropriate by the Planning Board. Trees shall be planted
along both sides of existing and/or new streets at intervals of not
more than 50 feet and in types, sizes and locations conducive to healthy
growth, and according to any standards adopted by the Governing Body
so as not to interfere with street paving and utilities. All planting
strips within street rights-of-way shall be finished graded, properly
prepared, and seeded or sodded with lawn grass. The proposed location
of the trees shall be indicated on the site plan and/or subdivision
submission. All newly planted shade trees shall be of nursery stock,
shall have a minimum caliper two to 2 1/2 inches and shall be
of a species indigenous to the area. All plantings shall be done in
conformance with good horticultural practice.
D.
Landscaping provided as part of any development plan should provide
for a variety and mixture of plantings. The selection should consider
susceptibility to disease, colors, season, textures, shapes, blossoms,
and foliage. The site plan shall show the location, specie, size at
planting and quantity of each plant.
E.
A five-foot wide shade tree easement shall be provided adjacent to
the street line in all subdivisions.
A.
Lots.
1.
Whenever the owner of a lot existing at the time of adoption of this
chapter has dedicated or conveyed land to the Borough in order to
meet the minimum street width requirements of the Official Map or
Master Plan of the Borough, the Zoning Officer shall issue zoning
and occupancy permits for lots whose depth and/or areas are rendered
substandard only because of such dedication and where the owner has
no other adjacent lands to provide the minimum requirements.
2.
In all residential zones, any existing lot on which a building or
structure is located and which lot does not meet the minimum lot size,
or a structure which violates any yard requirements, may have additions
to the principal building and/or construction of an accessory building
without an appeal for variance relief provided: a) the existing use(s)
on the lot are conforming to the permitted use(s) set forth on this
chapter for the lot in question; b) the total permitted building coverage
is not exceeded; c) the accessory building and/or addition does not
violate any other requirements of this chapter such as, but not limited
to, height, setback and parking and does not increase any existing
non-conformity; and d) the lot is not reduced in size.
B.
Structures and Uses.
1.
Any preexisting nonconforming use or structure existing at the time
of the passage of this chapter may be continued upon the lot or in
the structure so occupied and any such structure may be repaired in
the event of partial destruction thereof. Partial destruction is defined
as destruction equaling less than 50% of the replacement value of
the use or structure.
2.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure or a conforming
structure containing a nonconforming use, including renovation which
may require structural alterations or reconstruction. However, no
structure or use shall be enlarged, extended or expanded in any manner
without an appeal for variance relief, unless specifically permitted
elsewhere in this chapter.
3.
A nonconforming use shall be considered abandoned if there is a cessation
of the previous use or activity on the part of the owner or tenant;
thereafter, such building, structure and/or land shall not be used
in a nonconforming manner.
4.
Any nonconforming use or structure which has been changed back again
into a nonconforming use or structure.
5.
Any nonconforming use, structure or lot may change ownership and
continue to function as the same nonconforming use, structure or lot
provided all other provisions of this chapter and other applicable
laws are met.
A.
Landscaping.
1.
A screen planting, berm, fence, wall or combination thereof, no less
than five feet in height, shall be provided between the off-street
parking areas for more than 10 vehicles and any lot line or street
line except where a building intervenes or where the distance between
such areas and the lot line or street line is greater than one maintained
in good condition and without advertising.
2.
All loading areas shall be landscaped and screened sufficiently to
obscure the view of the loading vehicles and platforms from any public
street, adjacent residential district(s), or on-site parking areas,
throughout the year. Such screening shall be by an extension of the
building, a fence, berm, wall, evergreen planting or combination thereof
and shall not be less than five feet in height.
3.
Each off-street parking area shall have a minimum area equivalent
to one parking space per every 25 spaces landscaped with approximately
one-half said area having shrubs no higher than three feet and the
other half having trees with branches no lower than seven feet. Such
landscaped areas shall be distributed throughout the parking area
in order to break the view of parked cars in a manner not impairing
visibility.
B.
Lighting.
Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Section 30-504. All parking facilities providing five or more parking spaces shall be lighted.
C.
Paving and Curbing.
1.
All parking and loading areas and access drives shall be paved as
outlined below unless said requirement is otherwise waived by the
appropriate municipal agency and approved as part of the development
application approval. All parking areas, regardless of size and location,
shall be suitably drained and maintained.
a.
Areas of ingress or egress, loading and unloading areas, parking
areas, interior driveways or access aisles and other areas likely
to experience heavy traffic shall be paved with not less than six
inches of soil aggregate base course prepared and constructed in accordance
with Division 3, Road and Bridge Construction, 1983, as prepared by
the New Jersey State Department of Transportation, and any supplements,
addenda and modifications thereto. A minimum of two inch compacted
wearing surface of bituminous concrete (FABC) shall be constructed
thereon in accordance with Division 3, Section 10, of the aforesaid
New Jersey State Department of Transportation specifications and amendments
thereto.
b.
Where subgrade conditions of proposed parking and loading areas are
wet, springy or of such a nature that surfacing would be inadvisable
without first treating the subgrade, the treatment of the subgrade
shall be made in the following manner: The areas shall be excavated
to a suitable depth below the proposed finished grade and filled with
a suitable subgrade material as reasonably determined by the Borough
Engineer. Where required by the Borough Engineer, a system of porous
concrete pipe subsurface drains or an alternate solution approved
by the Borough shall be constructed beneath the surface of the parking
area and connected to a suitable drain. After the subbase material
has been properly placed and compacted, the parking area surfacing
material, as described herein above, shall be spread thereon.
2.
All off-street parking lots shall have adequate designations to indicate
traffic flow and parking spaces.
3.
Parking spaces shall be dimensional in accordance with the definition of "parking space" in Section 30-200 of this chapter.
4.
All off-street parking and loading areas shall be provided with curbing
or curb stops so that vehicles cannot be driven onto required perimeter
landscaped areas, buffer zones and street rights-of-way and so that
each parking and loading area has controlled entrances and exits and
drainage control. Curbing or wheel stops shall be located to prevent
any part of a vehicle from overhanging internal sidewalks or landscaped
areas. Parking and loading spaces shall not be an extension of any
street right-of-way.
5.
An evergreen planting strip not less than five feet in width and
six feet in height shall be provided as a buffer between any property
line which abuts a residential use or district and any parking area
with five or more parking spaces.
D.
Access.
Each lot developed with a detached single-family dwelling unit
shall provide an on-site driveway turnaround and shall be permitted
only one curb cut per each lot; each curb cut shall be a minimum 10
feet wide and the curb cut and access drive shall be located on the
side property line. Each lot developed with other than a detached
single- family unit shall not be so restricted, however, curb cut
access shall be limited by the Borough Planning Board, as deemed necessary,
and no curb cut shall be more than 24 feet in width. In all instances,
due consideration to the proposed width, curbing, direction of traffic
flow, radii of curves and method of dividing traffic lanes shall be
given. Curbing, where required, shall be depressed at the driveway
and the curbing may be rounded at the corners. Driveways and access
to any public street, except for single-family dwelling units, shall
be located at least 35 feet from the intersection of the street at
the curb line, and shall be designed in a manner conducive to safe
ingress and egress.
E.
Location of Parking and Loading.
Required off-street parking and loading spaces shall be located
on the same lot or premises as the use served, regardless of the number
of spaces required by this chapter, except that in cases when it is
determined during site plan review that the requirements for on-site
off-street parking cannot be met because of existing conditions, the
location and adequacy of off-site parking spaces to service the use
shall be specified on the site plan for approval by the Planning Board.
No parking of vehicles shall be permitted in fire lanes, streets,
driveways, landscaped areas, aisles, buffer areas, sidewalks or turning
areas. Parking may occupy front, side and rear yard areas subject
to site plan approval, unless otherwise specified in this chapter.
Where different specific activities with different parking requirements
share the parking area, the total number of required parking spaces
shall be the sum of the individual requirements for each activity.
F.
Type of Facility.
1.
Parking spaces may be on, above or below the surface of the ground.
When parking spaces are provided within a garage or other structure,
said structure shall adhere to the proper accessory or principal building
setbacks, as applicable.
2.
The provision of parking and loading spaces shall also include adequate
driveway and necessary turning areas for handling the vehicles for
which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles. Aisles
providing access to parking areas shall have the following minimum
dimensions:
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90°
|
24 feet
|
24 feet
|
|
60°
|
18 feet
|
N/A
|
|
45°
|
15 feet
|
N/A
|
|
30°
|
15 feet
|
N/A
|
|
Parallel
|
15 feet
|
N/A
|
|
Where the angle of parking is different on both sides of the
aisle, the larger aisle width shall prevail.
|
3.
Where the separate designation of a specific loading space is not
required for an activity, the required off-street parking area shall
not be used for loading and unloading purposes except during hours
when normal business operations are suspended.
4.
Parking lots shall not exceed a maximum grade of 6% and shall be
so graded that storm water runoff flows from aisles to parking stalls
and does not cross drives or roads in a concentrated flow.
G.
Driveways.
[Added 3-28-2022 by Ord. No. 02-2022]
1.
General Standards. In order to protect traffic upon the public thoroughfare
within the Borough of Ogdensburg, the Borough deems it necessary to
regulate the grade, materials and design standards of driveways that
provide entrances and exits from the public thoroughfare. The following
standards are applicable for single-family residences:
a.
Within 20 feet of the near street right-of-way line, all driveways
shall be constructed in accordance with the following specifications:
(1)
Base material: a minimum of four inches of soil aggregate, Dense
Graded Aggregate Base Course (DGA), in accordance with New Jersey
Department of Transportation specifications or an approved equal combination
of material and thickness.
(2)
Surface material: a minimum two-inch thickness of HMA Surface
Course, as per New Jersey Department of Transportation specifications.
b.
Driveway construction beyond 20 feet of the near street right-of-way
line shall be constructed with a minimum of four inches of HMA Base
Course, as per New Jersey Department of Transportation specifications,
except that the Borough Engineer may require extension of the HMA
Surface Course material if it is required to prevent erosion and debris
on the roadway.
c.
All driveways constructed or modified shall be constructed so as
to be as near perpendicular to the existing pavement or traveled way.
Any curving alignment of the driveway for aesthetic or topographic
reasons shall be accomplished beyond the Borough right-of-way.
d.
All driveways shall be constructed and maintained in such a manner
as to prevent erosion of the soil and its deposit upon the street
or road, gutters, catch basins, inlets, drains or traveled way. The
owner of the property shall be responsible for any debris, soil, water
or ice accumulating on the roadway as a direct result of the construction
of the driveway.
e.
All driveways constructed or altered shall be constructed in such
a manner as to not interfere with the drainage along the proposed
or existing pavement or traveled way, nor shall runoff from a driveway
discharge beyond an existing ditch onto the traveled way. Under no
circumstances shall the driveway be allowed to extend beyond the edge
of the existing pavement and traveled way, thereby creating an uneven
driving surface on the pavement or traveled way.
f.
The installation of a suitably sized pipe or culvert will be required
in the event that the existing flow line or ditch cannot be crossed
with a dish-type gutter. The size of the pipe or culvert required
shall be determined by the Borough Engineer or his authorized agent.
g.
No cars shall be parked on site except as located within an approved
driveway in accordance with this subsection.
h.
No residential zoning lot shall have more than one driveway cut for
the purpose of accessing said lot.
2.
Permitting and Design Criteria.
No driveway entrance may be constructed or existing driveway
entrance altered within an existing or future street or road right-of-way
without first obtaining an approved driveway construction permit from
the Borough Zoning Officer. If necessary, the application would need
to be submitted to the Borough Engineer.
a.
Applications for new driveways or modifications shall be directed
to the Borough Engineer. Plans and profiles as required below for
the proposed driveway, prepared in a workmanlike and professional
manner, shall be submitted to the Borough Zoning Officer. If necessary,
the application would need to be submitted to the Borough Engineer.
b.
Design criteria. All driveways shall conform to the following criteria:
(1)
No portion of the grade of a driveway may exceed 15%.
(2)
To prevent erosion, the side slopes of driveways shall be topsoiled,
seeded, fertilized and mulched in accordance with the Sussex County
Soil Conservation District standards. If banks exceed a one-foot rise
in a two-foot horizontal grade, retaining walls shall be required.
(3)
Turning radii measured on the inside curve of the driveway shall
not be less than 25 feet.
(4)
Within 25 feet of the centerline of an existing Borough road,
the finished grade of a driveway shall not exceed 2%.
(5)
Profiles of the centerline of the driveway, both existing and
proposed, shall be submitted for the entire length of the driveway
from the centerline of the Borough road to the garage floor for an
existing slope in excess of 10%.
(6)
Within 20 feet of the garage, the grade shall not exceed 3%.
Downhill grades must have the drainage directed away from the dwelling.
(7)
The Borough Engineer shall have the authority to reasonably
direct the owner to construct the driveway at such a location as to
maximize sight distance.
(8)
The plan must indicate the method of discharge of stormwater
drainage from the driveway into the Borough drainage system.
(9)
All driveways shall have a minimum width of 10 feet for single-family
homes.
(10)
Adequate vertical transition for all grade changes shall be
provided.
(11)
Where a site occupies a corner of two intersecting roads, no
driveway shall, where possible, be located within 100 feet of the
centerline intersection and shall, where possible, connect to the
less trafficked street.
(12)
The entire length of all driveways having a grade in excess
of 10% from the road pavement to the terminus of the driveway shall
be required to be paved in accordance with the standards with reference
to pavement within the first 50 feet of the street right-of-way line.
Alternative pavement material can be used if approved by the Borough
Engineer. There shall be a minimum centerline radius on all curves
within any driveway of not less than 25 feet. Upon good cause shown,
upon application to the Land Use Board or an approving authority before
which an application is pending, the approving agency has the right
to waive this requirement, in whole or in part, in its sole discretion.
(13)
Driveway openings shall not exceed more than 24 feet in width.
(14)
All driveways on residential lots shall maintain a minimum setback
of five feet from the adjacent lot.
(15)
Where a driveway is longer than 500 feet, unless otherwise determined
by the Borough Engineer, a pull-off shall be provided at least every
300 feet along the driveway, so as to permit emergency vehicles to
pass each other safely. Where pull-offs are required, they shall become
part of the driveway design.
c.
Plans showing a proposed disturbed area in excess of 5,000 square
feet may be sent, at the Engineer's discretion, to the Sussex
County Soil Conservation District for recommendations on soil erosion
control prior to application approval.
d.
An as-built driveway plan shall be required if, in the judgment of
the Borough Engineer, the finished driveway does not conform to the
driveway design as approved.
e.
A Certificate of Occupancy shall not be issued by the Construction
Code Official until the driveway construction is completed in accordance
with the approved application to the satisfaction of the Borough Engineer.
3.
Permit Fee.
All applications for new driveways or modifications made to
existing driveways that change slope, contour, material to construct
driveway or footprint shall be submitted to the Zoning Officer with
an application fee of $50.
4.
Exceptions.
a.
The property owner may apply to the Borough Council for an exception
from provisions of this section if the literal enforcement of such
provision is impracticable or will exact undue hardship because of
peculiar conditions pertaining to the land. Such application shall
present an alternative, which is within the general purpose of this
section.
b.
The Borough Council shall consider the recommendations of the Borough
Engineer in such cases. The decisions of the Council shall be made
by resolution. Applicant is required to post escrow fee in amount
of $500 for the Borough's professional(s) to review the proposal.
5.
Violations and Penalties.
Any person or persons violating the provisions of this section
shall be punished by a fine not to exceed $500 or by imprisonment
for a term not to exceed 90 days, or both.
An application for a construction permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the conditions
that not Certificate of Occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
These provisions shall not apply to any sewage treatment plant which
has received approval by the State Department of Environmental Protection.
A.
Electrical and/or Electronic Devices.
All electric or electronic devices shall be subject to the provisions
of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968,
entitled "An Act for the Protection of Public Health and Safety from
the Dangers of Electronic Product Radiation" and the BOCA Basic Building
Code as adopted by the State of New Jersey.
B.
Glare.
No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare,
direct light or reflection will not become a nuisance to adjoining
properties, adjoining units, adjoining districts or streets.
C.
Heat.
No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which could cause the temperature
to rise or fall in any body of water, except that this provision shall
not apply to any sewerage treatment plant which has received approval
by the State Department of Environmental Protection.
D.
Noise.
The sound level of any operation (other than the operation of
registered motor vehicles or other transportation facilities operation
involved in the construction or demolition of structures, emergency
alarm signals or time signals) shall not exceed the decibel levels
in the designated octave bands as stated below. The sound pressure
level shall be measured with a Sound Level Meter and an Octave Band
Analyzer that conform to specifications published by the American
Standards Association, New York, New York.
The maximum permissible sound-pressure levels for smooth and
continuous noise shall be as follows (all of the decibel levels stated
below shall apply in each case) between the hours of 10:00 p.m. and
7:00 a.m.:
|
Frequency Band
(Cycles per second)
|
Maximum Permitted Sound-Pressure Level
(Decibels)
|
|---|---|
|
20-75
|
69
|
|
75-150
|
54
|
|
150-300
|
47
|
|
300-600
|
41
|
|
600-1,200
|
37
|
|
1,200-2,400
|
34
|
|
2,400-2,800
|
31
|
|
Above 4,800
|
28
|
|
If the noise is not smooth and continuous (if the variation
of the noise level involves maximum at intervals of one second or
less, it is to be considered as continuous noise) or it is not radiated
at nighttime, one or more of the corrections below shall be added
to or subtracted from each of the decibel levels given above.
|
|
Type of Operation of Character of Noise
|
Correction in Decibels.
|
|---|---|
|
Daytime operation only (7:00 a.m. to 10:00 p.m.)
|
+5
|
|
Noise occurs less than 5% of any one-hour period
|
+ 5
|
|
Noise is of peculiar character (hum, scream, etc.) or is of
impulsive character (hammering, etc.) (In the case of impulsive noise,
the correction shall apply only to average pressure during an impulse,
and impulse peaks shall not exceed the basic standards given above).
|
-5
|
E.
Odor.
Odors shall not be discernible at the lot line or beyond. Any
process which may involve the creation or emission of any odors shall
be provided with a secondary safeguard system so that control will
be maintained if the primary safeguard system should fail.
F.
Storage and Waste Disposal.
No flammable or explosive liquid, solids or gases shall be stored
in bulk above ground; provided, however, that tanks or drums of fuel
directly connected with energy devices, heating devices, or appliances
located on the same lot as the tanks or drums of fuel are excluded
from this provision.
No provision shall be made for the depositing of materials or
waste upon a lot where they may be transferred off the lot by natural
causes or forces, or where they can contaminate an underground aquifer
or otherwise render such an underground aquifer undesirable as a source
of water supply or recreation, or where they will destroy aquatic
life. Provision shall be made for all material or waste which might
cause fumes or dust, or which constitutes a fire hazard, or which
may be edible or otherwise attractive to rodents and insects, to be
enclosed in appropriate containers to eliminate such hazards and stored
outdoors. Such outdoor storage containers shall be surrounded by fencing
and adequately screened from adjacent properties.
All development plans shall provide for sufficient area for
the storage or recyclable materials as follows:
1.
Each application for residential development of 50 or more units
of single-family housing or 25 or more units of multi-family housing
must include provisions for the collection, disposition, and recycling
of recyclable materials. A single-family unit or a unit within a multi-family
dwelling should provide at least 12 square feet or floor area conveniently
arranged and located as a holding area for a four week accumulation
of materials. Such an area may be within a hidden laundry room, basement
or garage.
2.
Each application for a nonresidential use which utilizes 1,000 square
feet or more of land must include provisions for the collection, disposition
and recycling of recyclable materials. Each application shall quantify
the amount of recyclable material it will generate as part of its
weekly generation, including newspapers, leaves, white high-grade
paper, glass bottles and jars, aluminum, corrugated cardboard, and
tin and bi-metal cans. The application shall provide a storage area
to contain a week's accumulation of recyclable material.
3.
The storage area for recyclable materials shall be designed for truck
access for pick-up of materials and be suitable screened from view
if located outside a building.
G.
Ventilation.
No use shall obstruct the natural ventilation of adjacent uses
nor contaminate the air with excessive heat or odor. Further, no air
conditioners or exhaust fans shall be permitted to discharge exhausted
air unless set back from all property lines at least 10 feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
H.
Vibration.
There shall be no vibration which is discernible to the human
senses or which is at low or high frequencies capable of causing discomfort
or damage to life or property.
I.
Toxic and Radioactive Substances.
There shall be no toxic or radioactive substances associated
with any use.
J.
Drainage.
No storm water or natural drainage which originates on the property
or water generated by the activity (e.g., air conditioners, swimming
pools, etc.) shall be diverted across property lines unless transported
in an approved or existing drainage system.
K.
Smoke Control (for nonresidential uses).
1.
No smoke shall be emitted from any chimney or other source visible
gray greater than No. 1 on the Ringelmann smoke chart as published
by the U.S. Bureau of Mines.
2.
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may
be emitted for not more than four minutes in any 30 minute time period.
3.
These provisions, applicable to visible gray smoke, also shall apply
to visible smoke of a different color, but with an equivalent apparent
opacity.
L.
Control of Dust and Dirt, Fly Ash, Fumes, Vapors and Gases.
1.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall
be made which can cause any damage to health, animals or vegetation
or other forms of property or which can cause any noticeable soiling
at any point.
2.
No emission of liquid or solid particles from any chimney, etc.,
shall exceed 0.3 grains per cubic foot of the covering gas at any
point.
3.
Any emission of dust, dirt, fly ash, fumes, vapors or gases shall
be in compliance with N.J.A.C. 7:27-8.1.
4.
For measurement of the amount of particles in gases resulting from
combustion, standard correction shall be applied to a stack temperature
of 500° F. and 50% excess air.
Unless otherwise specified in this chapter, no more than one
principal dwelling or building, nor more than one principal use, shall
be permitted on one lot.
A.
All public services shall be connected to an approved public utilities
system where one exists. The developer shall arrange with the servicing
utility for the installation of the distribution supply lines and
service connections, in accordance with the provisions of the applicable
standard terms and conditions incorporated as part of its tariff,
as the same are on file with New Jersey State Board of Public Utility
Commissioners; provided however, that lots which abut existing streets
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from these overhead lines, but
any new service connections from the utilities' overhead lines shall
be installed underground. In cases where extension of service is needed
to existing buildings, the present method of service may be continued.
In the case of existing overhead utilities, however, should a road
widening or an extension of service or such other condition occur
as a result of the development and necessitate the replacement or
relocation of such utilities, the developer shall cause the replacement
to be underground.
1.
Upon submission of preliminary plats or plans for approval, the developer
shall present a statement of intent, setting forth all public utility
companies to serve the tract. All preliminary plats and plans shall
show the location, size and capacity of all utility structures and
facilities within 200 feet of the tract.
2.
Prior to the commencement of construction, the developer shall furnish
the Borough Clerk a copy of the agreement with the applicable public
utility companies certifying the jurisdiction of the public utility
company for the particular portion of the Borough; indicating agreement
with the proposed utility installation design; and stating who will
construct the facility so that service will be available prior to
occupancy. The form of such agreement(s) shall be reviewed and approved
by the Borough Attorney prior to the commencement of construction.
3.
The developer shall provide the Borough with four copies of a final
"as built" plan showing the installed location of the facilities.
B.
Easements along property lines or elsewhere for utility installation
may be required. Such easements shall be at least 20 feet wide and
located in consultation with the companies or Borough departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to lot lines. Such easement dedication shall be expressed
on the plat or plan as follows: "Utility right-of-way easement granted
for the purposes provided for and expressed in the Land Development
Regulations of the Borough of Ogdensburg."
A.
General Provisions.
Where a public waste water treatment plant and collection system
is accessible or proposed, the developer shall construct sanitary
sewer lines and building connections in accordance with the Borough's
Waste Water Management Plan and New Jersey Department of Environmental
Protection permit requirements and in such a manner as to make adequate
sewage treatment available to each lot and building within the development.
B.
Data Required to be Submitted.
The applicant shall submit the following information and data
prior to, and as a part of, the application for preliminary approval:
1.
The data on underlying geology, water table, depth of rock, soils
analysis, soil stratigraphy, percolation tests for every sewerage
disposal site, topography, location and depth of aquifers, and depth,
capacity and type of all wells which have been recorded or can be
obtained from interviews with adjacent property owners within 500
feet of the site; soil logs and percolation test for each disposal
site as witnessed by the Board of Health, and any other pertinent
data.
2.
If disposal is off-site:
The projected sewer discharges stated in average daily flows
(gallons per day) for initial phase and five and ten-year projections
for each of the following categories:
3.
If the treatment facilities is by interconnect to a regional system:
the developer shall provide:
a.
The name of the public facility and point of connection and description
of the interconnecting facilities shall be provided.
4.
If the treatment facilities is by discharge into stream or watercourse:
the developer shall provide:
a.
Location of treatment facility.
b.
Receiving stream and data on stream classification, water quality,
seven day flow at ten-year frequency.
c.
Description of treatment facilities and proposed effluent quality.
d.
The evaluation of initial and future deleterious effects on the use
of the stream for water supply, recreation, and aquatic and terrestrial
wildlife. Evaluation shall not include effect of nutrients on downstream
ponds and lakes.
A.
General Provisions.
1.
No signs shall be placed on or attached to a building or erected
independently for any purpose other than to advertise a permitted
business or use conducted on the same premises unless specifically
permitted herein.
2.
No billboards hall be erected or replaced.
3.
No sign having a message which in and of itself is lewd and licentious
or advocates an act in violation of any municipal, County, State of
Federal law is permitted.
4.
No signs shall be erected, altered or replaced which are not in accordance
with the standards established in this chapter.
5.
No sign except traffic signs and those of a duly constituted governmental
body shall be erected with the street right-of-way, nor shall any
sign be placed on any property without the consent of the property
owner.
6.
No permit shall be issued to erect an exterior sign on any property
containing a nonconforming sign or signs, until such time as the nonconforming
sign or signs have been removed.
7.
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, traffic directional and identification signs, other
places of business, or other signs or windows of the building on which
they are located.
8.
No signs shall be attached to trees, fence posts, stumps, utility
poles, but shall be free-standing or attached to buildings in an approved
manner.
9.
No sign shall be erected so as to project over the property line
or emit any sound, odor or other nuisance beyond the property line
or above 20 feet.
The erection of any sign shall require a sign permit from the
Borough Zoning Officer unless specifically exempted herein or unless
the sign has been approved by the Planning Board as part of an approved
site plan or subdivision application for development. Additionally,
all signs shall require a construction permit from the Construction
Official unless specifically exempted herein.
The applicant shall file for the Sign Permit by paying a fee
of $5 to the Zoning Officer, on behalf of the Borough, and by providing
the Zoning Officer with the necessary information from which to determine
whether the subject sign meets the terms of this chapter. Within 15
days after the filing for the permit, the Zoning Officer shall either
issue or deny the permit. If denied, the Zoning Officer shall indicate
in writing the reason(s) for such denial; provided, however, that
should the Zoning Officer have particular questions regarding any
particular application, the application may be referred by the Zoning
Officer to the Planning Board for review and comment prior to action
by the Zoning Officer. Once the Zoning Permit has been issued, the
Construction Official may issue a construction permit as may be necessary,
after the required review and approval.
B.
Animated, Flashing and Illusionary Signs.
Signs using mechanical or electrical devices to revolve, flash
or display movement or the illusion of movement are prohibited.
C.
Height.
No free-standing or attached sign shall be higher than 20 feet
except that no sign shall exceed any lesser height if particularly
specified.
D.
Free-Standing Signs.
Free-standing signs shall be supported by one or more columns
or uprights which are firmly imbedded in the ground. Exposed guy wires,
chains or other connections shall not be a support of a free-standing
sign.
E.
Illuminated Signs.
Illuminated signs shall be arranged to reflect the light and
glare away from adjoining streets and adjacent residential districts.
No sign with red, green, blue or amber illumination in a beam, beacon
or flashing form resembling an emergency light shall be erected in
any location. Illuminated signs shall not be erected in residential
districts.
F.
Information and Direction Signs.
Street number designations, household name plates, postal boxes,
"private property," "no hunting," on-site directional and parking
signs and warning signs are permitted in all zoning districts but
are not considered in calculating sign area. No such sign(s) shall
exceed six square feet in area, and such sign(s) shall not require
either a sign permit or a construction permit.
G.
Maintenance.
Signs and, in the case of permitted free-standing signs, the
mounting area on the ground level beneath the sign, must be constructed
of durable materials, maintained in good condition and not allowed
to become dilapidated or unsightly.
H.
Political Signs.
Political signs temporarily giving notice of political campaigns
shall be located on private property and shall be set back at least
10 feet from all side property lines and shall not exceed 32 square
feet in area in nonresidential zones. Signs shall be permitted within
45 days prior to any municipal, County, State or national election
and shall be removed within five days after the election. All such
signs do not need either a sign permit or a construction permit.
I.
Real Estate Signs.
Real estate signs temporarily advertising the sale, rental or
lease of the premises or portion thereof shall be located on private
property and, if not attached to the building, shall be set back from
all street lines at least five feet. Signs shall not exceed six square
feet in area. All such signs shall be removed at the expense of the
advertiser within 30 days after the termination or completion of the
matter of business being advertised. "Sold" signs shall be permitted
between the signing of the contract of sale and the date of the legal
closing. All real estate signs do not require either a sign permit
or a construction permit.
J.
Sign Area.
The area of a sign shall be measured around the edges of a framed
or enclosed sign or by the area utilized by isolated words and/or
symbols, including the background whether open or enclosed, but said
area shall not include any supporting framework and bracing incidental
to the display itself.
K.
Signs With Two Exposures.
Such signs shall be measured for area by using the surface of
one side of the sign only. Both sides may be used.
L.
Wall Fascia or Attached Signs.
Wall fascia or attached signs shall be firmly attached to the
exterior wall of a building and shall not project more than 15 inches
from the building.
M.
Window Signs.
Interior window signs shall not be considered in computing the
allowable signs provided, however, that such interior signs shall
not exceed 25% of the total window area. Permitted window signs shall
not require a sign permit or a construction permit.
N.
Flag of United States of America.
The flag of the United States of America may be displayed in
all zones and does not need either a sign permit or a construction
permit, except that all permanently installed poles used to display
the flag shall require a construction permit, which permits shall
not require a fee.
O.
Non-Profit Organization Event Signs.
Temporary signs announcing an event sponsored by a non-profit
organization shall not require a construction permit. Said signs may
be displayed for a period not to exceed two weeks, after which it
shall be the responsibility of the nonprofit organization to promptly
remove each of said signs.
P.
Prohibited Signs.
Unless specifically permitted in this chapter, all other signs,
whether of a permanent or temporary nature, shall be prohibited.
Q.
Street Signs.
Street signs shall be of the type, design and standard approved
by the Planning Board, or Governing Body, as the case may be. The
location of the street signs shall be determined by the Borough, but
there shall be at least two street signs furnished at each intersection.
All signs shall be installed free of visual obstruction.
A.
Streets.
1.
All developments shall be served by paved streets in accordance with
the approved subdivision and/or site plan and all such streets shall
have an adequate crown. The arrangement of such streets not shown
on the Master Plan or Official Map, as adopted by the Borough, shall
be such as to provide for the appropriate extension of such streets.
2.
In all developments, the minimum public street right-of-way shall
be measured from lot line to lot line and shall be in accordance with
the following schedule, provided that any new street that is a continuation
of an existing street shall be continued at a width equal to that
of the existing street, although a greater width may be required in
accordance with the following schedule, unless otherwise determined
by the Borough Engineer:
|
Right-of-Way
|
Cartway
| |
|---|---|---|
|
Arterial
|
80 feet
|
60 feet
|
|
Collector
|
66 feet
|
40 feet
|
|
Local
|
50 feet
|
28 feet
|
3.
In the event that a development includes existing streets that do
not conform to the street width requirements of this chapter, additional
land along either or both sides of the street, within the development,
sufficient to conform to the right-of-way requirements, shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way. The necessary deeds of ownership shall be
furnished and dedication shall be expressed as follows: "Street right-of-way
granted for the purposes provided for and expressed in the Land Development
Regulations of the Borough of Ogdensburg." If the development is along
one side only, 1/2 of the required extra width shall be dedicated
and the road shall be improved, including excavation, base course,
surfacing and drainage improvements in accordance with the approved
application, which may require that the improvements extend across
the centerline of the road.
4.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street name that confusion results. The continuation
of an existing street shall have the same name. The approving agency
reserves the right to approve or name streets within a proposed development.
5.
The pavement width of streets and the quality of sub-surfacing and
base materials shall adhere to the minimum standards set forth by
the County or State Engineers which said paving concerns roads under
their jurisdiction and where such standards exist. Concerning streets
under the jurisdiction of the Borough, the following standards shall
apply:
a.
All pavements are to be constructed in accordance with N.J. Highway
Specifications entitled "Standard Specifications for Road and Bridge
Construction 1961 and Amendments Thereto."
b.
A sub-base of bank-run gravel six inches thick shall be constructed
in accordance with Division 2, Section 9 of the N.J. State Highway
Department Specifications.
c.
The base course shall consist of five inches of stabilized base,
either lime fly ash aggregate or bituminous concrete.
d.
The binder course shall consist of a plant-mix bituminous concrete
having a compacted thickness of two inches. The materials and methods
of construction shall be as set forth for bituminous concrete bottom
course of Addendum A of the aforesaid N.J. State Highway Department
Specifications.
e.
The surface course shall consist of a plant-mix bituminous concrete
having a compacted thickness of 1 1/2 inches. The materials and
methods of construction shall be as set forth in Addendum A of the
aforesaid N.J. State Highway Department Specifications.
f.
The developer shall, at his own expense, have core borings made by
a certified laboratory to verify the total actual depth of all courses.
Said borings shall be at such locations as required by the Borough
Engineer and shall not exceed 6% every 3,000 square feet of paved
area, in the same proportions for smaller areas.
B.
Curbs.
Curbing, either Belgian block (for all residential developments),
granite or concrete, is required along both sides of all streets.
All curbing shall be laid in the manner approved by the Borough Engineer,
including both horizontal and vertical alignments. Depressed curb
ramps for the handicapped shall be installed at all radii in accordance
with the laws of the State of New Jersey.
C.
Sidewalks and Aprons.
1.
Sidewalks and aprons are required on both sides of all existing and
proposed streets, land shall be located as required by the Borough
Engineer with the approval of the Planning Board.
2.
Sidewalks shall be at least four feet wide and shall be four inches
to six inches thick, constructed on a subgrade properly prepared as
required by, and with the approval of, the Borough Engineer. Sidewalks
shall be set back at least three feet from the curbline.
[Ord. No. 4-10]
A.
Private Residential.
1.
No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a residence building. All private
residential pools and all buildings, structures, equipment and appurtenances
thereto shall be located in the rear yard, shall be located no closer
than 10 feet to any lot line or building, and shall occupy no more
than 50% of the rear yard in which it is located. All necessary permits,
including zoning, building and electrical permits, shall be obtained
prior to constructing or installing any pool. A property owner shall
submit a diagram and pay required permitting and inspection fees in
order to obtain the required permit for a swimming pool.
2.
Ladders and stairs, fencing and enclosures, and all electrical wiring,
illumination and ventilation shall be provided and shall conform to
the requirements of the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1.1 et seq., as may be amended from time to time.
3.
A private residential pool may be lighted by both underwater or exterior
lights, provided that all exterior lights are located so that the
light is neither directed nor reflected upon adjacent properties.
All standards used for exterior lighting shall not exceed 12 feet
in height.
B.
Public and Commercial.
1.
Public and commercial pools shall be located within an area not less
than 1,000 square feet that is devoted to the use of the pool and
for such adjacent uses as lounge chairs, shuffle board or walking
areas around the pool. All necessary permits, including zoning, building
and electrical permits, shall be obtained prior to constructing or
installing any pool. A property owner shall submit a diagram and pay
required permitting and inspection fees in order to obtain the required
permit for a swimming pool.
2.
Any public or commercial pool or separate swimming tank including
related decking, patio and other accessory uses, shall be no closer
to any property line than the setback distances prescribed for accessory
uses in the applicable zoning district as prescribed in this chapter
or 15 feet whichever is more stringent. All public and commercial
pools shall be located in the rear yard.
3.
The varying depths of the pool shall be prominently marked in the
pool as well as at the edge of the pool.
4.
The pool shall be lighted both internally and externally, but in
no case shall any light be directed in a direct or indirect fashion
upon any adjacent property. If any portion of the pool, part of the
land devoted to the use of the pool, light standard or loud speakers
are located closer to any residential building or any property line
than 15 feet, adequate buffers of trees and shrubs shall be provided
to protect against light and sound.
5.
The total land devoted to the use of the pool shall be enclosed with
a fence no less than four feet in height but no more than six feet
in height. The fence shall be equipped with a positive, self-latching
gate. Ladders and stairs, fencing and enclosures, and all electrical
wiring, illumination and ventilation shall be provided and shall conform
to the requirements of the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1.1 et seq., as may be amended from time to time.
6.
No public or commercial pool shall be constructed or installed unless
site plan approval has been obtained by the Ogdensburg Borough Planning
Board. All pools must comply with the relevant requirements of the
New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq., as
may be amended from time to time.
A.
Regarding all nonresidential developments and all planned developments,
and regarding subdivisions where public water is accessible, water
mains shall be constructed and connected to the existing public water
supply systems by the applicant, at the applicant's sole expense,
and in such a manner as to make adequate water service available to
each lot or building within the development. The entire system shall
be designed in accordance with the requirements and standards of the
local and/or State agency having approval authority and shall be subject
to their approval. The system also shall be designed with adequate
capacity and sustained pressure and in a looped system with no dead-end
lines, whenever possible.
For purposes of the chapter, section regarding subdivisions,
'accessible' shall mean that the property to be developed is no further
from an existing water main than the number of feet calculated by
multiplying the number of lots in the proposed subdivision by 200
or, in the case of subdivision in which more than 15 lots are proposed,
'accessible' shall mean that the property to be developed is within
one mile of an existing water main.
B.
Where no public water is 'accessible' to a subdivision as defined
hereinabove, water shall be furnished on an individual lot basis.
If wells are installed on each lot and the lot also contains its own
sewage disposal facilities, the wells shall be of the drilled type
with a minimum 50 feet of casing where possible or, where such minimum
footage of casing is not possible, the well shall be drilled at least
20 feet into unweathered rock. Well installation, sealing and testing
shall be in accordance with the New Jersey Standards for Construction
of Water Supply Systems in Realty Improvements (Chapter 199 of the
Public Laws of 1954), as amended, and in accordance with the guidelines
and resolution adopted by the County Board of Health. Prior to being
placed in consumer use and prior to issuance of a Certificate of Occupancy
for any building served by the well, the developer shall certify to
the County Board of Health that he/she has complied with all applicable
State, County and local regulations.
C.
Where no public water is 'accessible' to a subdivision as defined hereinabove, in addition to complying with Section 30-516B, the applicant shall deposit funds in escrow with the Borough of Ogdensburg in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to, materials, installation, taxes, appurtenances and surcharges, if any.
D.
In lieu of depositing the aforesaid escrow funds, the applicant may,
at his/her option, elect to install water main extensions in the subdivision,
even though public water may not be 'accessible' as defined hereinabove.
Within any residential district, no building with permitted
professional, office or other home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential areas such as store front types of construction,
unfinished concrete block or cinder block wall surfaces.
Where property to be subdivided is next to or includes a railroad
right-of-way, suitable provisions shall be made for such things as
railroad crossings, screening or buffer strips, freight access, warning
signals and signs in recognition of the relationship between the railroad,
the subdivision and the intended use of the land.
For the construction of the planned building groups, as defined
by this ordinance, the following requirements shall be met:
A.
A means of access for fire department apparatus shall be constructed
of a hard, all weather surface adequately designed to support the
heaviest piece of fire apparatus to be operated on the fire lane,
private street or parking lot lane.
B.
The fire lanes shall be provided as required by the Fire Subcode
Official having jurisdiction and in keeping with the following recommendations:
1.
The fire lanes shall be at least 20 feet in width, with the road
edge closest to the structure a minimum of 10 feet from the structure.
2.
Fire lanes connecting to public streets, roadways, or private streets
shall be provided with curb cuts extending at least two feet beyond
the edge of the fire lane.
3.
Chains or other barriers may be provided at the entrance to the fire
lanes or private streets, provided that they are approved by the Fire
Sub-Code Official and the Borough Engineer.
4.
The designation and maintenance of the fire lanes shall be accomplished
as specified by the Fire Subcode Official having jurisdiction.
C.
Parking lot lanes shall have minimum of a fifteen foot unobstructed
width between rows of parked vehicles for the movement of emergency
equipment.
D.
A minimum of at least 14 feet of overhead clearance shall be required
on all fire lanes, public or private streets and parking lot lanes.
E.
Landscaping, topography or other obstruction shall not be designed
around structures in a manner as to impair or impede accessibility
for fire fighting and rescue operations, as determined by the Fire
Subcode Official or Borough Engineer.
F.
All fire hydrants and proven water flow requirements shall be in
place prior to the start of any construction that utilizes combustible
materials.
Any discretionary power given to the Borough Engineer by this
chapter with respect to design standards, or otherwise, shall be subject
to the approved site plan or subdivision approval, and any related
recommendations by the Planning Board Engineer.
A.
Home Occupation Use.
1.
The proposed accessory use shall meet the requirements of the definition of Home Occupation as set forth in Section 30-200 of this chapter.
2.
No person other than a resident of the premises shall be employed
by said occupation.
3.
No retail sales shall be conducted on the premises.
4.
No machinery, equipment or operations shall cause interference with
radio or television reception or any other form of electrical disturbance
in the immediate area, nor shall the same create any noise which is
discernible beyond the limits of the property, or produce any gas,
fumes, dust, odors, air pollution, heat or movement of air.
5.
No clients or customers shall be received on a regular or scheduled
basis if the same would involve more than two clients or customers
on the premises at the same time.
6.
There shall be no signs or displays of any kind and no physical or
visual evidence of the business activity from the exterior of the
building so used.
7.
There shall be no structural changes to the interior of the dwelling
that would essentially alter the character of the structure as a single
family residence. There shall be no markings or colorations made to
the exterior that would create a significant uniqueness to the building
that would set it apart from the other buildings in the neighborhood.
[Added 3-8-2021 by Ord. No. 01-2021]
A.
No more than six fowl, as defined by § 30-201, may be kept and maintained in connection with a single-family residential use lot. This shall only be permitted in Residential Zones and for personal use only.
B.
Maintaining fowl as permitted by this Section shall be subject to
the following conditions:
1.
A zoning permit must be obtained from the Borough's Zoning Officer
for all coops and runs. All coops and runs shall not exceed an area
of 200 square feet and shall not exceed 6' in height.
2.
Notwithstanding any other provisions of this chapter, fowl shall
be housed and kept in a manner which will not constitute a public
or neighborhood nuisance. Fowl shall not be permitted to fly or run
at large.
3.
All fowl shall be housed in coops or structures that are properly
designed for such use and completely separated from any building utilized
for dwelling purposes.
4.
Coops and runs shall be restricted to the rear yard area and shall
adhere to the applicable side and rear year setbacks of 15' and 75'
to an occupied adjacent dwelling.
5.
The Zoning Officer shall approve the structures prior to their installation
with the issuance of a zoning permit.
6.
No fowl shall be kept unless they can be contained on the property
of their owner or the agent of their owner.
C.
Waste management for fowl, as defined in § 30-201, shall be subject to the following:
1.
Fowl manure may be applied to garden soil and incorporated into the
soil.
2.
Fowl manure shall not be used on the surface of any property or portions
thereof in a manner similar to that used in the laying of mulch or
topsoil.
3.
Fowl manure may be composted in such a way as to minimize any fly
and odor problems.
4.
Fowl manure may be bagged and removed from the premises.
5.
Fowl manure may not be stored, composted or applied to soil within
10 feet of the property line.
6.
There shall be no runoff of fowl manure to neighboring properties.
E.
Enforcement of this section, and penalties for violations thereof
shall be provided for as follows:
1.
All enforcement agents of the Borough shall have the authority to
enforce the provisions of this section. Such enforcement agents shall
include but not be limited to the Zoning Officer, the Health Officer
and his/her staff, the Animal Control Officer, and/or the Police Department.
2.
Penalties may include the removal of fowl from the property.
3.
Summonses for noncompliance with any provision hereof may be issued
by the appropriate enforcement officials.
4.
Penalties may be imposed by the Municipal Court Judge up to the maximum
penalty allowed by law.
Before a construction permit or Certificate of Occupancy shall
be issued for any conditional use as permitted by this chapter, application
shall be made to the Planning Board. The review by the Planning Board
of a conditional use shall include any required site plan review pursuant
to this chapter. Public notice and a hearing shall be required as
stipulated in this chapter. Conditional uses include the following:
A.
Public Utility Uses.
1.
The proposed installation in a specific location must be necessary
for the neighborhood or area in which the particular use is located.
2.
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
3.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
4.
Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
5.
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
B.
Service Stations.
1.
No service station shall be located within 500 feet of any firehouse,
school, playground, church, hospital, public building or institution.
2.
All appliances, pits, storage areas and trash facilities other than
gasoline filling pumps or air pumps shall be within a building. Gasoline
filling pumps and air pumps shall be permitted within the required
front yard space of service stations but shall be no closer than 30
feet to any existing or future street line. All lubrication, repair
or similar activities shall be performed in a fully-enclosed building
and no dismantled parts shall be displayed outside of an enclosed
building.
3.
No junked motor vehicles or part thereof shall be permitted on the
premises of any service station. Moreover, no more than six motor
vehicles (other than permitted rental vehicles, if applicable) may
be located upon any gas station premises outside of a closed or roofed
building for a period of time not to exceed seven days, and providing
that the owners of said vehicles are awaiting their repair.
4.
Landscaping shall be provided in the front yard area equal to at
least 20% of the front yard area and such landscaping shall be reasonably
distributed throughout the entire front yard area.
5.
The exterior display and parking of more than three motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station; the rental of up to three motor vehicles
shall be permitted.
6.
Service stations shall provide at least 10 off-street parking spaces
for the first lift, wheel alignment pit or similar work area; five
additional spaces for a second work area; and an additional three
spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities. No parking shall be permitted
on unpaved areas.
7.
Service stations may be permitted one free-standing sign and one
sign attached flat against the building. The free-standing sign shall
not exceed an area of 20 square feet and shall be set back at least
20 feet from all street right-of-way and lot lines. The attached sign
shall not exceed 30 square feet in area.
8.
All of the other area, yard, and general requirements of the respective
zone and other applicable requirements of this chapter must be met.
C.
Adult Uses.
1.
Purpose These regulations are adopted in furtherance of all of the
public purposes of municipal zoning and planning, including, but not
limited to, guiding the appropriate use and development of the Borough
of Ogdensburg in a manner which will promote the public health, safety,
morals and general welfare, and in order to meet the needs of citizens
of the Borough of Ogdensburg and of the State of New Jersey, while
maintaining the quality and character of the Borough of Ogdensburg
and deterring the growth and spread of blight and crime (especially
prostitution, sexual offenses, public indecency, and related offenses).
It is recognized that there are some uses commonly known as "adult"
uses which, because of their very nature, are recognized as having
serious objectionable operational characteristics, particularly when
such uses are located near residential areas or in other inappropriate
locations, or without sufficient showing that such uses in a specified
location will comply with the conditions and standards for the location
and operation of such uses. Therefore, special regulations of these
objectionable "adult" uses are deemed necessary to ensure that adverse
effects will not contribute to the blighting or downgrading of the
Borough of Ogdensburg regulates any or all of the adult uses described
herein or prohibits or allow them in the various zoning districts,
to be construed as approval of, or condoning of such uses.
2.
ADULT BOOKSTORE
ADULT MINI MOTION PICTURE/LIVE ENTERTAINMENT THEATER
ADULT USES
SPECIFIED ANATOMICAL AREAS
Definitions.
An establishment from where minors are excluded, having a
substantial or significant portion of its stock in trade, books, magazines,
other periodicals, films, or other viewing material which are distinguished
or characterized by their emphasis on matters depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas," as defined herein, or an establishment in which a segment
or section of the premises is devoted to the sale, rental, display
or viewing of such material.
An enclosed building with a capacity of less than 50 persons,
from which minors are excluded, used for presenting material, films,
movies, video or live shows distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specific sexual activities"
or "specified anatomical areas" as defined herein, for observation
by patrons therein. This definition shall also apply to an enclosed
building which contains any number of individual viewing booths not
in excess of the maximum permitted by this chapter in which a person
may privately or individually view materials, films, movies, videos
or live shows distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas," as defined herein.
Adult bookstores or adult mini motion picture/live entertainment
theatre, as defined herein.
(1) Less than completely and opaquely covered human genitals,
pubic region, buttocks and/or female breasts below a point immediately
above the top of the areola, or (2) human male genitals in a discernibly
turgid state, even if completely or opaquely covered.
3.
No permitted adult use shall be located within 250 feet of any residential
district; within 250 feet of any existing church, synagogue, or other
place of worship within 250 feet of any religious, charitable or nonprofit
institution, or any public or private school, nursery, child care
center, public community center, park, playground, recreation center,
or similar use; or within 250 feet of any premises licensed for the
sale or distribution of alcoholic beverages. The foregoing distance
limitations shall be measured by a straight line drawn from the nearest
point of the lot boundary on which the proposed adult use is to be
located to the nearest point of the lot or district boundary, as the
case may be, of the other use or district and such uses, district
boundary lines and dimensions shall be indicated on the submitted
site plan.
4.
No permitted adult use shall be located within 250 feet of any existing
residential use in the Borough of Ogdensburg or in any contiguous
municipality, nor within 250 feet of any residential zone in any contiguous
municipality.
5.
Adult uses must be located in a free standing building which will
include a buffer zone to separate it from family oriented businesses.
6.
Adult uses in buildings having a capacity of 50 or more persons are
prohibited.
7.
Off-street parking shall be provided at the ratio of one space per
every 200 square feet of gross floor area or portion thereof. In addition,
one parking space is required for each viewing theater of from one
to three occupants and one parking space for each additional three
occupants or part thereof. Provided, that at least 10 parking spaces
shall be provided in any case.
8.
Signs shall meet the requirements specified for retail commercial
activities in the district where the conditional use is permitted;
additionally, no "specified anatomical areas" or "specified sexual
activity" shall be shown, described or depicted on any signs, advertisements,
displays or exhibits that are visible from outside the building.
9.
The interior of the adult use building shall be designed so that
no interior contents of the building are visible at any time from
the outside through windows, door openings or in any other manner.
10.
The interior of any building in which an adult use is located shall
be adequately lighted and shall be constructed so that every portion
thereof is readily visible without obstruction to the clerk or other
person in charge of the building from the counter, booth, cash register,
or other place where such person is normally stationed.
11.
All other applicable requirements of the district in which the conditional
use is permitted and of the Land Development Regulations of the Borough
of Ogdensburg shall be met.
12.
All such uses must be licensed as may be required in the Code of
the Borough of Ogdensburg.
13.
Hours of operation shall not be earlier than 9:00 a.m. nor later
than 12:00 midnight, prevailing time, on weekdays and Saturday. All
premises shall be closed on Sundays.
D.
Churches, Parish Halls/Rectories.
1.
For purposes of this chapter, churches shall include commonly known,
recognized and long-established sects or denominations.
2.
Churches, parish halls shall meet the area and yard requirements set forth in Section 30-400 of this chapter for the respective zone.
3.
Traffic movement generated by a church use shall not have a negative
or adverse impact on adjoining and nearby properties.
4.
The architectural design of the church shall be of a similar scale
and character of surrounding land uses.
5.
The site plan shall include adequate landscaping in order to protect
surrounding residential properties from the effect of light and noise
generated by the use of the subject site for a church.
E.
Community Residences For the Developmentally Disabled and/or Community
Shelters For Victims of Domestic Violence.
1.
Any community residence for the developmentally disabled or community
shelter for victims of domestic violence that house more than six
persons, excluding resident staff, shall require a "Conditional Use"
permit for the use of a dwelling unit for such shelter or residence,
including the conversion of a dwelling for such use.
2.
In no case shall more than 15 persons, excluding resident staff,
occupy any community residence or community shelter.
3.
The minimum area and yard requirements applicable to the particular
zoning district shall each be increased by 16.67% for each person
housed in the community residence or community shelter over and above
six persons, excluding resident staff.
4.
No community residence for the developmentally disabled or community
shelter for victims of domestic violence occupied by more than six
persons shall be located within 1,500 feet of an existing community
residence or community shelter.
5.
A "Conditional Use" permit shall not be granted if the total number
of persons, other than resident staff, residing at such community
residences or community shelters exceeds 50 person or 0.5% of the
population of the Borough, whichever is greater.
6.
The residential character of the lot and buildings shall not be changed
and there shall be no exterior evidence of the community residence
or community shelter. No signs shall be permitted except information
and direction signs as permitted for single-family detached dwellings.
7.
The following design requirements shall be incorporated within the
submitted plan:
a.
Each community residence or community shelter shall be connected
to public water and sewer facilities;
b.
Community residences or community shelters shall have immediate access
to public transportation services or, in the alternative, provide
occupants with a van or equivalent transportation service.
F.
Agricultural.
1.
The minimum area of the agricultural tract must be six acres used
for gain in the raising of agricultural crops.
2.
The conditional use may include buildings for the housing of agricultural
equipment, produce, or for the incidental or customary processing
of agricultural products raised on the premises.
3.
Any buildings shall conform to the setback and yard requirements
of the zone in which the conditional use is located.
G.
Office, Commercial and Retail.
1.
The property must front on County Route 517.
2.
If the proposed development is for vacant land, the minimum bulk
requirements shall be:
|
Lot Area
|
20,000 square feet
|
|
Frontage
|
150 feet
|
|
Lot Width
|
150 feet
|
|
Lot Depth
|
150 feet
|
|
Front Yard
|
20 feet
|
|
Side Yard
|
15 feet (each)
|
3.
If the proposed development is for conversion of an existing structure
or for a preexisting lot under single ownership prior to the enactment
of this chapter, the bulk requirements referred to above need not
be met, however, the conditional use shall not be permitted on a lot
smaller than 3,750 square feet or having less than 50 feet of frontage
on County Route 517.
4.
Submission of a plan showing adequate treatment and disposal of sewerage.
5.
Submission of a traffic circulation plan showing adequate traffic
safety, proper circulation and adequate parking as required by ordinance.
6.
Site plan approval is mandatory.
7.
Any change of use requires site plan approval and re-submission of
a traffic circulation plan.
8.
Buffering is required on all property lines adjacent to all residential
properties.
9.
Thirty feet maximum building height.
H.
Professional Office.
1.
All required parking areas shall be clearly designated and paved
or graveled.
2.
The parking areas shall not exceed 400 square feet, and unless an
extension of an existing drive, shall not be located on the front
yard area.
3.
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
4.
The proposed conditional use must meet the requirements of the definition
of Professional Office as set forth in this chapter.
5.
If the Professional Office is to be used in a residential dwelling,
the professional person shall be a resident of the premises.
6.
A Professional Office located in a residential dwelling may be located
only on the main floor or in the basement area.
7.
No more than 500 square feet of the main floor area or 50% of the
main floor area, whichever is less, shall be devoted to a Professional
Office use in a residential dwelling.
8.
No more than one person not a resident in the dwelling shall be employed
in the Professional Office.
9.
In addition to off-street parking required for residential dwellings,
there shall be provided at least one off-street parking space for
each 250 square feet (or part thereof) of floor area devoted to the
Professional Office use.
10.
Off-street parking areas shall be located at least five feet from
a building, 10 feet from any adjoining property lines, 10 feet from
any street right-of-way line, and 25 feet from the point of intersection
of any two street right-of-way lines.
11.
There shall be no outdoor storage or display of any kind in connection
with said use.
12.
Only one sign shall be permitted, being a nameplate sign, situated
between the property lines. Said sign shall not exceed 72 square inches
in total area and shall bear only the name and professional designation
of the professional occupant.
13.
The property must front on County Route 517.
I.
Limited Industrial/Commercial Parks.
1.
The minimum tract size shall be 10 acres.
2.
Streets and roads shall be privately owned and maintained by a Property
Owner's Association, to which all lot owners must belong. Private
road width shall be a minimum of 24 feet and shall be curbed and without
shoulders. The main access road for the park may exceed 600 feet in
length and still end in a cul-de-sac, provided said cul-de-sac allows
a fifty foot or greater radius for vehicle turn around, and has a
mountable curb.
3.
Individual lots within the park shall meet the following requirements:
a.
Minimum lot size: 1.5 acres.
(minimum lot area shall not include private street or road area)
b.
Minimum lot frontage (on internal private roads) — 150 feet.
c.
Side Yards: 15 feet.
d.
Rear Yard: 50 feet.
e.
Front Yard: 50 feet.
f.
Lot Coverage (all impervious surfaces): 75%.
g.
Buffering: 30 feet to all residential properties and 10 feet to all
other properties not within the park. Minimum buffer height —
six feet at planting.
h.
Parking — as permitted or required for individual uses where
same are designated as permitted uses. No on-street parking shall
be permitted on the park's internal roads.
4.
The signage within the park shall meet the following requirements:
a.
One free-standing sign shall be allowed in the vicinity of the entrance
access of the private park Said sign shall not exceed 64 square feet
and may provide for a changeable menu to identify individual uses
within the park.
b.
Each individual lot or use may have one free-standing or attached
sign not to exceed 32 square feet.
c.
All free-standing signs shall set back a minimum of 25 feet from
the front lot line.
5.
Miscellaneous Criteria.
b.
Access drives of individual uses within the park which are opposite
of each other shall either face each other in alignment or be offset
by a minimum of 75 feet.
d.
No streets or roads shall have a grade greater than 8%.
e.
Minimum building size shall be 2,500 square feet.
f.
The development of each individual lot shall require a separate site
plan.
g.
All utilities required to service all lots within a park shall be
required as a part of subdivision approval and shall be installed
prior to, or as a part of, site plan for the first lot developed.
h.
Prior to or as a part of site plan approval for the first lot developed,
the applicant shall provide evidence of the establishment of the required
Property Owners' Association.
J.
Wireless Telecommunications Towers, Equipment and Facilities Conditional
Use Requirements.
1.
Location Criteria.
a.
Location Priorities - Locations are enumerated below in the order
of the location priority.
(1)
Completely concealed in existing lawful structures in nonresidential
zones.
(2)
In or upon existing municipally owned land of five acres or
more or municipally owned structures wherever located not exceeding
the zone height restriction or the existing municipal structure by
10% or 25 feet, whichever is greater.
(3)
Within or upon existing structures in the BC, IC, LIC and PC
zones provided stealth technology is used and structures are within
the zone height limitations and shall not occupy more than 25% of
any roof area.
(4)
Constructing new towers or replacing existing towers in nonresidential
zones.
b.
Stealth technology must be used in all installations and monopoles
for all new towers to reduce visual impact.
c.
Point-to-point microwave antennae on the mast of towers are prohibited
and land lines must be used.
d.
Residential areas and uses are to be protected from the actual or
any adverse impacts of wireless telecommunications towers, antennas
and facilities.
e.
To minimize the height and visual negative impact of towers throughout
the community, owners and users of towers, antennas and related facilities
are required to construct and configure these structures in such a
way as to minimize any adverse visual impact of towers and antennas
through careful design, siting, landscape screening and innovative
stealth camouflage techniques.
2.
Telecommunications towers, equipment and facilities are permitted
conditional uses, subject to the following conditions.
a.
Zoning. Telecommunications towers and antennae as described below
are limited to the BC, IC, LIC and PC zones, except for facilities
on municipal structures and stealth towers on municipal land of five
acres or greater as authorized by the Governing Body.
b.
Site Location Analysis. Every application for a telecommunication
tower or antennae shall include a site location alternative analysis,
including an analysis of the location priorities set forth in paragraph
J,1, describing the locations of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(1)
How the proposed location of the wireless telecommunication
tower or antennae relates to the objective of providing full wireless
communication services within the Ogdensburg area at the time full
service is provided by the applicant and by other providers of wireless
telecommunications services within the Ogdensburg area.
(2)
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennae
or towers within and near the Ogdensburg area.
(3)
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennae
or towers within and near the Ogdensburg area by the applicant, and
by other providers of wireless telecommunications services within
the Ogdensburg area.
(4)
How the proposed location of the wireless telecommunications
tower/facility relates to the objective and goal of maintaining concealed
or reduced tower height with groups of towers within close proximity
to one another rather than isolated, taller towers with many users
at greater tower heights at random locations throughout the Borough.
c.
Existing Structures.
(1)
Nonmunicipal Structures. Towers or antennae meeting the zone requirements are permitted in all BC, IC, LIC and PC zones provided they are concealed in existing lawful structures or constructed as stealth tower structures as defined in Section 30-200, while meeting the height limitation requirements of the zone.
(2)
Municipal Structures. Existing municipally-owned utility structures,
such as water tanks, and municipally- owned towers located in any
zone may be used for the installation of antennae to service the wireless
telecommunications industry, provided:
(a)
That the antenna does not increase the structure
by 20% or 25 feet, whichever is greater, or otherwise less than the
permitted height in the zone.
(b)
A license or lease authorizing such antenna or
tower has been approved by the Borough of Ogdensburg. However, the
Borough may, as a condition of such lease, require site plan approval.
The decision to extend such licenses or leases to an applicant shall
be vested solely with the municipality, which shall not be governed
by this chapter. The Borough of Ogdensburg in its absolute discretion
reserves the express right to deny all users of its property for antenna
or towers.
(3)
Towers or antennae may also be located on power transmission
line systems such as pylons provided they satisfy the stealth requirements
and either (a) meet the zone height limitations; or (b) do not exceed
the structure height by 10% or 25 feet, whichever is greater.
d.
New Wireless Free-Standing Telecommunications Towers, Equipment and
Facilities.
For towers which do not satisfy criteria of paragraphs J,2,c(1),
(2) or (3) above.
(1)
Lot Size - Five acre minimum.
(2)
Maximum Tower Height - For towers not meeting the requirements
of paragraphs c, 1 above, 100 feet or 25 feet above the mean tree
canopy, whichever is less. Mean tree canopy shall be derived from
marking all trees 12 inches in diameter or greater measured 4.5 feet
above grade within a two acre area surrounding the tower site. The
height of the trees shall be calculated by a professional licensed
surveyor in the State of New Jersey. Absence of a suitable stand of
trees for concealment renders the site unacceptable. No tower shall
have a height or location which would require Federal Aviation Administration
lighting. Lightning rods are excluded from towers or antennae height
calculations.
(3)
Setback distances - For safety reasons concerning tower fall
zones and further to insure that appropriate setbacks exist, a telecommunications
tower and related facilities must be set back 300 feet as measured
from the base footprint of the tower or facility to any structure,
lot line or parking lot, or similar area where people congregate at
any given time. For example, a tower must be set back at least 300
feet as measured from its base from any adjacent lot, sports field,
or ball field, playground, parking lot, picnic area, building, home,
etc.
(4)
Tower locations shall comply with any buffering required for
lots adjacent to residential zones or uses.
(5)
Visual Compatibility Requirements and Construction Details for
the Installation of Wireless Telecommunications Towers. Monopole tower
construction shall be used in all new tower construction. Additionally,
applicants are required to use the latest stealth or camouflaging
techniques to make the tower appear to be a tree of native species
and to blend in with surrounding trees. All towers shall be fitted
with anticlimbing devices.
e.
Telecommunications Tower Permitted Accessory Structures or Uses.
(1)
Accessory Equipment Sheds.
(a)
Maximum height: 20 feet.
(b)
Maximum area: 1,500 square feet.
(c)
Fencing - All equipment sheds shall be located
immediately adjacent to the tower it services. All equipment sheds
and tower bases shall be enclosed with a solid wood fence of at least
seven feet in height, but no higher than eight feet unless otherwise
approved by the Borough Engineer. All fences shall include a locking
security gate and a copy of the key to this gate shall be supplied
to the Borough.
f.
General Conditions Applying to All Towers and Antennas.
(1)
Noise Levels. All noise generated by a tower and/or equipment
shed shall meet the minimum standards contained in all State, Federal
or local noise regulations.
(2)
Co-Location Conditions and Limitations. Any new tower or reconstructed
tower approvals shall allow the future co-location as set forth in
this section. Co-location by two or more telecommunications providers
shall be permitted on one tower provided that by co-locating, all
conditions of this chapter are satisfied.
(a)
In the event a proposed tower for an existing or
future co-location cannot be constructed within the permitted limitations,
then such co-location is prohibited and instead, an alternate site
or method shall be used but if unavailable, then a second tower to
comply with the height limitations shall be constructed.
(b)
No tower may be designed or built to co-locate
with another telecommunications provider at a height greater than
the maximum permitted by this chapter.
(c)
In the event any co-location is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower to other potential users at prevailing market rates and
conditions. The letter of commitment shall be recorded prior to the
issuance of a building permit and shall be finding upon the tower
owner, property owner and successors in interest.
(3)
Annual Report. Upon the issuance of a building permit for a
wireless telecommunications tower site, the owner or operator of the
site shall provide to the Borough Engineer, Borough Planner and Borough
Zoning Officer, an initial report signed and sealed by a licensed
professional engineer, certifying the estimated useful structural
life of the tower as well as providing an initial inventory of all
equipment and antennae on the site. After 50% of the useful structural
life has lapsed, annual re-certification reports as to the structural
integrity of the tower shall be required. An updated report shall
also be provided whenever antenna arrays are modified and shall include
a detail listing of all antennae and equipment. All vendors and lessees
shall also be required to notify the above Ogdensburg officials when
the use of such antennae or equipment is discontinued. If any of the
reports disclose that a condition of any tower presents an imminent
hazard to the public health, safety or welfare, or that the tower
antennas and equipment are no longer in use, the Borough Engineer
or Zoning Officer shall order the owner of the tower or site upon
which it is located, to take appropriate corrective action including,
if necessary, the removal of the tower to protect the public health,
safety and welfare. Wireless telecommunications towers and sites shall
be maintained to insure continued structure integrity. The owner of
the tower shall also perform such other maintenance of the structure
and of the site so as to assure that it does not create a visual nuisance.
(4)
Abandonment and Removal. Any antenna or tower that is not operated
for a continuous period of six months shall be considered abandoned
and the owner of such antenna or tower shall remove the same within
90 days of receipt of notice from the Borough of Ogdensburg notifying
the owner of such abandonment. Towers that are rendered obsolete or
outdated by advances in technology shall be removed or modified. Failure
to remove an obsolete, outdated or abandoned antenna or tower within
said 90 days shall be grounds for the Borough to require removal of
the tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower or same is deemed obsolete or
outdated by the Borough. The Borough may condition the issuance of
any permit to construct a tower or antenna on the posting of an appropriate
performance bond or other suitable guarantee in a face amount of not
less than 120% of the cost to remove the tower and restore the property
as determined by the Borough Engineer for such construction as required
under all applicable Borough ordinances.
(5)
Signs Prohibited. No signs shall be permitted on either the
tower or equipment building, except for those signs required by law
or containing such information as owner contact information, warnings,
equipment information and safety instructions. These signs shall not
exceed two square feet in total area. Absolutely no commercial advertising
shall be permitted on any wireless telecommunications tower or equipment
building.
(6)
Lighting. No lighting is permitted except as follows:
(a)
The equipment building and compound may have security
and safety lighting at the entrance, provided the lighting is attached
to the facility, is focused downward and is wired with a timing device
and/or sensor so that the light is turned off when not needed for
safety or security purposes.
(b)
No lighting is permitted on the wireless telecommunications
tower.
(7)
Multiple towers and uses. Any prohibition contained in any ordinance
restricting the number of principal uses per lot shall not apply to
the construction of wireless telecommunications towers and facilities
when the conditions contained in this chapter are met. The minimum
setback distance between structures shall not apply to PCs ("Personal
Communications Systems") providers and those providers who are licensed
to transmit within the 800 MHz frequency band.
(8)
Site Plan Approval. Site plan approval shall be required for
any wireless telecommunications tower, equipment or facilities, except
as may be exempted in this chapter of the Land Use Regulations of
the Borough of Ogdensburg.
(9)
Additional Municipal Experts. The Land Use Board reserves the
right to retain, at the applicant's expense, any technical consultants
as it deems necessary to provide assistance in the review of site
location alternatives analysis and specifications. By submitting an
application for a telecommunications tower or facility, the applicant
is deemed to have consented to this procedure.
A.
Exceptions to Height.
Any portion of the roof structure above that which is used in
measuring the height of a building as defined in this chapter, as
well as penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans, air conditioning equipment or
similar equipment required to operate and maintain the building and
fire or parapet walls, skylight, tower, spires, steeples, flagpoles,
chimneys, smokestacks, monuments, water tanks, silos, or similar structures
may be erected above the height limits prescribed by this chapter,
but in no case more than 25% more than the maximum height permitted
in the district except water tower and radio and television towers
shall have no height restrictions and except further that all such
facilities shall comply with any requirements of the Federal Aviation
Agency. In addition to the foregoing, any height limitations set forth
in this chapter shall not apply to Borough water structures.
B.
Exception to Area Requirements.
Whenever title to two or more contiguous lots is held by the
same owner regardless of whether or not each of said lots may have
been approved as portions of a major subdivision, or acquired by separate
conveyance or by other operations of law, and one or more of said
individual lots should, by reason of exceptional narrowness, shallowness,
topographical conditions, substandard area of yard space, not conform
with the minimum lot area and dimension requirements for the zone
in which it is located, the contiguous lots of said owner for the
purposes of this chapter, shall be considered as a single lot and
the provisions of this chapter shall hold. Whenever land has been
dedicated or conveyed to the Borough by a lot owner to meet the minimum
street width requirements of the Land Subdivision Regulations or to
implement the Official Map or Master Plan of the Borough, the Building
Inspector shall issue building and occupancy permits for the lot whose
depth and/or areas are rendered substandard in area only because of
such dedication and where the owner has no other adjacent lands to
provide the minimum requirements.
C.
Corner Lots.
Where a building is situated on a corner lot, in no case shall
the building be closer than 20 feet to the curbline. Should the prevailing
front yard setback of existing buildings along the street serving
as a side yard of the corner lot be less than 20 feet, the building
on the corner lot shall be set back at least 20 feet from the street
serving as the side yard and the other side yard may be reduced to
feet. On a corner lot the front yard shall be the yard between the
front elevation of the building and the road which it faces. If the
front elevation of the building is not parallel to either road, then
both yards adjoining the road shall be considered front yards, for
the purpose of meeting the front, side and rear yard requirements
of this chapter, regardless of which way the building faces.
D.
Exceptions to Side Yard Requirements.
Undersized lots where Section 30-507 is not applicable may be permitted a reduction in the side yard requirements in the same proportion as the width of the existing lot is to the minimum requirements of this chapter. However, in no case shall any side yard be less than 10 feet.
E.
Parking of Commercial Vehicles in Residential Zones.
One registered commercial vehicle of a rated capacity not exceeding
one ton on four wheels, owned or used by a resident of the premises,
shall be permitted to a regularly parked or garaged on a lot in any
residential district, provided that said vehicle is parked in a side
or rear yard area, which area is relatively unexposed to neighboring
properties and is screened from neighboring properties by plantings
at least five feet in height. For purposes of this chapter, a commercial
vehicle is a bus and/or vehicle containing advertising matter or not
said vehicle is registered as a commercial vehicle with the New Jersey
State Motor Vehicle Commission. The foregoing restriction shall apply
to registered or unregistered construction equipment, except that
this provision shall not be deemed to limit construction equipment
which is used on the site for construction purposes.
F.
Public Election Voting Places.
The provisions of this chapter shall not be construed as to
interfere with the temporary use of any property as a voting place
in connection with a municipal or other public election.
G.
Public Utility Lines. Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications, and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot nor shall this chapter be interpreted as to prohibit the
use of a property in any zone for the above uses.
A.
For the purposes of this chapter, the term "satellite dish antennas"
are any apparatus or structure constructed or installed out-of-doors
with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennas.
B.
Installation or construction of satellite dish antennas shall be
subject to the following minimum requirements:
1.
A satellite dish antenna shall function only as a receiving station
and not as a transmitting station.
2.
A satellite dish antenna shall not be placed on any lot which does
not contain a permitted principal structure.
3.
A satellite dish antenna may be roof-mounted or may be installed
on the ground. If roof-mounted, the satellite dish antenna shall not
exceed 40 inches in diameter, shall not extend more than four feet
above the roof line where mounted, and shall be located toward the
rear of the structure away from the street line. If mounted on the
ground, the satellite dish antennae shall not exceed 12 feet in diameter,
shall not extend more than 15 feet above the ground level, and shall
be located in the rear yard areas only. Moreover, each ground-mounted
satellite dish antenna shall be set back a distance equivalent to
the diameter of the dish antennae or the setback requirements specified
for accessory structures in the zone in which the antenna is located,
whichever distance is greater.
4.
A ground-mounted satellite dish antennae shall be effectively screened
with non-deciduous plantings from adjacent properties.
5.
Unless impracticable, all satellite dish antennas shall be of the
aluminum mesh type and shall blend with the immediate surrounding
area, including the color of the roof if roof-mounted.
6.
No lot shall have more than one satellite dish antenna. Wires and
cables running between the ground mounted antennae and any structure
shall be properly installed underground in accordance with the Uniform
Construction Code. Additionally, the installation of the satellite
dish antennae shall meet all local, State and Federal requirement,
including those contained in the Uniform Construction Code.
7.
Portable mounted satellite dish antennas are prohibited.
8.
Satellite dish antennas shall be installed or constructed in a manner
so as not to interfere with television, radio or similar reception
in adjacent and nearby areas and shall meet all State and Federal
requirements.
9.
Applications for installation or construction of satellite dish antennas
on lots containing one family or two family dwellings shall be subject
to review and approval by the Zoning Officer and a construction permit
shall be required. All other satellite dish antennae shall require
minor site plan approval by the Planning Board prior to the issuance
of a construction permit.
A.
Basis for Establishing Flood Plain Areas.
The mapping of flood plain areas within the Borough of Ogdensburg
is indicated on the map entitled "Existing Land Use" and sub-designated
"Flood Hazard Zone" which is part of the municipality's "Existing
Master Plan." As noted on the map, the basis for the delineation of
flood plain areas was the approximate boundaries established by the
Department of Housing and Urban Development on the federal insurance
anticipated "Flood Hazard Boundaries Map for Ogdensburg Borough."
However, it is recognized that more flood plain areas may exist in
the Borough than those already mapped. Moreover, the State Department
of Environmental Protection, Division of Water Resources, in accordance
with the Flood Hazard Control Act (N.J.S.A. 58-16A-50 et seq.), has
adopted N.J.A.C. 7:13 and will be mapping the "Flood Hazard Areas"
in Ogdensburg. The Department of Environmental Protection mapping
shall take precedence when completed.
NOTE: The Borough adopted N.J.A.C. 7:13 on November 5, 2007,
amended June 20, 2016; and FEMA Flood Map for the Borough of Ogdensburg
dated September 29, 2011.
Additionally, while information depicted on the Flood Hazard
Areas map has been prepared as accurately as possible; nevertheless,
it must be understood that detailed information mapped at such a large
scale may not represent the actual conditions on any particular parcel
of land. Therefore, the information is not intended to take the place
of specific on-site engineering data presented to the Borough at the
time applications are submitted for approval of a subdivision, site
plan, construction permit, and/or any other application which considers
the flood plain information depicted on the map.
B.
Regulations for Flood Plain Areas.
1.
Purpose.
The purpose of these regulations is to permit only that development
of flood prone areas within Ogdensburg Borough which 1) is appropriate
in light of the probability of flood damage and the need to reduce
flood losses, 2) represents an acceptable social and economic use
of the land in relation to the hazards involved, 3) does not increase
the danger to human, plant or animal life, 4) provides that no decreases
in the amount of available storage for floodwaters within the flood
plain results from any development; and conversely, to discourage
all other development. These regulations are created in recognition
of the increased threat, severity, and frequency of floods expected
to result from areas adjacent to streams and rivers free from structures
and other obstructions to the water flow during the periodic rises
in the water level.
These regulations are intended to protect floodplains so that
flood water may have a natural course to follow; that the water course
is not constricted or altered in a manner that will increase water
velocities or create a dam; that the water level may rise without
danger to persons, animals or property; and the water level may rise
and cover larger land surfaces for the purposes of greater water percolation
and recharging of the underground water supply.
2.
Definitions.
a.
APPEAL - A request for the review of the Borough Engineer's interpretation
of any provision of this section of the chapter or a request for a
variance from the Planning Board.
b.
CHANNEL - The bed and banks of the watercourses located within the
boundaries of the Borough of Ogdensburg which convey the normal flow
of said water courses most of the time.
c.
DESIGN FLOOD PROFILE - The elevations of the water surface of the
floodway design flood and the flood hazard area design flood.
d.
DEVELOPMENT - Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the flood hazard area.
e.
FLOOD ELEVATION DETERMINATION - A determination of the water surface
elevations of the design flood, i.e., the flood level that has a 1%
or greater chance of occurrence in any given year.
f.
FLOOD FRINGE AREA - The portion of the flood hazard area not designated
as the floodway.
g.
FLOOD HAZARD AREA - The floodway and the flood fringe area of a delineated
stream.
h.
FLOOD HAZARD AREA DESIGN FLOOD - The 100-year storm in non-delineated
areas and the 100-year storm plus 25% in delineated areas.
j.
FLOOD PLAIN - The relatively flat area adjoining the channel of a
natural stream which has been or may be hereafter covered by flood
water.
k.
FLOOD PLAIN MANAGEMENT REGULATIONS - State or local regulations,
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
l.
FLOODWAY - The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the flood water or flood flow of any natural stream.
m.
HABITABLE FLOOR - For flood plain management purposes, any floor,
including the basement, useable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not a "habitable
floor."
n.
NEW CONSTRUCTION - Structures for which the start of construction
commenced on or after the effective date of this chapter.
o.
STRUCTURE - For flood plain management purposes, a walled or roofed
building, including a gas or liquid storage tank, that is principally
above ground. For insurance purposes, "structure" means a walled and
roofed building, other than a gas or liquid storage tank, that is
principally above ground and affixed to a permanent site. For the
latter purpose, the term includes a building while in the course of
construction, alteration or repair but does not include building materials
or supplies intended for use in such construction, alteration or repair,
unless such material or supplies are within an enclosed building on
the premises.
p.
SUBSTANTIAL IMPROVEMENTS - Any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure either:
(1)
Before the improvement or repair is started; or,
(2)
If the structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, floor or other structural part of the floor commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(a)
Any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
which is solely necessary to assure safe living conditions; or,
(b)
Any alteration of a structure listed on the National
Historic Register of Historic Places or the State Inventory of Historic
Places.
q.
VARIANCE - A grant of relief by the Planning Board from the requirements
of this section permitting construction in a manner otherwise prohibited
by this section of the chapter because the literal enforcement would
result in unnecessary hardship.
C.
Site Plan Review.
All proposals for any development within a flood plain area shall require site plan approval by the Planning Board in accordance with Section 30-800 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, the requirement for site plan approval may be waived by the Planning Board upon written recommendation from the Planning Board Engineer. In any case, all other requirements of this section of this chapter shall apply.
Fees shall be as provided for site plans in Section 30-900 of this chapter and public notice of public hearings shall be given as stipulated for site plans in Section 30-706D of this chapter, the following additional information shall be provided.
1.
Proposed finished grade elevations at the corners of any structure
or structures.
2.
The extent of proposed or previous filling, cutting or regarding
of the land, if any.
3.
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment trap head walls and aprons.
4.
Proof of stream encroachment lines (floodway) obtained from the State
Department of Environmental Protection. Should this information not
be available through the Department of Environmental Protection, it
is required that the applicant submit a floodway delineation for the
reach of the stream involved with all required engineering data to
the Borough Engineer for review and approval.
5.
The applicant should be prepared to present evidence that the proposal:
a.
Has an inherent low flood damage potential.
b.
Either acting alone or in combination with the existing or future
uses will not obstruct flood flows or increase flood heights and/or
velocities or reduce ground absorption or storage volume of storm
water.
c.
Does not affect adversely the water carrying or storage capacity
of the channel, floodway or flood fringe areas.
d.
Does not increase local run-off and erosion and provides proper drainage
of the area to an existing adequate water course or drainage system.
e.
Does not unduly stress or degrade the natural environment of the
flood plain or degrade the quality of surface water or the quality
or quantity of ground waters.
f.
Does not require channel notification or relocation.
g.
Is set forth in this chapter as a permitted use.
h.
Is not a prohibited use in that portion of the flood plain where
proposed to be located.
6.
Where required by the Planning Board, the applicant shall furnish
information relating to subsurface conditions based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer and shall be in accordance
with acceptable engineering standards and practices. Written notification
of intention to conduct such tests shall be forwarded to and received
by the Borough Engineer at least two working days prior to testing.
A detailed report of the test shall be submitted to the Planning Board
and the Borough Engineer for review.
D.
Uses in Floodways and Flood Fringe Areas.
1.
Prohibited Uses.
No person shall hereafter engage in, cause or permit other persons
to engage in prohibited uses within a delineated flood plain. The
following uses shall be prohibited:
a.
Placing, depositing or dumping any vehicles, solid waste, garbage,
refuse, trash, rubbish or debris.
b.
Dumping or discharging untreated domestic sewerage or industrial
waste, either solid or liquid.
c.
Storage or disposal of pesticides.
d.
Storage or processing of materials that are in time of flooding buoyant,
flammable or explosive.
e.
The storage or processing of hazardous materials that could be injurious
in time of flooding to human, animal or plant life.
2.
Permitted Uses in Floodways.
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless a technical evaluation demonstrates that encroachment
shall not result in any increase in flood lands during the occurrence
of a flood having a 1% chance of being equaled or exceeded in any
given year.
Channel improvements or changes may be permitted only in connection
with stream improvements and stabilization, which improvements or
changes have the approval of the State Department of Environmental
Protection, the Sussex County Planning Board and the Borough of Ogdensburg
Planning Board. The accepted practices of soil husbandry and farming
as well as recreational uses in the nature of parks, wildlife preserves,
play yards, picnic areas, golf courses and boat landings shall be
permitted. Material, equipment or vehicles related to and used in
conjunction with a permitted use shall not be parked or stored in
the floodway area.
3.
Permitted Uses in the Flood Fringe Areas.
Within any flood fringe area, the accepted practices of soil
husbandry and farming as well as restricted uses in the nature of
parks, wildlife preserves and undeveloped common open space shall
be permitted provided site plan approval is acquired from the Borough.
Additionally, detached dwellings and related development may be constructed
on lands within the flood fringe area provided that the lowest habitable
floor is at a minimum of one foot above the flood hazard design elevation
and provided further that:
E.
Conditions of Approval.
The Planning Board may impose such conditions on permitted uses
as it deems appropriate in order to promote the public safety, health
and welfare to protect public and private property, wildlife and fisheries
and to preserve and enhance the natural environment of the flood plain.
No Certificate of Occupancy shall be issued unless all conditions
of approval have been complied with. In all flood hazard areas, the
following conditions are specified in any case.
1.
All new construction and substantial improvement shall be constructed
with materials and utility equipment resistant to flood damage.
2.
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
3.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
4.
All new and replacement sanitary sewerage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and discharges from the system into the floodwaters.
5.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
6.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
7.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
8.
All subdivision proposals shall have public utilities and facilities
such as water, gas, electrical and water systems located and constructed
to minimize flood damage.
9.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
10.
Appropriate and adequate controls on operations, sureties, deed restrictions
and maintenance bonds shall be provided, as applicable, for review
and approval by the Planning Board Attorney.
11.
The construction of storm water detention and/or retention facilities,
channel modifications, dikes, levees and other protective measures
may be required as determined by the Borough Engineer.
12.
The installation of an adequate flood warning system shall be required.
13.
The postponement of development until such a time as any necessary
and required preconstruction protective measures are installed or
implemented shall be required.
14.
New construction or substantial improvement of any residential structure
shall have the lowest habitable floor, including a cellar or basement,
elevated to one foot above the design flood elevation.
15.
New construction or substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor,
including a cellar or basement, elevated to one foot above the design
flood elevation or, together with the attendant utility and sanitary
facilities, be flood proofed so that below the design flood level
the structure is water tight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. A licensed professional engineer or architect shall certify
that the standards of this section of this chapter are satisfied.
Such certification shall be provided to the Planning Board. Any or
all of the following flood proofing measures may be required:
a.
Installation of watertight doors, bulkheads and shutters, or
similar devices.
b.
Reinforced walls to resist water pressure.
c.
Use of paints, membranes or mortars to reduce seepage of water
through walls.
d.
Addition of weights to structures to resist flotation.
e.
Installation of pumps to lower water levels of structures.
f.
Pumping facilities or comparable measures for the subsurface
drainage systems of the building to relieve external foundation wall
and basement flood pressures. Over the sidewalk and under the sidewalk
gravity or sump pump drains are not permitted. All such drains shall
outlet into an existing adequate water course or drainage system.
g.
Construction that resists rupture or collapse caused by water
pressure or floating debris.
h.
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewerage
or storm waters into the structure; gravity drainage of basements
may be eliminated by mechanical devices.
i.
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure they are not subject
to inundation and flooding.
16.
Where and when permitted, fill shall be no lower than one foot above
the flood design elevation and shall extend at such height for a distance
of at least 15 feet beyond the limits of any structure erected thereon.
17.
Where and when permitted, structures on fill shall be so built that
the basement, or in the event there is no basement, that the lowest
habitable floor is at a minimum of one foot above the flood hazard
design elevation.
F.
Variances From Conditions.
Variances from the conditions of this section of this chapter
may be granted by the Borough of Ogdensburg Planning Board in conformance
with the following provisions:
1.
For the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Register
of Historic Places.
2.
If an increase in flood levels within any designated floodway or
flood fringe area would not occur during the design flood.
3.
Upon a determination that the variance is the minimum necessary to
afford relief considering the flood hazards.
4.
Upon a determination that failure to grant the variance would result
in exceptional hardship to the applicant and a determination that
the granting of the variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
G.
Flood Insurance.
Flood insurance in accordance with the Federal Insurance Agency
shall be required for all development in the flood plain.
H.
Warning and Disclaimer.
The degree of flood protection required herein is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside flood hazard areas will
be free from flooding or flood damage. This chapter shall not create
liability on the part of the Borough of Ogdensburg or by any other
officer or employee thereof for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
thereunder.
[1]
Editor's Note: Ord. No. 02-09, adopted on March 9, 2009, created
a nine-member Planning Board which shall act as a combined Board and
which shall exercise, to the same extent and subject to the same restrictions,
all the powers of a Zoning Board of Adjustment. All references to
the Zoning Board of Adjustment have been retained and be interpreted
as the "Planning Board acting as the Zoning Board of Adjustment."
The Planning Board, acting as the Zoning Board of Adjustment,
shall have the power to:
A.
Error or Refusal.
Hear and decide appeals where it is alleged by the applicant
that there is an error in any order, requirement, decision or refusal
made by an official based on or made in the enforcement of the zoning
provisions of this chapter.
B.
Exceptions or Interpretations.
Hear and decide requests for interpretation of the Zoning Map
or the zoning provisions of this chapter or for decisions upon other
special questions upon which the Board is authorized to pass by any
zoning provision of this chapter or by any duly adopted Official Map.
C.
General Bulk Variances.
1.
Where (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
of this chapter would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
difficulties or hardship.
2.
Where, in an application or appeal relating to a specific piece of
property the purpose of this chapter would be advanced by a deviation
from the zoning requirements and the benefits of the deviation would
substantially outweigh any detriment, grant a variance to allow departure
from such zoning requirements.
3.
No variance from those departures enumerated in Section 30-702D herein below (N.J.S.A. 40:55D-70(d)) shall be granted under this subsection; and provided further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Section 30-705H of this chapter (N.J.S.A. 40:55D-60(a)).
D.
Use Variance, Variances From Conditional Use Standards, and Major
Specific Bulk Variances.
In particular cases and for special reasons, grant a variance
to allow departure from the zoning provisions of this chapter to permit:
1.
A use or principal structure in a district restricted against such
use or principal structure;
2.
An expansion of a nonconforming use;
3.
A deviation from a particular specification or standard set forth
in this chapter as pertaining solely to a conditional use;
4.
An increase in the permitted floor area ratio as defined in Section 30-200 of this chapter and in N.J.S.A. 40:55D-4;
5.
An increase in the permitted density as defined in Section 30-400 or Section 30-600 of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to Section 30-702C herein above.
A variance under this subsection shall be granted only after
an affirmative vote of the required members pursuant to N.J.S.A. 40:55D-1
et seq.
E.
General Provisions.
1.
No variance or other relief may be granted by the Board unless such
variance or other relief can be granted without substantial detriment
to the public good and will not substantially impair the intent and
purpose of the zone plan and the zoning provisions of this chapter.
2.
In respect to any airport hazard areas delineated under the "Air
Safety and Hazardous Zoning Act of 1983" (N.J.S.A. 6:1-80 et seq.),
no variance or other relief may be granted permitting the creation
or establishment of a nonconforming use which would be prohibited
under the standards promulgated pursuant to that act, except upon
issuance of a permit by the Commissioner of Transportation.
3.
An application under this section may be referred to any appropriate
person or agency for its report; provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
F.
Other Powers.
The Planning Board acting as the Zoning Board of Adjustment
shall have such other powers as prescribed by law, including, but
not limited to, the following:
1.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainage way, flood control basin or public
area as shown on a duly adopted Official Map, if an Official Map is
adopted by the Borough, whenever one or more parcels of land within
said bed cannot yield a reasonable return to the owner unless a construction
permit is granted. The Board may grant such relief only by affirmative
vote of a majority of the full authorized membership of the Zoning
Board of Adjustment, ensuring that such relief will tend to cause
a minimum change of the Official Map and will not significantly add
to the cost of opening any proposed street. The Board shall impose
reasonable requirements as a condition of granting the construction
permit so as to promote the health, morals, safety and general welfare
of the public.
2.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map, if an Official
Map is adopted by the Borough, or which is (a) an existing State,
County or municipal street or highway; or (b) a street shown upon
a plat approved by the municipal Planning Board; or (c) a street on
a plat duly filed in the office of the County Recording Officer. The
Board may grant such relief only when the enforcement of the statute
requirement that a building lot abut a street would entail practical
difficulty or unnecessary hardship, or where the circumstances of
the case do not require the building or structure to abut a street.
The Board shall impose requirements or conditions that will provide
adequate access for fire-fighting vehicles for the protection of the
health and safety and that will protect any future street layout on
the Official Map or on the Traffic Circulation Plan element of the
municipal Master Plan.
3.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Section 30-702D of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of the Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to Section 30-702 D of this chapter shall not be required.
A.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the zoning provisions
of this chapter or a duly adopted Official Map. Such appeal shall
be taken within 20 days by filing a notice of appeal with the official
from whom the appeal is taken, with three copies of the notice given
to the Secretary of the Zoning Board of Adjustment. The notice shall
specify the grounds for the appeal. The official from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
B.
The Zoning Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order requirements, decision, interpretation
or determination appealed from and to that end have all powers of
the municipal official from whom the appeal is taken.
C.
An appeal to the Zoning Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Zoning Board of Adjustment, after
the notice of appeal shall have been filed with him, that any reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the municipal official from whom the appeal is taken and due cause
shown.
D.
A developer may file an application for development with the Zoning
Board of Adjustment for action under any of its powers without prior
application to a municipal official.
E.
The Zoning Board of Adjustment shall act upon any appeal or any application
for development within 120 days either from the date the appeal is
taken from the decision of the municipal official or from the date
the application is certified as a complete application, as the case
may be, or within such further time as may be consented to by the
applicant, except that when an applicant elects to submit separate
consecutive applications for use variance approval and site plan,
subdivision or conditional use approval, the 120 day time period for
action shall apply to the application for approval of the use variance,
and the time period for granting or denying any subsequent approval
shall be as otherwise provided in this chapter.
A.
Establishment; Membership.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et
seq. generally and N.J.S.A. 40:55D-23 specifically, in the Borough
of Ogdensburg, a Planning Board of nine members and up to four alternates
as set forth in the statute. The composition of the member by class
and terms shall be as set forth in the statute.
B.
Removal of Members.
The Governing Body of the Borough of Ogdensburg may remove any
member of the Planning Board (other than the Class I member) for cause,
on written charges served upon the member, and after a hearing thereon
at which the member shall be entitled to be heard in person or by
counsel.
C.
Vacancies.
The terms of the Planning Board members shall be as set forth
in N.J.S.A. 40:55D-23. If a vacancy of any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term.
D.
Organization of Board.
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV and select a Secretary, who may be either
a member of the Planning Board or a municipal employee designated
by it.
E.
Planning Board Attorney, Other Staff.
There is hereby created the position of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney,
who shall be an attorney other than the Municipal Attorney. The Planning
Board may also employ or contract for the services of experts and
other staff and services as it may deem necessary. The Board shall
not, however, exceed, exclusive of gifts or grants, the amount appropriated
by the Governing Body for its use.
[Ord. No. 02-09 § 15-1]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths taking of testimony,
the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply. It shall
also have the following powers and duties:
A.
To make and adopt and form time-to-time amend a Master Plan for the
physical development of the municipality, including any areas outside
its boundaries which, in the Board's judgment, bear essential relation
to the planning of the municipality, in accordance with the provisions
of N.J.S.A. 40:55D-28.
B.
To administer the provisions of Land Use Ordinances of the Borough
of Ogdensburg located in this Code in accordance with the provisions
of said chapters and the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
C.
To approve conditional use applications in accordance with the provisions
of this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
D.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
E.
To assemble data on a continuing basis as part of a continuous planting
process.
F.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments therefrom, and
recommend same to the Governing Body.
G.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass
upon other matters specifically referred to the Planning Board by
the Governing Body pursuant to the provisions of N.J.S.A. 40:55D-26b.
H.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant, to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment, variances
pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant
to this subsection, notice of a hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a permit, as the case may be.
I.
To perform such other advisory duties as are assigned to by ordinance
or resolution of the Governing Body for the aid and assistance of
the Governing Body or other agencies or officers.
J.
Pursuant to N.J.S.A. 40:55D-25c(1), the Planning Board shall exercise,
to the same extent and subject to the same restrictions, all the powers
of a Board of Adjustment, but the Class I and the Class III members
shall not participate in the consideration of applications for development
which involve relief pursuant to N.J.S.A. 40:55D-70d.
A.
Conflicts of Interest.
No regular or alternate member of the Planning Board shall act
on any matter in which he has either directly or indirectly any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such particular matter nor participate
in any discussion by the Board or any decision relating thereto.
B.
Rules and Regulations.
The Planning Board shall have the power to set forth rules and
regulations for the conduct of their business, meetings and public
hearings. Said rules and regulations shall be in written form, on
file with the Board secretary and available to the public in accordance
with this chapter.
C.
Meetings.
1.
Meetings of the Planning Board shall be scheduled no less than once
a month and any meeting so scheduled shall be held as scheduled unless
cancelled for lack of applications for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which meetings shall be
held on notice to its members and the public in accordance with all
applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the Board.
4.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A.40:55D-1 et seq. A member of the Board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on a matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent, and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
5.
All regular meetings and all special meetings shall be open to the
public except as provided in the Open Public Meeting Law C.231, Laws
of New Jersey, 1975. Notice of all such meetings shall be given in
accordance with the requirements of the Open Public Meeting Law C.231,
Laws of New Jersey, 1975.
D.
Public Hearings.
1.
Subsequent to an application for development being declared complete,
the Planning Board shall hold a hearing on the application for development.
The Board shall make rules governing such hearings.
2.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Administrative Officer. The applicant may produce any
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
3.
The officer presiding at the hearings, or such person as he may designate,
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the "County and Municipal Investigations Law," P.L.1953,
C.38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
4.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
or such other person as he may designate, and the right of cross-examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly, if not represented, subject to the discretion
of the presiding officer and reasonable limitations as to time and
number of witnesses.
5.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
E.
Public Notice of a Hearing.
1.
Except for minor subdivisions not requiring variance relief, public
notice of a hearing shall be given for all applications for development.
2.
The Clerk/Secretary of the Planning Board shall notify the applicant
at least two weeks prior to the public hearing at which the application
will be discussed. Notice of a hearing requiring public notice shall
be given by the applicant at least 10 days prior to the date of the
hearing in the following manner:
a.
Publication in an official newspaper of the Borough, if there is
one, or in a newspaper of general circulation in the Borough in the
absence of an official newspaper; and,
b.
By notification by personal service or certified mail to the following.
An affidavit of proof of the giving of the required notice shall be
filed by the applicant with the municipal agency at, or prior to,
the hearing. It is not required that a return receipt be obtained;
notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
(1)
To all owners of real property as shown on the current tax duplicate,
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to the (1) condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or (2) horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it.
(2)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities.
(3)
To the Sussex County Planning Board when the application for
development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within 200 feet of a
municipality boundary.
(4)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a state highway.
(5)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for the development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be filed with the Borough.
3.
Upon the written request of an applicant, the Borough Tax Assessor,
or any other designated municipal official, shall, within seven days,
make and certify a list from current tax duplicates of names and addresses
of owners within the Borough to whom the applicant is required to
give notice. The applicant shall be charged $0.25 per name or $10,
whichever is greater, for said list and shall be entitled to rely
upon the information contained in such list, and failure to give notice
to any lot owner not on the list shall not invalidate any hearing
or proceeding. Additionally, the applicant shall be responsible for
giving proper notice to all property owners who own property not located
within the Borough. For the purpose of reliance on the list referred
to above, said list shall be effective for 90 days from the date of
its issue, after which, it shall be the responsibility of the applicant
to request a new list, or have the initial list recertified.
4.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office, and the location and
times at which any maps or documents for which approval is sought
are available for inspection.
5.
Regarding any application for development being reviewed by the Planning
Board if the Board determines that substantial revisions have been
made to said application subsequent to the date when it was determined
to be a "complete application", then the Board may require the applicant
to again comply with the notice requirements specified in this section
of this chapter.
F.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall
include the names and addresses of the persons appearing and addressing
the Planning Board, and of any persons appearing by attorney, the
action taken by the Planning Board, the findings, if any, made by
it and the reasons therefore. The minutes shall thereafter be made
available, after approval by the Board, for public inspection during
the normal business hours at the office of the Administrative Officer.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party shall be
charged a reasonable fee for the reproduction of the minutes.
2.
A verbatim recording shall be made of every hearing on an application
for development submitted to the Borough. The recording of the proceedings
shall be made either by stenographer, mechanical or electrical means.
The municipality shall furnish a transcript or duplicate recording
in lieu thereof on request to any interested party at his expense,
provided that the charge for a transcript shall not exceed the maximum
amount permitted in N.J.S.A. 2A:11-15. Each transcript shall be certified
in writing by the transcriber to be accurate.
G.
Decisions.
1.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
2.
The Board shall provide the findings and conclusions through:
a.
A resolution adopted at a meeting held within the time period provided
in this chapter for action by the Board on the application for development;
or
b.
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the Board voted to
grant or deny approval. Only the members of the Board who voted for
the action taken may vote on the memorializing resolution, and the
vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution. An action pursuant to N.J.S.A.40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution.
3.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in Section 30-708 of this chapter.
4.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of applications, including attorney's fees, shall be assessed
against the municipality.
5.
Conditional Approvals:
a.
Conditions Precedent: Whenever any application for development is
approved by the Board subject to specified conditions intended to
be fulfilled before the approval becomes effective, said approval
shall lapse and become null and void unless all specified conditions
are fulfilled within 190 days of the date the approval was granted
by the Board.
b.
Conditions Subsequent: Whenever any application for development is approved by the Board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to Section 30-902 of this chapter, then the failure to fulfill any such condition within six months from the date of the approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, construction permit, certificate of occupancy or any other approval until such condition is fulfilled.
c.
Nothing herein contained shall be construed as preventing the Board
from specifying a longer or shorter period of time within which any
specific condition must be fulfilled, or from granting, an extension
of time for fulfilling a condition for good cause shown.
d.
Only upon fulfillment of all conditions precedent shall any subdivision
plat or site plan be signed or any required zoning permit, construction
permit, occupancy permit or other approval be issued.
e.
The fulfillment of all conditions, precedent or subsequent, shall
be reported in writing to the Board, which may cause such reports
to be verified in an appropriate manner.
A.
Any interested party may appeal to the Borough Council any final decision of the Planning Board acting as the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A.40:55D-70d and Section 30-702 D of this chapter. Notwithstanding the aforesaid right of appeal to the Borough Council, any party has the right to obtain a review of such decision by any court of competent jurisdiction according to law.
B.
Any appeal to the Borough Council shall be made within 10 days of the date of publication of such final decision pursuant to Section 30-708 of this chapter. The appeal to the Borough Council shall be made by serving the Borough Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.
C.
The appellant shall either: 1) Within five days of serving notice
of the appeal, arrange for a transcript for use by the Borough Council
and pay a deposit in the amount of the estimated cost for such transcription;
provided that the charge by the Borough to the applicant for the transcript
shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or 2)
Within 35 days of serving notice of appeal, submit a transcript to
the Borough Clerk for use by the Borough Council. Should the appellant
neither arrange for or submit a transcript as provided hereinabove,
the Borough Council may dismiss the appeal for failure to prosecute.
All transcripts shall be certified in writing by the transcriber to
be accurate.
D.
Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Section 30-708 of this chapter, and to the Planning Board at least 10 days prior to the date of the meeting. The appeal shall be decided by the Borough Council only upon the record established by the Planning Board acting as the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Borough Council meeting, and the Borough Council shall provide and pay for verbatim recording and transcripts of such meeting.
E.
The Borough Council shall conclude a review of the record below not
later than 95 days from the publication of the notice of the subject
decision of the Planning Board acting as the Zoning Board of Adjustment,
unless the appellant consents in writing to an extension of such time
period. Failure of the Borough Council to hold a hearing and conclude
a review of the record below and to render a decision within such
specified period without such written consent of the appellant shall
constitute a decision affirming the action of the Planning Board acting
as the Zoning Board of Adjustment.
F.
The Borough Council may reverse, remand or affirm, with or without
conditions, the final decision of the Planning Board acting as the
Zoning Board of Adjustment being appealed. The affirmative vote of
four members of the Borough Council shall be necessary to reverse,
remand, or impose or remove conditions upon the aforesaid final decision.
In the event that an affirmative vote of four members of the Borough
Council is not obtained, the aforesaid final decision shall be deemed
affirmed without change.
G.
An appeal to the Borough Council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Planning Board acting as the Zoning Board of Adjustment
certifies to the Borough Council, after the notice of appeal has been
filed with the Board, that by reasons of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application upon notice to the Planning Board
acting as the Zoning Board of Adjustment and on good cause shown.
Any decision of the Planning Board when acting upon an application
for development and any decision of the Borough Council when acting
upon an appeal shall be given notice in the following manner:
A.
A copy of the decision shall be mailed by the appropriate Borough
authority within 10 days of the date of decision to the applicant
or appellant, or, if represented, then to his attorney, without separate
charge. A copy of the decision shall also be mailed within 10 days
to any interested party who has requested it and who has paid the
fee prescribed by the Borough authority for such services.
B.
A brief notice of every final decision shall be published in the
official newspaper of the Borough. Such publications shall be arranged
by the Secretary of the Planning Board, or the Borough Clerk, as the
case may be, without separate charge to the applicant. The notice
shall be sent to an official newspaper for publication within 10 days
of the date of any such decision.
C.
A copy of the decision shall also be filed in the office of the Planning
Board secretary who shall make a copy of such filed decision available
to any interested party upon payment of a fee calculated in the same
manner as those established for copies of other public documents in
the Borough.
The Planning Board and the Zoning Board of Adjustment have certain
overlapping powers to expedite the review process. Their respective
responsibilities are outlined below:
A.
Powers of the Planning Board.
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
The Planning Board shall have the power to act in lieu of the Zoning
Board of Adjustment and subject to the same extent and restrictions
of the Zoning Board of Adjustment in the following matters when the
Planning Board is reviewing applications for approval of subdivision
plans, site plans or conditional uses. Whenever relief is requested
pursuant to this subsection, public notice shall be given and shall
include reference to the request for a variance or direction for issuance
of a permit, as the case may be.
a.
Grant variances pursuant to N.J.S.A. 40:55D-70c.
b.
Direct, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
c.
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit
for a building or structure not related to a street.
B.
Zoning Board of Adjustment Action in Lieu of Planning Board. The
Zoning Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
site plan, subdivision or conditional use approval whenever the proposed
development requires approval by the Zoning Board of Adjustment of
a variance pursuant to N.J.S.A. 40:55D-70d.
A.
Subdivision Review.
All subdivisions, as defined under Section 30-200, are subject to the review procedures specified herein.
B.
Site Plan Review.
No construction permit shall be issued for any new structure
or parking lot designed for four or more vehicles, or for an addition
to an existing structure or parking lot, and no Certificate of Occupancy
shall be issued for any change of use of an existing structure until
the site plan has been reviewed and approved by the municipality except
that:
1.
A construction permit for a single-family detached dwelling unit
shall not require site plan approval, except that the use of any existing
or proposed principal or accessory building for a "home occupation"
as defined and permitted by this chapter shall require minor site
plan approval prior to the issuance of a construction permit or a
certificate of occupancy. The foregoing shall in no way affect the
responsibility of an applicant to submit the necessary information
and receive the necessary approvals as may be required pursuant to
other ordinances.
2.
Any change of use from one permitted category of nonresidential use
to another permitted category of nonresidential use may not require
site plan approval if (1) both the Construction Official and Zoning
Officer certify to the Board in writing that the existing site development
meets the requirements of this chapter for the new use category, and
(2) the new use category does not require an increase in the number
of required parking spaces.
An applicant may elect to file for preliminary and final site
plan approval simultaneously to expedite the review process. The site
plan shall be prepared according to the requirements stipulated for
final approval. Developers electing to bypass the preliminary approval
stage are doing so at the peril of added expense if changes in design
are required.
C.
Variance Relief.
All applications for variance relief not involving any related
site plan, subdivision or conditional use approval shall be made to
the Zoning Board of Adjustment and shall be filed at least three weeks
prior to the date of the meeting. The filing shall include 15 copies
of any maps and related material; 15 completed copies of the appropriate
application form(s), which includes the checklist[1] for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with Section 30-900 of this chapter. The Board shall act upon the application as required by law.
[1]
Editor's Note: Checklists may be found on file in the Borough
Offices.
D.
Informal Review by the Planning Board.
1.
At the request of an applicant, the Planning Board shall grant one
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
2.
The applicant shall not be required to submit a fee for such an informal review; however, no professional review(s) will be undertaken unless the applicant has agreed to pay for said review(s) in accordance with Section 30-900 of this chapter.
3.
The applicant shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
4.
An applicant desiring to have a concept plan informally reviewed
by the Planning Board shall so notify the Administrative Officer at
least three weeks prior to the meeting of the Planning Board. The
Administrative Officer shall thereafter notify the applicant of the
time and place which has been scheduled by the Planning Board for
the informal review.
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans.
The applicant shall submit to the Administrative Officer at
least three weeks prior to the meeting: 16 copies of the minor plat
or plan; 16 completed copies of the appropriate application(s), which
includes the application(s) for any requested variance(s) and the
checklist(s)[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter with the items of information required therein; 16 copies of the Environmental Impact Statement; 10 copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded; and the fee in accordance with Section 30-900 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivisions plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other document for processing in conjunction with the application.
[1]
Editor's Note: Checklists may be found on file in the Borough
Offices.
B.
Details Required for Minor Subdivision Plats and Minor Site Plan.
Each minor plat or minor plan shall be drawn by a professional
engineer and/or land surveyor licensed to practice in the State of
New Jersey and shall bear the signature, seal, license number and
telephone number of the said professional engineer and/or land surveyor;
provided, however, that all engineering data shall be signed and sealed
by a professional engineer and all surveying data shall be signed
and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less
one inch equals 50 feet and shall be submitted on one of four of the
following standard sheet sizes (8 1/2" x 13", 15" x 21"; 24"
x 36", or 30" x 42"). All plan sheets shall be folded into eighths
with the title block revealed.
Each minor plat or plan (and or the accompanying application)
shall show the following information as applicable to a minor subdivision
or minor site plan, unless the Planning Board or Zoning Board of Adjustment
determines, upon request of the applicant, that such information either
is unnecessary or inapplicable to the particular subdivision or site
plan and can be waived:
1.
A key map showing the entire tract and its relation to the surrounding
area, at a scale of one inch equals not more than 1,000 feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Borough of Ogdensburg and Sussex
County, with each sheet specifically titled with appropriately descriptive
words;
b.
Name, title, address and telephone number of sub-divider or developer;
c.
Name, title, address and license number of the professional or professionals
who prepared the plat or plan;
d.
Name, title and address of the owner or owners of record;
e.
North arrow;
f.
Scale (written and graphic); and
g.
Date of original preparation and of each subsequent revision thereof
and a list of the specific revisions entered on each sheet.
3.
If the applicant is a corporation or a partnership, the names and
addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation;
4.
Acreage figures (both with and without areas within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the Borough Tax Map, and proposed block
and lot numbers as provided by the Borough Tax Assessor upon written
request;
7.
Tract boundary line (heavy solid line);
8.
Zone boundary line (heavy dashed line);
9.
The location of existing and proposed property lines (with bearings
and distances), streets, structures with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed, parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes, any natural features such
as wetlands and treed areas, both within the tract and within 100
feet of its boundary;
10.
The location and width of all existing and proposed utility easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled;
11.
Zoning districts affecting the tract, including district names and
all area and bulk requirements, with a comparison to the proposed
development;
12.
Proposed buffer and landscaped areas;
13.
Delineation of floodplains, including both floodway and flood fringe
areas;
14.
Contours as shown on the U.S.G.S. topographic sheets;
15.
Marshes, ponds and lands subject to flooding within the tract and
within 100 feet thereof;
16.
The name of all adjacent property owners as they appear on the most
recent tax list prepared by the Clerk of the Planning Board;
17.
Five copies of a certificate from the Borough Tax Collector that
all taxes and assessments are paid to date;
18.
Five copies of a completed application to the Sussex County Planning
Board, if applicable;
19.
Five copies of the completed application to the Ogdensburg Municipal
Authority, if applicable;
20.
Concerning minor subdivisions only, existing and proposed monuments;
21.
Proposals for soil erosion and sediment control as required by N.J.S.A.
4-24-1939 et seq.;
22.
All minor subdivision applications shall be accompanied by an Environmental
Impact Statement in accordance with the provisions of 30-804 C of
this chapter. The applicant may request a waiver of this requirement,
either in whole or in part, provided that the applicant states in
writing the basis for the waiver request. The Board shall act upon
the requested waiver at the meeting when it determines whether or
not the application is complete.
23.
No minor subdivision or minor site plan involving any street(s) additional
right-of-way width as specified in the Master Plan or Official Map
and the street requirements of this chapter shall be approved unless
such additional right-of-way, either along one or both sides of said
streets, as applicable, shall be granted to the Borough or other appropriate
governmental agency; however the amount of right-of-way dedicated
shall not exceed one-half of the distance of the right-of-way from
the center line.
24.
Plans of proposed improvements and utility layouts including sewers,
storm drains and water lines, and feasible connections to gas, telephone
and electrical utility systems. If private utilities are proposed,
they shall comply fully with all Borough, County, State and Federal
regulations. If service will be provided by an existing utility company,
in lieu of detailed plans, a letter from that company stating that
service will be available before occupancy will be sufficient. Additionally,
letters from the appropriate County and State agencies granting approval
for the extension of utility service(s) under their respective jurisdiction
shall be submitted with the application;
25.
No minor subdivision or minor site plan involving any corner lot
shall be approved unless a sight triangle easement shall be granted
as specified in this chapter; and
26.
Deed descriptions (including metes and bounds), easements, covenants,
restrictions and roadway dedications shall be submitted for approval
and required signatures prior to filing with the County Recording
Officer.
C.
Action by the Borough.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and its professional advisors, shall review the aforesaid application
for the purpose of determining, within 45 days of its submission,
whether said application is complete and whether any waiver of check
list items will be granted. The Board shall:
a.
If said application is found to contain all of the information required
by a checklist adopted as part of this Land Development Regulations
and attached hereto following Section 30-806 of this chapter, the
Board, or its agent in those specific instances where designated,
shall certify that said application is complete.
b.
If said application is found to lack some of the information required
by the checklist[2] adopted as part of this Land Development Regulations the
Board shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or,
(2)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make any informed decision
on the application, but are not of such significance to cause the
application to be deemed incomplete, said Board may declare the application
complete, conditioned upon the submission of the missing items of
information to the Administrative Officer within 10 days; or
(3)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing item.
[2]
Editor's Note: Checklists may be found on file in the Borough
Offices.
c.
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Section 30-803 B. and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Section 30- 803C,1,a or 30-803C,1,b hereinabove.
d.
In the event the Board fails to act pursuant to Sections 30- 803C,1,b(1)
or 30-803C,1,b(2) hereinabove within 45 days of the date of submission
of the application, said application shall be deemed complete as of
the 46th day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents, all as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met; provided, however, that the application shall not be deemed
incomplete for lack of any such additional information or revision.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
a.
The Planning Board or the Zoning Board of Adjustment, as the case
may be, (nine copies each of the minor plat or plan, the application,
any Environmental Impact Statement);
b.
Planning Board Attorney (one copy each of the minor plat or plan,
the application, any protective covenants, easements and/or deed restrictions,
and any Environmental Impact Statement);
c.
Borough Planner (one copy each of the minor plat or plan, the application,
any protective covenants, easements and/or deed restrictions, and
any Environmental Impact Statement);
d.
Borough Engineer (one copy each of the minor plat or plan, the application,
any protective covenants, easements and/or deed restrictions, and
any Environmental Impact Statement);
e.
Zoning Officer (one copy of the minor plat or plan);
f.
Borough Clerk (one copy each of the minor plat or plan, the application,
any protective covenants, easements and/or deed restrictions, and
any Environmental Impact Statement for the Borough's files);
g.
Borough Fire Prevention Official (one copy of the minor plat or plan);
h.
At the direction of the Planning Board or the Zoning Board of Adjustment,
as the case may be, additional copies of the minor plat or plan and/or
other items of submitted information shall be sent to other Borough,
County or State agencies and/or to other professional consultants
as may be designated by the Board.
4.
The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801A,2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction as prescribed in Section 30-803C,4 hereinabove unless said minor subdivision or minor site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and Section 30-702D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
6.
Any designated Site Plan/Subdivision Review Committee shall read
any written report submitted concerning the application and shall
review the submission to ascertain its conformity with the requirements
of this chapter; the Committee shall offer its recommendation to the
Board.
7.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
8.
All hearings held on applications for minor site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see Section 30-706D).
9.
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least two prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Borough Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with Section 30-706F of this chapter, within 10 days of its adoption by the Board.
10.
When a minor subdivision or minor site plan is disapproved by the
Board, the Secretary of the Board, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
Secretary of the Board shall forward the applicant a copy of the disapproval
resolution, adopted in accordance with Section 30- 706F of this chapter,
within 10 days of its adoption by the Board, setting for the reasons
for the disapproval.
11.
Within 190 days from the date of approval by the Board of a minor
subdivision, a plat map drawn in compliance with the Map Filing Act,
P.L. 190 C. 141 (N.J.S.A. 46:29-9.9 et seq.) or deed description,
properly drafted and signed by the Chairman and Secretary of the Board
(or the Acting Chairman or Secretary where either or both may be absent),
shall be filed by the subdivider with the County Recording Officer;
provided that if an applicant elects to file a deed, said deed shall
be accompanied with a photographically reduced copy of the approved
plat. Unless filed within 190 days, the approval shall expire and
will require Board approval as in the first instance. The zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted, shall not be changed
for a period of two years after the date of minor subdivision approval
by the Board, provided that the approved minor subdivision shall have
been duly recorded.
12.
Before the Secretary of the Board returns any approved minor subdivision
or minor site plan to the applicant, the applicant shall provide additional
copies of the plat or plan as may be necessary in order to furnish
copies to each of the following:
a.
Borough Clerk;
b.
Borough Engineer (in the case of subdivisions only, a map of
the plat drawn to the tax map scale of one inch equals 100 feet or
one inch equals 400 feet, as directed by the Borough Engineer);
c.
Zoning Officer;
d.
Borough Tax Assessor;
e.
Borough Board of Health;
f.
Such other Borough, County or State agencies and officials as
directed by the Board.
A.
Procedure for Submitting Preliminary Major Subdivision Plats and
Preliminary Major Site Plans
The applicant shall submit to the Administrative Officer at least three weeks prior to the meeting: 16 copies of the preliminary plan; 16 completed copies of the appropriate application(s), which includes the application(s) for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-010.3 attached to this chapter with the items of information required therein; 16 copies of the Environmental Impact Statement; 16 copies of any protective covenants, easements and/or deed restrictions applying to the subject site, whether recorded or unrecorded; and the fee in accordance with Section 30-900 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B.
Details Required for Preliminary Major Subdivision Plats and Preliminary
Major Site Plans.
Each preliminary plat or preliminary plan shall be drawn by
a professional engineer and/or land surveyor licensed to practice
in the State of New Jersey and shall bear the signature, seal, license
number and telephone number of the said professional engineer and/or
land surveyor; provided, however, that all engineering data shall
be signed and sealed by a professional engineer and all surveying
data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less
than one inch equals 100 feet and shall be submitted on one of four
of the following standard sheet sizes (8 1/2" x 13"; 15" x 21";
24" x 36"; 30" x 42"). All plan sheets shall be folded into eighths
with the title block revealed.
Each preliminary plat or plan (and or the accompanying application)
shall show the following information as applicable to a subdivision
plat or site plan, unless the Planning Board or Zoning Board of Adjustment
determines, upon request of the applicant, that such information either
is unnecessary or inapplicable to the particular subdivision or site
plan and can be waived:
1.
A key map showing the entire tract and its relations to the surrounding
areas, at a scale of one inch equals not more than 1,000 feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Borough of Ogdensburg, Sussex
County, with each sheet specifically titled with appropriately descriptive
words;
b.
Name, title, address and telephone number of subdivider or developer;
c.
Name, title, address and license number of the professional or professionals
who prepared the plat or plan;
d.
Name, title and address of the owner or owners of record;
e.
North arrow;
f.
Scale (written and graphic); and
g.
Date of original preparation and of each subsequent revision thereof
and list of the specific revisions entered on each sheet.
3.
Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement.
4.
If the applicant is a corporation or a partnership, the names and
addresses of all partners, or the names and addresses of all stockholders
owning 10% or more of any class of stock of the corporation;
6.
Acreage to the nearest tenth of an acre (both with and without areas
within public rights-of-way);
7.
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Clerk of the Planning Board;
8.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Borough Tax Map, and proposed block and lot numbers as provided by
the Borough Tax Assessor upon written request;
9.
Tract boundary line (heavy solid line);
10.
Zone boundary line (heavy dashed line);
11.
Zoning districts affecting the tract, including district names and
all area and bulk requirements, with a comparison to the proposed
development;
12.
The location of natural features such as wetlands and treed areas,
both within the tract and within 100 feet of its boundary;
13.
The proposed location of all proposed plantings, with a legend listing
the botanical and common names, the sizes at the time of planting,
the total quantity of each plant, and the location of each plant keyed
to the plan or plat;
14.
All existing and proposed watercourses shall be shown and accompanied
by the following information:
a.
When a stream is proposed for alteration, improvement or relocation
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection, Division of Water Resources,
shall accompany the submission;
b.
Cross-sections of watercourses and/or drainage swales at an
approximate scale showing the extent of the flood plain, top of bank,
normal water levels and bottom elevations at the locations required
by the Borough Engineer;
c.
The location and extent of drainage and conservation easements
and stream encroachment lines; and
d.
The location and type of adequate drainage provisions to reasonably
reduce and minimize exposure to flood damage.
15.
Existing and proposed contours with intervals of one foot where slopes
are less than 2%; with intervals of two feet where slopes are between
2% and 15%; and with intervals of five feet where slopes exceed 15%.
All contour information shall be shown as a dashed line; finished
grades shall be shown as a solid line. Slopes 15% or more in grade
shall be shaded;
16.
Proposals for soil erosion and sediment control as required by N.J.S.A.
4:24-39 et seq.;
17.
The location of all existing structures, both within the tract and
within 100 feet of its boundary, with an indication of existing and
proposed front, rear and side yard setback distances and whether the
existing structures and uses will be retained or removed;
18.
Size, height and location of all proposed structures including, but
not limited to, signs, fences and lighting facilities, and of all
proposed buildings;
19.
All dimensions necessary to confirm conformity to the ordinance,
such as the size of the tract and any proposed lot(s), structure setbacks,
structure heights, yard areas and floor area ratios. All tract and
lot sizes shall be expressed in acres and square feet and shall include
bearing and distances.
20.
The proposed location, direction of illumination, power and type
of proposed outdoor lighting, including details of lighting poles
and luminaries, which information shall be shown on the plat or plan
for each light;
21.
The proposed screening, buffering and landscaping, including a landscaping
plan;
22.
The location and design of any off-street parking area, showing size
and location of bays, aisles and barriers, curbing and paving specifications;
23.
All means of vehicular access and egress to and from the site onto
public streets, showing the site and the location of driveways and
curb cuts, including the possible utilization of traffic signals,
channelization, acceleration and deceleration lanes, sight triangle
easements, additional width and other proposed devices necessary to
prevent a difficult traffic situation;
24.
The application shall include plans and computations for any storm
drainage system including the following as may be required by the
Borough Engineer:
a.
All existing or proposed storm sewer lines within or adjacent
to the tract showing size and slope of the lines, direction of flow
and the location of each catch basin, inlet, manhole, culvert and
headwall.
b.
A map drawn to scale (minimum scale one inch equals 100 feet)
showing the contributing area to each inlet or cross drain.
c.
A weighted run-off coefficient for each drainage area shall
be determined for use in the computations.
25.
The location of existing utility structures such as water and sewer
mains, utility structures, gas transmission lines and high tension
power lines on the tract and within 200 feet of its boundaries.
26.
Plans of proposed improvements and utility layouts including sewers,
storm drains and water lines, and feasible connections to gas, telephone
and electrical utility systems. If private utilities are proposed,
they shall comply fully with all Borough, County, State and Federal
regulations. If service will be provided by an existing utility company,
in lieu of detailed plans, a letter from that company stating that
service will be available before occupancy will be sufficient. Additionally,
letters from the appropriate County and State agencies granting approval
for the extension of utility service(s) under their respective jurisdiction
shall be submitted with the application.
27.
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the centerline of all proposed streets
and of all existing streets abutting the tract. The vertical alignments
shall be based on U.S.G.S. vertical datum or a more specified datum
supplied by the Borough Engineer, and shall include curbing, sidewalks,
storm drains, drainage structures and cross sections every half and
full station of all proposed streets and of all existing streets abutting
the tract. Sight triangles, the radius of curblines and street sign
locations shall be clearly indicated at the intersections.
28.
Any protective covenants or deed restrictions applying to the land
being developed shall be submitted with the application and/or indicated
on the submitted plat or plan.
29.
The location and width of all existing and proposed utility easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled;
30.
An aerial photograph showing the entire site, in foliage;
31.
The proposed permanent monuments shall be shown, in accordance with
the Map Filing Law, N.J.S.A. 46:23-9.9;
32.
The proposed number of shifts to be worked, the maximum number of
employees on each shift, and the hours of operation;
33.
Five copies of a certificate from the Borough Tax Collector that
all taxes and assessments are paid to date;
34.
Five copies of the completed application to the Sussex County Planning
Board, if applicable;
35.
Five copies of the completed application to the Ogdensburg Municipal
Authority, if applicable;
36.
All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of Section 30-804 C of this chapter. The applicant may request a waiver of this requirement, either in whole or in part, provided that the applicant states in writing the basis for the variance request. The Board shall act upon the requested waiver at the meeting when it determines whether or not the application is complete.
37.
In the case of any subdivision or site plan submission of a planned
development, the applicant shall be required to submit all of the
required information for all of the properties comprising the planned
development, regardless of whether the applicant is seeking approval
of the whole or a section of the planned development; specifically,
the applicant shall be required to show the interrelationship of each
portion of the project with the whole of the project considering land
use, traffic, open space, buffering, drainage and surface water management,
sewerage, potable water supply and any other specific planning considerations
as may be of particular relevance to a particular planned development;
and
38.
In case of any subdivision or site plan submission involving a planned
building group as defined by this chapter, the applicant shall be
required, on the application for preliminary approval, to submit the
following:
39.
The Board reserves the right to require additional information before
granting preliminary approval when unique circumstances affect the
tract and/or when the application for development poses special problems
for the tract and surrounding area. Such information shall include,
but not be limited to, drainage calculations and traffic analysis,
provided however, that no application shall be declared incomplete
for the lack of such additional information.
C.
Environmental Impact Statement.
1.
General Provisions.
The impact on the environment generated by land development
necessitates a comprehensive analysis of the variety of problems that
may result and the actions that can be taken to minimize the problems.
It is further recognized that the level of detail required for various
types of applications will vary depending upon the size of the development,
the nature of the site, the location of the development and the information
already in the possession of the Borough. Therefore, having determined
that some flexibility is needed in preparing the Environmental Impact
Statement, the requirements for such a document pertaining to different
types of development applications are listed below:
a.
All agricultural operations conducted in accordance with a plan approved
by the Soil Conservation District and all silva culture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the Environmental Impact Statement requirements.
b.
Any variance applications to the Zoning Board of Adjustment not involving
a site plan or subdivision application shall not require an Environmental
Impact Statement unless specifically requested by the Board. The Zoning
Board of Adjustment shall inform the applicant regarding any information
that may be required.
c.
Any application for minor site plan approval, either to the Planning
Board or to the Zoning Board of Adjustment, as the case may be, shall
not require an Environmental Impact Statement unless specifically
requested by the appropriate Board. The Planning Board or Zoning Board
of Adjustment, as the case may be, shall inform the applicant regarding
any information that may be required.
d.
All minor subdivision, preliminary major subdivision and/or preliminary
major site plan applications shall be accompanied by an Environmental
Impact Statement.
2.
Submission Format. When an Environmental Impact Statement is required,
the applicant shall retain one or more competent professionals to
perform the necessary work. The qualifications and background of the
professionals shall be provided, and the method of investigation shall
be described. All applicable material on file in the Borough pertinent
to evaluation of regional impacts also shall be considered. Furthermore,
as much original research as necessary shall be conducted to develop
the Environmental Impact Statement. All Environmental Impact Statements
shall consist of written and graphic materials which clearly present
the required information utilizing the following format:
a.
Project Description:
Indicate the purpose and scope of the proposed project. Enumerate
the benefits to the public which will result from the proposed project
and describe the particular suitability of the site for the intended
use. A description of the proposed project shall be presented to indicate
the extent to which the site must be altered, the kinds of facilities
to be constructed and the uses intended. The resident population,
working population and visitor population shall be estimated. The
compatibility or incompatibility of the proposed project shall be
described in relation to the following:
b.
Site Description and Inventory.
Provide a description of the environmental conditions on the
site, including the following items:
(1)
Types of Soil.
List and describe each soil type on the site. If applicable,
provide percolation data. Where the proposed area of land disturbance
will involve soils with moderate or severe limitations relative to
the type of use proposed, a complete mapping of all soil types where
the moderate and severe limitations exist shall be provided.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology.
Describe the geologic formations and features associated with
the site as well as depth to bedrock conditions. Delineate those areas
where bedrock is within two feet of the surface as well as major rock
outcroppings.
(4)
Vegetation.
Describe the existing vegetation on the site. A map shall be
prepared showing the location of major vegetative groupings such as
woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated.
(5)
Wildlife.
Identify and describe any unique habitats of endangered or protected
species.
(6)
Subsurface Water.
Describe the subsurface water conditions on the site both in
terms of depth to ground water and water supply capabilities. The
location, depth, capacity and water quality of all existing water
wells on the site and within 500 feet of the site shall be indicated.
(7)
Distinctive Scenic and/or Historic Features.
Describe and map those portions of the site that can be considered
to have distinctive scenic and/or historic qualities.
(8)
Existing Development Features.
Describe any existing features on the site that are not considered
to be part of the natural environment including, but not limited to,
roads, driveway accesses, housing units, accessory structures, utility
lines, etc.
(9)
Miscellaneous.
When warranted, an analysis shall be conducted of existing air
quality and noise levels as prescribed by the New Jersey State Department
of Environmental Protection.
c.
Impact.
Discuss both the negative and positive impacts during and after
construction. Indicate those negative impacts that are unavoidable.
The specific concerns that shall be considered include the following
and shall be accompanied by specific quantitative measurements where
possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface run-off.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected
species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
d.
Environmental Performance Controls.
Describe what measures will be employed during the planning,
construction and operation phases which will minimize or eliminate
negative impacts that could result from the proposed project. Of specific
interest are:
e.
Licenses, Permits and Other Approvals Required by Law.
The applicant shall list all known licenses, permits and other
forms of approval required by law for the development and operation
of the proposed project. The list shall include approvals required
by the Borough, as well as agencies of the County, State and Federal
governments. Where approvals have been granted, copies of said approvals
shall be attached. Where approvals are pending, a note shall be made
to that effect.
f.
Documentation.
All publications, file reports, manuscripts or other written
sources of information which were first consulted and employed in
compilation of the Environmental Impact Statement shall be listed.
A list of all agencies and individuals from whom all pertinent information
was obtained orally or by letter shall be listed separately. Dates
and locations of all meetings shall be specified.
3.
Disposition by the Board.
The Board shall review the information furnished in the Environmental
Impact Statement in the context of the overall design of the proposed
development and the relationship of the proposed development to the
environment. The information is to be used solely to help insure that
the proposed development will cause no reasonably avoidable damage
to any environmental resource.
D.
Action by the Borough.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and its professional advisors, shall review the aforesaid application
for the purpose of determining, within 45 days of its submission,
whether said application is complete and whether any waiver of checklist
items will be granted. The Board shall:
a.
If said application is found to contain all of the information required
by a checklist adopted as part of this Land Development Regulations,
the Board, or its agent in those specific instances where designated,
shall certify that said application is complete.
b.
If said application is found to lack some of the information required
by the checklist[1] adopted as part of this Land Development Regulations,
the Board shall either:
(1)
Cause the applicant to be notified, in writing, that the application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are necessary to make an informed decision on the application,
but are not of such significance to cause the application to be deemed
incomplete, said Board may declare the application complete, conditioned
upon the submission of the missing items of information to the Administrative
Officer within 10 days; or
(3)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
[1]
Editor's Note: Checklists may be found on file in the Borough
offices.
c.
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Section 30-804 B. and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Sections 30-804 D,1,a or 30-804 D,1,b hereinabove.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
a.
The Planning Board or the Zoning Board of Adjustment, as the case
may be nine copies each of the preliminary plat or plan, the application,
the Environmental Impact Statement, and any protective covenants,
easements and/or deed restrictions);
b.
Planning Board Attorney (one copy each of the preliminary plat or
plan, the application, the Environmental Impact Statement, and any
protective covenants, easements and/or deed restrictions);
c.
Borough Planner (one copy each of the preliminary plat or plan, the
application, the Environmental Impact Statement, and any protective
covenants, easements and/or deed restrictions);
d.
Borough Engineer (one copy each of the preliminary plat or plan,
the application, the Environmental Impact Statement, and any protective
covenants, easements and/or deed restrictions);
e.
Zoning Officer (one copy of the preliminary plat or plan);
f.
Borough Clerk (one copy each of the preliminary plat or plan, the
application, the Environmental Impact Statement, and any protective
covenants, easements and/or deed restrictions for the Borough's files);
g.
Borough Fire Prevention Official (one copy of the preliminary plat
or plan);
h.
Borough Tax Collector (one copy of the preliminary plat or plan);
i.
At the direction of the Planning Board or the Zoning Board of Adjustment,
as the case may be, additional copies of the preliminary plat or plan
and/or other items of submitted information shall be sent to other
Borough, County or State agencies and/or to other professional consultants
as may be designated by the Board.
4.
The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less or 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801 A,2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801 A,2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
6.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in Sections 30-804 D,4 and 30-804 D,5 hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70 and Section 30-702 D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
7.
Any designated Site Plan/Subdivision Review Committee shall read
any written report submitted concerning the application and shall
review the submission to ascertain its conformity with the requirements
of this chapter; the Committee shall offer its recommendations to
the Board.
8.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to mitigate
any adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect.
9.
In the case of planned developments only, the Board shall find the
following facts and conclusions prior to granting approval:
b.
That the proposals for maintenance and conservation for the common
space are reliable, and the amount, location and purpose of the common
open space are adequate;
c.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
d.
That the proposed planned development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
10.
All hearings held on applications for preliminary major subdivision approval and/or preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the application at least 10 days prior to the date of the hearing (see Section 30-706 D.).
11.
If the Board acts favorably on the preliminary plat or plan, the
Borough Engineer and the Chairman and Secretary of the Board (or the
acting Chairman or acting Secretary, where either or both may be absent)
shall affix their signatures to at least 10 copies of the plat or
plan with the notification that it has been approved. The applicant
shall furnish such copies to the Board.
12.
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within 30 days from the date
of said approval. Should substantial revisions be deemed necessary,
the Board shall require that an amended plat or plan be submitted
and acted upon as in the case of the original application.
13.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and resolution adopted in accordance with Section 30-706 G. of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
E.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of preliminary approval:
a.
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to: layout
and design standards for streets, curbs and sidewalks; lot size; yard
dimensions; and off-tract improvements; and in the case of a site
plan, any requirements peculiar to site plan approval; except that
nothing therein shall be construed to prevent the municipality from
modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
b.
That the applicant may submit for final approval, on or before the
expiration date of preliminary approval, the whole or a section or
sections of the preliminary plat or plan; and
c.
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of at least one
year, but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
2.
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Section 30-804 E,1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter
grant, an extension to preliminary approval for such additional period
of time as shall be determined by the Board to be reasonable taking
into consideration:
A.
Procedures for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least three weeks prior to the meeting: 16 copies of the final major subdivision plat or final major site plan; 16 copies of the appropriate application(s), which includes the applications for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter with the items of information required therein; and the fee in accordance with Section 30-900 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
B.
Details Required for Final Major Subdivision Plats and Final Major
Site Plans.
The following information shall be submitted:
2.
All additional details required at the time of preliminary approval
shall be submitted.
3.
A section or staging plan, if proposed, indicating the portion of
the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots.
4.
Detailed architectural and engineering data including:
a.
An architect's design drawing of each building and sign or a typical
building and sign showing front, side and rear elevations.
b.
Cross sections, plans, profiles and established grades of all streets,
aisles, lanes and driveways, including centerline geometry and horizontal
alignments with bearings, radii and tangents.
c.
Plans and profiles of all storm and sanitary sewers and water mains.
d.
All dimensions of the exterior boundaries of any subdivision shall
be balanced and closed to a precision of one to 5,000 and the dimensions
of all lot lines to within one to 10,000. All dimensions, angles and
bearings must be tied to at least two permanent monuments not less
than 300 feet apart and all information shall be indicated on the
plat. At least one corner of the subdivision shall be tied horizontally
to the New Jersey State Grid Coordinate System and vertically to the
U.S. Geodetic Survey System, with the data on the plat as to how the
bearings were determined.
5.
The final submission shall be accompanied by the following documents:
a.
Certification from the Borough Tax Collector that all taxes and assessments
are paid to date;
b.
Letters directed to the Chairman of the Board and signed by a responsible
official of the lighting agency, water company, sewer utility and
of any other company or governmental authority or district which provides
accessory utility service and has jurisdiction in the area, approving
each proposed utility installation design and stating who will construct
the facility so that service will be available prior to occupancy.
The designing engineer(s) shall certify to the Board that the existing
cross-section(s) and profile(s) have been run in the field and the
field note shall be forwarded to the Borough Engineer;
d.
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in Section 30-902 of this chapter, and that such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.
C.
Action by the Borough.
1.
The Planning Board or Zoning Board of Adjustment, as the case may
be, and its professional advisors, shall review the aforesaid application
for the purpose of determining, within 45 days of its submission,
whether said application is complete and whether any waiver of checklist
items will be granted. The Board shall:
a.
If said application is found to contain all of the information required
by a checklist[1] adopted as part of these Land Development Regulations,
the Board, or its agent in those specific instances where designated,
shall certify that said application is complete.
[1]
Editor's Note: Checklists may be found on file in the Borough
Offices.
b.
If said application is found to lack some of the information required
by the checklist[2] adopted as part of this Land Development Regulations,
the Board shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of
information are necessary to make an informed decision on the application,
but are not of such significance to cause the application to be deemed
incomplete, said Board may declare the application complete, conditioned
upon the submission of the missing items of information to the Administrative
Officer within 10 days; or
(3)
If the Board reasonably concludes that the missing items of
information are not necessary for it to make an informed decision
on the application, said Board may waive the requirement that said
items be supplied as a prerequisite for completeness and certify that
the application is complete notwithstanding the missing items.
[2]
Editor's Note: Checklists may be found on file in the Borough
Offices.
c.
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Section 30-805B and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Sections 30-805C,1,a or 30-805C,1,b hereinabove.
2.
On the date the aforesaid application is certified complete, or on
the 46th day following the submission of the application, in the event
the Board fails to make a determination of completeness, as the case
may be, the applicable time period within which the Board must act
upon the application shall commence. In any case, the applicant is
obliged to prove that he or she is entitled to approval of the application.
The Board may subsequently require correction of any information found
to be in error, may require submission of additional information not
specified in this chapter, and/or may require revisions in the application
documents; as are reasonably necessary to make an informed decision
as to whether the requirements for approval of the application have
been met, provided that the application shall not be deemed incomplete
for lack of any such additional information or revisions.
3.
Promptly after certification of completeness, the application documents
shall be distributed by the Administrative Officer to the following:
a.
The Planning Board, (nine copies each of final plat or plan and the
application);
b.
Sussex County Planning Board (one copy each of the final plat or
plan and the application);
c.
Planning Board Attorney, (one copy each of the final plat or plan
and the application);
d.
Borough Engineer (one copy each of the final plat or plan);
e.
Zoning Officer (one copy each of the final plat or plan);
f.
Borough Clerk (one copy each of the final plat or plan and the application
for the Borough files);
g.
Borough Fire Prevention Official (one copy each of the final plat
or plan);
h.
At the direction of the Planning Board, additional copies of the
final plat or plan and/or other items of submitted information shall
be sent to other professional consultants as may be designated by
the Board.
4.
The Board shall take action of final site plan and final subdivision
applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute approval of the application.
5.
Any designated Site Plan/Subdivision Review Committee shall read
any written report submitted concerning the application and shall
review the submission to ascertain its conformity with the requirements
of this chapter; the Committee shall offer its recommendations to
the Board.
6.
If the Board acts favorably on the final plat or plan, the Borough
Engineer and the Chairman and Secretary of the Board (or the acting
Chairman or Secretary, where either or both may be absent) shall affix
their signatures to at least 10 paper copies of the plat or plan with
the notification that it has been approved. The applicant shall furnish
such copies to the Board for signing. Moreover, in the case of final
subdivisions only, the applicant shall include for signing one cloth
copy and at least two mylar copies of the approved plat in addition
to the 10 paper copies.
7.
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with Section 30-706 G. of this chapter:
a.
Borough Clerk (one paper copy);
b.
Borough Engineer (one paper copy and, in the case of subdivisions
only, one mylar copy drawn to the tax map scale of one inch equals
100 feet or one inch equals 400 feet, as directed by the Borough Engineer);
c.
Zoning Officer (one paper copy);
d.
Borough Tax Assessor (one paper copy);
e.
The Applicant (one paper copy and, in the case of subdivisions only,
one mylar copy); and
f.
Such other Borough, County or State agencies and officials as directed
by the Board.
8.
Within 95 days of the date of approval by the Board of a final subdivision
plat, the subdivider shall file a copy of same with the Sussex County
Clerk. In the event of the failure to file within said 95 days, approval
of the major subdivision shall expire and any further proceedings
shall require the filing of a new application as in the first instance.
The Board, for good cause shown, may extend the filing for an additional
95 days.
9.
If the Board, after consideration and discussion of the final plat
or plan, disapproves the submission, a notation to that effect shall
be made by the Chairman of the Board on the plat or plan. The Secretary
of the Board, within 10 days of such adoption, shall notify the applicant
of such disapproval and forward the applicant a copy of the adopted
resolution setting for the reasons for the disapproval.
D.
Effect of Final Approval.
1.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two years from the
date of final approval:
a.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
b.
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three extensions.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Section 30-805 D,1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The developer may apply for thereafter, and the Board may thereafter
grant, an extension to final approval for such additional period of
time as shall be determined by the Board to be reasonable taking into
consideration:
[Amended by Ord. No. 5-07 § 901]
A.
Every application for development shall be accompanied by check(s)
payable to the Borough of Ogdensburg in accordance with the following
schedule.
|
Type of Application
|
Fee
|
|---|---|
|
Preliminary Site Plan
|
$500
|
|
Final Site Plan
|
$500
|
|
Minor Subdivision
|
$500
|
|
Prelim. Major Subdivision (<10)
|
$1,000
|
|
Major Subdivision (<10)
|
$1,000
|
|
Major Subdivision (>10)
|
$1,000
|
|
Final Major Subdivision (<10)
|
$1,000
|
|
Final Major Subdivision (>10)
|
$1,000
|
|
Fee
| |
|---|---|
|
Variances (Residential):
| |
|
A - Appeal
|
$200
|
|
B - Interpretation
|
$200
|
|
C - Bulk
|
$200
|
|
C - Sheds
|
$150
|
|
C - Decks
|
$150
|
|
D - Use
|
$250
|
|
Variances (Commercial):
| |
|
A - Appeal
|
$500
|
|
B - Interpretation
|
$500
|
|
C - Bulk
|
$500
|
|
D - Use
|
$600
|
|
Variances (Industrial)
| |
|
A - Appeal
|
$500
|
|
B - Interpretation
|
$500
|
|
C - Bulk
|
$500
|
|
D - Use
|
$1,000
|
|
Concept Hearing
|
$500
|
|
Minor
| |
|
Major
| |
|
Special Meeting
|
$1,000
|
|
Extension of Time
|
$600
|
|
Zone Change
|
$400
|
|
Escrow (Residential):
| |
|
Variance AB
|
Minimum $750
|
|
Variance C
|
Minimum $750
|
|
Variance D
|
Minimum $1,250
|
|
Escrow (Commercial):
| |
|
Variance AB
|
Minimum $750
|
|
Variance C
|
Minimum $750
|
|
Variance D
|
Minimum $1,250
|
|
Escrow (Industrial)
| |
|
Variance AB
|
Minimum $750
|
|
Variance C
|
Minimum $750
|
|
Variance D
|
Minimum $750
|
|
Escrow:
| |
|
Minor Site Plan
|
Minimum $750
|
|
Preliminary Site Plan
| |
|
Residential
|
$1,500/acre plus $50/dwelling unit for multifamily; $0.20 square
feet gross building area; minimum $2,500
|
|
Nonresidential
|
$1,500/acre plus $50/dwelling unit for multifamily; $0.20 square
feet gross building area; minimum $2,500
|
|
Final Site Plan
| |
|
Residential
|
$500/acre plus $25/dwelling unit for multifamily; $0.05/gross
building area; minimum of $1,000
|
|
Nonresidential
|
$500/acre plus $25/dwelling unit for multifamily; $0.05/gross
building area; minimum of $1,000
|
|
Subdivision
| |
|
Minor
|
$500
|
|
Preliminary Major
|
$2,000 plus $200/lot; minimum $3,000
|
|
Final Major
|
$500 plus $75/lot; minimum $1,000
|
|
Concept Plan for Review
| |
|
Minor
|
$500
|
|
Major
|
$1,000
|
|
Zone Changes
|
Minimum $2,000
|
|
Extension of Time
|
Minimum $750
|
|
Informal Meeting
|
$1,000
|
B.
Application and Escrow Charges.
1.
The application fee is a flat fee to cover administrative expenses
and is nonrefundable. The escrow account is established to cover the
costs of professional services including any necessary studies regarding
"off tract" improvements. Sums not utilized in the review process
shall be returned to the applicant.
Applications fees and escrow charges shall be paid by separate
checks in the separate amounts required by this chapter.
2.
If the amount of any escrow account, as required by this chapter,
falls during the course of an application to less than 15% of the
original amount posted, then, upon notice of the same from the Board
Secretary, the applicant shall, within 30 days, bring said escrow
account to a level of at least 25% of the original escrow deposit.
Should an applicant not comply with the foregoing, the reviewing Board
may deny the application without prejudice for failure to post the
additional required escrow deposit. Within 90 days of such a denial
without prejudice, the applicant may reinstate the application without
payment of additional fees, other than the escrow deficit.
3.
In addition to the above, the reviewing Board may condition any approval
granted upon the payment within a specified time period of any required
escrow fees; and said reviewing Board may, as a part of said condition,
void or rescind any approval if said timely payment is not made.
C.
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
D.
Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application (as set forth above) and for inspection of the improvements. All such costs for review, unless otherwise paid as referred to above, must be paid before any approved plat, plan or deed is signed and all inspection fees must be paid in accordance with Section 30-902 D of the chapter before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or Certificate of Occupancy issued. Payment of any bill rendered by a professional to the municipality with respect to any service for what the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment to a professional be delayed pending reimbursement from an applicant.
A.
Requirements Specific to Subdivisions.
1.
No final major subdivision application (whether for an entire tract
or a section thereof) shall be approved by the Board until the satisfactory
completion and performance of all required public improvements has
been certified to the Board by the Borough Engineer unless the owner
shall have performed the following:
a.
Satisfactorily completed all required utility installations and their
appurtenances, including water mains, drainage and detention facilities,
culverts, storm sewers, sanitary sewers or dry sewers and public improvements
of open space;
b.
Satisfactorily completed all required grading and the "macadam base
course" surfacing of all streets;
c.
Satisfactorily completed the construction of all required curbs;
and,
d.
Filed with the Borough a performance guarantee in accordance with Section 30-902 C of this chapter, sufficient in amount to cover the cost of all remaining required improvements, as estimated by the Borough Engineer, and assuring the installation of said improvements on or before an agreed date and as hereinafter provided.
2.
The reviewing Board may require, as a part of preliminary approval,
the installation of streets and curbs as a part of the first phase
of development, in which case the above referred to requirements shall
apply.
3.
Except as hereafter provided, the remaining required improvements
shall be at least 50% completed as to each category set forth in the
performance guarantee within one year from the date of final approval
or by such time as 50% of the lots in the section in question have
been conveyed in any manner by the applicant, whichever shall first
occur. At least 75% of the remaining required improvements shall be
completed as to each category as set forth in the performance guarantee
within 18 months from the date of final approval, or at such time
as 75% of the lots in the section in question have been conveyed in
any manner by the applicant; whichever shall first occur. Such improvements
shall be 100% completed and accepted by the Borough within two years
from the date of final approval or at such time as all of the lots
in the section in question have been conveyed in any manner by the
applicant, whichever shall first occur. It is the intention of the
Borough Council that these requirements will provide to those living
in each new section of a subdivision a lot that is as complete as
possible with respect to tract and individual improvements.
B.
Requirements Specific to Site Plans.
1.
No final major site plan application (whether for an entire tract or a section thereof) shall be approved by the Board unless: a) the Borough Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed or, b) the applicant, with the approval of the Planning Board or Zoning Board of Adjustment, as the case may be, has entered into developer's agreement with the Borough in a form satisfactory to the Borough Attorney and authorized by the Governing Body, requiring the installation and maintenance by the applicant (and the applicant's successors in interest) of the public improvements, imposing such limitations upon, and/or staging of, the development of the site as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with Section 30-902 C of this chapter.
2.
Notwithstanding the above, the reviewing Board shall have the discretionary
power, as part of the application for preliminary approval, to require
the developers agreement referred to above, within a specified time
if it so desires.
3.
For purposes of this chapter section, the term "public improvements"
shall mean streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, surveyor's monuments, water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation devices, landscaping,
public improvements of open space and other on-site improvements.
C.
Performance Guarantee.
1.
A performance guarantee estimate shall be prepared by the applicant's
engineer and submitted to the Borough Engineer for review and approval,
setting forth all required improvements as determined by the Board
and their estimated cost. Any adjustment in the amount of performance
guarantee shall be approved by resolution of the Borough Council.
2.
The applicant shall present two copies of the performance guarantee
in an amount equal to 120% of the approved performance guarantee estimate
for approval as to form and execution by the Borough Attorney; additional
copies of the performance guarantee shall be forwarded by the owner
to the Planning Board Attorney.
3.
The performance guarantee shall be made payable and deposited to
the Borough of Ogdensburg and shall be in the form of cash, irrevocable
letter of credit or certified check or a performance bond in which
the applicant shall be principal, the bond to be provided by an acceptable
surety company licensed to do business in the State of New Jersey.
The Borough shall issue its receipt for such deposits and shall cause
the same to be deposited in the name of the Borough to be retained
as security for completion of all requirements and to be returned
to the owner on completion of all required work or, in the event of
default on part of the applicant, to be used by the Borough to pay
the cost and expense of obtaining completion of all requirements.
4.
10% of the amount of the approved performance guarantee shall be
deposited by the applicant in cash with the Borough. The remaining
90% may be in cash, irrevocable letter of credit or surety bond. In
the event of default, the 10% cash shall be first applied to the completion
of the requirements and any bidding and legal costs associated therewith,
and the remaining 90% cash, letter of credit, or surety bond shall
thereafter be resorted to, if necessary, for the completion of the
requirements and any additional bidding and legal costs associated
therewith.
5.
The type of performance guarantee required may be designated as a
condition of preliminary or final approval by the reviewing Board.
D.
Start of Construction. Construction pursuant to a site plan or subdivision
approval shall not commence until:
1.
The applicant has paid all fees required by this chapter;
2.
The applicant has received all other governmental approvals required
by the Board's resolution of Memorialization granting subdivision
and/or site plan approval;
3.
The applicant has met or satisfied all conditions of all previous
approvals;
4.
All revisions to the submitted plat or plan required by the Board
at the time of subdivision or site plan approval have been filed with
and approved by the Borough Engineer and any other individual or group
as may have been specified by the Board in the applicable resolution
of Memorialization granting subdivision and/or site plan approval;
5.
The applicant's construction plans have been filed with and approved
by the Borough Engineer;
E.
Inspection and Tests.
1.
All site improvements and utility installations for site plans, subdivisions,
plot plans and other realty improvements shall be inspected during
the time of their installation under the supervision of the Borough
Engineer to insure satisfactory completion. The cost of said inspection
shall be the responsibility of the owner who shall pay to the Borough
Treasurer a sum equal to 4% of the amount of the estimated developer
construction costs as approved by the Borough Engineer.
2.
In no case shall any paving work be done without permission from
the Borough Engineer. At least two working days' notice shall be given
to the Borough Engineer prior to any construction so that he or a
qualified representative may inspect the work to be done.
3.
Streets shall not be paved with a top course until all heavy construction
is completed and, if determined by the Borough Engineer to be necessary,
the macadam base course has first been restored. Shade trees shall
not be planted until all grading and earth moving is completed. The
placing of surveyor's monuments shall be among the last operations.
4.
The Borough Engineer's office shall be notified at least two working
days prior to the commencement of the following phases of work so
that he or a qualified representative may inspect the work:
a.
Blasting.
b.
Road subgrade.
c.
Curb and gutter forms.
d.
Curbs and gutters.
e.
Road paving.
f.
Sidewalk forms.
g.
Sidewalks.
h.
Drainage pipes and other drainage construction.
i.
Street name signs.
j.
Monuments.
k.
Sanitary sewers.
l.
Detention and/or retention basins.
m.
Topsoil, seeding and planting.
n.
Underground utilities.
5.
Any improvement installed contrary to the plan or plat approval by
the Borough shall constitute just cause to void the municipal approval.
6.
Any improvement installed without notice for inspection pursuant to section 30-902 D,4 hereinabove shall constitute just cause for:
a.
Removal of the uninspected improvement;
b.
The payment by the developer of any costs for material testing;
c.
The restoration by the developer of any improvements disturbed during
any material testing; and/or
d.
The issuance of a "stop work" order by the Borough Engineer pending
the resolution of any dispute.
7.
Inspection by the Borough of the installation of improvements and
utilities shall not operate to subject the Borough of Ogdensburg to
liability for claims, suits or liability of any kind that may at any
time arise because of defects or negligence during constructions or
at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractor, if any.
8.
Upon the completion or substantial completion of all required appurtenant
utility improvements, and the connection of same to the public system,
the obligor may notify the Borough Council in writing, by certified
mail in care of the Borough Clerk, of the completion or substantial
completion of the improvements and shall simultaneously send to the
Borough Engineer a certified copy thereof. Within 10 working days
of receipt of the notice, the Borough Engineer shall inspect all the
improvements of which such notice has been given and file a detailed
report, in writing, with the Borough Council, indicating either approval,
partial approval or rejection of such improvements, with a statement
of the reasons for any rejection. The costs of the improvements as
approved or rejected shall be set forth.
F.
Release,
The Borough Council shall approve, partially approve or reject
the improvements, on the basis of the report from the Borough Engineer,
and shall notify the obligor, in writing, by certified mail, of the
Engineer's report and the action of the Borough Council, not later
than 65 days after the receipt of the notice of the obligor of the
completion or substantial completion of the improvements. Failure
of the Borough Council to send or provide such notification to the
obligor within the 65 days shall be deemed to constitute approval
of the improvements and the obligor and the surety, if any, shall
be released from all liability pursuant to the performance guarantee
for such improvements.
1.
Where partial approval is granted, the obligor shall be released
from all liability pursuant to the performance guarantee for such
improvements not yet approved; provided that 30% of the performance
guarantee posted may be retained to ensure the completion of all improvements
and that said 30% may be applied against all improvements, regardless
of when completed.
2.
If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the Borough Council as specified in Section 30-902 E,8 of this chapter and the same procedures shall be followed as in the first instance.
3.
Bonds, if any, shall be released first; cash shall be released last.
G.
Conditions and Acceptance of Improvements.
The approval of any application for development by the Borough
shall in no way be construed as acceptance of any street or drainage
system or other improvement. No improvements shall be accepted by
the Borough Council unless and until all of the following conditions
have been met:
1.
The Borough Engineer shall have certified in writing that the improvements
are completed and that they comply with the requirements of this chapter.
2.
The final application for development shall have been approved by
the Board.
3.
The owner shall have filed with the Borough Council a maintenance
guarantee in an amount equal to and not more than 15% of the cost
of installing the improvements. The maintenance guarantee shall run
for a period of two years. The procedures and requirements governing
such maintenance guarantee shall be identical with the procedures
and requirements for a performance guarantee set forth in this chapter.
The requirements for a maintenance guarantee may be waived by the
Borough Council only if the Borough Engineer has certified that the
improvements have been in continuous use for not less than two years
from the date the Borough Engineer certified completion of such improvements
and that during this period the owner has maintained the improvements
in a satisfactory manner; and
4.
An "as built" plan and profiles of all utilities and roads (three
black and white prints plus a mylar copy to be sent to the Borough
Engineer), with certification signed and sealed by a New Jersey licensed
professional engineer as to the actual construction as approved by
the Borough Engineer, shall be provided.
H.
Extension of Time. The time allowed for the installation of the improvements
for which the performance guaranty has been provided may be extended
by the Borough Council by resolution, provided that the current cost
of installation of such improvements shall first be redetermined by
the Borough Engineer, and if such current cost is found to be greater
than the cost as originally determined, the applicant shall be required
to increase the amount of the performance guaranty to an amount equal
to 120% of the installation cost as redetermined. In the event that
the redetermined cost shall be less than the cost as originally determined,
and in further event that the applicant's performance guaranty exceeds
120% of such redetermined costs, the applicant shall be entitled to
a reduction of the performance guaranty to an amount equal to 120%
of such redetermined costs.
A.
Required Improvements. Applicants shall be required, as a condition
of preliminary or final approval of a subdivision, site plan or conditional
use, to pay their pro rata share of the cost providing reasonable
and necessary street improvements and/or water, sewerage and drainage
facility improvements, and any necessary easements therefore, located
outside the property limits of the subject premises, but indicated
in the Borough Master Plan and necessitated or required by construction
or improvements within such subdivision or development. The following
criteria shall be utilized in determining the developer's proportionate
pro rata monetary share for the necessary off-tract developments.
B.
Improvements to be Constructed at the Expense of the Developer. In
cases where the need for an off-tract improvement is reasonably created
by the proposed subdivision or development and where no other property
owners receive a special benefit thereby (as opposed to a mere incidental
benefit), the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract and dedicate such lands to the Borough of Ogdensburg
or Sussex County or, in lieu thereof, require the subdivider or developer
to deposit with the Borough a sum of money sufficient to allow the
Borough to acquire and/or improve such lands on conditions it may
deem appropriate under the circumstances.
C.
General Standards for Other Improvements.
In cases where the need for any off-tract improvement to be
implemented now or in the future is reasonably necessitated by the
proposed development application, and where it is determined that
properties outside the development also will be benefited by the improvement,
the following criteria, together with the provisions or rules and
regulations of the Borough of Ogdensburg or any department thereof,
may be utilized in determining the developer's proportionate share
of such improvements.
1.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
a.
The capacity and design of the sanitary sewer system shall be based
on the Rules and Regulations for the Preparation and Submission of
Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and all Borough of Ogdensburg sewer design standards or
SCMUA standards, including infiltration standards.
b.
Developer's pro rata share:
(1)
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total development drainage basin, no improvement or enlargement cost
will be assigned to the developer although some charges including,
but not limited to, capacity charges may be imposed. If the existing
system does not have adequate capacity for the total development drainage
basin, the prorated enlargement or improvement share shall be computed
as follows:
Developer's Pro-Rated Share\Total Enlargement = Development
gpd\Total Tributary gpd
(2)
If it is necessary to construct a new system in order to develop
the subdivision or development, the pro-rated enlargement share to
the developer shall be computed as follows:
Developer's Pro-Rated Share\Total Project Cost = Development
Tributary gpd\Total Tributary gpd to New System
(3)
Specific plans for the improved system or the extended system
shall be prepared by the developer's engineer and submitted to the
Planning Board or Zoning Board of Adjustment, as the case may be,
during the time period when the Board is reviewing the proposed subdivision
and/or site plan application. The total cost for the improvement and
the developer's pro-rated share of the total cost shall be calculated
by the developer's engineer, submitted to the Board, reviewed by the
Borough Engineer, and approved by the Planning Board or Zoning Board
of Adjustment, as the case may be, with any reasonable adjustments
to the estimated costs, at the time when preliminary approval of the
application for development is granted.
2.
Roadways.
For street widening, alignment, channelization of intersection,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
a.
The applicant's engineer shall provide the Borough Engineer with
the existing and anticipated peak-hour volumes which impact the off-tract
areas in question, which volumes shall analyze pedestrian, bicycle
and motor vehicle traffic.
b.
The applicant shall furnish a plan for the proposed off-tract improvements,
which shall include the estimated peak-hour traffic generated by the
proposed development. The ration of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The pro-rated share shall
be computed as follows:
Developer's Pro-Rated Share\Total Cost of Roadway Improvement
and/or Extension = Additional Peak-Hour Traffic Generated by the Development\Future
Total Peak-Hour
c.
Specific plans for the roadway improvement and/or extension shall
be prepared by the developer's engineer and submitted to the Planning
Board or Zoning Board of Adjustment, as the case may be, during the
time period when the Board is reviewing the proposed subdivision and/or
site plan application. The total cost for the improvement and/or extension
and the developer's prorated share of the total cost shall be calculated
by the developer's engineer, submitted to the Board, reviewed by the
Borough Engineer, and approved by the Planning Board or Zoning Board
of Adjustment, as the case may be, with any reasonable adjustments
to the estimated costs, at the time when preliminary approval of the
application for development is granted.
D.
Escrow Accounts.
Where the proposed off-tract improvement is to be undertaken
at a future date, funds required for the improvement shall be deposited
to the credit of the Borough of Ogdensburg in a separate account until
such time as the improvement is constructed. In lieu of a cash escrow
account, the developer may present irrevocable letters of credit for
the term in a form acceptable to the Borough Attorney. If the off-tract
improvement is not begun within 10 years of the deposit, all monies
and interest shall be returned to the applicant or the letter of credit,
as the case may be, surrendered. An off-tract improvement shall be
considered "begun" if the Borough of Ogdensburg has taken legal steps
to provide for the design and financing of such improvements.
E.
Referral to Borough Council.
1.
Where applications for development suggest the need for off-tract
improvements, whether to be installed in conjunction with development
in question or otherwise, the Planning Board or the Zoning Board of
Adjustment, as the case may be, shall forthwith forward to the Borough
a list and description of all such improvements together with a request
that the Borough Council determine and advise the Board of the procedure
to be followed in construction or installation thereof, including
timing. The Board shall defer final action upon the subdivision or
site plan until receipt of the Borough Council determination or the
expiration of 90 days after the forwarding of such list and description
to the Borough Council without determination having been made, whichever
comes sooner.
2.
The Borough Council, within 90 days after receipt of said list and
description, shall determine and advise the Planning Board or Zoning
Board of Adjustment, as the case may be, concerning the procedure
to be followed and advise the Board with regard to suggested conditions
of approval, if any, to adequately protect the municipality.
3.
In the event that the Planning Board or Zoning Board of Adjustment,
as the case may be, is required by statute to act upon the application
prior to receipt of the Borough Council's determination as to construction
of off-tract improvements, it shall request the application to consent
to an extension of time within which to act, of sufficient duration
to enable the Borough Council to make the aforesaid determination.
In the event that the applicant is unwilling to consent to the requested
extension of time, the Planning Board or Zoning Board of Adjustment,
as the case may be, shall, in its discretion, either itself determine
the procedure to be followed in constructing the aforesaid improvements,
or shall condition its approval upon the subsequent determination
of the Borough Council.
F.
Implementation of Off-Tract Improvements.
1.
In all cases, developers shall be required to enter into an agreement
or agreements with the Borough Council in regard to off-tract improvements,
within one year from the date of municipal subdivision and/or site
plan approval and in accordance with this chapter and any other ordinances,
policies, rules and regulations of the Borough of Ogdensburg, Sussex
County and the State of New Jersey and any departments, authorities
or agencies thereof.
Should such an agreement or agreements not be entered into within
the aforesaid one year time period, or within such extended time period
as may be granted by the Borough Council the municipal subdivision
and/or site plan approval shall be deemed null and void.
2.
Where properties outside the subject tract will be benefited by the improvements, the Borough Council may require the applicant to escrow sufficient funds, in accordance with Section 30-903 D hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3.
Where properties outside the subject tract will be benefited by the
improvements, the Borough Council may determine that the improvement
or improvements are to be installed by the municipality as a general
improvement, the cost of which is to be borne as a general expense.
If the Borough Council shall determine that the improvement or improvements
shall be constructed or installed as a general improvement, the Borough
Council may direct the Planning Board to estimate, with the aid of
the Borough Engineer or such other persons who have pertinent information
or expertise, the amount, if any, by which the total cost thereof
will exceed the total amount by which all properties, including the
subject tract, will be specifically benefitted thereby, and the subdivider
or developer shall be liable to the municipality for such expense.
4.
If the Borough Council shall determine that the improvement or improvements
shall be constructed or installed as a local improvement, all or part
of the cost of which is to be assessed against properties benefitted
thereby in proportion to the benefits conferred by the improvements
in accordance with Chapter 56 of Title 40 of the Statutes of the State
of New Jersey, the developer may be required to sign an agreement
acknowledging and agreeing to this procedure and, in addition, the
Borough Council may require that the developer shall be liable to
the municipality, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, the difference between the total cost actually incurred
and the total amount by which all properties, including the subject
tract, are specially benefited by the improvement.
5.
If the Borough Council shall determine that the improvements are
to be constructed or installed by the applicant, such agreement may
contain provisions, consistent with the standards in this chapter
and any other rules, regulations or policies of the Borough of Ogdensburg,
County of Sussex and the State of New Jersey and any departments,
authorities or agencies thereof with jurisdiction therein, whereby
the applicant shall be reimbursed by the municipality or otherwise,
as a result of any participation fees, connection charges, charges
paid in regard to developers agreements with other applicants and
the like, all in accordance with an agreement between the Borough
Council and the applicant.
6.
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the Borough
Council shall be guided by the following standards and considerations:
a.
The local trends in regard to the probability of development within
the drainage or circulation area in question and the intensity of
such development;
b.
The risk and exposure that neighboring areas are subject to in the
event that the improvements to be required are delayed;
c.
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger, regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located; and
d.
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the of the off-tract improvement.
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough of Ogdensburg. Any action
taken by the Borough under the terms of this Land Development Regulations
shall give primary consideration to the above mentioned matters and
to the welfare of the entire municipality.
[Ord. No. 09-2019]
It shall be the duty of the Borough Engineer, the Borough Construction
Official and the Borough Zoning Officer to administer and enforce
the provisions of this chapter.
A.
Borough Engineer.
1.
It shall be the duty of the Borough Engineer to monitor all land
disturbances and all land improvements undertaken in the Borough pursuant
to approval of a subdivision and/or site plan in accordance with the
applicable provisions of this chapter.
2.
Prior to the commencement of any land disturbance or any land improvement,
the developer shall arrange for, and attend, a preconstruction meeting
with the Borough Engineer. At said meeting, the subject subdivision
plat and/or site plan shall be identified, marked and dated by the
Borough Engineer with an acknowledgement as to its conformity to the
subdivision and/or site plan approved by the Planning Board or Zoning
Board of Adjustment, as the case may be, including any conditions
of approval written in the approval resolution. Thereafter, the marked
and dated subdivision and/or site plan shall be filed in the office
of the Borough Clerk.
3.
The Borough Engineer shall issue a written communication to the developer
within 10 days after the pre-construction meeting, either:
a.
Authorizing the commencement of land disturbance and/or land
improvement in accordance with the approved plat or plan, including
any conditions of approval written in the approval resolution, and
in accordance with any and all limitations and/or conditions as deemed
appropriate by the Borough Engineer specifically enumerated; or
b.
Denying the commencement of land disturbance and/or land improvement,
with the reasons for such denial specifically enumerated.
A copy of the written communication shall be immediately filed
in the office of the Borough Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or the
Chairman of the Zoning Board of Adjustment, as the case may be, and
to the Board's Attorney.
4.
In accordance with Section 30-902 D of this Land Development chapter, all improvements for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer. At the time of inspection, in addition to an evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Borough Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvements, whether completed or under construction, be found by the Borough Engineer to be contrary to the subdivision and/or site plan as approved by the Planning Board or Zoning Board of Adjustment, including any imposed conditions, such fact shall immediately be orally communicated to the developer or his/her appropriate representative on site and, thereafter, shall be communicated by the Borough Engineer in writing to the developer or his/her attorney.
A copy of the written communication shall be immediately filed
in the office of the Borough Clerk, and additional copies shall be
immediately forwarded to the Chairman of the Planning Board or to
the Chairman of the Zoning Board of Adjustment, as the case may be,
and to the Board's Attorney.
5.
On the day following the oral communication to the developer or his/her
representative, the improvement found by the Borough Engineer to be
contrary to the subdivision and/or site plan shall be corrected so
as to conform to the approved subdivision and/or site plan, or the
Borough Engineer shall:
a.
Issue a "stop work" order pending the correction of said improvement
or the resolution of any dispute; and/or
b.
Refer the matter via a written communication to the Planning
Board or Zoning Board of Adjustment, as the case may be, for its review
of the matter and reconsideration of its prior approval(s).
6.
The developer immediately shall comply with any issued "stop work"
order and/or any other conditions imposed by the Borough Engineer;
otherwise the Borough Engineer shall communicate in writing within
two working days the particulars of the developer's noncompliance
to the Attorney of the Planning Board.
B.
Construction Official.
1.
It shall be the duty of the Construction Official to monitor the construction of any building or structure in the Borough. Where a construction permit is required, no new structure and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with Section 30-1002 D of this chapter.
2.
It shall be the duty of the Construction Official to keep a record
of all applications and all construction permits which are either
issued or denied, with notations of any conditions involved, including
the actual elevation (NGVD) of the lowest floor area of any structure
and/or the elevation to which a structure has been flood-proofed in
flood plain areas, which data shall form a part of the Borough public
records. A monthly report of construction permits shall be filed with
the Tax Assessor and the Borough Council.
3.
Should any construction, whether completed or in process, be found
by the Construction Official to be contrary to the approved construction
plans and/or the Uniform Construction Code of the State of New Jersey,
such fact shall immediately be orally communicated to the land owner
or his/her appropriate representative on-site and, thereafter, shall
be communicated by the Construction Official in writing the landowner
or his/her attorney.
A copy of the written communication shall be immediately filed
in the office of the Borough Clerk, and additional copies shall be
immediately forwarded to the Mayor and to the Borough Attorney.
4.
On the day following the oral communication to the landowner or his/her
representative, the construction improvement found by the Construction
Officer to be contrary to the approved construction plans and/or the
Uniform Construction Code shall be corrected so as to conform to the
applicable construction requirements, or the Construction Official
shall:
5.
The landowner immediately shall comply with any issued "stop work"
order and/or any other conditions imposed by the Construction Official;
otherwise the Construction Official shall communicate in writing within
two working days the particulars of the landowner's non-compliance
to the Borough Attorney.
C.
Zoning Officer.
1.
It shall be the duty of the Zoning Officer to inspect the uses, land
and structures in the Borough and order the owner in writing to remedy
any condition found to exist in violation of any provision of this
chapter and/or any approved subdivision and/or site plan by the Planning
Board or Zoning Board of Adjustment, as the case may be, including
any conditions of approval written in the approval resolution; no
structure or land shall be used in violation of this chapter and/or
any approved subdivision and/or site plan.
2.
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this chapter and/or any
approved subdivision and/or site plan, such fact shall immediately
be orally communicated to the landowner or his/her appropriate representative
on-site and, thereafter, shall be communicated by the Zoning Officer
in writing to the landowner or his/her attorney.
A copy of the written communication shall be immediately filed
in the office of the Borough Clerk, and additional copies shall be
immediately forwarded to the Borough Attorney and to the Chairman
of the Planning Board or to the Chairman of the Zoning Board of Adjustment,
as the case may be, and to the Board Attorneys.
3.
On the day following the oral communication to the landowner or his/her
representative, the use, land or structure found by the Zoning Officer
to exist in violation of any provision of this chapter and/or any
approved subdivision and/or site plan, shall be corrected so as to
conform to this chapter and any subdivision and/or site plan approval,
or the Zoning Officer may revoke the Certificate of Occupancy and,
in any case, shall notify the Borough Attorney and the Borough Engineer
of the violation via a written communication.
D.
Construction Permits.
1.
Every application for a construction permit shall be accompanied by two sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon; the exact location, size and height of all existing and proposed structures and substructures; all existing easements; a delineation of any and all "critical areas" as defined in Section 30-200 of this chapter; the existing or intended use of each structure; the number of dwelling units the structure is designed to accommodate; the number and location of off-street parking spaces and off-street loading areas; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Land Development Regulations. All dimensions on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed surveyor in the State of New Jersey.
2.
The fee for each construction permit shall be governed by the terms
of the ordinance entitled "An Ordinance of the Borough of Ogdensburg
in the County of Sussex establishing a State Uniform Construction
Code Enforcing Agency and A Construction Fee Schedule, pursuant to
Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the
New Jersey Administrative Code," including any amendments or supplements
which may from time to time be adopted.
3.
A construction permit shall be granted or denied in writing within
10 days of a complete application unless additional time is agreed
upon in writing by the applicant. One copy of such plans shall be
returned to the owner when such plans have been approved or denied
by the Construction Official together with such permit as may be granted.
4.
The lot and the location of the structure(s) thereon shall be staked
out on the grounds before construction is started and a copy of the
construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon.
5.
No construction permit shall be issued for any structure until prior
site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate Federal, State, County or municipal
agency or agencies in accordance with the provisions of this chapter
and until all review and inspection fees have been paid.
E.
Certificate of Occupancy.
1.
It shall be unlawful to use or permit the use of any structure or part(s) thereof until a Certificate of Occupancy shall have been issued by the Construction Official. Any change of use from one category of permitted use to another category of permitted use, in accordance with the applicable listings of permitted uses in Sections 30-400 and/or 30-600 of this chapter, shall require a new Certificate of Occupancy.
Additionally, any use requiring site plan approval pursuant to Section 30-800 of this chapter shall require a new Certificate of Occupancy. It shall be the duty of the Construction Official to issue a Certificate of Occupancy only when:
a.
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
Borough;
b.
Prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this chapter.
c.
A letter from each utility company has been received by the
Borough stating that the utility has been installed and has been inspected
in accordance with the approved plan and is ready for use.
2.
Certificate of Occupancy/Approval.
a.
The fee for a Certificate of Occupancy shall be in the amount
of 10% of the new construction permit fee which should be charged
by the department pursuant to these regulations. The minimum fee shall
be $85 except for one or two family (Use Group R-4 and R-4) structures
of less than 5,000 square feet in area and less than 35 feet height
and structures on farms (regardless of height) used exclusively for
storage of food or grain or sheltering of livestock, for which the
minimum fee shall be: $40.
b.
Change of use certificate of occupancy fee: $120.
c.
Certificate of continued occupancy fee: $100.
d.
There shall be no fee for a temporary Certificate of Occupancy:
$0.
e.
Certificate of Approval fee: $20.
3.
Waiver of Fees.
The Borough of Ogdensburg shall waive all construction code
fees for the following:
a.
As per the "State Uniform Construction Code Act," N.J.S.A. 52:27D-126,
52:27D-126a, 52:27D-126b and 52:27D-126c.
b.
Municipally-owned buildings.
c.
Ogdensburg Fire Department.
d.
Ogdensburg First Aid Squad.
e.
Lt. Robert A. Madden VFW Post #10152.
f.
Ogdensburg Historical Society.
g.
All other applicants seeking to request waiver of construction
fees must make application to the Construction Official. Applicants
that are denied waiver of fees by the Construction Official shall
have the right of appeal before the Borough Council.
4.
Unless additional time is agreed upon the applicant in writing, a
Certificate of Occupancy shall be granted or denied in writing within
20 days from the date that a written notification and a certified
location or field survey, signed and sealed by a New Jersey State
Licensed Surveyor, is filed with the Construction Official stipulating
that the erection of the structure and all required site improvements
are completed.
5.
With respect to any finally approved subdivision and/or site plan
or subsection thereof a Certificate of Occupancy shall be issued only
upon the completion of the following improvements as such improvements
may be required as part of subdivision and/or site plan approval:
a.
Curbs.
b.
All utilities.
c.
Water supply and sewerage treatment facilities, which shall
be functioning and servicing the property.
d.
Storm drainage facilities.
e.
Final grading of the property.
f.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of the street or streets serving the property.
g.
Base course (in the case of subdivisions) or final course (in
the case of site plans) of driveways and parking areas.
h.
Landscaping.
i.
Any other improvements or conditions required as part of subdivision
and/or site plan approval.
6.
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a Certificate of Occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in Section 30-1002 E,4 hereinabove, to the extent the same are required as part of a subdivision and/or site plan approval:
7.
A copy of any issued Certificate of Occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request. Additionally, a copy of an issued Certificate of Occupancy
shall be provided by the Construction Official to the Secretary of
the Planning Board or to the Secretary of the Zoning Board of Adjustment,
as the case may be, for placement in the applicable site plan or subdivision
application file.
8.
Should the Construction Official decline to issue a Certificate of
Occupancy, his reason for doing so shall be stated on two copies of
the application and one copy shall be returned to the applicant.
9.
A Temporary Certificate of Occupancy may be issued for any new structure or use for which approval has been granted although not all conditions of said approval have been complied with. Such Temporary Certificate of Occupancy shall be issued only in extenuating circumstances and only with the concurrent written approval of the Borough Engineer, Construction Official and Zoning Officer who, together, shall establish specific terms and conditions, including, but not limited to, a timetable not exceeding 90 days for the installation of the uncompleted improvements, and the receipt of a performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with Section 30-902 of this chapter. Any Temporary Certificate of Occupancy beyond a 90 day time period may only be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
10.
A monthly report of the Certificates of Occupancy issued shall
be filed with the Tax Assessor. A record of all Certificates of Occupancy
shall be kept in the office of the Construction Official and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in the structure or land affected. The charge of
each copy shall be established by resolution of the Borough except
that there shall be no charge to a municipal agency.
11.
The following shall be prohibited until a Certificate of Occupancy
is issued by the Construction Official:
a.
Occupancy and use of a structure erected, constructed, restored,
altered or moved, when such erection, construction, restoration, alteration
or movement required a construction permit.
b.
Occupancy, use or change in use of vacant land, other than for
agricultural purposes.
d.
Any change in the use of a nonconforming use or nonconforming
structure.
A.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Borough which has been part of a subdivision
since July 14, 1973 may apply in writing to the Administrative Officer
for the issuance of a certificate certifying whether or not such subdivision
has been duly approved by the Planning Board.
1.
Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. A fee in accordance with Section 30-901 of this chapter shall be paid to the Administrative Officer, payable of the Borough, for the requested certificate.
2.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his or her office.
3.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
a.
Whether there exists a duly established Planning Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
b.
Whether the subdivision, as it relates to the land shown in
the application, has been approved by the Planning Board and, if so,
the date of such approval, any conditions attached to such approval
and any extensions and terms thereof showing that the subdivision,
of which the subject lands are a part, is a validly existing subdivision;
and
c.
Whether such subdivision, if the same has been approved, is
statutorily exempt from the requirements of approval as provided in
N.J.S.A. 40:55D-1 et seq. and as defined in this chapter.
[Ord. No. 02-10]
A.
Fines and Penalties.
1.
For violation of any provision of this chapter or other ordinance
of the Borough of Ogdensburg, unless a specific penalty is otherwise
provided in connection with the provisions violated, the maximum penalty
upon conviction of the violation shall be one or more of the following:
imprisonment in the County Jail or in any place provided by the municipality
for the detention of prisoners, for any term not to exceed 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days, or any combination thereof in the discretion
of the Municipal Court Judge.
2.
Whenever a fine is to be imposed in an amount greater than $1,250
for violations of housing or zoning codes the owner shall be provided
a thirty-day period during which the owner shall be afforded the opportunity
to cure or abate the condition and shall be afforded the opportunity
for a hearing before the Court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if the Court has determined
that the abatement has not been substantially completed. (N.J.S.A.
40:49-5)
3.
The following individuals shall be subject to potential punishment:
4.
Each day that violation continues shall constitute a separate offense.
5.
The imposition of penalties herein shall not preclude the Borough
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, or use
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building land or premises.
B.
Injunctive Relief. In addition to the foregoing, the Borough may
institute and maintain a civil action for injunctive relief.
A.
If before final subdivision has been granted, any person, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which municipal approval is
required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
The Planning Board or Zoning Board of Adjustment, as the case may be, when acting upon an application for development, shall have the power to grant exceptions from the requirements specified in Sections 30-500 and 30-800 of this chapter for such application for development if an applicant or his or her agent can clearly demonstrate that, because of peculiar enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board or Zoning Board of Adjustment, as the case may be, must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
This chapter may be amended from time to time by the Borough
Council after the appropriate referrals, notices, hearings and other
requirements of law.
If any section, paragraph, subsection, clause or provision of
this chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged and the remainder of this chapter shall be deemed
valid and effective.
All sections of the Borough Code which contain provisions contrary
to the provisions of this chapter shall be and hereby are repealed.
This chapter shall take effect immediately upon passage and
publication, and a filing of a copy thereof with the Sussex County
Planning Board, as provided by law.
