Residential districts, designated by R in this chapter, are established in order to achieve the general goals as enumerated in Section 53-83 and for the following specific purposes:
A.
To protect residential areas against fire, explosion, noxious fumes,
offensive noise, vibrations, smoke, dust, odors, heat, glare and other
objectionable influences.
B.
To protect residential areas against the intrusion of abnormal vehicular
traffic and to provide space for off-street parking.
C.
To protect residential areas against congestion by regulating the
bulk of buildings in relation to the land around them and to provide
sufficient space in appropriate locations for residential development
to meet the needs of probable expansion in population.
D.
To protect those quasi-residential uses which require a residential
environment and which provide essential health and welfare services
for the residents.
[Amended 2-27-1990 by Ord. No. 0-1-90]
The following regulations shall apply in the RA Residential
Zone:
B.
Permitted accessory uses.
(1)
Private garage space for the storage of motor vehicles.
(2)
Private recreational facilities such as but not limited to: swimming
pools, tennis courts, ice-skating rinks, basketball courts, etc.,
but these uses shall not be conducted as a business, and provided
that all lighting shall be directed away from all adjacent lots.
(3)
Fences, walls, hedges, etc.
C.
Conditional uses permitted upon application and approval.
(1)
Schools.
(2)
Libraries.
(3)
Structures for public utilities and municipal services as necessary
to provide adequate service and protection to the surrounding area,
subject to the provisions of this chapter.
(4)
The offices of any member of a recognized profession who resides
on the same lot and provided that not more than 50% of the gross habitable
floor area is utilized for office space.
(5)
Public parks, playgrounds and public recreational uses.
(6)
Two-family dwellings.
[Added 11-7-84 by Ord. No. 1120]
D.
Bulk regulations. The requirements for this RA District of lot area
and width, yard dimensions, building coverage and height shall be
as listed in the Bulk Schedule Requirements attached to and made part
of this chapter.
E.
Permitted signs.
(1)
One nonilluminated residential nameplate sign situated within the
property line and not exceeding one square foot in area on any surface.
(2)
One nonflashing, nonilluminated temporary sign pertaining to the
lease or sale of the same lot or building upon which it is placed,
situated within the property lines and the premises to which it relates
and not exceeding four square feet in area on any one side. The sign
must be removed from the premises within two days after the property
has been sold.
(3)
One nonflashing illuminated sign identifying a school, church, public
park or other such permitted use, located no less than 10 feet from
any street or property line and not exceeding 10 square feet in area
on any one side.
(4)
No freestanding sign shall be erected closer to any front or side
lot line than 10 feet.
F.
Parking and other provisions and requirements. Off-street parking
space with appropriate access thereto shall be provided on the same
lot it is intended to serve, in accordance with the following minimum
standards:
RSIS Standards
2 bedroom 1.5
3 bedroom 2.0
4 bedroom 2.5
5 bedroom 3.0
[New]
G.
Prohibited uses.
(1)
All nonresidential uses such as but not limited to: institutional,
commercial and industrial uses, including signs.
(2)
All residential uses not specifically permitted in this zone.
(3)
No omnibus, truck with a gross weight in excess of 10,500 pounds,
tractor, trailer nor commercial vehicle licensed to transport more
than one and one-half (1 1/2) tons shall be parked in or upon
any street in this zone in front of any lot or portion of a lot unless
said vehicle is properly garaged.
The following regulations shall apply in the RB Residential
Zone:
B.
Permitted accessory uses.
(1)
Private garage space for the storage of motor vehicles.
(2)
Private recreational facilities such as but not limited to: swimming
pools, tennis courts, ice-skating rinks, basketball courts, etc.,
but these uses shall not be conducted as a business, and provided
that all lighting shall be directed away from all adjacent lots.
(3)
Fences, walls and hedges.
C.
Conditional uses permitted upon application and approval.
(1)
The offices of any member of a recognized profession who resides
on the same lot and provided that not more than 50% of the habitable
floor area is utilized for office space.
(2)
Charitable and philanthropic institutions and community services,
including hospitals.
(3)
Churches, temples and schools conducted by religious and charitable
institutions.
(4)
Structures for public utilities and municipal services as necessary
to provide adequate service and protection to the surrounding area,
subject to the provisions of this chapter.
(5)
Public parks, playgrounds and public recreational uses.
D.
Bulk regulations. The requirements for this RB District of lot area
and width, yard dimensions, building coverage and height shall be
as listed in the Bulk Schedule Requirements attached to and made part
of this chapter.
E.
Permitted signs.
(1)
One nonilluminated residential nameplate sign situated within the
property line and not exceeding one square foot in area on any surface.
(2)
One nonflashing, nonilluminated temporary sign pertaining to the
lease or sale of the same lot or building upon which it is placed,
situated within the property lines and the premises to which it relates
and not exceeding four square feet in area on any one side. The sign
must be removed from the premises within two days after the property
has been sold.
(3)
One nonflashing illuminated sign identifying a school, church, public
park or other such permitted use, located no less than 10 feet from
any street or property line and not exceeding 10 square feet in area
on any one side.
(4)
No freestanding sign shall be erected closer to any front or side
lot line than 10 feet.
G.
Prohibited uses.
(1)
All nonresidential uses such as but not limited to: institutional,
commercial and industrial uses, including signs.
(2)
All residential uses not specifically permitted in this zone.
(3)
No truck, tractor, trailer nor commercial vehicle licensed to transport
more than one ton shall be parked in or upon any street in this zone
in front of any lot or a portion of a lot unless said vehicle is properly
garaged.
The following regulations shall apply in the RC Residential
Zone:
B.
Permitted accessory uses.
(1)
All necessary accessory uses as permitted in the RA Zone and subject
to all regulations as specified herein.
(2)
Off-street parking garages and parking lots for required parking
as stipulated herein.
(3)
Private recreational facilities such as but not limited to: swimming
pools, tennis courts, ice-skating rinks, basketball courts, etc.,
but these uses shall not be conducted as a business, and provided
that all lighting shall be directed away from all adjacent lots.
(4)
Fences, walls and hedges.
C.
Conditional uses permitted upon application and approval.
(1)
The offices of any member of a recognized profession who resides
on the same lot and provided that not more than 50% of the habitable
floor area is utilized for office space.
(2)
Churches, temples and schools conducted by religious and charitable
institutions.
(3)
Structures for public utilities and municipal services as necessary
to provide adequate service and protection to the surrounding area,
subject to the provisions of this chapter.
(4)
Public parks, playgrounds and public recreational uses.
F.
Parking and other provisions and regulations.
(1)
Parking. Off-street parking space with appropriate access thereto
shall be provided on the same lot or tract it is intended to serve
in accordance with the following minimum standards:
(2)
Townhouse provisions.
(a)
At least 70% of the proposed townhouse dwelling units shall
consist of two-bedroom townhouses, and not more than 30% of the proposed
dwelling units shall be three-bedroom townhouses. No four-bedroom-or-larger
townhouses are permitted.
(b)
At least 10% of the gross site area shall be developed as recreational
space intended to serve the active and passive recreation needs of
the proposed townhouse residents. The proposed recreation area plan
shall be submitted for review and approval.
(c)
A five-foot-wide densely planted screening and buffer area shall
be created at all property lines and around the periphery of the project.
(d)
The minimum bulk requirements for each townhouse unit are set
forth in Column RM-T of the Bulk Schedule Requirements. Additionally,
each proposed townhouse development, in order to qualify for application
of townhouse standards, must comply with the following gross site
criteria:
[Amended 2-27-1990 by Ord. No. 0-1-90]
The following regulations shall apply in the RM Multifamily
Residential Zone:
C.
Conditional uses permitted upon application and approval of the Planning
Board.
(1)
All conditional uses as specified in the RC Zone and subject to all
regulations specified herein.
(2)
Regularly organized public schools offering a curriculum limited
to nursery, primary or secondary level only (not including colleges,
trade schools, business schools and the like offering such a curriculum).
Any school shall comply with all standards and requirements established
by the New Jersey Department of Education.
[Added 9-14-1993 by Ord.
No. 15-93]
(3)
Municipal community facilities.
[Added 9-14-1993 by Ord.
No. 15-93]
F.
Parking and other provisions and regulations.
(1)
Parking. Off-street parking space with appropriate access thereto
shall be provided on the same lot or tract it is intended to serve,
in accordance with the following minimum standards:
(2)
Garden apartment provisions.
(a)
Minimum floor areas shall conform to the most recent standards
of the New Jersey Housing Finance Agency.
(b)
At least 40% of the gross site area shall be landscaped in accordance
with a plan prepared by a landscape architect.
[New]
(c)
At least 10% of the gross site area shall be developed as recreational
space intended to serve the active and passive recreation needs of
the residents of the proposed garden apartment development. The proposed
recreation area plan shall be submitted for review and approval.
(3)
Townhouse provisions.
(a)
At least 70% of the proposed townhouse dwelling units shall
consist of two-bedroom townhouses, and not more than 30% of the proposed
dwelling units shall be three-bedroom townhouses. No four-bedroom-or-larger
townhouses are permitted.
(b)
Minimum dwelling unit floor areas shall conform to the standards
of the New Jersey Housing Finance Agency.
(c)
At least 10% of the gross site area shall be developed as recreational
space intended to serve the active and passive recreation needs of
the proposed townhouse residents. The proposed recreation area plan
shall be submitted for review and approval.
(d)
A twenty-five-foot-wide densely planted screening and buffer
area shall be created at all property lines and around the periphery
of the project.
(e)
The minimum bulk requirements for each townhouse unit are set
forth in Column RM-T of the Bulk Schedule Requirements. Additionally,
each proposed townhouse development, in order to qualify for application
of townhouse standards, must comply with the following gross site
criteria:
(4)
Multilevel dwelling provisions.
[Added 8-2-83 by Ord. No. 1100]
(a)
The minimum level of acceptability, design and construction
of the project shall meet or exceed the standards of United States
Department of Housing and Urban Development for minimum property standards
for multifamily housing.
(b)
The property shall be used and maintained without trespass upon
adjoining properties.
(c)
Utilities and other services shall be independent of any other
properties.
(d)
Community facilities and services shall be reasonably accessible
to the site.
(e)
The site shall be free of hazards which may affect the health
and safety of the occupants or the structural integrity of the structure.
(f)
Access to each unit shall be provided without passing through
any other living units.
(g)
Each building shall have direct and adequate pedestrian access
from the project parking areas.
(h)
The primary entrance shall be designed to meet the access requirements
of the physically handicapped.
(i)
The site plans shall coordinate with all existing and proposed
plans for the surrounding portions of the community. The plans shall
be arranged so as to harmonize with and complement functions and appearance
of surrounding areas which have a significant bearing on the site.
Where surrounding areas have incongruous or undesirable visual conditions,
buffers or screening devices shall be employed.
[1]
The site design shall make maximum use of solar orientation
to achieve maximum energy conservation.
[2]
In review of the site plan, the appropriate agencies shall take
cognizance of the following:
[a]
The property has adequate visual appeal.
[b]
The property can be operated and maintained at
costs reasonably related to income.
[c]
The local land use and other site planning standards
are being met.
[d]
Zoning and other regulations are complied with.
[e]
The site plan relates properly to topography of
the site.
[f]
The site plan is properly oriented to sources of
adverse noise so as to minimize undesirable levels.
[g]
The site plan provides adequate open space for
outdoor living areas, all facilities, services and amenities for interior
natural light, air and privacy. Undesirable window views of rooms
for daytime use shall be avoided.
[3]
The density of the project, recreational and other spaces shall
be determined by characteristics of the site, its location, land cost
and requirements of the project.
[4]
Lots, yards and building setback distances shall be arranged
to ensure adequate distance between the buildings and the property
lines and adjoining streets so as to provide reasonable privacy and
minimize the adverse effects of traffic, noises, fumes, headlight
glare and other occupants of the project. Side and rear yards and
distance between buildings shall be as defined in the bulk schedule
and supplemented thereto by the requirements of the HUD provisions
for multifamily dwellings as an absolute minimum.
G.
Prohibited uses.
(1)
All nonresidential uses such as but not limited to: commercial, institutional
and industrial uses, public and semipublic uses.
(2)
All residential uses not specifically permitted in this zone.
(3)
No omnibus, truck with a gross weight in excess of 10,500 pounds,
tractor, trailer nor commercial vehicle licensed to transport more
than one and one-half (1 1/2) tons shall be parked in or upon
any street in this zone in front of any lot or portion of a lot unless
said vehicle is properly garaged.
[Amended 11-18-2002 by Ord. No. 22-2002]
The General Business Zone is to provide retail uses that provide
shopping goods and services required to meet the needs of residents
in the immediate vicinity or neighborhood. It is specifically for
retail sales and services in the older established areas of the City.
The following regulations shall apply in the B-1 General Business
Zone:
A.
Permitted principal uses: antique shops, apparel, appliance stores,
artist's supply, bakery shops, banks and fiduciary institutions, barber
shops/hair salons, beauty and cosmetic shops, bicycle shops, book/periodical/newspaper
shops, professional offices, butcher shops/meat markets (no slaughtering
permitted), candy shops, card shops, ceramic shops, cigars and tobacco
sales, coin dealers, dairy products, delicatessens, drug stores, finance
companies, florists, fruit stores and vegetable markets, gift shops,
grocery stores, hardware stores, hobby shops, ice cream shops, jewelry
stores, libraries, liquor stores, locksmiths, luncheonettes (non-drive-in),
musical instrument stores, newsstands, paint/glass/wallpaper stores,
pet shops, pharmacies, photography studios, police/fire/first aid
uses, post offices, real estate/insurance, record/CD/DVD shops, restaurant
(non-drive-in), seafood stores, shoe/hat repair shops, specialty food
stores, stationery stores, tailors, taverns, television/radio electronic
sales and service, travel agencies, churches, personal services, government
offices, and schools.
[Amended 11-18-2002 by Ord. No. 22-2002]
B.
Permitted accessory uses.
(1)
Off-street parking spaces.
(2)
Off-street loading spaces.
(3)
Residential use over top of commercial uses, apartment not occupying
ground floor, not exceeding 49% of total combined floor area and not
accommodating more than two families.
(4)
Storage of goods under roof and enclosed, incidental to conduct of
the principal commercial activity.
C.
Special exceptions permitted upon application and approval of the
Board of Adjustment.
D.
Bulk regulations are as specified in the Bulk Schedule Requirements
attached to and made a part of this chapter.
E.
Permitted signs.
(1)
Illuminated nonflashing business signs, provided that the total area
of any sign shall not exceed 50 square feet.
(2)
One nonilluminated professional nameplate sign situated within the
property line and not exceeding one square foot in area on any one
side.
(3)
One nonflashing, nonilluminated temporary sign pertaining to the
lease or sale of the same lot or building upon which it is placed,
situated within the property lines and the premises to which it relates
and not exceeding four square feet in area on any one side. The sign
must be removed from the premises within two days after the property
has been sold.
(4)
No neon sign or similar illuminated advertisements shall be of such
a color or located in such a fashion as to diminish or detract in
any way from the effectiveness of any traffic signal or similar official
safety or warning device.
F.
Parking and other provisions and requirements.
(1)
Off-street parking facilities, in addition to all other parking and
off-street facilities required, on the basis of one space for every
dwelling unit in accordance with the provision of this section.
(2)
For permitted business and service establishments: Professional offices
1/300 sf, Medical offices 1/100 sf, Retail 1/300 sf. (New)
(3)
Off-street loading berths for all retail, office and commercial establishments
having a gross floor area in excess of 10,000 square feet: one loading
berth for every 10,000 square feet or fraction thereof of gross floor
area.
(4)
Public and private parking lots are permitted.
G.
Prohibited uses.
(1)
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
(2)
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
(3)
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
(4)
Meeting halls, fast-food or drive-in-type restaurants, junkyards.
(5)
No omnibus, truck with a gross weight in excess of 10,500 pounds,
tractor, trailer nor commercial vehicle licensed to transport more
than one and one-half (1 1/2) tons shall be parked in or upon
any street in this zone in front of any lot or portion of a lot unless
said vehicle is properly garaged.
[Amended 2-27-1990 by Ord. No. 0-1-90]
(6)
Gasoline, filling stations automobile repair/body shops.
[Added 11-18-2002 by Ord.
No. 22-2002]
(7)
Outside storage.
[Added 11-18-2002 by Ord.
No. 22-2002]
H.
Special Design Districting along Broadway.
The governing body of the City of South Amboy has established
a Special Design District (SDD), created to regulate the architectural
and visual appearance of building facades, structures, signs, fences
and appurtenances within the B-1 General Business District situated
along Broadway. The boundaries of the SDD shall be coincident with
the boundaries of the B-1 General Business District along Broadway
as indicated on the Zoning Map of the City of South Amboy dated 1983,
as revised.[1]
[Adopted by Ord. No. 18-1993; amended by Ord. No. 12-1995]
[1]
Editors Note: Ord. Nos. 18-1993 and 12-1995 can be found on
file at the City offices.
I.
Conditional uses upon application and approval.
[Added 9-16-2020 by Ord.
No. 10-2020]
(1)
Vaping products/e-cigarettes. The location and operation of establishments
that are involved in the sale of vaping products/e-cigarettes shall
be a conditional use within the B-1 General Business District of the
City subject to the following conditions.
(a)
That the subject premises are not within 500 meters of any of
the following:
[1]
Nursery schools;
[2]
Pre-schools;
[3]
Child, adult, or special needs day-care centers;
[4]
Elementary, middle, or high schools;
[5]
State or county universities or colleges;
[6]
Other schools not falling within the definition of Subsection I(1)(a)[4] and ;
[7]
Funeral homes;
[8]
Health services facilities;
[9]
Other vaping/e-cigarette establishments;
[10]
Assisted living facilities;
[11]
Church or other pieces of worship, Sunday school, church or
religious school;
[12]
Parks, playgrounds, and commercial recreational facilities.
The following regulations shall apply in the B-2 Highway Commercial
Zone:
A.
Permitted principal uses.
(1)
All uses permitted in the B-1 District, subject to all regulations
specified for the B-1 District.
(2)
Retail integrated developments of such uses as retail stores and
shops, personal service establishments, department stores, professional
and business offices, banks, post offices, restaurants, theaters and
auditoriums, housed in an enclosed building or buildings and utilizing
such common facilities as customer parking areas, pedestrian walks,
truck loading and unloading space, utilities and sanitary facilities
and other necessary and appropriate uses, subject to and in conformance
with the regulations specified herein.
C.
Conditional uses permitted upon application and approval.
(1)
Filling stations.
(2)
Motels.
(3)
Alcoholic and/or narcotic and/or drug abuse treatment centers.
[Added 7-13-81 by Ord. No. 1066]
(4)
Sale of vaping products and e-cigarettes.
[Added 9-16-2020 by Ord.
No. 11-2020]
(a)
The location and operation of establishments that are involved in the sale of vaping products/e-cigarettes shall be a conditional use within the B-2 Highway Commercial Zone of the City, subject to the provisions of Subsection C(4)(b), below.
(b)
Conditions.
[1]
That the district permits retail sales activities;
[2]
That the subject premises is not within 500 meters of any of
the following:
[a]
Nursery schools;
[b]
Pre-schools;
[c]
Child, adult, or special needs day-care centers;
[d]
Elementary, middle, or high schools;
[e]
State or county universities or colleges;
[g]
Funeral homes;
[h]
Health services facilities;
[i]
Other vaping/e-cigarette establishments;
[j]
Assisted living facilities;
[k]
Church or other pieces of worship, Sunday school,
church or religious school;
[l]
Parks, playgrounds, and commercial recreational
facilities.
D.
Bulk regulations are as specified in the Bulk Schedule Requirements
attached to and made part of this chapter for the B-2 Zone.
E.
Permitted signs.
(1)
One nonflashing, nonilluminated sign indicating permitted professional
offices, provided that such signs shall not exceed one square foot.
(2)
One sign shall be permitted for each permitted use and may be an
illuminated business sign, provided that the total area of any such
sign shall not exceed 150 square feet. Such signs shall be displayed
so as not to project more than 15 inches from the surface of the building
or beyond the ends of the building.
(3)
Accessory business signs on awnings or marquees as permitted by the
Uniform Construction Code and this chapter.
(4)
Identification signs. Freestanding signs may be erected to identify
a shopping center and to list individual occupants, provided that
not more than one such sign shall be erected for 300 feet of frontage
on a public street, and further provided that the aggregate area of
all sides of any such sign shall not exceed 200 square feet. Such
signs may be illuminated, but shall not be of the flashing type, shall
not exceed the height of the principal building, shall not be located
within 50 feet of a public street or parking area driveway or within
200 feet of the boundary of a residence zone and shall in no way interfere
with the safe functioning of any traffic control signal, directional
device or sight distance.
(5)
Directional signs (ingress). One freestanding sign may be erected
at each driveway which provides a means of ingress for off-street
parking facilities on the premises, relating only the name of the
use of the facility and appropriate traffic instructions, and such
sign shall not exceed 10 square feet in area for each of two faces,
shall be mounted so as not to obstruct vision for a height of seven
feet above ground level and shall not exceed 10 feet in height.
(6)
Directional signs (egress). Freestanding signs may be erected on
the premises for the purpose of providing directions to traffic leaving
the premises, and such signs shall not exceed 10 square feet in area
on each of two sides, shall be mounted so as not to obstruct vision
for a height of seven feet above ground level and shall not exceed
10 feet in height.
(7)
Traffic control signs. Freestanding signs may be erected which are
necessary to control and regulate the movement of traffic on the interior
roadways on the premises, provided the number and location of such
signs are approved by the Planning Board. Such signs shall not exceed
four square feet in area and shall not exceed a height of six feet.
(8)
Parking lot signs. Freestanding signs may be erected within the parking
areas to identify particular areas or sections of the parking lot,
provided that not more than one such sign shall be permitted for each
40,000 square feet of parking area, and further provided that such
signs shall not exceed an area of three square feet on each of four
faces nor exceed a height of 25 feet. All of the above-described signs
must be mounted not less than 10 feet above the ground.
(9)
One temporary real estate sign as identified in the B-1 Zone.
F.
G.
Prohibited uses.
(1)
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
(2)
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
(3)
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
(4)
Meeting halls, fast-food or drive-in-type restaurants, junkyards,
livestock and poultry keeping.
The M-1 Light Industrial Zone is created to achieve the following
specific goals:
A.
To provide sufficient space in appropriate locations for attractive,
modern, landscaped industrial complexes which do not create any hazards
or create noise, vibrations, smoke, dust, odors, heat, glare and other
objectionable influences, such as heavy trucking, which would be offensive
to adjoining lands that require an environment free from these influences.
B.
To provide protection for nonindustrial zones or uses bordering the
Light Industrial Zone or in close proximity thereto.
[Added 12-31-1998 by Ord.
No. 37-1998]
The following regulations shall apply in the M-1 Light Industrial
Zone:
A.
Permitted principal uses.
(1)
Business, professional and governmental offices.
(2)
Research, experimental and testing laboratories.
(3)
Wholesale offices and showrooms with accessory storage of goods.
(4)
Screened storage and warehousing.
[Amended 12-31-1998 by Ord. No. 37-1998; 7-15-2020 by Ord. No. 08-2020]
(5)
Light industrial manufacturing, processing and assembling.
B.
Permitted accessory uses.
(1)
Off-street parking, loading and ramp area.
(2)
Enclosed warehousing and storage of goods and products.
[Amended 7-15-2020 by Ord. No. 08-2020]
(3)
Garage space necessary to store any vehicles on the premises.
(4)
Railroad sidings and facilities.
(5)
Water dependent uses.
[Added 7-15-2020 by Ord.
No. 08-2020]
(6)
Waterfront walkway.
[Added 7-15-2020 by Ord.
No. 08-2020]
C.
Conditional uses permitted upon application and approval.
(1)
Structures for public utilities and municipal services as necessary
to provide adequate service and protection.
D.
Bulk regulations are as specified in the Bulk Schedule Requirements
attached to and made part of this chapter for the M-1 Zone.
F.
Parking and other provisions and requirements.
(1)
Off-street parking space with appropriate access thereto shall be
provided on the same lot it is intended to serve, as follows:
(a)
Professional offices — 1/300 sf of gross floor area,
Medical offices — 1/100 sf of gross floor area,
Manufacturing/Warehouse/Processing Uses — 1/employee at
maximum shift plus 10% for visitors.
[New]
(b)
Not more than two two-way driveways as means of ingress and
egress for parking areas shall be permitted for each 400 feet of frontage
on a public street, nor shall any such driveway be located within
200 feet of the intersection of two public streets.
(c)
Off-street parking areas for visitors and/or employees shall
be designed to provide for a convenient flow of circulation.
(2)
Truck loading and unloading areas shall be provided to permit the
transfer of goods and products in other than a public street, off-street
parking area or required front yard area, at the rate of one space
for each 15,000 square feet of gross floor area.
(3)
All uses permitted in this zone shall set aside 10% of the lot to
be devoted to seeding, planting, retention of tree cover or other
landscaping; this area shall be used for no other purpose, other than
a buffer area as stipulated in this chapter.
(4)
All activities and processes shall take place within an enclosed
building; incidental storage out of doors shall be shielded from view
from public streets and adjacent off-street parking areas by fencing,
landscaping or other appropriate measures. In no case shall the height
of the outside storage exceed the height of the appropriate shielding
methods described above.
[Amended 12-31-1998 by Ord. No. 37-1998]
(5)
None of the above-required off-street parking or off-street unloading
spaces may be applied to more than one requirement, nor may any site
serve more than one function.
(6)
A buffer area shall be established which shall conform to the buffer
requirements of this chapter.
G.
Prohibited uses.
(1)
Residences of any type.
(2)
Retail business of any type, except as otherwise specified.
(3)
Heavy industries or any other use that creates substantial amounts
of offensive noise, vibrations, smoke, dust, odors, heat, glare or
other objectionable influences and creates danger to safety in the
surrounding areas.
(4)
Religious institutions and schools, charitable and philanthropic
institutions.
(5)
Refining, processing, distribution, transmission and storage of any
gasoline or crude oil, or the manufacture of bottled fuel gas or any
of the principal products or by-products of the petrochemical industry.
(6)
Billboards and painted exterior wall signs.
(7)
Any use which may be toxic, lethal, hazardous, dangerous or injurious
to the general health, safety and welfare of the general public.
(8)
Tanks are specifically prohibited except when the material stored
or storage of material is not the principal use of the site but only
provides an ancillary or utility function and not a process function
to the principal use.
(9)
Manufacture, processing or storage of explosives.
(10)
Slaughtering of animals and the rendering of fats and oils.
(11)
Garbage dumps, junkyards, transfer stations and incinerators.
[Amended 12-31-1998 by Ord. No. 37-1998]
(12)
The processing and/or storage of contaminated materials, dredge
materials, hazardous substances and any prohibited uses listed in
the M-2 Heavy Industrial Zone.
The M-2 Heavy Industrial Zone are established to achieve the
following specific purposes:
A.
To protect adjacent residential and commercial areas and the labor
force in other in other establishments engaged in a less offensive
type of manufacturing and other related activities by restricting
those industrial activities which create offensive noise, vibrations,
smoke, dust, odors, heat, glare and other objectionable influences
to those limited areas which are appropriate therefor.
B.
To protect industry and related development against congestion as
far as is possible and appropriate in each area by limiting the bulk
of the buildings in relation to the land around them and to one another.
C.
To protect industry and related activities against congestion as
far as is possible and appropriate in each area by providing space
for off-street parking and loading associated with such activities.
D.
To provide sufficient space in appropriate locations for all types
of industry and related activities and thus strengthen the economic
base of the community.
E.
To ensure that such space will be available for use for industry
and related activities and to protect residences by separating them
from offensive industrial activities and by prohibiting the use of
such space for residential development.
[Amended 12-31-1998 by Ord. No. 37-1998; Ord. No. 15-2018;]
The following regulations shall apply in the M-2 Heavy Industrial
Zone:
A.
Permitted principal uses.
(1)
All uses permitted in the M-1 Light Industrial Zone.
(2)
Open storage, subject to all yard requirements and compliance with
all other applicable law. Industrial storage out of doors shall be
shielded from view from public streets and adjacent off-street parking
areas by fencing, landscaping or other appropriate measures. In no
case shall the height of the outside storage exceed the height of
the appropriate shielding methods describe above.
(3)
All industrial or manufacturing uses not specifically prohibited
under the provisions of this section.
B.
Permitted accessory uses. All accessory uses or buildings the purpose
of which is customarily incidental and subordinate to that of the
principal uses permitted in this district, such as but not limited
to:
(1)
Off-street parking, loading and ramp area, railroad sidings and facilities.
(2)
The warehousing and storage of goods and products which are used
or produced on the premises.
(3)
Garage space necessary to store any vehicles on the premises.
(4)
Marine bulkheads, piers and docks, subject to receipt of all necessary
federal, state and local approvals.
C.
Conditional uses permitted upon application to and approval of the
Planning Board.
(1)
Tanks for storage of material, provided that the cumulative gross
capacity does not exceed 3,000 barrels, and provided that:
(a)
The proposed tank installation and use conform to all applicable
federal, state, county, municipal and regional design and safety standards.
(b)
Spacing of tanks in relation to each other or other structures
shall conform to the distances established in N.J.A.C. or as revised.
(c)
Maximum tank height shall be 35 feet.
(d)
Buffer areas shall be required at tank installations.
(2)
No substance which may be classified as flammable or combustible
under N.J.A.C. or as may be revised.
D.
Bulk requirements are as specified in the Bulk Schedule Requirements
attached to and made part of this chapter for the M-2 Zone.
E.
Permitted signs are as permitted in the M-1 Light Industrial Zone.
F.
Parking and other provisions and requirements. All requirements as
specified in the M-1 Zone.
G.
Prohibited uses.
(1)
All nonindustrial uses, such as but not limited to residential, institutional
and commercial uses and services.
(2)
All natural and synthetic gas production, transfer, processing, storage
or distribution.
(3)
Billboards and painted exterior wall signs.
(4)
Garbage dumps, junkyards, transfer stations and incinerators.
(5)
All tanks are specifically prohibited, except as otherwise noted
in this Article.
(6)
Refining, processing, distribution, transmission and storage of any
gasoline or crude oil, or the manufacture of bottled fuel gas or any
of the principal products or by-products of the petrochemical industry.
(7)
The storage of any substance which may be classified as flammable
or combustible under N.J.A.C.
(8)
The processing and/or storage of contaminated materials, dredge materials,
hazardous substances and any prohibited uses listed in the M-1 Industrial
Zone.
[Amended 6-2-2021 by Ord. No. 08-2021]
A.
Pursuant
to section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, including cannabis cultivators, manufacturers,
wholesalers, distributors, retailers, or cannabis delivery services
are hereby prohibited from operating anywhere in the City of South
Amboy. Delivery of cannabis items and related supplies by a delivery
service from outside the City is permitted only to the extent mandated
by State law. This prohibition shall also apply in those parts of
the City of South Amboy under the jurisdiction and authority of any
independent state agency, commission or authority, notwithstanding
any State law to the contrary.
B.
Businesses
engaged in the growth or sale of medicinal or recreational marijuana
or paraphernalia that facilitates the use of marijuana are prohibited
in all Zoning Districts.
[Added 6-3-2009 by Ord.
No. 11-2009]
A.
Intent and purpose.
(1)
The governing body of City of South Amboy finds that riparian
lands adjacent to streams or other surface water bodies that are adequately
vegetated provide an important environmental protection and water
resource management benefit. It is necessary to protect and maintain
the beneficial character of riparian areas by implementing specifications
for the establishment, protection, and maintenance of vegetation along
the surface water bodies within the jurisdiction of the City of South
Amboy, consistent with the interest of landowners in making reasonable
economic use of parcels of land that include such designated areas.
(2)
The purpose of this Section 53-98.1 is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams and other surface water bodies of the City of South Amboy; to protect the water quality of watercourses and other significant water resources within City of South Amboy; to protect the riparian and aquatic ecosystems of City of South Amboy; to provide for the environmentally sound use of the land resources of City of South Amboy, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives.
(3)
The specific purposes and intent of this Section are to:
(a)
Restore and maintain the chemical, physical, and biological
integrity of the water resources of City of South Amboy;
(b)
Prevent excessive nutrients, sediment, and organic matter, as
well as biocides and other pollutants, from reaching surface waters
by optimizing opportunities for filtration, deposition, absorption,
adsorption, plant uptake, biodegradation, and de-nitrification, which
occur when stormwater runoff is conveyed through vegetated buffers
as stable, distributed flow prior to reaching receiving waters;
(c)
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
(d)
Provide for the availability of natural organic matter (leaves
and twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
(e)
Increase stream bank stability and maintain natural fluvial
geomorphology of the stream system, thereby reducing stream bank erosion
and sedimentation and protecting habitat for aquatic organisms;
(f)
Maintain base flows in streams and moisture in wetlands;
(g)
Control downstream flooding; and
(h)
Conserve the natural features important to land and water resources,
e.g., headwater areas, ground water recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
B.
Statutory authority. The City of South Amboy is empowered to regulate
land uses under the provisions of the New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use in order to protect public health, safety
and welfare by protecting and maintaining native vegetation in riparian
areas. The City of South Amboy is also empowered to adopt and implement
this Ordinance under provisions provided by the following legislative
authorities of the State of New Jersey:
(1)
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
(2)
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3)
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et
seq.
(4)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(5)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
C.
ACID PRODUCING SOILS
ADMINISTRATIVE AUTHORITY
APPLICANT
CATEGORY ONE WATERS OR C1 WATERS
CATEGORY TWO WATERS OR C2 WATERS
FLOODWAY
INTERMITTENT STREAM
LAKE, POND, OR RESERVOIR
PERENNIAL STREAM
RIPARIAN ZONE
RIPARIAN ZONE MANAGEMENT PLAN
SURFACE WATER BODY
THREATENED OR ENDANGERED SPECIES
Definitions.
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
The Planning Board, Board of Adjustment, Construction Official,
Code Enforcement Officer or City Engineer with all of the powers delegated,
assigned, or assumed by them according to statute or ordinance.
A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Section 53-98.1, and that would be located in whole or in part within a regulated Riparian Zone.
The meaning ascribed to this term by the Surface Water Quality
Standards, N.J.A.C. 7:9B, for purposes of implementing the anti-degradation
policies set forth in those standards, for protection from measurable
changes in water quality characteristics because of their clarity,
color, scenic setting, and other characteristics of aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, or exceptional fisheries resources.
Currently there are no category one waters within the South Amboy
City limits.
Those waters not designated as Outstanding Natural Resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the anti-degradation policies
set forth in those standards.
The meaning ascribed to this term by the Flood Hazard Area
Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated
there under published at N.J.A.C. 7:13 et seq., and any supplementary
or successor legislation and regulations from time to time enacted
or promulgated.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the County Soil Surveys; that is an impoundment,
whether naturally occurring or created in whole or in part by the
building of structures for the retention of surface water. This excludes
sedimentation control and stormwater retention/detention basins and
ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or in the County Soil Surveys.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
County Soil Surveys. There is no riparian zone along the Atlantic
Ocean nor along any manmade lagoon or oceanfront barrier island, spit
or peninsula.
A plan approved by the City Engineer for the City of South
Amboy. The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity or use on any riparian zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Non-game
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the
Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent
amendments thereto.
D.
Establishment of riparian zones.
(1)
Riparian zones adjacent to all surface water bodies shall be
protected from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 150 feet wide along both sides of
the following waters;
[1]
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the surface water body
for survival, and all upstream waters (including tributaries) within
one linear mile as measured along the length of the surface water
body; and
[2]
Any segment of a surface water body flowing through an area
that contains acid producing soils.
(b)
For all other surface water bodies, a riparian zone of 50 feet
wide shall be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface
water body is measured landward from the top of bank. If a discernible
bank is not present along a surface water body, the portion of the
riparian zone outside the surface water body is measured landward
as follows:
(a)
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's centerline;
(b)
Along a non-linear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(c)
Along a non-linear tidal water, such as a bay or inlet, the
riparian zone is measured landward of the mean high water line; and
(d)
Along an amorphously-shaped feature such as a wetland complex,
through which water flows but which lacks a definable channel, the
riparian zone is measured landward of the feature's centerline.
Where slopes (in excess of 15%) are located within the designated
widths, the riparian zone shall be extended to include the entire
distance of this sloped area to a maximum of 300 feet.
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Subsection D (1)(a) or D (1)(2) above, whichever area has the greatest extent.
Requests for alterations to the adopted delineations can be
provided to the New Jersey Department of Environmental Protection
for consideration if site specific information is available.
(3)
A riparian zone is an overlay to the existing zoning districts.
The provisions of the underlying district shall remain in full force
and effect except where the provisions of the riparian zone differ
from the provisions of the underlying district, in which case the
provision that is more restrictive shall apply. These provisions apply
to land disturbances resulting from or related to any activity or
use requiring application for any of the following permits or approvals:
(4)
A map of the riparian zones of the entire municipality of the
City of South Amboy, including all land and water areas within its
boundaries, which designates surface water bodies, is included as
part of the Zoning Map as an overlay. Maps of the municipality on
which these designations have been overlain shall be on file and maintained
by the offices of the City Engineer of the City of South Amboy. This
map conforms to all applicable laws, rules and regulations applicable
to the creation, modification and promulgation of zoning maps.
(5)
It shall be the duty of the City Engineer of the City of South Amboy, every second year after the adoption of this Section 53-98.1, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under Subsection K., and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
(6)
The applicant or designated representative shall be responsible
for the initial determination of the presence of a riparian zone on
a site, and for identifying the area on any plan submitted to the
City of South Amboy in conjunction with an application for a construction
permit, subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the City Engineer.
(7)
The municipal Master Plan provides the legal basis for zoning
and land use regulation at the local level. The technical foundation
for local riparian zones in this municipality should be incorporated
into the Master Plan.
(8)
Exemptions. Instead of the riparian zone protection requirements
above, the applicant must demonstrate compliance with one of the following:
(a)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route;
(b)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection;
(c)
The proposed disturbance of a riparian zone is necessary to
provide for public pedestrian access or water dependent recreation
that meets the requirements of the Freshwater Wetlands Protection
Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules,
N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7;
(d)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et
seq. or the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
(e)
The proposed disturbance is for redevelopment that does not
exceed the limits of existing impervious surfaces;
(f)
The proposed disturbance would prevent extraordinary hardship
on the property owner peculiar to the property; or prevent extraordinary
hardship, provided the hardship was not created by the property owner,
that would not permit a minimum economically viable use of the property
based upon reasonable investment; and/or
E.
Uses permitted in riparian zones.
(1)
Any riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this ordinance may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, re-grading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this Subsection E. The following uses shall be permitted within a riparian zone:
(a)
Open space uses that are primarily passive in character shall
be permitted by right to extend into a riparian zone, provided near
stream vegetation is preserved. Such uses include wildlife sanctuaries,
nature preserves, forest preserves, fishing areas, game farms, fish
hatcheries and fishing reserves, operated for the protection and propagation
of wildlife, but excluding structures. Such uses also include passive
recreation areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trails have
been stabilized with pervious materials.
(b)
Fences, for which a permit has been issued by the Construction
Code Office, to the extent required by applicable law, rule or regulation.
(c)
Crossings by farm vehicles and livestock, recreational trails,
roads, railroads, storm water lines, sanitary sewer lines, water lines
and public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the City Engineer, provided that any applicable State
permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved Riparian Zone
Management Plan and that the area of the crossing is stabilized against
significant erosion due to its use as a crossing.
(d)
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved Riparian Zone Management Plan, or
wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to approval by the
City Engineer and subject to compliance with an approved Riparian
Zone Management Plan.
F.
Performance standards for riparian zones.
(1)
All encroachments proposed into riparian zones in South Amboy,
the following conditions shall apply:
(a)
All new major and minor subdivisions and site plans shall be
designed to provide sufficient areas outside of the riparian zone
to accommodate primary structures, any normal accessory uses appurtenant
thereto, as well as all planned lawn areas.
(b)
Portions of lots within the riparian zone must be permanently
restricted by deed or conservation easement held by City of South
Amboy, its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the Office of the Clerk of the
County or the registrar of deeds and mortgages of the County must
be submitted to the municipality. The applicant shall not commence
with the project or activity prior to making this submittal and receiving
actual approval of the plan modification and receipt of any applicable
permits from the New Jersey Department of Environmental Protection.
The recorded conservation restriction shall be in the form approved
by the municipality and shall run with the land and be binding upon
the property owner and the successors in interest in the property
or in any part thereof. The conservation restriction may include language
reserving the right to make de minimus changes to accommodate necessary
regulatory approvals upon the written consent of the municipality,
provided such changes are otherwise consistent with the purpose and
intent of the conservation restriction. The recorded conservation
restriction shall, at a minimum, include:
[1]
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
[2]
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
[3]
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the Office of
the Clerk of the County or the registrar of deeds and mortgages of
the County.
(c)
Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or re-vegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in Subsection J.
(d)
For building lots which exist as of the date of adoption of this Section 53-98.1, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.
(e)
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard For Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3.)
(f)
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in Subsection F(1)(e), then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
G.
Nonconforming structures and uses in riparian zones. Nonconforming
structures and uses of land within the riparian zone are subject to
the following requirements:
(1)
Legally existing but nonconforming structures or uses may be
continued.
(2)
Encroachment within the riparian zone shall only be allowed
where previous development or disturbance has occurred and shall be
in conformance with the Stormwater Management rules, N.J.A.C. 7:8,
and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
(3)
Existing impervious cover shall not be increased within the
riparian zone as a result of encroachments where previous development
or disturbances have occurred.
(4)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under Subsection A., than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this Section 53-98.1.
H.
Uses prohibited in riparian zones.
(1)
Any use or activity within a riparian zone not specifically authorized in Subsection E. or Subsection G. shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
(a)
Removal or clear-cutting of trees and other vegetation or soil
disturbance such as grading, except for selective vegetation removal
for the purpose of stream or riparian area stabilization or restoration
projects that require vegetation removal or grading prior to implementation.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(f)
Parking lots.
(h)
New subsurface sewage disposal system areas. The expansion and
replacement of existing subsurface sewage disposal system areas for
existing uses is permitted.
I.
Activities permitted in riparian zones.
(1)
For all riparian zones within the City of South Amboy, hardship variances may be granted by the Zoning Board of Adjustment in cases of a preexisting lot (existing at the time of adoption of this Section 53-98.1) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided the following demonstrations are made:
(a)
An applicant shall be deemed to have established the existence
of an extreme economic hardship, if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this section
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
[1]
Do not apply to or affect other property in the immediate vicinity;
[2]
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and are not the result of any
action or inaction by the applicant or the owner or his predecessors
in title.
[3]
The necessity of acquiring additional land to locate development
outside the riparian zone shall not be considered an economic hardship
unless the applicant can demonstrate that there is no adjacent land
that is reasonably available or could be obtained, utilized, expanded
or managed in order to fulfill the basic purpose of the proposed activity.
(b)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts
that one of the following applies:
(2)
A variance can only be granted if it is shown that the activity
is in conformance with all applicable local, State, and Federal regulations,
including but not limited to the Stormwater Management rules, N.J.A.C.
7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and
that the exception granted is the minimum relief necessary to relieve
the hardship.
(3)
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in Subsection J below.
J.
Riparian zone management plan.
(1)
Within any riparian zone, no construction, development, use,
activity, or encroachment shall be permitted unless the effects of
such development are accompanied by preparation, approval, and implementation
of a Riparian Zone Management Plan.
(2)
The landowner, applicant, or developer shall submit to the municipality,
or its appointed representative, a Riparian Zone Management Plan prepared
by an environmental professional, professional engineer or other qualified
professional which fully evaluates the effects of any proposed uses
on the riparian zone. The Riparian Zone Management Plan shall identify
the existing conditions including:
(a)
Existing vegetation;
(b)
Field delineated surface water bodies;
(c)
Field delineated wetlands;
(d)
The 100-year floodplain;
(e)
Flood Hazard Areas, including floodway and flood fringe areas,
as delineated by the New Jersey Department of Environmental Protection;
(f)
Soil classifications as found on Soil Surveys;
(g)
Existing subdrainage areas of site with HUC (Hydrologic Unit
Code) 14 designations;
(h)
Slopes in each subdrainage area segmented into sections of slopes
less than 15%; above 15% but less than 20%; and steep slopes greater
than 20%.
The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
a riparian zone, and all proposed management techniques, including
proposed vegetation and any other measures necessary to offset disturbances
to the riparian zone. A discussion of activities proposed as well
as management techniques proposed to offset disturbances and/or enhance
the site to improve the riparian zone's ability to function effectively
as a riparian zone shall also be included with the Riparian Zone Management
Plan submittal to City of South Amboy.
(3)
The Plan shall be reviewed and must be approved by the Engineer
of City of South Amboy, in consultation with the Environmental Commission,
as part of the subdivision and land development process.
(4)
The Riparian Zone Management Plan must include management provisions
in narrative and/or graphic form specifying:
(a)
The manner in which the area within the riparian zone will be
owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
(c)
The professional and personnel resources that are expected to
be necessary, in order to maintain and manage the riparian zone.
(d)
A re-vegetation plan, if applicable, that includes: three layers
of vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that when fully mature, will form an
overhead canopy. Vegetation selected must be native, non-invasive
species, and consistent with the soil, slope and moisture conditions
of the site. The re-vegetation plan shall be prepared by a qualified
environmental professional, landscape architect, or professional engineer,
and shall be subject to the approval of the Engineer of City of South
Amboy, in consultation with the Environmental Commission. Dominant
vegetation in the Riparian Zone Management Plan shall consist of plant
species that are suited to the riparian zone environment. The Engineer
of City of South Amboy may require species suitability to be verified
by qualified experts from the Soil Conservation District, Natural
Resources Conservation Service, New Jersey Department of Environmental
Protection, US Fish and Wildlife Service and/or State or Federal forest
agencies.
(5)
A Riparian Zone Management Plan is not required where the riparian
zone is not being disturbed and conservation easements/deed restrictions
are applied to ensure there will be no future clearing or disturbance
of the riparian zone.
(6)
Performance of the Riparian Zone Management Plan shall be guaranteed
for a minimum of two years by a surety, such as a bond, cash or letter
of credit, which shall be provided to the City of South Amboy prior
to the City of South Amboy issuing any permits or approving any uses
relating to the applicable use or activity.
K.
Boundary interpretation, appeals procedures, inspections, conflicts,
severability.
(1)
When a landowner or applicant disputes the boundaries of a riparian
zone, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the City Engineer that describes the riparian
zone, presents the landowner or applicant's proposed riparian zone
delineation and presents all justification for the proposed boundary
change, including but not limited to, a verification issued under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6.
(2)
Within 45 days of a complete submission of the requirements of Subsection K(1) above, the City Engineer of the City of South Amboy, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Construction Code Official, Planning Board or Zoning Board of Adjustment and the landowner or applicant. Failure to act within the 45-day period shall not be interpreted to be an approval of the proposed boundary change.
(3)
Any party aggrieved by any such determination or other decision or determination under Subsection K(2) may appeal to the Zoning Board of Adjustment under the provisions of this Section 53-98.1. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
(4)
Inspections:
(a)
Lands within or adjacent to an identified riparian zone shall
be inspected by the City Engineer when a subdivision or land development
plan requiring Board action is submitted.
Lands within or adjacent to an identified riparian zone shall
be inspected by the Construction Code Office when a building permit
is requested; a change or resumption of a nonconforming use is proposed;
or a discontinued nonconforming use is resumed more than one year
later.
(b)
The riparian zone may also be inspected periodically by representatives
from City of South Amboy if excessive or potentially problematic erosion
is present, other problems are discovered, or at any time when the
presence of an unauthorized activity or structure is brought to the
attention of municipal officials or when the downstream surface waters
are indicating reduction in quality.
(5)
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this Section 53-98.1 are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
(6)
Severability.
(a)
Interpretation. This section shall be so construed as not to
conflict with any provision of New Jersey or Federal law.
(b)
Notwithstanding that any provision of this section is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the section shall continue to be of full
force and effect.
(c)
The provisions of this section shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
L.
Enforcement. A prompt investigation shall be made by the appropriate
personnel of the City of South Amboy, of any person or entity believed
to be in violation hereof. If, upon inspection, a condition which
is in violation of this section is discovered, a civil action in the
Special Part of the Superior Court, or in the Superior Court, if the
primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil Part, by the filing and
serving of appropriate process. Nothing in this section shall be construed
to preclude the right of City of South Amboy, pursuant to N.J.S.A.
26:3A2-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any provision or subsection of this section shall
constitute a separate and distinct offense independent of the violation
of any other provision or subsection, or of any order issued pursuant
to this section. Each day a violation continues shall be considered
a separate offense.
[Added 8-19-2015 by Ord.
No. 11-2015]
A.
Preamble.
Whereas, on or about October 29, 2012, Super Storm
Sandy ("Storm") severely impacted the Northeast of the United States
including the City of South Amboy coast line; and
Whereas, many city structures sustained severe
wind and flood damage; and
Whereas, to mitigate similar coastal storm damage,
Federal and State authorities have established base flood evaluation
which directly impact reconstruction; and
Whereas, the City of South Amboy seeks to assist
owners in the reestablishment of their lost homes and businesses;
to comply with the newly established regulations and to also maintain
as much as possible, the Pre-Storm zoning conditions.
B.
Relief from bulk requirements.
Those structures so damaged by the Storm such that it is necessary to reconstruct or replace the Pre-Storm structure shall be relieved of the Bulk Requirements of the South Amboy City Code Chapter 53, Article XIX Zoning Regulations ("Code") as follows:
(1)
The maximum height of the new or rebuilt structure shall be
either the Code zoning height restriction or the structure's Pre-Storm
height increased by the additional height required to comply with
any Federal and State first floor elevations, whichever is greater.
As an example, if the Pre-Storm structure was 30 feet in height, and
the applicable base floor elevation is now eight feet, than the maximum
height shall be 38 feet.
(2)
The owner may construct the new or rebuilt structure either
in its Pre-Storm building envelope or relocate the structure on the
building lot to eliminate or lessen the Code zoning bulk restrictions.
(3)
There can be no increase in Pre-Storm bulk variance conditions for the then existing structure except as set forth in Subsection B(1).
(5)
Any owner seeking to reconstruct or rebuild a Pre-Storm structure
shall first apply to the Zoning Officer for a zoning permit and, if
approved, submit for a Builder's Agreement to the City Engineer. Upon
obtaining a zoning permit, and a Builder's Agreement, the owner can
then apply to the Construction Official for a building permit.
[Added 8-25-1999 by Ord.
No. 21-1999]
A.
Statutory authority. The Legislature of the State of New Jersey,
has, in N.J.S.A. 40:55D-1, delegated the responsibility to local government
units to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry. Therefore, the Council
of the City of South Amboy, Middlesex County, New Jersey, does ordain
the following.
B.
Purpose. It is the purpose of this Section 53-98.3 to promote the public health, safety and general welfare and to minimize public and private losses due to improper and incomplete construction of single- and two-family detached home sites. The provisions of this section designed to:
(1)
Protect human life and health.
(2)
Minimize expenditure of public money for completing or repairing
public facilities damaged due to construction.
(3)
Minimize damage to public facilities and utilities, such as
water and gas mains, electric, telephone and sewer lines, and streets.
(4)
Provide sufficient funds available to the City to complete or
repair such site facilities, as deemed necessary to protect the public.
C.
Definitions and word usage.
(1)
Unless specifically defines below, words or phrases used in
this Section 53.98.3 shall be interpreted as to give them the meanings
they have in common usage and to give this section its most reasonable
application.
D.
Compliance. No single- or two-family dwelling, structure or land
shall hereafter be located, extended, moved, converted, or structurally
altered without full compliance with the terms of this section and
other applicable regulations. Any alteration, reconstruction addition
to or extension of an existing single-family or two-family dwelling,
wherein the work to be completed exceeds 50% of the structure's present
value, shall be subject to the terms of this section and other applicable
regulations.
F.
Builder's Agreement Application. A builder's agreement shall be obtained by an applicant before construction or development begins on single-family or two-family dwellings or accessory buildings. Application for a builder's agreement shall be made to the City Engineer on forms furnished by the Construction Code Official and may include, but not be limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Application for a builder's agreement shall be accompanied by all fees required in connection with the agreement in the amounts shown in Section 53-51.5, Schedule of required fees for escrow deposits. Additional fees required pursuant to other sections of the Code and ordinances of the City of South Amboy, such as sanitary sewer connection fees, shall be submitted at the time of application for a builder's agreement. The following application information is required:
(1)
The elevation, in relation to mean sea level, of the lowest
habitable floor, including basement, of all structures.
(2)
A plan showing the improvement including, but not necessarily
limited to, topography, vegetation, drainage, floodplains, marshes
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, curbs and sidewalks, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures,
lighting and screening devices; and any other information that may
be reasonably required.
G.
Builder's agreement content. Upon approval of the builder's agreement
application by the City Engineer, the applicant shall:
(1)
Sign an agreement in a form satisfactory to the South Amboy Law Director which provides for the furnishing of a performance guaranty in favor of the municipality in an amount shown in Section 53-70, Requirements, representing the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage, disposal, drainage structures, erosion control and sedimentation control devices, other on-site improvements and landscaping.
(2)
If the required improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not contemplated or corrected, and the municipality
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
(3)
Upon substantial completion of all required improvements, the
obligor may notify the governing body in writing, by certified mail
addressed in care of the Municipal Clerk, of the completion or substantial
completion of improvements and shall send a copy thereof to the City
Engineer. Thereupon, the City Engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report,
in writing, with the governing body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection.
(4)
The governing body shall either approve, partially approve or
reject the improvements on the basis of the report of the City Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto not later than 65 days after receipt of the
notice for the obligor of the completion of the improvements.
(5)
If any portion of the required improvements is rejected, the
approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
(6)
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the governing body or the City Engineer.
H.
Administrative official.
(1)
The City Engineer is hereby appointed to administer and implement this Section 53-98.2 by granting or denying builder's agreement applications in accordance with its provisions.
(2)
Powers and duties of the City Engineer shall include, but not
be limited to:
(a)
Reviewing all builder's agreement applications to determine
that the requirements of this section have been satisfied.
(b)
Reviewing all builder's agreement applications to require that
all necessary permits have been obtained from those Federal, State
or local governmental agencies from which prior approval is required.
(c)
Collecting all applicable fees and deposits.
(d)
Recording and retaining all builder's agreements.
I.
Schedule of deposits and fees.
(1)
The following is a schedule of fees to be collected for each
builder's agreement application made, at the time of application.
(2)
In the event that a builder's agreement is not executed, the
testing and inspection fee shall be returned to the applicant.
(3)
A performance guaranty in the amount of $1,000 shall be deposited
with the City in the form of cash or certified check at the time of
execution of the builder's agreement for single- and two-family dwellings.
J.
Severability. If any subsection, sentence or any part of this section
is adjudged unconstitutional or invalid, such judgment shall not affect,
impair or invalidate the remainder of this section but shall be confined
in its effect to the subsection, sentence or other part of this section
directly involved in the controversy in which such judgment shall
have been rendered.
