[Ord. #6-1989, § 501; amended 12-18-2023 by Ord. No. 2023-11]
Prior to the Chairman and Secretary (Vice Chairman, Assistant Secretary) signing the maps indicating that the approving authority has granted final approval of an application for development, the developer shall have satisfactorily installed or shall have furnished a performance guaranty to insure the installation of the following improvements:
a. 
Street pavement.
b. 
Street signs.
c. 
Concrete curbs.
d. 
Survey monuments.
e. 
Sanitary sewers.
f. 
Water mains.
g. 
Storm drainage facilities. See § 22-535.
h. 
Concrete sidewalks.
i. 
Shade trees.
j. 
Paved off-street parking facilities.
k. 
Concrete driveway aprons between curb and sidewalk.
l. 
Street lighting.
m. 
Garbage and refuse collection facilities on site plans.
n. 
Facilities for recycling materials.
[Ord. #6-1989, § 502; Ord. #9-2005, § 2; Ord. No. 2017-07 § 3; amended 12-18-2023 by Ord. No. 2023-11]
An accessory building or garage attached to a principal building is part of the footprint of the principal building and shall adhere to the yard requirements for the principal building. Only one (1) garage and one (1) accessory building are permitted per lot. An accessory building or garage detached from the principal building shall: have a rear and side yard set back of five (5) feet and not extend beyond the building line of the principal building into the front yard. The height of a garage or an accessory building shall be measured from the average grade measured two (2) feet around the perimeter of the structure to the highest point of the building.
a. 
Garages. The maximum size for a garage shall be 720 square feet with a height not to exceed 15 feet. A garage must be accessible to motor vehicles and be able to accommodate the storage of motor vehicle at least twenty (20) feet in length.
b. 
Accessory Buildings. An accessory building may be used as a storage shed, a pool equipment shed or a changing room. An accessory building may have electricity, but shall not be heated, have cooking facilities or be connected to a municipal or a septic water and/or sewer system. The size of an accessory building shall be determined by the existence of a garage, either attached or detached, on the property. A property with a garage may have an accessory building with a maximum size of one hundred (100) square feet and a height not to exceed ten (10) feet. A property without a garage may have an accessory building with a maximum size of four hundred (400) square feet and a height not to exceed twelve (12) feet.
[Ord. #6-1989, § 503]
Apartments and townhouses shall have site plan approval and public or private central water supply and a central sanitary sewer system approved by appropriate State and local agencies.
[Ord. #6-1989, § 503.1]
Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated into the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; and natural features such as wooded areas, drainage courses, soil conditions, and topographic relief. The plans shall also indicate how building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roofline and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination, have been considered and selectively used within the project.
[Ord. #6-1989, § 503.2]
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths: 200 feet on one plane, 340 feet on any angle and 500 feet along the center line. Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Townhouse structures shall have no fewer than three nor more than eight units in one overall structure.
[Ord. #6-1989, § 503.3]
No dwelling unit shall have a living area level lower than the finished grade along the front of the structure, except that on sidehill locations the number of stories above the ground on the uphill side shall not exceed two, with a third story permitted above ground on the downhill side. The height of the building measured from the foundation on the downhill side shall not exceed 40 feet.
[Ord. #6-1989, § 503.4]
All required open space shall be improved for the purposes intended as shown on the plan.
[Ord. #6-1989, § 503.5]
No development shall exceed the density specified in the zoning provisions.
[Ord. #6-1989, § 503.6]
The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents, and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.
[Ord. #6-1989, § 504.1]
Block length, width and acreage shall accommodate required lot sizes and allow for convenient access, circulation control and traffic safety.
[Ord. #6-1989, § 504.2]
Blocks over 1,000 feet long in residential areas shall provide pedestrian crosswalks or bikeways in locations deemed necessary by the approving authority and shall be at least 50 feet wide and run from street to street. Blocks over 1,500 feet in residential areas shall be prohibited.
[Ord. #6-1989, § 505; Ord. #11-2007, § 1]
Within any zone, other than a residential zone, in which the lot(s) submitted for plat approval abuts a residential zone, the following buffer area and landscaping requirements shall apply:
a. 
A strip of land 20% of the average width of the property when a nonresidential use abuts a residential zone on the side, or 20% of the average depth of the property when a nonresidential use abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential property lines and shall be of uniform width. In no case should the width of the buffer exceed 50 feet. In no case shall the buffer be less than 20 feet wide, the applicant shall be required to erect a six foot high board on board or solid vinyl fence that faces the residential properties with six feet to eight feet evergreen plantings within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area.
b. 
Requirements for Planting in the Buffer Area.
1. 
A solid and contiguous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscape screen shall consist of evergreen trees, selected from the approved Borough Planting List set forth in Schedule A attached hereto. Such list may be amended and/or changed from time to time at the discretion of the Planning Board. The current approved Borough Planting List shall, at all times, be on file in the Borough Clerk's office. Trees shall be planted in an area six feet to 20 feet from the residential line in a zigzag pattern and not more than six feet apart, except where otherwise authorized by the appropriate authority. Evergreen trees shall not be less than six feet high when planted and the lowest branches shall be not more than one foot above the ground. In the event the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
2. 
In addition to the landscaped screen, shade trees, such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum, ash, etc., shall be planted by the applicant at a distance of not more than 40 feet from each other.
3. 
The height of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area. Where the landscaping screen is lower than the elevation of the parking or loading area, either the required height of the screen shall be increased equal to the difference in elevation or the parking or loading area shall be moved to allow the plantings to be located in an area with a similar elevation as the parking or loading area.
4. 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemental by additional evergreen plantings to provide the required landscape screen.
c. 
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this, section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and standards and purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the locations of buildings, parking areas, outdoor illumination and other features of the topography of the area and existing features such as trees, streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
d. 
In Business zones, mechanical equipment and utility boxes shall be screened with plantings so they are not visible.
[Ord. #6-1989, § 506; amended 12-18-2023 by Ord. No. 2023-11; 5-6-2024 by Ord. No. 2024-03]
Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard. A corner lot shall have a primary front yard, a secondary front yard, a rear yard opposite the primary front yard and a side yard opposite the secondary front yard.
[Ord. #6-1989, § 507; Ord. #21-2005, § 1; Ord. No. 2017-07 § 4; amended 12-18-2023 by Ord. No. 2023-11; 3-6-2025 by Ord. No. 2025-03]
Concrete curbs and sidewalks are required on every street in the Borough along the full front and side of all lots abutting existing streets. Curbing shall be installed where curbing does not exist and sidewalks shall be installed where sidewalks do not exist. These requirements are applied when construction of a completely new principal building occurs; or when an addition to, reconstruction of, or renovation of a principal building consists of 30% or more of the square footage of the existing principal building.
a. 
Curb Cut and Driveway Apron Standards. Curb cuts and aprons shall be constructed of concrete and shall be a maximum of one cut per lot in Residential zones. Curb cuts and driveway aprons in Residential zones will have a minimum width of ten (10) feet and a maximum width of twenty (20) feet and in Non Residential zones will have a minimum width of twelve (12) feet and a maximum width of twenty-four (24) feet. The portion of the full height curb, the dropped curb (driveway apron) and apron located in the Borough right of way must be concrete and in accordance with standard Borough specifications.
b. 
Curb Standards. Curbs shall be set in accordance with approved lines and grades and radial curbs shall be formed in an arc segment, on a smooth curve. Chord segments are prohibited. Standard curb sections shall be ten (10) feet in length with preformed expansion joint material on not more than twenty (20) foot centers. The exposed curb face on local roads shall be six (6) inches and on County and State roads shall be the dimension set by the County or State Engineer. Concrete for curbing shall be made with air-entraining cement, Class B, having a compressive strength in twenty-eight (28) days of four thousand (4,000) pounds per square inch, or better. Where designated by the approving authority, ramps for bicycles or wheelchairs shall be provided in accordance with the Design Standards for Curb Ramps for the Physically Handicapped, prepared by the New Jersey Department of Transportation.
c. 
Driveway Standards. A zoning permit is required for any new or replacement of a driveway or driveway material and must comply with the Borough requirements. There must be at least a two (2) foot grass strip between a driveway and the side and/or rear property line. The entire area between the edge of the driveway and the side and rear property lines shall be a pervious surface; stone, gravel, and shells are not permitted.
1. 
Driveways in Residential Zones in the front yard area of the house shall have a width between a minimum of ten (10) feet and a maximum of twenty (20) feet and a minimum length of twenty (20) feet measured from the front property line. The minimum setback from the edge of the driveway to the side and rear property lines shall be two (2) feet. Gravel or loose stone in a driveway count toward total impervious coverage.
2. 
Driveways in Non Residential Zones shall have a minimum of twelve (12) feet and a maximum of twenty-four (24) feet. The minimum setback from the edge of the driveway to side and rear property lines shall be five (5) feet. Driveway and parking areas must have a hard-surface pavement that is durable and is maintained in good condition; gravel and loose stone are not permitted.
d. 
Sidewalk Construction Requirement.
1. 
A sidewalk shall be required where a sidewalk does not exist when construction of a completely new principal building occurs, or when an addition to, or reconstruction of, or renovation of a principal building consists of thirty percent (30%) or more of the square footage of the existing principal building or in any other location(s) determined by the Land Use Board to be in the interest of public safety and/or proper pedestrian circulation. The sidewalk construction requirement may be waived at the initiative of the Land Use Board or at the request of the developer. The Land Use Board may grant a waiver from the sidewalk construction requirement if the waiver is reasonable and proper as related to the particular development and the absence of sidewalks does not violate the safety, health and welfare of present or future residents.
2. 
The sidewalk construction requirement waiver will require the developer to make a payment into the Borough of Spring Lake Heights Sidewalk Capital Construction Fund. The payment will be $25.00 per square foot of newly developed sidewalk.
e. 
Sidewalk Capital Construction Fund Account.
1. 
A Sidewalk Capital Construction Fund Account is hereby created and authorized by the Borough of Spring Lake Heights. All funds collected by the Borough from developers as set forth above shall be maintained in this account. The proceeds of the account which shall be made available to install sidewalks in the Borough of Spring Lake Heights wherever sidewalks are properly authorized by the Mayor and Council.
2. 
Nothing contained herein shall affect the right of the Borough of Spring Lake Heights to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or other statutory rights granted to municipalities.
f. 
Sidewalk Standards. Asphalt and/or stone are not permitted sidewalk materials. The configuration of curb and sidewalk shall be as follows: a curb abutting the existing street, a two (2) foot grass strip and a four (4) foot sidewalk. Gravel, loose stone shells, shrubs or plants are not permitted in the area between the curb and the sidewalk. Gravel or loose stones are not permitted within ten (10) feet of the front property line.
Editor's note: See Section 22-525, Sidewalks, for additional requirements.
g. 
Patios. A patio is not permitted in the primary front yard area. A patio requires a minimum setback of five (5) feet from any property line. With the exception of a driveway per Section 22-507c, the area between the patio and the property line shall be grass or a pervious surface, stone, gravel and shells are not permitted.
[Ord. #6-1989, § 508]
All developments shall have a stormwater management plan. Any new system shall be adequate to handle all water which originates within the development and beyond. No water shall be diverted as to overload existing systems or create flooding or the need for additional drainage structures on other lands without provisions being made to handle these conditions, including off-tract improvements. Piping all stormwater may not be required, but alternate, equivalent methods may be approved considering capacity, erosion, safety, maintenance, aesthetics and the ability of an alternate system to provide drainage.
[Ord. #6-1989, § 508.1]
A twenty-year storm curve shall be used in computing stormwater runoff from the drainage basin to determine the impact on the drainage system under consideration. Two copies of all drainage computations shall be submitted to the Borough Engineer for review and approval.
[Ord. #6-1989, § 508.2]
The pipe size shall be determined by acceptable drainage design procedures. In no case shall the pipe size in a surface water drainage system be less than 15 inches in diameter.
[Ord. #6-1989, § 508.3; Ord. #7-2004, § 1]
Drainage inlets shall be located at all intersections, with inlets on both sides of the 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 intervals of 500 feet throughout the system and at pipe junctions where there are no drainage inlets. All storm draininlets must be "state of the art" in the opinion of the Engineer for the Board of Adjustment or Planning Board, as the case may be, so as to effectively remove and retain sediments and floating contaminants (oil, suspended solids, garbage and debris, and other pollutants) which have been washed into the storm drain.
[Ord. #6-1989, § 508.4]
Storm drainpipes running longitudinally along streets shall not be located under curbing. They shall be reinforced concrete pipe conforming to ASTM Designation C-76, reinforced concrete arch culvert conforming to ASTM Designation Code C-506 or reinforced concrete elliptical pipe conforming to ASTM Designation Code C-507. Joints shall be made with O-ring rubber gaskets.
[Ord. #6-1989, § 508.5]
Blocks and lots shall be graded to secure proper drainage away from all buildings, to prevent the collection of stormwater in pools and to avoid the concentration of stormwater from each lot to adjacent lots.
[Ord. #6-1989, § 508.6]
Land designated as a flood hazard area shall not be designed for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land shall be considered for open spaces, yards or other similar uses in accordance with the floodplain regulations and can be designed through the cluster zoning, transfer of development and other planned developments.
[Ord. #6-1989, § 508.7]
Where any development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, a drainage right-of-way easement shall be provided and dedicated to the Borough, conforming substantially with the lines of such watercourse, with such further width as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. In any event, the easement shall meet the minimum widths and locations shown on any adopted Official map or Master Plan as required under Section 22-509, Easements.
[Ord. #6-1989, § 509]
a. 
Easements for utility and drainage installations shall be along side and/or rear property lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access for maintenance, but shall not be less than 15 feet in width.
b. 
All easements shall be shown on the plat and shall be clearly labeled and dimensioned as to permit accurate location of easement limits.
c. 
Internal grading of a lot as by swale, berm or other topographical feature designed to intercept or direct waters shall either be designated as an easement on the map to be filed or be dedicated by recorded instrument in such a way as to give notice to future owners of said property and ensure continued maintenance of the drainage feature.
[Ord. #6-1989, § 510]
The erection of fences, walls, swimming pools and/or other structures and the removal of trees and ground cover shall be prohibited in a conservation easement or floodplain. The removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes, shall be permitted, if approved by the Planning Board.
[Ord. #6-1989, § 511.1]
Prior to submitting a preliminary plat, the applicant shall use the Borough's Natural Resource Inventory, its Master Plan or the Soil Conservation Service maps to present an overview of the natural limitations of the site and to guide the layout of the proposed development. These maps will aid in locating soil types, topography, slopes, surface waters, aquifers, depth to water table, floodplains, vegetation, foundation limitations, erosion potential and septic suitability. Little or no test need accompany this data at this stage. It is anticipated that major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact statement submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations, but limiting the analysis to the smaller areas of concern.
[Ord. #6-1989, § 511.2]
The preliminary plat shall be accompanied by an environmental impact statement complying with the following, unless as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:
a. 
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s).
b. 
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; floodplain protection; geology; soil erosion; sewage disposal; topography; slopes in excess of 15%, vegetation and vegetation protection; noise characteristics and levels; air quality; land use; site aesthetics, such as views, terrain and mature wooded areas; and historic sites. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics.
c. 
A list and the status of the licenses, permits and approvals needed from Federal, State or County agencies, including the conclusions and comments of these governmental agencies.
d. 
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, traffic increases, increase in noise, increase in sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure. The evaluation should include how the developer can assist in minimizing the adverse impacts by altering design concepts or by making, or participating in, on-or off-tract improvements.
e. 
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including necessary maps, schedules and other explanatory data to clarify and explain these steps.
f. 
Notwithstanding the foregoing, the approving authority may waive the requirement for all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact, or upon finding that the complete report need not be prepared in order to evaluate the environmental impact of the development.
[Ord. #18-1990, § 4]
a. 
It is intended that critical areas be defined as woodlands or large tree masses, stream corridors, soils having a depth to seasonally high water of one foot or less, marshy soils or wetlands, wildlife corridors, open space or high ecological value, drainage ridge lines, scenic views, historic sites, and other community assets and landmarks.
b. 
The subdivision or site plan shall preserve existing critical areas on the site. Efforts should be made to minimize reduction in the recharge capability of the site to the extent reasonably attainable. On these locations, the use of storm water infiltration basins shall be encouraged.
c. 
A conscious effort shall be made to preserve all trees and shrubs which provide shading, protection from wind, noise or visual screening or habitat for important wildlife species on the site. Except where alternative construction practices are unfeasible, filling around trees shall not be permitted. The removal of all trees having a diameter at breast height of a foot or more will be compensated for by the planting of trees or shrubbery likely to provide equivalent or nearly equivalent benefits at maturity.
[Ord. #6-1989, § 512.1]
No fence, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the Zoning Officer.
[Ord. #6-1989, § 512.2]
Every fence or wall shall be maintained in a safe, sound upright condition and in accordance with the approved plan on file with the Building Inspector. If the Building Inspector, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.
[Ord. #6-1989, § 512.3]
Except for required security fences, the following fences and fencing material are specifically prohibited: barbed wire, sharp pointed fences, canvas, cloth, electrically charged fences.
[Ord. #6-1989, § 512.5 — § 512.8; Ord. No. 2013-08; Ord. No. 2017-07 § 5; amended 12-18-2023 by Ord. No. 2023-11; 5-6-2024 by Ord. No. 2024-03]
a. 
Fences may be erected, altered or reconstructed in a residential zone to a height not to exceed three (3) feet above ground level when located within twenty-five (25) feet of:
1. 
The street line that the front yard of the principal dwelling faces on non-corner lots.
2. 
The street line of both the primary and secondary front yards on corner lots.
b. 
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located more than 25 feet from the street line in a residential zone or when located in the yard area of any use in a business zone. Fences located more than 25 feet from the street line may be erected to a height not to exceed eight feet on properties with residential uses along the side or rear yards adjacent to properties with a non-residential use.
c. 
Fences may be erected, altered or reconstructed to a height not to exceed six feet when located in the side or rear yards of any dwelling in a residential zone.
d. 
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.
e. 
A decorative wall shall be to a height not to exceed two feet measured from the base of the wall.
f. 
A structural retaining wall, when necessary, shall be a height not to exceed four feet measured from the bottom of the wall and require the submission of a signed and sealed plan from a licensed professional engineer.
[Ord. #6-1989, § 512.9]
All fences must be erected within property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
[Prior Subsection 22-512.7, Applicability, was repealed 12-18-2023 by Ord. No. 2023-11. Prior history includes Ord. #6-1989, § 512.10]
[Ord. #6-1989, § 513.1]
Where a property containing a floodplain is proposed for development or other improvements no proposed structures or fill shall be located within the 100-year floodplain. The uses permitted in the 100-year floodplain shall be limited to general farming, overflow parking and loading areas or areas of service peak parking and loading demands, lawns, gardens, detention basins and ponds meeting other state regulations, and open space/recreation uses not requiring structures, provided that none of these uses adversely affect the hydraulic capacity of the 100-year floodplain and that water surface elevation of the 100-year floodplain is not increased. No septic systems shall be in the 100-year floodplain. The 100-year floodplain shall be at least that area designated on the streams identified on the maps prepared by the Federal Emergency Management Agency and the State, or such broader area on those streams as might result from on-site evaluation. On streams not identified by the maps, the 100-year floodplain shall be delineated by a developer's engineer and approved by the State of New Jersey Division of Water Resources. The municipalities adjacent to the Borough, will be advised of any proposed actions which may affect their flooding potential.
[Ord. #6-1989, § 513.2]
The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a 100-year storm frequency. One or the other shall be delineated on the plat. The assistance of the United States Department of Agriculture, Soil Conservation Service, United States Corps of Engineers and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that where State or Federal agencies have or will publish any reports which clearly delineate by contours the flood hazard design elevation of a watercourse, the report shall be the officially delineated flood hazard area as if said report were published in this chapter.
[Ord. #6-1989, § 513.3 — § 513.4]
a. 
Any lot containing a floodway on which it is proposed to regrade or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources.
b. 
Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.
[Ord. #6-1989, § 513.5]
Permitted uses in a flood fringe area shall be as follows, provided they are permitted in the district in which the flood fringe portion is located:
a. 
Agriculture. General farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
b. 
Industrial/Commercial. Yards, loading areas and parking areas.
c. 
Recreation. Golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping, and open space uses such as hiking trails.
d. 
Residential. Lawns, gardens, parking areas and play areas.
e. 
Public. Lawns, parking areas, play and recreation areas.
[Ord. #6-1989, § 513.6]
The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or erection of structures; and does not include the storage of equipment and materials.
[Ord. #6-1989, § 514; Ord. #3-1990, § 1; Ord. #11-2007, § 1]
a. 
There shall be a minimum of one trash/garbage pickup station, separate from the parking and loading areas, located either inside or outside a building in steel-like, totally enclosed containers and screened so as to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts.
1. 
Trash recycling and dumpster enclosures shall be buffered on all four sides with a six foot high solid fence or ornamental wall and surrounded on three sides with four foot to six foot high evergreen shrubs.
2. 
Trash and recycling enclosures shall have a minimum of 4,500 psi pounds per square inch concrete slab six inches thick.
b. 
Materials designated in the Borough Recycling Ordinance (Ordinance No. 6-1989) shall be separated from other solid waste by the generator and a storage area for recyclable materials shall be provided as follows;
1. 
For each subdivision application for 50 or more single family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four week accumulation of mandated recyclables (including but not limited to newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
2. 
For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one week accumulation of mandated recyclables (including but not limited to newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
3. 
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper and corrugated cardboard) that will be generated by the development during each week. A separate storage area must be provided to accommodate a one to four weeks accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.
[Ord. #6-1989, § 515]
A homeowners' association may be established to own and maintain common open space and common property designed within a development. If established, the organization shall incorporate the following provisions:
a. 
Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.
b. 
The organization shall be responsible for liability insurance (with the municipality carried as a named insured), taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality wherein the land is located.
c. 
The organization shall be allowed to adjust the assessment to meet changing needs.
d. 
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization, and the master deed shall state that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
e. 
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Borough Council may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the designated Borough body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Borough Council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Borough Council at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough Council, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the Borough shall cease to maintain said open space and property at the end of said year. If the Borough Council shall determine that such organization is not ready and able to maintain said open space and property in a reasonable condition, the Borough Council may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough Council in any such case shall constitute a final administrative decision subject to judicial review.
f. 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
[Ord. #6-1989, § 516; amended 12-18-2023 by Ord. No. 2023-11]
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average from 0.5 to 1.0 footcandle over the entire area. For each fixture and externally lighted sign, the total quantity of light radiated above a horizontal plan passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source.
All outdoor lighting to be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences, and overhead sky glow. No lighting source shall be visible from windows, street and driveways, nor shall lighting shine directly into or reflect into windows or onto streets and driveways to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor by a rotating, pulsating or other intermittent frequency. The intensity of light, shielding, direction and reflection of lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective is to minimize undesirable off-site effects. Wherever possible, signs such as traffic directional and other on-site signs shall be lettered with reflecting paint or other reflecting material in order to eliminate the need to consume electrical energy and at the same time reduce the potential for glare and light nuisances.
[Ord. #6-1989, § 517.1]
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
[Ord. #6-1989, § 517.2]
Each lot must front upon an approved paved street having a right-of-way width of at least 50 feet.
[Ord. #6-1989, § 517.3; amended 5-6-2024 by Ord. No. 2024-03]
Through lots having frontage on two streets, and are not a corner lot, are permitted, subject to the following conditions:
a. 
On through lots the street designated as the frontage, the front lot line, the front yard, and the curb cut and vehicular access street must be clearly labeled on the plat and in the deed.
b. 
The street designated as frontage with the front lot line and yard shall be determined by the frontage of the majority of the principal buildings on the block.
c. 
The rear yard on a through street is the lot line and yard opposite the designated front lot line and yard.
d. 
Through lots shall have one (1) curb cut and are allowed one (1) vehicular access to the street.
e. 
Blocks of all new construction of through lots shall designate one street as the frontage street and each lot shall have the front lot line and yard clearly labeled on the plat and deed. The street with the lower traffic function shall have the vehicular access point and the curb cut.
[Ord. #6-1989, § 517.4]
Extra width for street widenings in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, be anticipated by increasing the lot size of the abutting lots in anticipation of future right-of-way acquisition. (See Section 2-506, Corner Lots.)
[Ord. #6-1989, § 517.5]
In the event two or more contiguous lots exist under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision acquired by separate conveyance or by other operation of the law, and one or more of the lots should not conform to the minimum area and/or dimension requirements for the zone in which it is located, said contiguous lots shall be considered merged into the greatest number of conforming lots.
[Ord. #6-1989, § 517.6]
Any nonconforming lot not meeting the definition of the previous subsection may have a building permit issued for a permitted use without an appeal for a variance, provided the building coverage is not exceeded, parking requirements are met and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding section. Where the nonconforming lots abuts either a vacant lot or an oversized developed lot, the issuance of a building permit may be delayed until the approving authority determines the reasonableness of requiring the applicant to acquire additional land to reduce or eliminate the nonconformity. Where the resulting lot is still nonconforming, the yard and height provisions may be reduced to the same percentage the area of the undersized lot bears to the zone district requirements, except that no side yard shall be less than half that required by this chapter or five feet, whichever is greater, and no building shall be required to have a height less than 12 feet.
[Ord. #6-1989, § 517.7]
Whenever land has been dedicated or conveyed to the Borough by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan and which lot existed at the effective date of this chapter, the Building Inspector shall not withhold a building or occupancy permit when the lot depth or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
[Ord. #6-1989, § 518]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 (the Map Filing Law, as amended) and shall be placed in accordance with the statute and indicated on the final plat. All lot corners shall be permanently marked with a metal alloy pin or equivalent.
[Ord. #6-1989, § 519]
Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and landscape treatment of the area.
[Ord. #6-1989, § 520.1]
Drives providing access to parking lots with six or more spaces shall be limited to a maximum of two to any street, except when the frontage of a property along any one street exceeds 500 feet the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall be at least three parking aisles from any other drive on the same property. Each drive shall handle no more than two lanes of traffic in each direction, be at least 50 feet from the street line of any intersecting street and be at least 20 feet from any property line. The width of the curb cut shall be determined by the type traffic and the number of lanes of traffic. Driveways with widths exceeding 24 feet shall be reviewed, giving consideration to the width, curbing, direction of traffic flow, radii and curves and traffic lane divider. Curbing shall be either depressed at the driveway or rounded at the corners with the same access drive connected to the street in the same manner as another street.
[Ord. #6-1989, § 520.2]
Individual parking and loading spaces shall be served by on-site aisles to permit each motor vehicle to proceed to and from each space without moving another vehicle. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
[Ord. #6-1989, § 520.3; amended 12-18-2023 by Ord. No. 2023-11]
Parking and loading areas for apartment, townhouse and commercial uses shall be buffered from adjoining streets and single-family residential zoning districts in a manner meeting the objectives of Section 22-505, Buffers.
[Ord. #6-1989, § 520.4]
Off-street parking areas containing six or more spaces and all off-street loading areas shall be designed in conjunction with a drainage plan. In lieu of concrete curbing in residential projects having off-street parking lots with six or more spaces, the approving authority may accept equivalent methods of defining the edge of paving, preventing vehicles from encroaching upon nonpaved areas, controlling drainage, and guiding traffic circulation. Concrete wheel blocks may be located within designated parking or loading spaces. Curbing installed at crosswalks and bikeways shall have barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
[Ord. #6-1989, § 520.5; Ord. #11-2007 § 1]
a. 
Off-street parking spaces shall be either nine or 10 feet wide, except that spaces serving retail uses shall be a minimum of 10 feet wide. Parking spaces shall be a minimum of 20 feet in length. Barrier-free parking requirements shall be in accordance with current New Jersey Uniform Construction Code (NJUCC).
b. 
Off-street loading spaces shall have 15 feet of vertical clearance and shall be 14 feet in width and 60 feet in length.
[Ord. #6-1989, § 520.6]
All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions, Section 22-508, Drainage. Where subgrade conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subgrade, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
[Ord. #6-1989, § 520.7]
Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches compacted thickness, or equivalent, and a minimum of two inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. The approving authority may waive blacktop surfacing in areas of less constant use, provided that the applicant agrees to pave the area if, in the judgment of the Construction Code Official, actual experience shows a more consistent use of these areas than has been anticipated. These nonblacktop areas shall be graded, covered with four inches of compacted coarse stone, topped with two inches of compacted gravel and covered with stone dust to fill remaining voids.
[Ord. #6-1989, § 520.8]
In an effort to reduce paving costs and reduce the amount of paving to assist in stormwater runoff control, the approving authority may approve parking plans for nonresidential use for designated compact car parking areas, provided that such space shall be limited to employee parking and that each area for compact cars shall have at least 30 spaces. The compact car spaces shall be eight by 16 feet with aisles reduced to 90% of the dimensions shown in subsection 22-520.5, Dimensions. The number of parking spaces which may be approved for compact cars shall be a determination of the approving authority based upon documentation by the applicant and any data submitted by others.
[Ord. #6-1989, § 520.9]
Landscaping in parking and loading areas shall be shown on the natural resources portion of the site plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet above grade and be placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination.
[Ord. #6-1989, § 520.10]
Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the schedule in Section 22-611, Minimum Off-Street Parking and Loading Requirements. Those uses not listed shall provide sufficient spaces as determined under site plan review and the following:
a. 
A minimum of one space per use, except that where more than one use is in a building, such as a shopping center, the cumulative number of loading spaces shall be based on the number of square feet within the building or complex. The spaces shall be dispersed throughout the site to best serve the individual uses and have site plan approval.
b. 
Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be less than the number required, provided the applicant, as part of the site plan application, shall indicate how the number of spaces will be adequate to meet the needs of the specific use.
[Ord. #6-1989, § 520.11]
The number of off-street parking spaces for each use shall be based on the schedule in Section 22-611, Minimum Off-Street Parking and Loading Requirements. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts.
[Ord. #6-1989, § 520.12]
a. 
Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly serve the building for which the space is being provided. No off-street parking or loading space shall have direct access from a street.
b. 
No loading and parking spaces shall be located in any required buffer area.
c. 
Parking spaces located to serve residential uses shall be within on 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.
d. 
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
[Ord. #6-1989, § 521.1]
Equipment using electricity shall be shielded so there is no interference with any radio or television reception beyond the operator's property.
[Ord. #6-1989, § 521.2]
No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see Section 22-516, Lighting.
[Ord. #6-1989, § 521.3]
No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable State and Federal regulation. No building permit, zoning permit or Certificate of Occupancy shall be issued for any use where a state permit is required until the State has ascertained and approved the level of emission, quality of emission, type and quality of emission control, level of monitoring to be conducted by the State and such other State regulations governing the emission of pollutants into the ground, water or air.
[Ord. #6-1989, § 521.4; amended 12-18-2023 by Ord. No. 2023-11]
No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Construction Department.
[Ord. #6-1989, § 522]
All public services shall be connected to approved public utilities systems where they exist.
[Ord. #6-1989, § 522.1]
The developer shall arrange with the servicing utility for the underground installation of the utility's 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 then on file with the State of New Jersey Board of Public Utility Commissioners.
[Ord. #6-1989, § 522.2]
The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, 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 those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
[Ord. #6-1989, § 522.3]
Where natural foliage is not sufficient to provide year round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.
[Ord. #6-1989, § 522.4]
On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the developer deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of Section 22-402, Exceptions. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons and avoid the clearing of swaths through treed areas but selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations and similar design and location considerations to lessen the visual impact of overhead lines.
[Ord. #6-1989, § 522.5]
Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, but shall be subject to inspection and certification by the Municipal Engineer.
[Ord. #6-1989, § 523.1]
If a central sanitary sewer treatment and collection system is accessible, the developer shall construct sewerage facilities to transport all sewage to the collection and treatment system. Where a treatment and collection system is part of an adopted Borough capital improvements program and said system will be accessible to the proposed development, the developer shall install dry sewer designed to tie into the proposed facility upon its completion.
[Ord. #6-1989, § 523.2]
Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with Section 22-509, Easements.
[Ord. #6-1989, § 523.3]
Any treatment plant, collection system and individual on-lot septic system shall be designed in accordance with the requirements of the State Department of Environmental Protection and Borough ordinances.
[Ord. #6-1989, § 524]
All trees shall have a minimum diameter of two inches measured at breast height and be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no closer than 20 feet to the curbline and shall be balled and burlapped, nursery-grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling soil around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees. Where trees are removed, an equivalent number of new trees shall be planted, placed in appropriate locations considering soil stabilization, existing trees remaining, and compatibility with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Section 22-520, Off-Street Parking and Loading.
[Ord. #6-1989, § 525]
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation, considering the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, school bus stops, recreation areas, schools and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and may be constructed of concrete, brick or bituminous material, as determined by the approving authority. If constructed of concrete, sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air-entrained. If constructed of bituminous materials, they shall adhere to the bikeway standards. Where sidewalks cross curbs, curb ramps shall be provided as outlined in Section 22-507, Curbs. Preformed expansion joint material shall be placed on concrete sidewalks at twenty-foot maximum intervals and where sidewalks abut curbing or a structure.
[Ord. #6-1989, § 526]
Sight triangles shall be required at each quadrant of an intersection of streets and at intersections of streets and driveways accessing nonresidential parking areas. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center line grade of either intersecting street or driveway or lower than eight feet above their center lines, excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street center lines and a straight line which connects sight points located on each of the two intersecting street center lines 90 feet from the centerline intersection. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Spring Lake Heights Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be included in establishing the minimum setbacks required by the zoning provisions.
[Ord. #6-1989, § 527]
All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community. See Section 22-513, Floodplain Regulations, and Section 22-528, Stormwater Runoff.
[Ord. #6-1989, § 527.1]
a. 
No building permit shall be issued for any application requiring either site plan or major subdivisions approval until final plat approval has been given, including an approved soil erosion and sediment control plan.
b. 
No person shall proceed with any soil removal, soil disturbance or land grading without first having obtained either a permit for that purpose or a building permit based on an approved plat as outlined above.
c. 
A permit shall not be required under this chapter where subsection 22-527.7 applies, provided that no soil is removed from the premises involved.
[Ord. #6-1989, § 527.2]
a. 
A plan showing the area(s) of soil removal, soil disturbance and land grading and establishing the means for controlling soil erosion and sedimentation for each site or portion of a site when developed in stages.
b. 
The soil erosion and sediment control measures shall be certified by the Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures.
c. 
The plan shall be prepared by a professional engineer licensed in the State, except in the instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-28, and shall contain:
1. 
Location and description of existing natural and manmade features on and surrounding the site, including general topography and soil characteristics and a copy of the County Soil Conservation District Soil Survey (where available).
2. 
Location and description of the work and proposed changes to the site, including contours and spot elevations, showing existing and post construction conditions, and, in the case of soil mining, a description of the equipment to be used for any processing of the soil and the number of cubic yards of soil to be removed.
3. 
Measures for soil erosion and sediment control.
4. 
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
5. 
All proposed revisions of data required shall be submitted for approval.
6. 
Description of means for maintenance or erosion and sediment control measures and facilities during and after construction.
7. 
Performance bond as set forth in Section 22-409, Performance Guaranties. The bond shall be in such amount and for such period of time as determined by the governing body.
[Ord. #6-1989, § 527.3]
a. 
Control measures shall apply to all aspects of the proposed land disturbances and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
1. 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
2. 
Whenever feasible, natural vegetation shall be retained and protected.
3. 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
4. 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
5. 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
6. 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
7. 
Sediment shall be retained on site.
8. 
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbances.
b. 
Grading and Filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties or which will violate this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
c. 
Soil Removal and Redistribution. Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (c.251, P.L. 1975) shall include on its plan the following: the means to control or prevent erosion; providing for sedimentation basin(s) for soil that does erode due to water; controlling drainage, dust and mud on the premises as well as abutting lands; preserving soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintaining necessary lateral support and grades of abutting lands, structures and other improvements; preventing pits and declivities which are hazardous or which provide insect breeding locations; and not altering the physical limitations and characteristics of the soil in such a way as to prevent the use to which the land may lawfully be put.
[Ord. #6-1989, § 527.4]
All erosion and sediment control measures installed shall be maintained for one year after completion of the improvements or until such measures are permanently stabilized as determined by the Municipal Engineer, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.
[Ord. #6-1989, § 527.5]
If no subdivision or site plan is required, a separate report by the Municipal Engineer shall be obtained. The Borough Engineer shall make a report on the application within 30 days of its receipt. The report shall comment upon all requirements of this section including but not limited to soil characteristics, slopes quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Section 22-407, Public Hearing and Notices.
[Ord. #6-1989, § 527.6]
The following activities are specifically exempt from the soil erosion and sediment control provisions:
a. 
Land disturbance association with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.
b. 
Land disturbance of 5,000 square feet or less of the surface area of the land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
c. 
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.
d. 
Use of land for gardening primarily for home consumption.
e. 
Percolation tests or soil borings.
[Ord. #6-1989, § 528.1; Ord. No. 2013-06]
All development shall incorporate on-site stormwater facilities, including rain-gardens, that will encourage the recharging of underground aquifers and/or the reduction of the rate of surface runoff from the project site. All measures used to control the rate of stormwater runoff shall comply with the soil erosion and sediment control provisions in Section 22-527, Soil Erosion and Sediment Control.
[Ord. #6-1989, § 528.2 — 528.3]
a. 
Where the rate or volume of stormwater runoff from the proposed development is sufficient to warrant detention of the peak flow, one or more detention basins shall be included in the project work. Each detention basin shall have sufficient capacity to accept surface water from a six inch rainfall in 24 hours. All water stored in the basin shall be drained from the basin within 36 hours after the peak runoff from the storm.
b. 
Detention basins proposed to be located on or adjacent to any stream or watercourse, or within any floodway or floodplain, shall be subject to the approval of the New Jersey Department of Environmental Protection.
[Ord. #6-1989, § 529; amended 12-18-2023 by Ord. No. 2023-11]
Street lighting standards of a type and number approved by the approving authority and Borough Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority for public safety. Locations shall include consideration of driver visibility and sight distances when exiting driveways and when entering street intersections. The developer shall provide for the installation of underground service for streetlighting.
[Ord. #6-1989, § 530.1]
All developments shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.
[Ord. #6-1989, § 530.2]
When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
[Ord. #6-1989, § 530.3]
Local streets shall be designed to discourage through traffic.
[Prior Subsection 22-530.4, Driveways; Buffers, was repealed 12-18-2023 by Ord. No. 2023-11. Prior history includes Ord. #6-1989, § 530.4]
[Ord. #6-1989, § 530.5; amended 12-18-2023 by Ord. No. 2023-11]
Street right-of-way is the public area between the street and the lot and the dividing line between the street and the lot The right-of-way shall be measured from lot/property line to lot/property line,. The continuation of an existing street shall be at the same width as the existing street unless a greater width is required.
[Ord. #6-1989, § 530.6]
No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.
[Ord. #6-1989, § 530.7]
In the event that a development adjoins or includes existing Borough streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Borough for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Spring Lake Heights to enter upon these lands for the purposes provided for and expressed in the Development Regulations Ordinance of the Borough of Spring Lake Heights." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guarantee. If the subdivision is along one side only, 1/2 the required extra width shall be anticipated.
[Ord. #6-1989, § 530.8]
Longitudinal grades on all local streets shall not exceed 10% and on arterial and collector streets shall not exceed 4%. The minimum longitudinal gradient shall be 0.5%. Maximum gradients of any street within 100 feet of an intersection shall be 4%.
[Ord. #6-1989, § 530.9]
Intersecting street lines shall be as nearly at right angles as possible and in no case shall they be less than 75° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curb. No more than two street center lines shall meet or intersect at any one point. Collector and arterial streets intersecting another street from opposite sides shall either be directly opposite each other without offset or have at least 250 feet offset distance between center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet, collector at 30 feet and local streets at 20 feet.
[Ord. #6-1989, § 530.11]
When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street and 550 feet for an arterial street.
[Ord. #6-1989, § 530.12]
All changes in center line gradient where the algebraic difference (A) exceeds 1% shall be connected by a vertical curve having a length equal to 30(A) for minor roadways and (50)(A) for collector or arterial roadways. Intersections shall be designed with the least practical gradient with the advice of the Municipal Engineer.
[Ord. #6-1989, § 530.13]
Where development is proposed along a proposed public street having only one access point to an existing public street, the following standards shall be met:
a. 
Dead-end streets (cul-de-sacs) of a permanent nature, where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible, or of a temporary nature, where provision is made for the future extension of the street to the boundary line of adjoining property, shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a curb line radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the curbline radius also becomes a tangent to one of the curblines of the associated street.
b. 
If a dead-end street is of a temporary nature, provisions shall be made for removal of the turn-around and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended.
c. 
A dead-end street shall serve no more than 20 single-family lots or 60 townhouse or apartment units.
[Ord. #6-1989, § 530.14]
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
[Ord. #6-1989, § 530.15]
Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation.
a. 
Pavement thicknesses shall be not less than the following:
1. 
Arterial and collector streets: bituminous stabilized base course, six inches compacted thickness: FABC, two-surface course, two inches compacted thickness.
2. 
Local streets: bituminous stabilized base course, five inches compacted thickness; FABC, one surface course, 1 1/2 inches compacted thickness.
b. 
Where subgrade conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subgrade, these areas shall be excavated to a depth of at least six to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Borough Engineer. Where required by the Engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.
[Ord. #6-1989, § 531; Ord. No. 2017-07 § 6]
No swimming pool shall be located within 10 feet of any rear or side property line; the 10 feet shall be measured from the pool line nearest to any rear and/or side property line. No swimming pool shall be within five feet of the principal building or any accessory building. In no case shall the swimming pool be nearer any street than the principal building to which the pool is an accessory. A fence, permanent barrier or obstruction not less than four feet nor more than six feet in height, shall entirely enclose the area on which the swimming pool is located and bar all reasonable and normal access to the pool. Access to the area shall be through self-closing and latched gate or gates. The barrier may enclose a portion of the yard surrounding the pool. The barrier shall meet State of New Jersey requirements and be approved by the Borough Construction Official.
[Ord. #6-1989, § 532.1; amended 12-18-2023 by Ord. No. 2023-11]
No storage or shipping containers are permitted in any zone. No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade. This subsection shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises. Such facilities may be approved by the Land Use Board provided that a temporary permit had been issued by the Building Inspector for the following temporary uses:
a. 
Residence as a temporary replacement for a dwelling unit damaged by an Act of God; however, not due to building construction or renovations.
b. 
A construction office located on site during construction.
c. 
A sales office during the construction period.
[Ord. #6-1989, § 532.2; amended 12-18-2023 by Ord. No. 2023-11]
a. 
Temporary for purposes of residential occupancy shall mean 90 days with an option to extend for one additional ninety-day period.
b. 
Temporary for use as a construction office shall mean occupancy during the time of construction.
c. 
Any temporary office shall be removed within 15 days of issuance of the Certificate of Occupancy for the last unit or within 15 days of cessation of construction activity.
[Ord. No. 11-2012; amended 12-18-2023 by Ord. No. 2023-11]
a. 
Portable Home Storage Unit is defined as a portable shed or storage container, storage unit, shed-like container or other portable structure that can or may be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure.
b. 
A portable home storage unit may be placed upon any property only upon the issuance of a permit by the Zoning Officer. The application fee is one hundred ($100) dollars.
c. 
Permits will be granted for a period of 30 days. At the expiration of the thirty-day period, the permittee may seek only one extension of the permit for up to an additional 15 days for an additional fee of fifty ($50) dollars. Each residential property is limited to a maximum of two registrations per calendar year, and a minimum of 15 days shall elapse between the end of one registration period and the beginning of another. However, should a Portable Home Storage Unit Permit be applied for in conjunction with a building permit, the permits run concurrent and a Certificate of Occupancy shall not be issued until the storage unit is removed.
d. 
Portable Home Storage Units are prohibited from being placed in streets or in front yards of a property. Portable Home Storage Units must be kept in the driveway of the property at the furthest accessible point from the street. All other locations must be pre-approved by the Zoning Officer and unobtrusive in nature. Portable Home Storage Units are prohibited at a commercial use property.
e. 
This section shall be enforced by the Zoning Officer.
f. 
No Portable Home Storage Unit shall be used for storage of the following:
1. 
Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods;
2. 
Goods from a property other than where the Portable Home Storage Unit is located.
g. 
No more than one Portable Home Storage Unit may be located on a specific piece of property within the Borough at one time; such structures shall be individually limited to the duration time period established herein. Such temporary structure shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.
h. 
In a severe weather event the applicant or supplier shall immediately remove, or cause to be removed the Portable Home Storage Unit as requested by the Office of Emergency Management. In order to protect the health, safety and welfare of its citizens and the property located within the Borough in such event, the Office of Emergency Management may, by providing at least twenty-four-hour notice, issue a warning to the applicant to remove the Portable Home Storage Unit. If applicant fails to remove the Portable Home Storage Unit within the twenty-four hour period after such notice has been issued, the Borough, at its option, may enter into the residential property and remove the Portable Home Storage Units. The supplier and the applicant shall be jointly and severally be liable for all costs incurred by the Borough for the removal of the Portable Home Storage Units under these circumstances. This right shall not create a duty by the Borough to enter the property and remove the Portable Home Storage Unit.
i. 
Fines, penalties and violations shall be as provided in Borough Code Chapter 1, Section 1-5.
[Added 12-18-2023 by Ord. No. 2023-11]
a. 
A dumpster/waste container is a movable large metal or plastic bin that can hold more than two (2) fifty (50) gallon cans of debris designed to be hoisted onto a specially equipped truck for emptying and hauling away construction debris, refuse or trash.
b. 
No dumpster/waste container may be placed upon any property without securing a permit issued by the Zoning Officer and the payment of an application fee of one hundred ($100.00) dollars. The application must contain the following information: Name and address of applicant and owner of the property, street address and the block and lot number of the property, size of the dumpster with the name and address of the phone number of the owner of the dumpster and estimated length of time dumpster will be located at the site.
c. 
Permits which are obtained in conjunction with a Building Permit run concurrent with the Building Permit. A Certificate of Occupancy shall not be issued until the dumpster/waste container is removed.
d. 
Permits issued by the Zoning Officer not in conjunction with a Building Permit are granted for a period of thirty (30) days. At the expiration of the thirty (30) day period, the permittee may seek one extension of the permit up to an additional fifteen (15) days for an additional fee of fifty ($50.00) dollars. Each residential property is limited to a maximum of two (2) registrations per calendar year. A minimum of fifteen (15) days shall elapse between the end of a registration period and the beginning of another.
e. 
Dumpster/waste containers are prohibited from being placed in any street. No person shall park or leave unattended any dumpster/waste container on public property or along any highway without prior written consent of the Zoning Officer and/or the Governing Body.
f. 
No more than one dumpster/waste container may be located on a specific property within the Borough at one time. Dumpster/waste containers can be no closer than ten (10) feet to the property line unless placed on an existing impervious driveway. Any other location must be unobtrusive in nature and pre-approved by the Zoning Officer.
g. 
No dumpster/waste container shall be used for debris from a property other than the property with the block and lot where the dumpster is located.
[Ord. #6-1989, § 533]
No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard.
[Ord. #6-1989, § 534.1]
Where water supply is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Borough, County and/or State agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.
[Ord. #6-1989, § 534.2]
Where public water is not available, potable water supply shall be provided to each lot or dwelling by wells from groundwater supply. Such wells shall be designed in accordance with the requirements and standards of the Borough and/or State agency having jurisdiction.
[Ord. #6-1989, § 534.3]
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required to be in accordance with Section 22-509, Easements.
[Amended 6-17-2024 by Ord. No. 2024-07]
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 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 should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
b. 
Purpose.
The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 22-535.2.
c. 
Applicability.
1. 
This section shall be applicable to the following major developments:
(a) 
Non-residential major developments and redevelopment projects; and
(b) 
Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
2. 
This section shall also be applicable to all major developments undertaken by the Borough of Spring Lake Heights.
3. 
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
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.
[Amended 6-17-2024 by Ord. No. 2024-07]
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 used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
[Amended 6-17-2024 by Ord. No. 2024-07]
This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
[Amended 6-17-2024 by Ord. No. 2024-07]
a. 
Site design features identified under § 22-535.3 above, or alternative designs in accordance with § 22-535.3 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 § 22-535.4a2 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 (7.0) square inches or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(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 (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
2. 
The standard in § 22-535.4a1 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 (9.0) 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 the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1) 
A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
(2) 
A bar screen having a bar spacing of 0.5 inches.
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 (1 inch) spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(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.
[Amended 6-17-2024 by Ord. No. 2024-07]
a. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
b. 
Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
[Amended 6-17-2024 by Ord. No. 2024-07]
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 § 22-535.6c 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.
3. 
The applicant shall submit five (5) copies of the materials listed in the checklist for site development stormwater plans in accordance with § 22-535.6c.
b. 
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c. 
Submission of Site Development Stormwater Plan.
The following information shall be required:
1. 
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and 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 § 22-535.3 is 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 § 22-535.3 of this section.
(b) 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7. 
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of § 22-535.7.
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 § 22-535.6c1 through § 22-535.6c6 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.
[Amended 6-17-2024 by Ord. No. 2024-07]
a. 
Applicability.
Projects subject to review as in § 22-535.1c of this section shall comply with the requirements of Section 22-535.7b and 22-535.7c.
b. 
General Maintenance.
1. 
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2. 
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(a) 
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; and
(b) 
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.
3. 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
c. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Amended 6-17-2024 by Ord. No. 2024-07]
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 following penalties:
a. 
Any violation of any provision of this section shall be punishable by a fine not to exceed $2,000 for each offense and/or imprisonment for a term not exceeding 90 days. The following individuals shall be subject to punishment:
1. 
The homeowners' associations and private lot owners responsible for the preventative maintenance of residential stormwater management facilities shall be subject to fines, but not imprisonment, for its violations of this section.
2. 
The owner, general agent, contractor, or occupant of a building, premises, or part thereof where such a violation has been committed or does exist; and
3. 
The owner or party responsible for the maintenance of nonresidential stormwater management facilities.
4. 
Any agent, contractor, architect, engineer, builder, corporation, or other person who commits, takes part or assists in the violation.
b. 
Continuing Violations. Each day that a violation continues shall constitute a separate offense.
c. 
Reservation of Rights. 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.
d. 
Equitable Relief. In addition to the foregoing, the Borough of Spring Lake Heights may institute and maintain actions for equitable relief.
[Ord. No. 2013-07]
The "Leadership in Energy & Environmental Design Rating System," Version 3 (LEED 2009), April 2009 Edition, which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council ("USGBC") is hereby adopted by reference and incorporated into this chapter.
[Ord. No. 2013-07]
a. 
The Borough supports the use of green building practices and adopts the use of USGBC's Leadership in Energy Design ("LEED") Rating System for the design and construction of new buildings and major renovations and additions to Borough-owned buildings.
b. 
The Borough shall incorporate life-cycle and total cost accounting in the design, construction, and maintenance of all Borough-owned and financed buildings.
c. 
Borough funded capital improvement projects shall meet a minimum LEED "Silver" rating.
[Ord. No. 2013-07]
a. 
To encourage development projects to incorporate sustainable building and design measures, the Borough of Spring Lake Heights has established a Sustainability Checklist as part of the submission checklist for minor site plan, subdivision/major site plan, subdivision applications. Applicants are required to fill out the Sustainability Checklist form as a completeness item.
b. 
The Sustainability Checklist form incorporates proposed green energy and water conservation measures including:
1. 
The name of any LEED Accredited Professionals working on the project.
2. 
A list of appliances, fixtures and construction techniques which meet U.S. EPA's ENERGY STAR® and WaterSense standards.
3. 
A list of green and recycled building materials used in construction, renovation, and maintenance.
4. 
A Waste Management Plan for recycling and/or reusing 60% of all construction and demolition waste generated in projects larger than $25,000 outlining where waste will be sent for recycling, reuse, reprocessing, or disposal, together with a letter from each of the recipient facilities.
5. 
Use of any water efficient landscaping.
6. 
Use of any on-site renewable energy systems such as: Solar, Wind, Geothermal.
7. 
Details of roofing materials designed to reduce the urban heat island effect such as:
(a) 
Construction of roof top gardens to reduce solar gain in summer and insulate in winter.
(b) 
Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect.
8. 
Details of any sustainable stormwater systems employed such as:
(a) 
Bioswales/raingardens.
(b) 
Permeable surfaces.
(c) 
Grey water systems.
(d) 
Retention and detention facilities.
(e) 
Continuous trenching.
9. 
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides.
c. 
For each of the sustainable building/design items listed on the Sustainability Checklist form applicants must indicate the extent to which they are incorporating such a measure in the project; or, alternatively indicate the reason(s) why the measure is not being incorporated in the project.
[1]
The Sustainability Checklist, referred to herein, may be found as an attachment to this Chapter.
[Ord. No. 2013-07]
Three copies of the Leadership in Energy & Environmental Design Rating System (LEED 2009) for New Construction and Major Renovation, April 2009 Edition, promulgated by the US Green Building Council shall be maintained on file in the Office of the Borough Clerk.
[Added 12-18-2023 by Ord. No. 2023-11]
No hedges, shrubs or vegetation, within the primary and secondary front yard areas can exceed thirty (30) inches in height or have tree branches lower than eight (8) feet above the ground within twenty (20) feet of the property line.