[2000 Code § 30-55.1]
All maps, plats and plans required to be submitted by this chapter
shall conform to one of the following sizes: eight and one-half by
thirteen (8 1/2 x 13) inches; fifteen by twenty-one (15 x 21)
inches; twenty-four by thirty-six (24 x 36) inches; or thirty by forty-two
(30 x 42) inches.
[2000 Code § 30-55.2]
All plans shall be based on accurate information at a scale
of not less than one (1) inch equals fifty (50) feet, unless otherwise
noted, and shall show the entire tract to be developed giving the
accurate location of all existing and proposed property and street
lines, and shall also show or indicate the following information,
unless waived by the Board:
a.
Key Map. A map at a scale of not less than one (1) inch equals two
hundred (200) feet showing the entire development, zone districts,
and its relation to all features shown on the Official Map and Master
Plan located within five hundred (500) feet of the extreme limits
of the development.
b.
Structures, Wooded Areas and Topography. The location and dimensions
of existing and proposed buildings and structures, including dimensions
from all existing and proposed lot lines; existing vegetation; all
isolated trees more than eight (8) inches in diameter (measured four
(4) feet above ground); and the topography within the portion to be
developed and within one hundred (100) feet thereof at two (2) foot
contours.
c.
Owners. The name of the owner of the subject property and all owners
of property contiguous to and across existing or proposed streets
from the subject property as disclosed by the most recent Municipal
tax records.
d.
Identity. The Tax Map sheet, block and lot numbers and Zone District.
e.
Easements, Watercourses and Rights-of-Way. The location of existing
or proposed streets, roads, easements, public rights-of-way, streams,
bridges, culverts, drainage ditches, natural watercourses, flood control
basins, floodways and floodplains, in and within two hundred (200)
feet of the development.
f.
Public Areas. Any existing or proposed parks, Municipal lands, school
sites, historic sites or other public areas shown on the duly adopted
Master Plan and/or Official Map.
g.
Lots. The existing and proposed lot layout, lot dimensions, all required
setback lines, and lot areas of each lot in square feet. Lots shall
be designated by letters for minor subdivisions and by consecutive
numbers for major subdivisions until given official lot number designations
by the City.
h.
Date of original plan and any revisions, current name, and the old
name if submitted previously under a different title.
i.
Architectural drawings, including floor plans, roof plans, building
elevations and cross sections.
j.
Any other information required by the Board.
[2000 Code § 30-55.3]
If the sketch plan is being submitted for minor subdivision approval, it shall contain the information required under § 30-55.5 and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Chairman and Planning Board Secretary. If the plat is to be filed with the County Filing Officer, it shall meet the requirements of the Map Filing Act.
[2000 Code § 30-55.4]
The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals fifty (50) feet. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plan. Separate maps may be required by the Board for topography, utilities and road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plan shall be designed in compliance with the applicable provisions of Sections 30-56 and 30-57 of this chapter and shall show or be accompanied by the following information:
a.
Key Map. A map at a scale of not less than one (1) inch equals two
hundred (200) feet showing the entire development, Zoning District,
and its relation to all features shown on the Official Map and Master
Plan located within five hundred (500) feet of the extreme limits
of the development.
b.
Lots. Lot layout, lot dimensions, all required setback lines, and
individual lot areas in square feet and acreage. Lots shall be designated
by consecutive numbers until given an official lot number designation
by the City.
c.
Other Contents. The plan name, Tax Map sheet and date, if revision,
block and lot numbers, date of plan preparation, reference meridian,
scale, graphic scale and the following names and addresses:
d.
Acreage. Acreage of tract to be developed to nearest hundredth of
an acre.
e.
Elevations and Contours. Sufficient elevations and contours at two
(2) foot vertical intervals to determine the general slope and natural
drainage of the land and the high and low points for the entire tract
and for a distance of one hundred (100) feet from the tract boundary.
f.
Existing and Proposed Features. The location of all existing and
proposed property lines, streets, buildings, structures, parking areas,
driveways, watercourses, railroads, easements, bridges, culverts,
drain pipes, sanitary sewers, water mains, gas mains, power lines
and any natural features such as wooded areas, isolated trees over
eight (8) inches in diameter (measured four (4) feet above ground).
This data shall be determined by field and/or photogrammetric survey.
g.
Streets. Preliminary plans and profiles at a scale of not less than
one (1) inch equals fifty (50) feet horizontally and one (1) inch
equals five (5) feet vertically including cross-sections every fifty
(50) feet or as specified by the City Engineer of all proposed streets,
curbs, gutters and sidewalks within the development and proposed connection
with existing or future continuing streets. The radii distances of
all street lines shall be shown.
h.
Sewers, Drains, Ditches. Preliminary plans and profiles at a scale
of one (1) inch equals fifty (50) feet horizontally and one (1) inch
equals five (5) feet vertically of all proposed and existing sanitary
sewers, storm drains, drainage ditches and streams within the development,
together with the locations, sizes, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drainage ditch or stream
or watercourse to which the proposed facility shall be connected.
i.
Off-Site Improvements. When the development is contingent upon improvements
outside the boundaries of the lot or tract to be developed, certification
shall be supplied by the applicant, prior to Planning Board consideration
for preliminary approval that the improvements outside the tract are
installed and will be available to the applicant.
j.
Setback Lines. All front, rear and side yard lines shall be shown
for all lots.
k.
Deed Restrictions. A copy of any existing and proposed covenants
or deed restrictions applying to the land being developed shall be
submitted with the preliminary plan.
l.
Open Space. Any open space proposed to be dedicated for public use,
playgrounds or other public purpose shall be shown on the plan.
m.
Support Capability. When deemed necessary to determine the suitability
of the soil to support new construction, the Planning Board shall
require test holes or borings to be made by a New Jersey licensed
engineer or an approved testing laboratory at the expense of the applicant
under the direction of the City Engineer.
n.
Parking. Indicate parking, loading and unloading areas with dimensions,
traffic patterns, access aisles, parking stalls, curb radii and bumpers.
o.
Solid Waste. Indicate location and design of existing and proposed
methods of solid waste storage and disposal.
p.
Landscaping and Buffering. Show what will remain and what will be
planted. Indicate names of plants and trees, dimensions and spacing,
approximate time of planting and maintenance plans. All biotic and
nonbiotic landscape materials must be identified and illustrated,
when necessary, with cross sections and elevations. Landscape plans
submitted as part of an Application for Development under this section
shall be prepared by a landscape architect certified by the New Jersey
State Board of Architects and Certified Landscape Architects.
q.
Lighting. Indicate types of standards and fixtures, locations, radii
of light, and intensities in footcandles.
r.
Signs. Indicate location, dimensions and details.
s.
Architectural Plans. Include plans for proposed buildings prepared
by an architect registered with the New Jersey State Board of Architects
and Certified Landscape Architects. Drawings shall include floor plans,
roof plans, building elevations and cross sections.
[2000 Code § 30-55.5]
The final plan and all final plans and profiles of improvements
and other original exhibits shall show or be accompanied by the following,
where applicable:
a.
Identification. Date, name and key map of the development, name of
owner, scale, graphic scale and reference meridian. The final plan
shall be drawn at a scale of not less than one (1) inch equals fifty
(50) feet.
b.
Survey Data. Tract boundary lines, rights-of-way lines of streets,
street names, easements, and other rights-of-way, land to be reserved
or dedicated to public use, and all lot lines with accurate dimensions.
Where appropriate, the bearings, distances, arc lengths, central angles,
tangents, and radii of all curves and lot lines and areas of each
lot in square feet shall be shown.
c.
Public Use. The purpose of any easement or land reserved or dedicated
for public use shall be indicated.
d.
Block and Lots. All block, lot and house numbers shall be approved
by the City Engineer and the Tax Assessor, and shall be related to
existing block and lot numbers as shown on the Official Tax Map of
the City.
e.
Monuments. Location and description of all required monuments shall
be shown.
f.
Consent of Owner. Certification that the applicant is agent or owner
of the land, or that the owner has given consent to file the plan.
g.
Approval. When approval of a plan is required by any officer or body,
whether Municipal, County or State, approval shall be certified on
the plat.
h.
Agreements. Agreements providing for ownership of common areas including
the perpetual maintenance and continuance of ownership.
i.
Changes from Preliminary Plan. An affidavit signed and sworn to by
the applicant that the final plan is exactly the same as the preliminary
plan approved by the Board. If there are changes, they shall be noted
and the reasons indicated for the changes.
j.
Certifications. The following certifications shall appear on the
final plan, where appropriate:
1.
"I hereby certify that this map and the survey have been made under
my immediate supervision and comply with the provisions of the Map
Filing Law. (Include the following if applicable). I do further certify
that the monuments as designated and shown hereon have been set.
______________________________________
Licensed Land Surveyor (affix seal)
______________________________________
Date
If monuments are to be set at a later date, the following endorsement
shall be shown on the map).
(a)
"I certify that a bond has been given to the City of Asbury
Park guaranteeing the future setting of the monuments shown on this
map and so designated."
_________________________________
City Clerk
_________________________________
Date
2.
"I have carefully examined this map and find it conforms with the
provisions of the Map Filing Law and the municipal ordinance and requirements
thereto."
_____________________________________
City Engineer (affix seal)
_____________________________________
Date
3.
"This application No ______ is approved by the Asbury Park Planning
Board as a major development."
_____________________________________
Chairman
______________________________________
Date
______________________________________
Secretary
______________________________________
Date
[2000 Code § 30-56]
In reviewing any development, the Planning Board shall consider
the items contained in this section.
[2000 Code § 30-56.1]
(The orientation and design of buildings and parking areas.)
The Board must strive to ensure that the applicant has provided an
aesthetically pleasing design which is architecturally compatible
with other buildings in the area. Particular attention shall be given
to safety and fire protection; arrangement of buildings to maximize
solar access and energy efficiency; and impact on and from surrounding
development and contiguous and adjacent buildings and lands. No principal
building shall be located nearer to any other principal building less
than a distance equal to fifty (50%) percent of the height of the
taller building. If the buildings overlap by ten (10) feet or less,
the distance between them shall be not less than twenty-five (25%)
percent of the height of the tallest building. The minimum distance
between buildings shall not be less than twenty (20) feet.
[2000 Code § 30-56.2]
The movement of pedestrian and vehicular traffic within and
adjacent to the site. Particular emphasis shall be given to ingress
and egress points; provision and layout of parking areas; off-street
loading and unloading; movement of people, goods and vehicles within
the site, between buildings and between buildings and vehicles.
The Planning Board shall ensure that all parking spaces are
usable and are safely and conveniently arranged. Access to the site
from adjacent roads shall be designed so as to interfere as little
as possible with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
[2000 Code § 30-56.3]
a.
Landscaping shall be provided as part of the overall development
design and integrated into building arrangements, topography, parking,
and buffering requirements. Landscaping should include trees, shrubs,
ground cover, perennials, annuals, sculpture, art (where appropriate),
and the use of building and paving materials in an imaginative and
aesthetic manner. Landscaping shall be maintained and the owner shall
be responsible for replacement of dead plants and damaged landscaping
materials. All developments subject to major development approval
including new public improvements shall include a landscaping plan
prepared by an appropriate professional as part of the submission.
Landscape improvements shall be installed pursuant to an approved
landscape plan and shall be performed by a professional landscape
contractor. Landscape buffers, consisting of screen plantings, berms,
fences, walls, or combinations thereof, shall be incorporated into
the landscape plan where appropriate or required. Particular emphasis
should be given to areas of the site which border potentially conflicting
adjacent land uses (see illustration). Buffering shall be located
to minimize headlights, noise, lights from structures, and the movement
of people and vehicles.
b.
Where an application for either a major or minor development is made
before the Planning Board or Zoning Board of Adjustment, such development
plans must provide for one (1) street tree for every fifty (50) feet
of street frontage that the lot(s) contain. In the event that the
applicant can show that there are adequate, viable street trees existing
at the site of the proposed development or that it is not practical
to plant trees at the required location, a contribution equivalent
to the cost of providing the required street trees shall be made to
the City and designated for use by the Asbury Park Shade Tree Commission.
When an applicant represents to the Board that adequate street trees
exist adjacent to a proposed development site, the Planning Board
shall condition its approval upon a determination by the Shade Tree
Commission that the existing trees are viable or that the required
planting locations are impractical. The approval shall be further
conditioned upon payment by the applicant of a contribution to the
City in an amount determined by the Shade Tree Commission to equal
the cost of installation of the required street trees. With respect
to the planting of new street trees in connection with an approved
major or minor development, the Shade Tree Commission shall set minimum
standards regarding acceptable species, plant size and planting procedures.
 |
[2000 Code § 30-56.4; amended 6-9-2021 by Ord. No. 2021-20]
a.
General. Sufficient exterior illumination shall be provided to ensure
the safety of persons and security of property between the hours of
sunset and sunrise. Lighting shall be designed so as to avoid the
creation of hazards to pedestrians, vehicles or nuisances to adjoining
property owners or residents. There shall be a preference for lighting
that is certified Dark Sky Friendly by the International Dark-Sky
Association. The following shall apply to all exterior lighting luminaires.
1.
Illumination levels, lamp color, and fixture type shall be coordinated
in a consistent approach and shall complement architecture and landscape
design.
2.
Lighting shall be designed to provide the greatest degree of legibility
of site and building conditions, as perceived by persons entering,
occupying and exiting the site by all modes of mobility, through using
the lowest possible illumination levels such that sky glow, glare
and light trespass are minimized.
3.
All cabling supplying electricity for exterior lighting shall be
installed underground.
4.
Lighting fixtures shall be non-glare, full cut-off and fully shielded.
5.
Except for any lighting for security purposes as required by N.J.A.C.
17:16K-10, all lighting for non-residential uses shall be controlled
by photoelectric sensors and circuit timers so that lights may be
automatically turned off during non-business hours.
6.
The color temperature of exterior light fixtures shall not exceed
2,700K.
7.
Illumination levels shall not exceed 0.1 foot-candles at the property
line.
b.
Specific Requirements for Parking Lots.
1.
Exterior lighting fixtures shall not exceed a maximum height of 14
feet.
2.
Lighting fixtures may be attached to a building, provided that such
lighting is focused downward and is full cut-off and fully shielded.
3.
Illumination Levels. The minimum level of illumination shall be 0.5
foot-candles, the average level of illumination shall not exceed 1.0
foot-candle and maximum illumination shall not exceed the minimum
illumination by more than a ratio of 10 to 1. The uniformity of lighting
shall not exceed a ratio of maximum to average illumination of 4:1.
4.
Parking lot lighting shall also comply with the provisions under
paragraph a of this subsection.
[2000 Code § 30-56.5]
Storm drainage, including water retention and detention, sanitary
waste disposal, water supply and solid waste collection and disposal
shall be reviewed and considered. Particular emphasis shall be given
to the adequacy of existing systems and the need for improvements,
both on-site and off-site, to adequately carry runoff and sewage,
and to maintain an adequate supply of water at sufficient pressure.
(Reserved)
[2000 Code § 30-56.7]
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life shall be reviewed and the design of the plan
shall minimize any adverse impact on these elements.
[2000 Code § 30-56.8]
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins,
or public area such as parks, school sites, historic sites or similar
lands within the proposed development, such areas shall be shown on
the plan in locations and sizes suitable to their intended uses. The
Planning Board may reserve the locations and extent of such public
areas in accordance with the requirements of N.J.S.A. 40:55D-44.
[2000 Code § 30-57.1]
It is the purpose of this section to establish reasonable standards
for development in order to mitigate the demand for City services
and facilities and thereby avoid adverse impacts upon the health,
safety and welfare of the general public. These standards are also
intended to promote consistency in development, avoid congestion,
and improve and preserve the aesthetic quality of the City.
[2000 Code § 30-57.2]
a.
General. Proposed streets and extensions of existing streets shall
conform to Master Plan and Official Map recommendations. Those streets
not shown on the Master Plan or Official Map shall be designed and
located to facilitate orderly circulation patterns, assure access
by emergency vehicles, and provide for future connections to adjoining
property.
b.
Specific Requirements for Streets.
1.
Minor streets shall be so designed as to discourage through traffic.
2.
Developments abutting primary or secondary arterial streets shall,
at the discretion of the Planning Board, provide reverse frontage
with a buffer strip, or driveways with turnarounds. (See illustration)
 |
3.
The right-of-way and pavement widths shall not be less than the following:
|
R.O.W.
|
Cartway
| |
|---|---|---|
|
Primary arterial
|
66'
|
44'
|
|
Collector
|
60'
|
36'
|
|
Local street
|
40' - 50'
|
24' - 32'
|
|
Marginal access street
|
40'
|
24'
|
|
The right-of-way width for internal roads and alleys in multifamily,
commercial and industrial development shall be determined on an individual
basis, and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for public safety equipment.
|
4.
No development showing reserve strips controlling access to streets
shall be approved except where such strips have been deeded to the
City.
5.
Grades on minor streets shall not exceed ten (10%) percent. No street
shall have a minimum grade of less than one-half of one (.5%) percent.
6.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees.
7.
Dead-end streets shall not be longer than six hundred (600) feet
and shall provide a turnaround at the end with a radius of not less
than forty (40) feet.
8.
Developments that include existing streets which do not conform to
pavement and/or rights-of-way widths as shown on the Master Plan,
Official Map, or as required by this article, shall provide for the
dedication and improvement to City specifications of the additional
width. If the development adjoins one (1) side of an existing street
which does not meet City standards, only one-half (1/2) of the required
extra width shall be dedicated and improved to City specifications.
9.
Service features, garages, parking areas and entrances to dwelling
units shall, where possible, be located on a side of the individual
lot having access to a local street. Walkways should be designed to
connect dwelling units with each other and connect each dwelling unit
with common open space.
10.
Streets and their appurtenances shall be constructed according to
the following specifications:
All streets shall be improved with a two and one-half (2 1/2)
inch two-course type S.M. bituminous concrete pavement in accordance
with current New Jersey State Highway Department specifications on
a five and one-half (5 1/2) inch thick, two and one-half (2 1/2)
inch size broken stone base. Where subbase conditions of the proposed
street are wet, springy or of such a nature in the opinion of the
City Engineer that paving would be inadvisable without first treating
the subbase, the subbase shall be prepared by the installation of
suitable subsurface drainage or other means as may be required to
meet the special condition. The method employed to stabilize the base
must be approved by the City Engineer.
c.
Specific Requirements for Curbs and Sidewalks.
1.
Curbs. Curbs shall be constructed on both sides of all streets, and
shall be not less than eighteen (18) inches deep and six (6) inches
in width at the top and eight (8) inches in width at the bottom and
shall be constructed of a minimum concrete mixture of one (1) part
cement, two (2) parts washed sand and three (3) parts washed gravel,
or other suitable aggregate. The concrete shall have a compressive
strength of three thousand (3,000) pounds per square inch after twenty-eight
(28) days. The minimum length of blocks shall be ten (10) feet, with
a performed bituminous expansion joint filler one-half (1/2) inch
thick installed every forty-nine (49) feet. The finish shall be a
float finish with corners rounded.
2.
Sidewalks. All streets shall be provided with concrete sidewalks
at least four (4) feet in width, and four (4) inches in thickness,
except at driveways where the sidewalk shall be at least six (6) inches
in thickness. The concrete shall have a compressive strength of four
thousand (4,000) pounds per square inch after twenty-eight (28) days.
Sidewalks shall be provided on both sides of a street.
[2000 Code § 30-57.3]
Because a substantial amount of erosion and sedimentation is
likely to occur during construction of development which may impact
adjacent properties, the Development Plan must show measures used
to control erosion and reduce sedimentation. Such measures must be
approved by the Monmouth County Soil Conservation District and installed
prior to excavation of the site.
[2000 Code § 30-57.4]
a.
Underground Utilities. In all developments all utility distribution
services shall be installed underground. The applicant shall arrange
with the serving utility for the underground installation of the utility's
distribution supply lines, 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 Utilities Commissioners, and shall submit to the Board,
prior to the granting of final approval, a written instrument from
each serving utility which shall evidence full compliance with the
provisions of this subsection; except, however, that the Board in
its discretion may permit lots which abut existing streets where overhead
electric or distribution supply lines have heretofore been installed
on any portion of the street involved, to be supplied with electric
and telephone service from those overhead lines, but the service connections
from the utility's overhead lines shall be installed underground.
All underground utility work which will be under the pavement of the
street shall be laid sufficiently in advance to allow for complete
settlement of the trenches and in no event shall construction work
be permitted over such excavation which, in the opinion of the City
Engineer, has not properly settled.
In any particular situation where the applicant can clearly
demonstrate that because of unusual topographic conditions or other
unusual conditions having to do with the land, the installation of
such utilities underground is impracticable or otherwise not feasible
due to such condition, then the Planning Board, in its discretion,
may waive this requirement for underground installation.
Stormwater drainage and wastewater utilities shall be installed
as follows:
1.
Stormwater drainage. All streets shall be provided with catch basins
and pipes which, in the opinion of the City Engineer, are necessary
for proper surface drainage. The requirements of this section shall
not be satisfied by the construction of dry wells.
(a)
Catch basins shall be designed in accordance with New Jersey
Highway Department standard plans and specifications. Frames and grates
shall be Campbell Foundry Co. Pattern No. 2541 or No. 2548, steam
flow grating with eight-inch curb face, or equal.
(b)
Storm drain pipes shall be reinforced concrete culvert pipe,
extra strength, conforming to A.S.T.M. specifications C-76-55 when
installed in streets, and may be reinforced concrete sewer pipe, standard
strength conforming to A.S.T.M. specifications C75-55 when installed
off streets. Joints shall be Bell and Spigot properly caulked with
jute or oakum and filled with cement mortar or shall be provided with
a suitable rubber gasket of a type approved by the City Engineer and
installed in accordance with the manufacturer's recommendations.
(c)
Manholes shall be designed in accordance with New Jersey State
Highway Department standard plans and specifications.
2.
Wastewater Discharge. Sanitary sewers designed in accordance with
applicable State and local regulations shall be installed in a manner
adequate to handle all present and future developments subject to
the approval of the Construction Official or the City Engineer. Connection
to a City sewer line shall be made only after issuance of a Street
Opening and Connection Permit from the Department of Public Maintenance.
b.
Refuse Storage. Refuse storage areas shall be so designed as to minimize
any detrimental effect on the character of any development.
c.
Laundry Facilities. In multifamily developments, adequate laundry
equipment, including washers and dryers, shall be provided and conveniently
located for the sole use of occupants. Drying yards shall be prohibited.
d.
Television Reception. Facilities for television reception shall be
built into all multifamily developments. Individual roof antennae
of any kind shall not be permitted.
e.
Swimming Pools. A single swimming pool may be provided as an accessory use for the sole use of occupants on the same site as a multifamily development. The pool shall comply in all respects with Article VI of this chapter, except that pool and any other recreation facilities shall set back not less than ten (10) feet from any property line and further provided that such facilities shall not be permitted in any required front yard.
f.
Design and Facilities. In multifamily developments, accessory buildings
and facilities shall be designed to harmonize with the overall character
of the development and shall meet the setback requirements set forth
herein.
g.
Storage. Adequate provision for the storage of such items as yard
and garden equipment, fireplace wood, etc., shall be provided in all
multifamily development.
[2000 Code § 30-57.5; amended 6-9-2021 by Ord. No. 2021-20]
Inasmuch as open space contributes to the provision of light and air to occupants of a development, reduces density and improves the aesthetics of a development, site plans shall hereafter include designated areas of open space. Open space may be areas of the site left in an undisturbed natural condition, provided such is in keeping with the overall aesthetic integrity of the site plan. Open space may also be provided as landscaped sitting places, plazas and/or lawn areas. The amount of open space to be provided shall be in accordance with the open space ratios required in Article VI, Zoning.
[Added 11-8-2023 by Ord. No. 2023-34]
a.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts within the City and shall not require a variance pursuant
to N.J.S.A. 40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to paragraph
d below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1 above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer and/or Transportation Manager shall enforce all
signage and installation requirements described in this section. Failure
to meet the requirements in this section shall be subject to the same
enforcement and penalty provisions as other violations of the City
of Asbury Park's land use regulations.
5.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1, et seq., or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the zoning officer, provided the application meets the following
requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119, et seq.), any safety
standards concerning the installation, and any State rule or regulation
concerning electric vehicle charging stations.
6.
All installations of EVSE or Make-Ready spaces shall require a zoning
permit pursuant to this chapter. Completeness shall be determined
in accordance with the requirements of the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-1, et seq.
7.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
c.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1 above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least four percent of the total parking spaces as
Make-Ready parking spaces, at least 5% of which shall be accessible
for people with disabilities, if there will be more than 150 off-street
parking spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of paragraph c2(e) above, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or Make-Ready parking
spaces.
d.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 30-59 (Parking and Loading Standards), as well as the individual parking requirements per zone or applicable redevelopment plan.
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces above
what is required in paragraph c2(d) above may be encouraged, but shall
not be required in development projects.
e.
Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation.
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than 9 feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking.
(a)
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Publicly-accessible ESVE shall be included in subsection 7-43.3 (Electric Vehicle Charging Areas) or the Municipal Code.
(d)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking regulations. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or Subsection 7-43.2 (Guidelines Related to Parking for Electric Vehicles Only). Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(e)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly-accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to paragraph 5
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the City of Asbury Park's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly-accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be 3 to 4 feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph (e) below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly-accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A 24-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the City of Asbury Park shall require the owners/designee of publicly-accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
5.
Signs.
(a)
Publicly-accessible EVSE shall have posted regulatory signs,
as identified in this subsection, allowing only charging electric
vehicles to park in such spaces. For purposes of this subsection,
"charging" means that an electric vehicle is parked at an EVSE and
is connected to the EVSE. If time limits or vehicle removal provisions
are to be enforced, regulatory signs including parking restrictions
shall be installed immediately adjacent to, and visible from the EVSE.
For private EVSE, installation of signs and sign text is at the discretion
of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with paragraph (b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly-accessible
EVSE parking spaces:
(1)
Hours of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Whether or not usage fees and/or parking fees are applicable
and where they can be purchased; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage Fees.
(a)
In addition to any parking fees, the fee to use both publicly-accessible
and private EVSE spaces within the municipality shall be no more than
$0.50 for each kilowatt hour that the electric vehicle is connected
to the EVSE.
(b)
This fee may be amended by an ordinance adopted by the governing
body.
[2000 Code § 30-57.7; Ord. No. 2021-20]
[2000 Code § 30-57.8; Ord. No. 2021-20]
[2000 Code § 30-57.9]
All new construction within a historic district now or hereafter
designated in the Historic Preservation Element of the Asbury Park
Master Plan shall include architectural elements which cause such
construction to be in character with the historic district in which
it is located. The architectural elements to be included will be based
upon structures of similar use already existing within the block fronts
on either side of the street within which the site of the proposed
construction is located. If a particular architectural element such
as a cornice, columns, front porch, dormer window, second story, etc.,
is present in fifty (50%) percent or more of the existing buildings
within both block fronts of the block where the site of the proposed
residential building is located, that architectural element must also
be included in the design of the proposed construction.
[2000 Code § 30-57.10]
No residential building constructed after the effective date
of this section shall contain separate dwelling units in any portion
of the building where the finished floor elevation is below the elevation
at the center line of the street upon which the property has frontage.
[2000 Code § 30-57.11]
In order to assure that future development is designed to accommodate
the recycling of solid waste, all site plan drawings submitted for
development approval shall include the following:
a.
Each application for residential development must include provisions
for the collection, disposition, and recycling of recyclable materials.
The plans shall indicate the location of space equal to at least twelve
(12) square feet of floor area per dwelling unit conveniently arranged
and located as a holding area for a four (4) week accumulation of
materials. Such an area may be within a hidden laundry room, basement,
garage or outdoor accessory building, but shall not be otherwise located
outdoors in the open.
b.
Each application for a nonresidential use which utilizes one thousand
(1,000) square feet or more of floor area must include provisions
for the internal collection, disposition and recycling of recyclable
materials. Each application shall quantify the amount of recyclable
material it will generate as part of its weekly operation, including
newspapers, white high grade paper, glass, aluminum, tin and bimetal
cans and cardboard. The application shall provide a storage area sized
to contain one (1) week of recyclable material. The storage area shall
also be designed for truck access for pickup of materials and be suitably
screened from view.
[2000 Code § 30-57.12; amended 6-9-2021 by Ord. No. 2021-20]
a.
It shall be unlawful to damage or destroy any street tree in the City. Removal of street trees may be permitted with the approval of the City. No Certificate of Zoning Compliance for any new building shall be issued unless one (1) or more street trees have been planted in accordance with the provisions of this section and § 30-56.3 of the Land Development Regulations.
b.
An applicant may make a written request that required street tree(s)
will be planted within the earlier of six (6) months or sixty (60)
days prior to the beginning of the next non-planting season. The non-planting
season for the purpose of this section shall be June 15th to September
15th or any time of the year when the ground is frozen more than three
inches below the surface of the soil.
c.
Specifications for Street Tree Plantings.
1.
Design. Prior to the issuance of a Zoning Permit for the construction
of a new building or the approval of a site plan or subdivision application,
a plan shall be submitted showing the location of existing and proposed
street trees. Trees shall either be massed at critical points or spaced
at regular intervals along the street, or both. When trees are planted
at regular intervals along streets, spacing shall be between 30 and
40 feet on-center, depending on the species of tree(s) to be planted.
Where there is an established pattern of street trees, the spacing,
anticipated mature size and form of new trees shall be designed to
match, to the greatest extent possible, that of the existing street
trees.
2.
Street Tree Locations. The following requirements are intended to
avoid conflicts with public street infrastructure and adjacent site
conditions when street trees are installed:
(a)
Trees shall not be planted directly in front of building entrances
in order to permit access by emergency services. A tree may be placed
in front of an entrance if the sidewalk is at least 15' wide at that
point or the distance from the entrance to the tree is at least 12'.
(b)
Trees should not reduce the minimum width of sidewalks free
of impediments below five feet 5'.
(c)
The minimum horizontal distance from traffic signs to a tree
trunk shall be five feet.
(d)
The minimum distance from a fire hydrant to a tree trunk shall
be five feet.
(e)
The minimum distance from a curb cut or driveway to the edge
of a tree pit shall be one foot.
(f)
The minimum distance from the corner of a street intersection
to the tree trunk shall reflect the required site distance as determined
by the City.
(g)
All street tree planting beds shall be contiguous to the street
curb. However, variations may be permitted subject discretion of the
approving authority.
(h)
Street trees may be planted on either side of sidewalks in lawn
areas where there is sufficient room between the property line and
the street curb.
3.
Tree Species. Tree species may vary depending on the overall effect
desired, or all trees shall be of similar type (e.g. open vs. dense
foliage) form, and height as the predominant species found in the
immediate area, except where it is appropriate to vary the visual
or spatial character of trees. Exclusive use of one species should
be avoided to prevent the spread of pest or disease infestation. Preference
shall be given to native, native-adapted and non-invasive species.
Selection of tree species shall be approved by the Planning Board
as part of the review of a site plan or subdivision application, or
by the Zoning Officer for new construction not requiring development
approval from the approving authority.
4.
Planting Requirements. All trees shall conform to the most recent
edition of the American Standard for Nursery Stock (ANSI Z60.1) as
promulgated by the American Association of Nurserymen. The minimum
size for street trees shall be a caliper dimension of two and a half
to three (3) inches. Trees shall be nursery grown, of substantially
uniform size and shape, and have straight trunks. Trees shall be properly
planted and shall be staked, if necessary or required by the Zoning
Officer. Provision shall be made by the applicant for regular watering
and maintenance until they are established. Dead or dying trees shall
be replaced by the applicant during the next planting season.
5.
Planting area and planting medium. A prepared planting area shall
be provided for each street tree. The planting area shall consist
of a prepared soil planting medium and shall conform with the following
requirements:
(a)
Street tree planting area, volume and surface cover:
(1)
Sidewalks greater than 10 feet in width: five feet wide by 10
feet long and two feet deep, with an exposed planting area of five
feet by five feet. The remainder of the tree planting area surface
area shall be covered with pervious pavers, permeable pavement, vegetative
groundcover or mulch.
(2)
Sidewalks less than 10 feet in width: four feet wide by 12 feet
long and two feet deep, with an exposed planting area of four feet
by six feet. The remainder of the tree planting area surface area
shall be covered with pervious pavers, permeable pavement, vegetative
groundcover or mulch.
(3)
In residential zone districts or where there are especially
wide sidewalks, the entire planting area may have the entire surface
area open with mulch, lawn or other vegetative groundcover.
(4)
In all other areas, a surface treatment, such as permeable pavement,
porous pavement, or permeable pavers may be used on top of a portion
of the exposed planting area of the tree pit, so long as said treatment
is able to adjust with the growth of the tree.
(5)
Planting Medium. Planting medium
shall consist of loam topsoil. Topsoil shall be free from subsoil.
Subsoil shall be removed to a depth of one foot or more if subsoil
is encountered. Topsoil shall be of uniform quality, free from hard
clods, stiff clay, hardpan, sods, particularly disintegrated stone,
lime, cement, ashes, slag, concrete, tar residues, tarred paper, boards,
chips, sticks or any other undesirable material. Topsoil shall meet
the following requirements:
(a)
Organic Matter. Backfill shall contain between
5%-12% organic matter.
(b)
pH. The pH shall be in the range of 6.0 to 7.0
inclusive, unless otherwise approved.
(c)
Soil Textural Analysis. Topsoil shall consist of
the following percentages of sand, silt and clay:
Rocks, Stone and Gravel (>2.0 mm) <5%
Sand (0.05-2 mm) 40%-60%
Silt (0.002-0.05 mm) 20%-50%
Clay (<0.002 mm) 20% Max.
d.
Planting Requirements for Paved Areas.
1.
Applicability. These requirements shall apply to areas within sites
where at least fifty (50%) percent of the ground surface is proposed
to be covered with impervious surfaces paved and/or where pedestrian
traffic is too intense to allow grass to grow.
2.
Root zone requirements. A prepared root zone shall be provided for
shade, ornamental and evergreen trees at a minimum diameter equal
to five times the diameter of the root ball.
3.
Soil mixture. The soil mixture for trees and shrubs planted in paved
areas such as court yards and parking areas shall utilize a structural
soil that supports pavements while allowing air and water to move
thorough the planting medium, such as CU soil or a soil cell system,
such as Silva Cells.
4.
Drainage requirements. Where structural soil or soil cells are used,
a drainage system consisting of horizontally laid three (3) inch minimum
diameter perforated pvc pipe shall be installed at least thirty-six
(36) inches below the ground surface on each side of the prepared
root zone. The pipe shall be laid at a minimum slope of 0.5% and maximum
slope of 2.0%, with perforations facing upward on a three (3) inch
layer of crushed stone and shall be covered by a fiber mat to allow
water percolation without siltation. Where the horizontal pipes intersect
there shall be a vertical perforated pvc pipe of the same diameter
extending to the ground surface in order to provide aeration and a
mechanism for deep watering.
5.
Surface material. The surface area over the prepared root zone in
non-structural areas such as yards and buffers, shall be covered with
organic mulch. In areas with pedestrian traffic such as courtyards,
the surface over the prepared root zone shall be covered with either
a monolithic pervious pavement, open jointed pavers or metal air vent
grates to prevent soil compaction and to permit penetration of air
and water.
e.
Site Protection and General On-Site Planting Requirements.
1.
Topsoil preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide at
least four (4) inches of even cover to all disturbed areas of the
development and shall be stabilized by seeding or planting.
2.
Removal of debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Zoning Officer, be used as mulch
in landscaped areas.
3.
Protection of existing plantings. Maximum effort should be made to
save specimens which are significant due to size or relative rarity.
No material or temporary soil deposits shall be placed within four
(4) feet of shrubs or ten (10) feet of trees designated to be retained
on the preliminary and/or final plat. Protective barriers or tree
wells shall be installed around each plant and/or group of plants
that are to remain on the site. Barriers shall not be supported by
the plants they are protecting, but shall be self-supporting. They
shall be a minimum of four (4) feet high and constructed of a durable
material that will last until construction is completed. Snow fences
and silt fences are examples of acceptable barriers.
4.
Planting specifications. Deciduous trees shall have at least two
and one-half (2 1/2) inch caliper at planting, measured at six
(6) inches from the base of the trunk. Size of evergreens and shrubs
shall be allowed to vary depending on setting and type of shrub, except
that buffer plantings shall be sufficiently large and planted in such
a fashion that a screen at least six (6) feet in height shall be produced
at the time of planting and a screen of eight (8) feet in height shall
be produced within three (3) growing seasons. Buffer design shall
provide maximum protection to adjacent properties and avoid damage
to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used
as buffers, the minimum top width shall be four (4) feet, and the
maximum side slope shall be 2:1.
5.
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specified plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials, or parking shall be permitted within the buffer area;
buffer areas shall be maintained and kept free of all debris, rubbish,
weeds, and tall grass.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including Green Infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," and "minor development" as defined below in § 30-58.2, and to implement the requirements of the New Jersey Stormwater Management Rules at N.J.A.C. 7:8 for all areas of the City. In the event of conflict with any provision of this section, the requirements of N.J.A.C. 7:8 shall govern.
c.
Applicability. This section shall be applicable to all major and
minor development as defined herein and projects subject to municipal
review in the City of Asbury Park.
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 under the municipal review
process 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.
e.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 3-24-2021 by Ord.
No. 2021-8]
For the purpose of this section (only), the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Shall mean those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Shall mean the map used by the Department to identify the
location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and
CAFRA nodes. The CAFRA Planning Map is available on the Department's
Geographic Information System (GIS).
Shall mean the City of Asbury Park, in the County of Monmouth,
State of New Jersey.
Shall mean an infiltration system, sand filter designed to
infiltrate, standard constructed wetland, or wet pond, established
in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed
in accordance with the New Jersey Stormwater Best Management Practices
Manual, or an alternate design, approved in accordance with N.J.A.C.
7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond and that complies with the
requirements of this section.
Shall mean the increase in soil bulk density.
Shall mean the area from which stormwater runoff drains to
a stormwater management measure, not including the area of the stormwater
management measure itself.
Shall mean a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Shall mean an agency designated by the County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Shall mean the Department of Environmental Protection.
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlarge-enlargement of any building or structure,
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission is required under the Municipal Land Use
Law, N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1, et seq.
Shall mean the placement or reconstruction of impervious
surface or motor vehicle surface, or exposure and/or movement of soil
or bedrock or clearing, cutting, or removing of vegetation. Milling
and repaving is not considered disturbance for the purposes of this
definition.
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Shall mean neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
Shall mean the following areas where the physical alteration
of the land is in some way restricted, either through regulation,
easement, deed restriction or ownership such as: wetlands, floodplains,
threatened and endangered species sites or designated habitats, and
parks and preserves. Habitats of endangered or threatened species
are identified using the Department's Landscape Project as approved
by the Department's Endangered and Nongame Species Program.
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Shall mean a stormwater management measure that manages stormwater
close to its source by:
Shall mean an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which
is identified by a 14-digit hydrologic unit boundary designation,
delineated within New Jersey by the United States Geological Survey.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean the process by which water seeps into the soil
from precipitation.
Shall mean one or more public entities having stormwater
management planning authority designated by the regional stormwater
management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves
as the primary representative of the committee.
Shall mean utilizing strategies and measures that manage
stormwater runoff quantity and quality in the absence of structural
stormwater measures, such as minimizing site disturbance, preserving
natural vegetation and other important site features such as forests,
reducing and disconnecting impervious cover, minimizing proposed ground
slopes, utilizing native vegetation, minimizing turf grass lawns,
revegetating areas, increasing time of concentration, and maintaining
and enhancing natural drainage features and characteristics.
Shall mean an individual "development," as well as multiple
developments that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since the effective date of this section; or
A combination of paragraphs b and c above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs a, b, c or d above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1, et seq., are also considered "major development."
|
Shall mean any development that results in an increase in
impervious surface of one thousand square feet or more or disturbance
of five thousand square feet or more of land, but does not meet the
definition of a Major Development.
Shall mean land vehicles propelled other than by muscular
power, such as automobiles, motorcycles, autocycles, and low speed
vehicles. For the purposes of this definition, motor vehicle does
not include farm equipment, snowmobiles, all-terrain vehicles, motorized
wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming
machines, or vehicles that run only on rails or tracks.
Shall mean any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Shall mean the City of Asbury Park, in the County of Monmouth,
State of New Jersey.
Shall mean the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 30-58.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Shall mean an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
Shall mean any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011, et seq.),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Shall mean any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Shall mean any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Shall mean solid material, mineral or organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water or gravity as a product of erosion.
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean an area delineated on the State Plan Policy Map
and adopted by the State Planning Commission that is intended to be
the focus for much of the State's future redevelopment and revitalization
efforts.
Shall mean the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Shall mean an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP
may either be normally dry (that is, a detention basin or infiltration
system), retain water in a permanent pool (a retention basin), or
be planted mainly with wetland vegetation (most constructed stormwater
wetlands).
Shall mean any practice, technology, process, program, or
other method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Shall mean a public body authorized by legislation to prepare
stormwater management plans.
Shall mean the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
Shall mean a flood hazard area in which the flood elevation
resulting from the two-, 10-, or 100-year storm, as applicable, is
governed by tidal flooding from the Atlantic Ocean. Flooding in a
tidal flood hazard area may be contributed to, or influenced by, stormwater
runoff from inland areas, but the depth of flooding generated by the
tidal rise and fall of the Atlantic Ocean is greater than flooding
from any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Shall mean a neighborhood given priority access to State
resources through the New Jersey Redevelopment Authority.
Shall mean a zone designated by the New Jersey Enterprise
Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act,
N.J.S.A. 52:27H-60, et. seq.
Shall mean previously developed portions of areas:
Shall mean a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, 10-, or 100-year storm, flood
hazard area limit, and/or floodway limit of the water. Examples of
a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Shall mean the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Shall mean an area that is inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39, et seq., and
implementing rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
c.
In the event the proposed development is considered "Minor Development" as defined in this section the applicant must comply with provision of § 30-58.7.
d.
When a proposed development is not considered a 'major development'
or 'minor development', as defined herein, the applicant's engineer
shall demonstrate that postdevelopment runoff rates do not exceed
predevelopment runoff rates to adjacent properties of record.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-58.11.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-58.4p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-58.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 30-58.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 30-58.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 30-58.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found beneath Table 3
below.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found beneath Table 3
below).
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 30-58.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a 10-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 30-58.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-58.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 30-58.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 30-58.4o only if the measures meet the definition of green infrastructure at § 30-58.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-58.4o2 are subject to the contributory drainage area limitation specified at § 30-58.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 30-58.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-58.4d is granted from § 30-58.4o.
h.
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall perform a Groundwater Mounding Analysis as outlined in the NJDEP BMP Manual, Chapter 13 in order to assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-58.9c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-58.9; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of two and one-half inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-58.2 may be used only under the circumstances described at § 30-58.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 30-58.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-58.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the City for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 30-58.11b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 30-58.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 30-58.4m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with § 30-58.4m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 30-58.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 30-58.4f and/or an alternative stormwater management measure approved in accordance with § 30-58.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-58.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 30-58.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 30-58.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 30-58.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-58.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the 2-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1484
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 30-58.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-58.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the 2-, 10-, and 100-year storm events do not exceed, at any point
in time, the pre-construction runoff hydrographs for the same storm
events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the 2-, 10-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the 2-, 10- and 100-year storm events are 50%,
75% and 80%, respectively, of the pre-construction peak runoff rates.
The percentages apply only to the post-construction stormwater runoff
that is attributable to the portion of the site on which the proposed
development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2(a), (b) and (c) above is required
unless the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
s.
Variances. A variance from strict compliance with the requirements
of this section may be granted by the reviewing board for those projects
where an applicant has demonstrated the inability or impracticability
of strict compliance with the stormwater management requirements in
this section.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 30-58.5a1(a) and the Rational and Modified Rational Methods at § 30-58.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
The stormwater runoff requirements applicable to minor developments
are as follows:
1.
For each square foot of new impervious surface; 2 gallons of stormwater
shall be managed using one or more of the green infrastructure practices
set forth in Table 5 below, or by such other measures as may be required
by the City Engineer (or Board Engineer, where applicable), of which
the volume of the NJDEP Water Quality Design Storm (1.25" in 2 hours)
must be retained on site utilizing green infrastructure.
2.
All such development shall be subject to review by the City Engineer
(or Board Engineer, where applicable) to determine that all stormwater
runoff created by the development is adequately controlled and does
not cause an adverse impact on adjoining properties.
3.
In such cases where it is determined that the out flow from the stormwater
management system will impact an adjacent property, the out flow shall
be directed to a storm sewer, gutter, swale, or other suitable stormwater
runoff conveyance measure.
4.
If the City Engineer (or Board Engineer, where applicable) determines
that the out flow from the stormwater management system will damage
an adjoining property and the out flow cannot be safely directed to
a storm sewer, gutter, swale, or other suitable stormwater runoff
conveyance measure, the stormwater runoff from the development shall
be retained on-site at a rate of 3 gallons of storage for each square
foot of new impervious surface using green infrastructure practices
or such other measures as may be required by the City Engineer (or
Board Engineer, where applicable).
5.
If the applicant cannot comply with paragraph 4 above, the proposal
should be redesigned, or reduced in scope so that the postdevelopment
runoff rates do not exceed predevelopment runoff rates to adjacent
properties of record.
|
Table 5
| |
|---|---|
|
Minor Development BMP
| |
|
Grass Swale
|
Green Roof
|
|
Pervious Paving System
|
Small-Scale Bioretention Basin
|
|
Small-Scale Infiltration Basin
|
Small-Scale Sand Filter
|
|
Vegetative Filter Strip
|
Cistern
|
|
Dry Well*
| |
|
*The use of dry wells is allowed only where the other listed
methods cannot feasibly meet the requirements of this section.
|
b.
Soil Testing shall be performed to confirm the permeability of the
soils and the depth of the water table and seasonal high water table.
c.
The stormwater management feature shall be protected from future
development by conservation easement, deed restriction, or other acceptable
legal measures.
d.
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall perform a Groundwater Mounding Analysis as outlined in the NJDEP BMP Manual, Chapter 13, in order to assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
e.
Variances. A variance from strict compliance with the requirements
of this section may be granted by the reviewing board for those projects
where an applicant has demonstrated the inability or impracticability
of strict compliance with the stormwater management requirements in
this section.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Site design features identified under § 30-58.4f above, or alternative designs in accordance with § 30-58.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-58.8a2 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 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven (7.0) square inches, or be no greater
than two (2.0) inches across the smallest dimension.
2.
The standard in § 30-58.8a1 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 N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 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 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch (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.
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 30-58.9c1, c2 and c3 below for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-58.9c a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See § 30-58.9e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
 |
[Added 3-24-2021 by Ord.
No. 2021-8]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 30-58.10c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's Site Development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of 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 § 30-58.3 through § 30-58.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 30-58.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-58.11 below.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements set forth in § 30-58.10c1 through c6 above when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 3-24-2021 by Ord.
No. 2021-8]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under § 30-58.11b3 above is not a public agency, the maintenance plan and any future revisions based on § 30-58.11b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 30-58.11b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 30-58.11b6 and b7.
8.
The requirements of § 30-58.11b3 and b4 above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have fourteen (14) days to effect maintenance and repair of the facility
in a manner that is approved by the city engineer, reviewing engineer,
or their 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.
[Added 3-24-2021 by Ord.
No. 2021-8]
The City will request all responsible parties to submit annual
statements documenting the operation and maintenance of their facilities.
This will assist the City in completing the Annual Certification Form
as well as provide documentation of all operations and maintenance
not conducted by City personnel on stormwater management facilities.
Should the responsible parties not submit annual statements or fail
to conduct the required maintenance, the City will assess penalties
against the owner as follows and in accordance with the City's Code:
(i) the City will first send the owner a thirty (30)-day written notice
of the reporting requirement; (ii) a one thousand ($1,000.00) dollar
1st offense fine will be issued if no annual statement is received
within the thirty (30)-day period; (iii) the City will send a 2nd
letter with notice of the offense; (iv) a two thousand ($2,000.00)
2nd offense fine will be imposed if no annual statement is received
within the second thirty (30)-day period; (v) as a last resort the
City will perform an assessment and liens against the applicable property
for the amount of all penalties and the annual report preparation
costs.
Additionally, any person who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to the following penalties: (i) the
City will first send the owner a thirty (30)-day written notice of
the violation; (ii) a one thousand ($1,000.00) dollar 1st offense
fine will be issued if the violation is not remedied within the thirty
(30)-day period; (iii) a two thousand ($2,000.00) dollar 2nd offense
fine will be imposed if the violation is not remedied within the second
thirty (30)-day period; (v) as a last resort the City will perform
an assessment and liens against the applicable property for the amount
of all penalties.
[Added 3-24-2021 by Ord.
No. 2021-8]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 3-24-2021 by Ord.
No. 2021-8]
This section shall be in full force and effect from and after
its adoption and any publication as required by law, following the
required twenty (20) day period after adoption, as set forth in N.J.S.A.
40:69A-181(b).
[Added 3-24-2021 by Ord.
No. 2021-8]
All parts and provisions of any Ordinance which are inconsistent
with the provisions of this section shall be repealed to the extent
of such inconsistency.
[2000 Code § 30-59.1]
The purpose of this section is to insure the provision of adequate
off-street parking and loading areas for all types of development.
Unless provisions are made for off-street parking, such vehicles that
are brought into an area by various land uses will be parked on public
streets; including, in many instances, streets that are residential
in character. Reliance on on-street parking is detrimental to the
public interest, as it causes congestion, hinders emergency access
and tends to have a depreciating effect on an area or neighborhood.
[2000 Code § 30-59.2; Ord. No.
2777 § 3]
Wherever, as of the effective date of this chapter, off-street
parking and loading facilities are provided conforming in whole or
in part with this section, such off-street parking and loading facilities
shall not be reduced in quantity, reduced in area or otherwise altered
below the requirements set forth herein. All off-street parking and
loading facilities of up to five (5) spaces must be approved by the
City Engineer and City Planner. Facilities of five (5) spaces or more
will require Development Review (Site Plan) approval.
[2000 Code § 30-59.3]
Parking and loading spaces shall not be used for any other purpose
or character of automobile parking or loading as to limit their availability
for automobile parking or loading.
[2000 Code § 30-59.4]
Structures and uses without adequate parking and loading areas
as required in this section, and that predate the effective date of
this chapter, may be continued. Should such structure be increased
in area or changed in use, the parking and loading required shall
be determined by applying the standards set forth herein to the entire
structure or use.
[2000 Code § 30-59.5; Ord. No.
2735; amended 6-9-2021 by Ord. No. 2021-21]
Off-street parking shall be provided for all development according
to the following schedule:
|
Residential Use
|
Parking Requirement
|
|---|---|
|
a. Single-family residence
|
2 parking spaces
|
|
b. Two-family residence
|
3 parking spaces
|
|
c. Multifamily residence
| |
|
1. 0-1 bedroom unit
|
1 parking space per unit
|
|
2. 2 or more bedrooms
|
2 parking spaces per unit
|
|
d. Planned Residential Development
|
2 parking spaces per dwelling unit
|
|
e. (Reserved)
| |
|
f. (Reserved)
| |
|
g. (Reserved)
| |
|
Commercial Uses
|
Parking Requirement
|
|
h. Commercial Uses
| |
|
1. General Requirements (when specific commercial
uses cannot be identified.
| |
|
(a) Retail trade services and office
|
1 parking space per employee per shift plus 1 space per 350
gross square feet of floor space
|
|
2. When number of employees cannot be determined:
| |
|
(a) Retail (including take-out food establishment)
services
|
1 parking space per 250 gross square feet of floor space
|
|
(b) General office, banks, research/laboratory
|
1 parking space per 300 gross square feet of floor space
|
|
(c) Physicians, dentists, chiropractors
|
5 parking spaces per doctor or 1 parking space per 250 gross
square feet of floor space, whichever is greater
|
|
(d) Auditoriums, stadiums, theaters, arenas and
places of assembly
|
1 parking space per 5 seats, based on maximum seating capacity
|
|
i. Hotel, motel, rooming house or equivalent. Uses such as restaurants,
nightclubs and retail shops that are contained within the hotel and
open to the public shall be calculated separately as required herein.
Fifty (50%) percent of the spaces thus calculated will be added for
the parking requirement for the hotel.
|
1 parking space per employee per shift plus .75 parking spaces
per sleeping unit. Where number of employees cannot be determined,
1 parking space per sleeping unit
|
|
j. Restaurant, nightclub, bar
|
1 parking space per employee per shift plus 1 parking space
per 300 gross square feet of floor area. When number of employees
cannot be determined, 1 parking space per 50 square feet of customer
floor area.
|
|
k. Motor vehicle service stations
|
10 parking spaces plus 1 space per 2 workers employed during
busiest shift
|
|
l. Motor vehicle repair garage
|
4 parking spaces per bay plus 1 space per 2 employees
|
|
m. Truck or bus depots
|
1 parking space per 2 workers employed or to be employed at
any one time
|
|
n. Car washes, drive-through lubrication stations
|
1 parking space per 2 workers employed or to be employed at
any one time plus reservoir space for 10 cars or 5 times the number
of cars capable of being processed at any one time, whichever is greater.
|
|
o. Funeral homes
|
1 parking space per 60 square feet of area intended for public
occupancy
|
|
Industrial Use
| |
|
p. Manufacturing, assembly, processing plants; wholesale trade
establishments
|
1 parking space per 300 gross square feet of floor area
|
|
q. Warehouses
|
1 sparking space per worker employed at any one time plus 1
parking space per 5,000 square feet of floor area or fraction thereof;
where number of workers cannot be determined, 1 parking space per
500 square feet of floor area
|
|
Schools
| |
|
r. Nursery schools, day care centers
|
5 parking spaces, plus 1 parking space per worker employed or
to be employed at any one time
|
|
s. Elementary, middle schools
|
1 1/2 parking spaces per worker employed or to be employed
at any one time
|
|
t. High schools
|
1 1/2 parking spaces per worker employed or to be employed
at any one time, plus 1 parking space per 4 students of school capacity
|
|
u. Colleges, universities, professional institutes
|
1 parking space per employee plus 1 parking space per 2 students
enrolled
|
|
v. Theme entertainment centers
|
1 parking space per 45 square feet of usable visitor floor area
|
|
w. Exhibition pavilions
|
1 space per 200 square feet of usable visitor area floor
|
|
x. Bed and Breakfast Establishments
|
.75 per sleeping unit and one (1) space per employee per shift.
|
[2000 Code § 30-59.6; amended 6-9-2021 by Ord. No. 2021-21]
Reasonable and appropriate off-street parking requirements for
buildings and uses not specifically provided for shall be determined
by the Zoning Officer, upon consideration of all factors entering
into the parking needs of such use and by comparison with the uses
enumerated above. In the case of an Application for Development, final
determination shall be made by the Board hearing the application.
[2000 Code § 30-59.7]
Where one (1) establishment or development has two (2) or more
distinct uses, each such use shall be measured separately for the
purpose of determining the number of parking and loading spaces required.
[2000 Code § 30-59.8]
All off-street parking shall be located upon the same lot where
the use occurs. However, in business and industrial zones, parking
facilities may be located within six hundred (600) feet measured along
adjacent streets. All or part of the off-street parking requirement
for nonresidential uses may be met through the provision of off-site
parking located within one thousand (1,000) feet of the lot where
the use occurs, measured along adjacent streets. Up to seventy-five
(75%) percent of the off-street parking requirement for nonresidential
uses may be met through the provision of off-site parking located
beyond one thousand (1,000) feet from the lot where the use occurs,
provided that regularly scheduled transportation to the site is provided
from the remote parking facility every fifteen (15) minutes during
the hours when the facility for which the parking is required is being
used. If the remote parking facility is located outside the City limits,
the applicant shall present evidence of all necessary approvals, including
Municipal approval of such parking facility by the Municipality or
Municipalities in which it is located prior to the grant of final
development approval by the Board.
[2000 Code § 30-59.9]
The Planning Board or Board of Adjustment may permit up to fifty
(50%) percent of the total parking spaces required for a land use
which occurs mostly in the evening to be provided with parking spaces
devoted to a land use which occurs mostly during the day. Before such
permission is granted by the Board, an applicant for development approval
must demonstrate, to the satisfaction of the Board, that the daytime
parking to be utilized is available to the proposed development during
evening hours and is within one thousand (1,000) feet, measured along
adjacent streets.
Subsections c, d, h2(d) and j of § 30-59.5, except restaurants where less than seventy-five (75%) percent of public floor area is devoted to food service, may be considered evening/weekend uses. Subsections h2(b), r, s and t of § 30-59.5 may be considered daytime weekday uses. In the case of an Application for Development, final determination of the applicability of this subsection shall be made by the Board hearing the application.
[2000 Code § 30-59.10]
All off-premises parking sites, when used to meet the parking
requirement specified in this chapter for a Development Application,
shall be addressed by the applicant through a traffic and parking
assessment, subject to approval by the Planning Board. The Planning
Board shall review the parking sites for accessibility, safety, convenience
and ready identification. The Planning Board will require the applicant
to submit a long-term instrument, giving the applicant legal right
to utilize the off-premises parking facility for the duration of the
use for which the parking is required. Such legal instrument must
be filed with the City Clerk and Board Secretary after it is reviewed
and approved by the Board Attorney. No Certificate of Zoning Compliance
shall be issued for the proposed use unless such valid legal instrument
is filed as set forth herein.
[2000 Code § 30-59.11]
All off-street parking and loading facilities shall be located to the rear of the required front yard area as now or hereafter established. The area between the street line and the setback line, except for vehicle and pedestrian accessways, shall be landscaped with lawns or other appropriate planting. In the case of townhouses, one-family or two-family dwellings, the vehicular accessway/driveway may be utilized for the parking or standing of registered automobiles or motorcycles. Such driveway may not be directly in front of the principal structure unless such driveway shall lead to a garage. Recreational, camping or utility trailers or boats may be stored or left standing in a side or rear yard in accordance with the provisions of § 30-59.17. Where the required parking space is provided by a garage or other covered space, or by roof parking, the location of such garage or structure shall be in conformity with the Zoning Regulations relating to the class of building involved. On corner or through lots, the parking setback for other than the front street right-of-way shall be not less than ten (10) feet. This section is not to be construed to permit parking between the street curblines and the street line of any abutting property, as such is hereby prohibited.
a.
Parking on Vacant Lots. No vacant lot shall be used for parking of
one (1) or more vehicles of any kind unless it shall be properly graded,
paved, lighted and fenced or screened according to specifications
established for this purpose by the Zoning Officer and unless a Certificate
of Zoning Compliance for such use has been issued.
[2000 Code § 30-59.12; amended 6-9-2021 by Ord. No. 2021-21]
Parking spaces and areas must be designated and installed as
follows:
a.
All off-street parking and loading spaces shall be arranged in an
orderly manner to avoid unsafe conditions and to provide adequate
access for vehicles and pedestrians using the area.
b.
Parking stalls for full-size vehicles shall be provided in accordance
with the following:
1.
The minimum dimensions for each angle parking stall shall be eight
(8) feet six (6) inches in width and eighteen (18) feet in length.
2.
Parallel parking spaces, adjacent to curbs, sidewalks, driveways
and buildings, shall be a minimum of seven (7) feet in width and twenty-two
(22) feet in length.
c.
Parking stalls for compact vehicles shall be provided in accordance
with the following:
1.
The minimum dimensions for each parking stall shall be seven (7)
feet six (6) inches in width and fifteen (15) feet in length.
2.
Compact parking stalls shall be permitted only for those uses set
forth in § 30-59.5c, d, h2(b), h2(d), i, p, q, s, t and u provided
that:
(a)
Not more than twenty-five (25%) percent of the parking spaces
required by these regulations shall be for compact vehicles;
(b)
The minimum number of parking spaces required by these regulations
shall be in excess of fifty (50) spaces; and
(c)
Compact parking stalls shall be grouped in contiguous, uniform
stalls and shall have signs placed in appropriate locations indicating
PARKING FOR COMPACT VEHICLES ONLY.
3.
All or any part of the parking spaces provided in addition to those
required by these regulations may be for compact vehicles.
4.
To obtain approval of a parking layout with compact parking stalls,
a site plan must first be submitted to the Planning Board for approval
which demonstrates that sufficient parking is capable of being provided
to meet the minimum requirements of these regulations for full-size
parking stalls. Upon such demonstration, the Planning Board may then
approve an alternate and different site plan containing compact parking
stalls, in accordance with the requirements set forth herein. In no
event shall the provision of compact parking stalls result in an increase
in the floor area or the number of dwelling units permitted with the
provision of full-size parking stalls.
d.
Tandem
parking may be permitted in multi-family developments where it can
be shown that tandem spaces can be accommodated within the parking
facility without obstructing access to other parking spaces, aisles,
or pedestrian accessways. When provided, both spaces in tandem must
be assigned to a specific dwelling unit and signed accordingly.
e.
Minimum Aisle Widths.
1.
The minimum aisle width required to provide maneuvering space and
access to parking stalls shall be as follows:
|
Parking Angle
(degree)
|
Stall Width
(feet)
|
Aisle Width
(feet)
|
Stall Width
(feet)
|
Aisle Width
(feet)
|
|---|---|---|---|---|
|
0
|
7
|
12
|
7
|
12
|
|
45
|
8.5
|
13
|
7.5
|
12
|
|
9.0
|
12
| |||
|
9.5
|
12
| |||
|
60
|
8.5
|
18
|
7.5
|
14
|
|
9.0
|
16
| |||
|
9.5
|
15
| |||
|
75
|
8.5
|
22
|
7.5
|
17
|
|
9.0
|
21
| |||
|
9.5
|
20
| |||
|
90
|
8.5
|
24
|
7.5
|
22
|
|
9.0
|
23
| |||
|
9.5
|
22
|
2.
The stall width shall be measured perpendicular to the direction
of parking. When columns occur along the side lines of parking stalls
located within a building or structure, the width of the stall shall
be determined by dividing the clear dimensions between column faces,
measured perpendicular to the direction of parking, by the number
of stalls between adjacent columns whenever the width of the stall
so determined is less than nine (9) feet. In such cases, the painted
side stripe defining each stall adjacent to a column shall be placed
at the face of column rather than at the center line of the column,
and the space between the column faces shall be divided into stalls
of equal width.
3.
The aisle width dimensions as set forth in the chart in paragraph e1 of § 30-59.12 assume one-way circulation for all parking angles. At a parking angle of ninety (90°) degrees the same dimensions apply for two-way circulation.
4.
For a parking angle of zero (0°) degrees, add ten (10) feet to
the aisle for two-way circulation.
f.
Where parking stalls of different dimensions share the same aisle,
the parking stall requiring the greater aisle width shall govern.
g.
All access drives, and parking and loading areas shall be paved with
an appropriate hard-surface pavement that is durable, dust-free and
maintained in good condition.
h.
Individual parking and loading spaces, aisles, crosswalks, and entrances
and exits shall be suitably identified with lines and arrows, subject
to the approval of the Zoning Officer.
i.
The provisions of paragraphs c, d, e, f and g shall not apply to
the parking requirements for one- and two-family residences.
[2000 Code § 30-59.13]
a.
Entrances and exits to parking and loading areas shall be by means
of clearly limited and defined drives. The entrances and exits shall
be located to prevent conflict with pedestrian and vehicular traffic
by providing for the free flow of vehicles at all times. Entrances
and exits shall be arranged to prevent any vehicle from exiting a
parking area by backing onto or across a sidewalk and onto a street.
1.
Driveway widths shall be designed in accordance with the following
schedule:
|
One Way Operation
|
Two Way Operation
| |||
|---|---|---|---|---|
|
Curbline Opening
(in feet)
|
Driveway Width
(in feet)
|
Curbline Opening
(in feet)
|
Driveway Width
(in feet)
| |
|
Up to 10 family structures
|
12-15
|
10-13
|
12-30
|
10-26
|
|
10 family or over
|
1-30
|
10-26
|
24-36
|
20-30
|
|
Commercial and Industrial
|
18-36
|
18-34
|
24-50
|
24-46
|
|
Service Stations
|
15-36
|
12-34
|
24-36
|
20-34
|
2.
Minimum sight distances. Any driveway providing access to a public
or private street shall be designed, graded and located so as to permit
the following minimum sight distances, measured in each direction,
along the intersecting street. Measurement shall be made from the
driver's seat of a passenger automobile standing on the exit driveway
with the front of the vehicle a minimum of ten (10) feet behind the
edge of the street pavement.
|
Maximum Allowable Speed on Road
(MPH)
|
Minimum Required Sight Distance
(Feet)
|
|---|---|
|
25
|
150
|
|
30
|
200
|
|
35
|
250
|
|
40
|
300
|
|
45
|
350
|
|
50
|
400
|
3.
Minimum distance between driveways. Where two (2) or more driveways
connect a single site to any public or private road, or individual
driveways serve separate and adjoining sites, it is recommended that
a minimum clear distance of fifty (50) feet measured along the right-of-way
line shall separate the closest of any two (2) such driveways measured
from the rights-of-way. A maximum of two (2) driveways is recommended
for any single site of three hundred (300) feet or less frontage.
4.
Minimum distance to property line or intersecting street. Driveways
for other than one- and two-family homes shall not be located closer
than five (5) feet to a side or rear property line or fifty (50) feet
to the closest right-of-way line of any intersecting street.
b.
All parking and loading areas shall be suitably graded, drained and
maintained to prevent erosion and stormwater runoff onto adjacent
streets and properties. The Planning Board may require that drainage
plans be certified by a civil engineer and, in addition, may refer
the plans to the Department of Public Maintenance for its review and
recommendations.
c.
All parking and loading areas to be utilized during the nighttime
shall be adequately lighted. Such lighting shall be located to reflect
the light away from adjacent streets and properties. Light fixtures
shall not be higher than sixteen (16) feet above grade.
d.
The provisions of paragraphs a, b and c shall not apply to the parking
requirements for one- and two-family residences.
[2000 Code § 30-59.14; 6-9-2021 by Ord. No. 2021-21]
a.
The design of planting areas within parking and loading areas shall
be adequate to screen parking and loading activities from the street
or any adjoining lots.
b.
Off-street parking areas with more than ten spaces shall have planting
beds, at least five feet in width measured from the interior of the
surrounding curbing or hardscape, around the perimeter of the parking
area. Such planting strips shall be interrupted only at points of
ingress and egress and where the parking area or access drive abuts
a building on the same lot. Although the preference is for plantings,
which offer environmental benefits in addition to visual screening,
a wall or fence may be implemented when dimensional requirements (size
and orientation of parking aisles, spaces and turning movements) make
plantings impracticable or inappropriate. Where the perimeter of a
parking lot abuts another parking lot with at least ten (10) spaces,
such abutting portion of the lot shall be exempt from providing perimeter
planting. No buildings, structures, storage of materials, or parking
facilities shall be permitted within the buffer area.
c.
All uncovered off-street parking and loading areas of twenty (20)
or more spaces shall be provided with planting islands. The planting
islands shall be landscaped with trees and shrubs to channel internal
traffic flow, prevent indiscriminate movement of vehicles, aid pedestrian
circulation and improve appearance of the parking area.
d.
Shade trees shall be provided at the rate of one tree for each four
(4) parking spaces and placed so that all spaces are shaded to the
maximum extent possible.
e.
Where parking and loading spaces abut sidewalks, buffer strips, planting
islands or similar construction, a curb or wheelstop shall be provided
to prevent vehicles from overhanging or otherwise damaging the construction.
f.
The total landscaped area of any uncovered parking area must not
be less than ten (10%) percent.
[2000 Code § 30-59.15]
a.
There shall be provided clearly marked and posted off-street loading
spaces to serve the following types of buildings and uses: hotels,
hospitals, stores, office buildings, wholesale manufacturing and industrial
buildings, warehouses and railroad and truck freight stations.
b.
The minimum area required for each loading space shall be ten (10)
feet in width, twenty-five (25) feet in length and fourteen (14) feet
height clearance. Each loading space shall adjoin a loading dock or
entryway and be provided with adequate apron space for access and
maneuvering.
c.
Loading space provided shall be based upon building floor area plus
outside storage area, as follows:
|
Area
|
Loading Space Requirement
|
|---|---|
|
3,000 to 20,000 sq. ft.
|
1 loading space
|
|
20,000 to 80,000 sq. ft.
|
2 loading spaces
|
|
80,000 to 150,000 sq. ft.
|
3 loading spaces
|
|
More than 150,000 sq. ft.
|
4 loading spaces
|
d.
Loading and unloading areas may be used only for the parking of trucks
and/or trailers used solely to service the facility where located.
e.
A sign stating that all truck engines shall be turned off upon parking
shall be prominently posted in all loading and unloading areas.
[2000 Code § 30-59.16]
In a residence district, the following motor vehicles shall
not be parked or left standing in any yard area or on a driveway:
a.
Unregistered motor vehicles of any type or design.
b.
Buses other than personal passenger vehicles with seating capacity
of less than ten (10) persons or those parked on premises of a permitted
nonresidential use, such as a church or school, or a senior citizen
housing development.
c.
Trucks with commercial registration and/or a rating capacity in excess
of six thousand (6,000) pounds except for trucks parked for a temporary
period for the purpose of rendering services to the premises.
d.
Nothing herein shall prohibit the storing or garaging of commercial
vehicles having a capacity of three-fourths (3/4) of a ton or less
in an enclosed garage.
[2000 Code § 30-59.17]
The parking and storage of boats, motor homes and recreational
trailers shall be permitted in a residential district subject to the
following:
a.
No trailer, motor home or boat in excess of twenty-two (22) feet
in length, as measured from outside dimensions, including hitching
devices, shall be parked or stored outside in any yard area.
b.
All trailers, motor homes or boats shall be parked or stored either
in an enclosed garage or in the side or rear yard of a lot. No trailer,
motor home or boat shall be parked or stored in the front yard of
a lot or within the street side yard of a corner lot.
c.
Any trailer, motor home or boat parked in the side or rear yard of
any lot shall meet the setback requirements and regulations applicable
to accessory buildings within the zoning district.
d.
Any boat, motor home or trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view. Such screening shall not be less than six (6) feet in height and shall consist of either a trellis, latticework, decorative block, shrubbery or other similar material approved by the Zoning Officer, except when such screening exceeds six (6) feet in height, the same shall consist only of shrubbery. If such screening involves the use of a fence, such fence shall conform to the maximum height limitation in § 30-63.1.
[2000 Code § 30-59.18]
If an applicant can clearly demonstrate to the Board or if the
Board determines that, because of the nature of the operation or use,
the parking requirements of this section are unnecessary or excessive;
the Board shall have the power to approve a site plan showing less
paved parking area than is required by this section; provided, however,
that a landscaped area of sufficient size to meet the chapter requirement
shall be set aside and reserved for the purposes of meeting future
off-street parking requirements in the event that a change of use
or operation of the premises shall make such additional off-street
parking spaces necessary.
[2000 Code § 30-59.19; amended 6-9-2021 by Ord. No. 2021-21]
Freestanding parking structures where permitted in § 30-70 shall be located and designed in accordance with the following:
a.
Parking structures located outside the "Renewal Area," as demarcated
in the Waterfront Redevelopment Plan, as amended, shall conform to
the yard requirements of the zone in which they are located.
b.
Parking structures located within the "Renewal Area," as demarcated
in the Waterfront Development Plan, as amended, shall be subject to
the height and setback restrictions specified in the Development Control
Plan of the Waterfront Redevelopment Plan, except that the following
requirements shall also apply:
1.
No parking structure shall exceed a height of five (5) levels or
fifty (50) feet.
2.
A parking structure of two (2) or more levels shall not be located nearer than thirty (30) feet from a street wherein the centerline forms the zone boundary of an R3, R2 or R1 Zone. The area between the structure and the streetline shall be attractively landscaped so that the foundation of the structure is screened from view of neighboring residences. Shade trees shall be located on both sides of the public sidewalk along the street frontage at intervals specified in § 30-57.12 of this chapter and shall be continued, when possible, across the entire block front.
3.
A parking structure shall not be located nearer than ten (10) feet to any interior lot line. A distance shall be maintained between parking structures and existing buildings on adjacent properties as is required in § 30-56.1.
4.
A parking structure of four (4) or more levels, or more than thirty
(30) feet in height, shall not be located nearer than thirty (30)
feet from a zone boundary of an R3, R2 or R1 Zone.
5.
A parking structure of four (4) or more levels, or more than thirty
(30) feet in height, shall not be located nearer than thirty (30)
feet from an adjacent lot containing a use permitted in any residential
zone.
6.
The street level of a parking structure shall not be located within
forty (40) feet of Kingsley Street, unless the floor area of the structure
within that distance is devoted to retail commercial space and the
height of the structure within that distance does not exceed forty
(40) feet. No upper level portions of a parking structure which are
devoted to parking shall be located nearer than twenty (20) feet of
Kingsley Street.
7.
No parking structure shall be located within fifteen (15) feet of any other street located within the Waterfront Redevelopment Area. The area between the structure and the streetline shall be attractively landscaped so that the foundation of the structure is screened from view as seen from the street. Shade trees shall be located on both sides of the public sidewalk along the street frontage at intervals specified in § 30-57.12 and shall be continued, when possible, across the entire block front.
8.
No freestanding parking structure shall be located within a block
having frontage upon a street immediately abutting public parks along
Wesley, Sunset or Deal Lakes.
c.
Parking structures shall be designed and constructed to meet or exceed
the following standards:
1.
Roof top parking areas shall meet the same interior landscape requirements as specified for surface parking lots in paragraphs c, d, e, f of § 30-59.14.
2.
The architectural design for the facades of parking structures facing
a public street shall provide 50% of the ground level facade with
habitable space or other active uses and incorporate features such
as articulated parapet walls, ornamental projections, varied planter
widths, etc., to add visual interest and improve the overall appearance
of the structure as viewed from the street.
[Ord. No. 2777 § 4]
All residential development shall be in compliance with the
New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1,
et seq. When standards contained in this Chapter conflict with the
Residential Site Improvement Standards, the Residential Site Improvement
Standards shall govern. However, the board of jurisdiction may grant
de minimus exceptions from the standards when the board of jurisdiction
finds that the requested exception meeting the following criteria:
(1) It is consistent with the intent of the Site Improvement Act;
(2) It is reasonable, limited and not unduly burdensome; (3) It meets
the needs of public health and safety; and (4) It takes into account
existing infrastructure and possible surrounding future development.
[Added 6-9-2021 by Ord.
No. 2021-20]
It is the purpose of this section (§ 31-61) to promote
the public health, safety and general welfare through reasonable,
consistent and nondiscriminatory sign standards. The sign regulations
in this section are not intended to censor speech or to regulate viewpoints,
but instead are intended to regulate the secondary effects of speech,
and especially insofar as those secondary effects may adversely affect
aesthetics and traffic and pedestrian safety. In order to preserve
and enhance the City as a desirable community in which to live and
do business, a pleasing, visually attractive environment is of foremost
importance. The regulation of signs within the City is a highly contributive
means by which to achieve this desired end. These sign regulations
have been prepared with the intent of protecting and enhancing the
visual character of the City and promoting its continued well-being,
and are intended to:
a.
Encourage the effective use of signs as a means of communication
in the City;
b.
Maintain and enhance the aesthetic character, both visually and spatially,
and the City's ability to attract sources of economic development
and growth;
c.
Improve pedestrian and traffic safety;
d.
Minimize the possible adverse effect of signs on nearby public and
private property;
e.
Foster the integration of signage with architecture and landscape
design;
f.
Lessen the visual clutter that may otherwise be caused by the proliferation,
improper placement, illumination, animation, excessive height and
excessive size (area) of signs which compete for the attention of
pedestrian and vehicular traffic;
g.
Allow signs that are compatible with their surroundings and aid orientation,
while precluding the placement of signs that contribute to sign clutter
or that conceal or obstruct adjacent land uses or signs;
h.
Encourage and allow signs that are appropriate to the zoning district
in which they are located and consistent with the category of use
and function to which they pertain;
i.
Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location
and the nature of any such business;
j.
Categorize signs based upon the function that they serve and tailor
the regulation of signs based upon their function;
k.
Preclude signs from conflicting with the principal permitted use
of the site and adjoining sites;
l.
Regulate signs in a manner so as to not interfere with, obstruct
the vision of, or distract motorists, bicyclists or pedestrians;
m.
Except to the extent expressly preempted by State or Federal law,
ensure that signs are constructed, installed and maintained in a safe
and satisfactory manner, and protect the public from unsafe signs;
n.
Preserve, conserve, protect and enhance the aesthetic quality and
scenic beauty of all districts of the City;
o.
Allow for traffic control devices consistent with national and State
standards and whose purpose is to promote roadway safety and efficiency
by providing for the orderly movement of users on streets and highways,
and that notify road users of regulations and provide warning and
guidance needed for the safe, uniform and efficient operation of all
elements of the traffic stream;
p.
Protect property values by precluding to the maximum extent possible
sign types that create a nuisance to the occupancy or use of other
properties as a result of their location, size, height, illumination,
brightness or movement;
q.
Protect property values by ensuring that sign types, as well as the
number of signs, are in harmony with buildings, neighborhoods and
conforming signs in the area;
r.
Regulate the appearance and design of signs in a manner that promotes
and enhances the aesthetic character of the City and that compliments
the surroundings in recognition of the City's reliance on its surroundings
and beautification efforts in retaining economic advantage;
s.
Preserve and enhance the character of the City;
t.
Enable the fair and consistent enforcement of these sign regulations;
and
u.
Ensure signs do not alter the function of buildings.
[Added 6-9-2021 by Ord.
No. 2021-20]
Signs shall be permitted as accessory uses in all zoning districts
within the jurisdiction of this section. Signs may be used, erected,
maintained, altered, relocated, removed, or demolished only in compliance
with the provisions of this section and any and all other ordinances
and regulations of the municipality relating to the use, erection,
maintenance, alteration, moving, or removal of signs or similar devices.
In the event of conflicting regulations, the most restrictive shall
apply.
[Added 6-9-2021 by Ord.
No. 2021-20; amended 11-8-2023 by Ord. No. 2023-34]
The following signs and sign types are prohibited within the City and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of subsection 30-61.3.
a.
Billboards.
b.
Revolving signs.
c.
Flashing, sparkling or glittering signs or signs having accent lights
that flash, sparkle or glitter.
d.
Animated signs.
e.
Wind signs.
f.
Portable signs, except for those specifically permitted (i.e. sandwich
board sign).
g.
Roof signs.
h.
Abandoned and discontinued signs.
i.
Snipe signs; bandit signs.
j.
Projecting signs, except as expressly allowed.
k.
Bus bench advertising signs; bus shelter advertising signs that exceed
25% of the area of the vertical face of a bus shelter structure.
l.
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible
particles or gaseous matter.
m.
Signs that obstruct, conceal, hide or otherwise obscure from view
any official traffic or governmental sign, signal or device.
n.
Signs within a sight triangle.
o.
Signs in the public right-of-way, other than traffic control device signs, warning signs, safety signs, EVSE signs as specified in subsection 30-57.6 of the City Code, or those specifically permitted, such as a sandwich board sign. Signs placed illegally in such locations shall be subject to removal by the City.
p.
Signs other than a traffic control sign that use the word "stop"
or "danger" or present or imply the need or requirement of stopping
or the existence of danger, or which copy or imitate any official
traffic control device signs, and which are adjacent to the right-of-way
of any road, street or highway.
q.
Signs prohibited by State or Federal law.
r.
Vehicle sign or signs that have a total sign area on any vehicle
in excess of 10 square feet, when the vehicle is not regularly used
in the conduct of the business or activity advertised on the vehicle,
and is visible from a street right-of-way within 100 feet of the vehicle,
and is parked for more than five consecutive hours within 100 feet
of any street right-of-way. A vehicle shall not be considered "regularly
used in the conduct of the business or activity" if the vehicle is
used primarily for advertising, or for the purpose of advertising,
or for the purpose of providing transportation for owners or employees
of the business or activity advertised on the vehicle.
s.
Signs located on real property without the permission of the property
owner.
t.
Beacon signs, except as required by Federal or State law.
u.
Intermittent signs.
v.
Signs located, painted or affixed on a bridge, abutment, walls, fences,
water tower, storage tower, communications tower, other utility or
any accessory structure that are visible from a public street or roadway
or from an adjacent residential use.
w.
Signs with changeable copy/graphics that exhibit any one of the following
characteristics:
1.
Change more frequently than once every 24 hours.
2.
Exceed 12 square feet in area.
3.
Are accessory to a principal use that is not specifically permitted.
4.
Would otherwise constitute a prohibited or nonconforming sign.
5.
Transition between messages using scrolling, fading, dissolving,
pixilation, zooming, wiping, moving copy or any graphic effect other
than an instantaneous static replacement of the message.
6.
Contain/exhibit more than a single color of copy/graphics.
7.
Contain/exhibit more than a single-color background.
8.
Contain/exhibit a background color that is lighter in contrast to
the copy/graphics color.
9.
Contain/exhibit copy consisting of more than a single font type.
10.
Are located in a residential district.
x.
Banners, except in the case of temporary "grand opening" events as
regulated herein.
y.
Signs containing a message that states or implies that a property
may be used for any purpose not permitted in the zoning district or
by duly authorized variance in which said sign is located under the
provisions of this section.
z.
Public property and rights-of-way. Any sign installed or placed on
public property, except in conformance with the requirements of this
section, shall be forfeited to the public and subject to removal.
In addition to other remedies that may be imposed under this section,
the City shall have the right to recover from the owner or person
placing such sign the full costs of removal and disposal of such sign.
No sign other than traffic control or similar official governmental
signs shall be erected within or project over the right-of-way of
any public street or sidewalk, except as hereinafter provided.
[Added 6-9-2021 by Ord.
No. 2021-20]
A nonconforming sign that was lawfully erected may continue
to be maintained until the nonconforming sign is substantially damaged
or destroyed. Should the structure of a nonconforming sign be removed,
the entirety of the sign may be replaced only in conformance with
the regulations herein. At such time that the nonconforming sign is
substantially damaged or destroyed, the nonconforming sign must either
be removed or be brought into conformity with this subsection and
with any other applicable law or regulation.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
A sign, other than a window sign, located entirely inside the premises
of a building or enclosed space that is not placed parallel to front
window and is not placed within three feet of a window.
b.
A sign on a car, other than a prohibited vehicle sign or signs.
c.
A statutory or municipal sign.
d.
A traffic control device sign.
e.
Any sign not visible from a public street, sidewalk or right-of-way,
except that the foregoing does not exempt a sign for a commercial
use that is visible from an abutting residential property or use.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Construction permits. It shall be unlawful for any person or business
or the person in charge of the business to erect, construct or alter
a permanent sign structure whose construction is subject to the New
Jersey Uniform Construction Code, without first obtaining such building
permit from the City as may be required by the New Jersey Uniform
Construction Code. Permit fees, if any, shall be paid in accordance
with the applicable fee schedule. The requirement of a building permit
under the New Jersey Uniform Construction Ordinance is separate and
independent of the requirement for a sign permit under this section.
b.
Sign permits.
1.
Allowed temporary signs, except for special event signs, of the type described in § 30-61.12 of this subsection shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.
2.
Allowed permanent signs of the type described in § 30-61.14 of this section shall be exempt from sign permitting hereunder.
3.
No sign permit shall be issued for the erection of a prohibited sign.
4.
Unless exempt from permitting as provided in § 30-61.14, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from, and the appropriate fee, if any, is paid to, the City.
5.
A sign lawfully erected under permit may be repainted or have ordinary
and customary repairs performed without a new sign permit; however,
if such sign is to be structurally altered in any manner, a new sign
permit shall be required, and the altered sign must meet all requirements
of this section and this chapter.
c.
Sign permit application and issuance of sign permit.
1.
A sign permit application shall be made upon a form provided by the
City. The sign permit application is in addition to any building permit
application required by the New Jersey Uniform Construction Ordinance.
The sign permit application shall be accompanied by plans and specifications
drawn to scale, together with any site plan required by this section
or this chapter. The applicant shall furnish the following information
on or with the sign permit application form:
(a)
The block, lot and street address of the real property where
the sign is proposed to be located.
(b)
The zoning district for the real property on which the sign
will be located.
(c)
The name, mailing address and telephone number of the owner(s)
of the real property where the sign is proposed to be located.
(d)
A statement of authorization signed by the owner(s) consenting
to the placement of the proposed sign on the real property.
(e)
The name, mailing address and telephone number of the sign contractor.
(f)
Type of proposed sign (e.g., wall sign or freestanding sign).
(g)
The proposed sign area.
(h)
If the proposed sign is a freestanding sign:
(1)
The height of the proposed freestanding sign.
(2)
The sign area of the freestanding sign and the dimensions utilized
to calculate the size.
(3)
The distance between the closest existing freestanding sign
and the proposed freestanding sign as measured in each direction along
each abutting street or right-of-way.
(4)
The location, height and area of any existing freestanding sign
on the same lot where the proposed freestanding sign will be located.
(5)
The front and side yard setbacks for the proposed sign.
(i)
If the proposed sign is an attached sign, building elevation(s),
to scale, of the building facade for the building to which the attached
sign shall be affixed.
(j)
The number, type, location and surface area for all existing
signs on the same lot and/or building on which the sign will be located.
(k)
Whether the proposed sign will be an illuminated or non-illuminated
sign.
2.
An applicant shall deliver a sign permit application for a permanent
sign to the City's Zoning Officer or his or her designee, or such
other person as designated by the City. The sign permit application
shall be reviewed for a determination of whether the proposed sign
meets the applicable requirements of this subsection and any applicable
zoning law. The review of the sign permit application shall be completed
within 10 business days from the date of receipt of the application,
and the application shall be granted or denied within that time frame.
In the event that no decision is rendered within 10 business days
following submission, the application shall be deemed granted; however,
the application shall be deemed denied if the application is for a
prohibited sign, and the applicant may appeal to the Board of Adjustment
pursuant to the MLUL.
d.
Fees.
1.
Sign permit fees. Every person making an initial application for
a sign permit shall pay a sign permit fee to the City at the time
of the application. This sign permit fee shall be $25.00.
2.
Building permit fees distinguished. The sign permit fee, if any,
shall be separate and apart from any required fee for a building permit
for the erection of a sign covered by the New Jersey Uniform Construction
Code.
e.
Conditions.
1.
Duration of permit. If the work authorized under a sign permit has
not been completed within 180 days after the date of issuance, the
permit shall become null and void and a new application for a sign
permit shall be required.
2.
Maintenance of signs.
(a)
All visible portions of a sign and its supporting structure
shall be maintained in a safe condition and neat appearance according
to the following:
3.
Unlawful cutting of trees or shrubs. No person may, for the purpose
of increasing or enhancing the visibility of any sign, damage, trim,
destroy, or remove any trees, shrubs or other vegetation located:
(a)
Within the right-of-way of any public street or road, unless
the work is done pursuant to the express written authorization of
the City or agency having jurisdiction over the streets.
(b)
On property that is not under the ownership or control of the
person doing or responsible for such work, unless the work is done
pursuant to the express authorization of the person owning the property
where such trees or shrubs are located.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Causes for Revocation. A permit to erect or maintain a sign may be
revoked for any one or more of the following:
b.
Removal of a Sign, Advertising Structure, Space or Wall. When a permit
for a sign is revoked, the permittee shall remove the sign, advertising
structure or space in accordance with the time specified by the Zoning
Officer.
1.
Failure to Remove. Whenever a person fails to remove an advertising
structure or space after the expiration date of the removal notice,
legal proceeding may be instituted against the person, or the power
of removal may be exercised.
2.
City Removal; Costs. Whenever the removal power is exercised for
the elimination of a violation, the cost and expense incurred may
be charged against the person responsible for it. A bill rendered
for the cost of the removal shall bear legal interest charges and
collection shall be made accordingly.
[Added 6-9-2021 by Ord.
No. 2021-20]
Notwithstanding anything in this section or this chapter to
the contrary, no sign or sign structure shall be subject to any limitation
based upon the content (viewpoint) of the message contained on such
sign or displayed on such sign structure.
[Added 6-9-2021 by Ord.
No. 2021-20]
Notwithstanding anything contained in this section or this chapter
to the contrary, any sign erected pursuant to the provisions of this
section or this chapter with a commercial message may, at the option
of the owner, contain a noncommercial message unrelated to the business
located on the premises where the sign is erected. The noncommercial
message may occupy the entire sign face or any portion thereof. The
sign face may be changed from a commercial to a noncommercial message,
or from one noncommercial message to another, as frequently as desired
by the owner of the sign, provided that the sign is not a prohibited
sign or sign type, and provided that the size, height, setback and
other dimensional criteria contained in this section and this chapter
have been satisfied.
[Added 6-9-2021 by Ord.
No. 2021-20]
Required setbacks for signs in all zoning districts shall be
measured from the property line to the nearest part of the sign. Freestanding
signs are only permitted in front yards.
[Added 6-9-2021 by Ord.
No. 2021-20]
Double-faced signs shall be permitted in all zoning districts,
provided the signs are designed and constructed such that the two
sign faces are back to back with a maximum distance of 18 inches between
the two sign faces and directionally oriented 180 degrees from each
other. The maximum permitted sign area is permitted for each sign
face.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Temporary on-site special event signs shall be permitted in all districts,
provided they have been approved by the Zoning Officer as meeting
the following content-neutral criteria:
1.
The signs are temporary signs for a limited time and frequency, limited
to one per event;
2.
The signs are for a special event as defined herein (see special
event sign);
3.
The temporary signs will not exceed 24 square feet in sign area and
six feet in height;
4.
The temporary signs will not conceal or obstruct adjacent land uses
or signs;
5.
The temporary signs will not conflict with the principal permitted
use of the site or adjoining sites;
6.
The temporary signs will not interfere with, obstruct the vision
of or distract motorists, bicyclists or pedestrians;
7.
The temporary signs will be installed and maintained in a safe manner;
8.
The display of temporary signs for a special event shall not begin
any earlier than three weeks before the event and shall be removed
within two business days after the event.
9.
Special events sign displays shall not exceed three per property
per calendar year for a maximum duration of two weeks per event.
b.
Consistent with § 30-61.7 of this section, approval or disapproval shall not be based on the content of the message contained (i.e. the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 business days after an application is made for such temporary signs. In the event that no decision is rendered within 10 business days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment. Such a decision shall be deemed an administrative interpretation, and any person adversely affected has the right to appeal the decision to the Board of Adjustment pursuant to the Municipal Land Use Law, N.J.S.A. 40:550-70; however, the appeal shall be accelerated and shall be heard by the Board of Adjustment and determined within 30 business days after the appeal is filed, pursuant to the Municipal Land Use Law, N.J.S.A. 40:550-70.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Temporary real estate signs permitted in all zones. One non-illuminated,
temporary ground sign pertaining to the lease, rental or sale on the
same lot or building upon which it is placed and not exceeding nine
square feet in area on any one side provided such sign is erected
or displayed not less than five feet inside of the property line and
shall not be mounted on or attached to trees. This sign must be removed
from the premises within seven days after the property is sold or
leased. In the case of a building containing three or more dwelling
units in a residential zone, a sign as described herein must be removed
upon the issuance of certificates of occupancy (CO's) for 80% or more
of the dwelling units contained therein. Not more than one such sign
shall be permitted for each premises. The maximum duration to display
such signs is one year, but this period may be extended via a new
application. Such signs shall be exempt from all other provisions
of this section.
b.
Special Category Signs:
|
SPECIAL CATEGORY SIGNS
| |||||||
|---|---|---|---|---|---|---|---|
|
Type
|
Max Size
|
Max. Height
(feet)
|
Max. No.
|
Min. Set-Back
|
Permit Required
|
Illumination Permitted
|
Notes/Supplementary Regulations
|
|
Special Category Signs
| |||||||
|
Construction Signs for minor or major developments; ground,
pole or wall mounted
|
*40 contiguous square feet
|
8 feet From grade
|
1 per street front age
|
NA
|
Yes
|
No
|
To be placed no sooner than after final approval of the minor
or major development project. Such signs must be removed after the
issuance of the first temporary or final certificate of occupancy.
Must be constructed of a rigid material
|
|
Construction Signs for minor or major developments mounted on
construction fences
|
*No more Than 25% in contiguous length of the linear frontage
of a construction fence along a street frontage
|
8 feet from grade or top of fence (which ever is lower)
|
1 per street front-age
|
NA
|
Yes
|
No
|
To be placed no sooner than after final approval of the minor
or major development project. Such signs must be removed after the
issuance of the first temporary or final certificate of occupancy.
May be used only in lieu of a ground, pole or wall mounted construction
sign.
|
|
Real Estate Signs for minor or major developments: ground pole
or wall mounted.
|
40 contiguous square feet
|
8 feet from grade
|
I per street front-age
|
NA
|
Yes
|
No
|
To be placed no sooner than after final approval of the minor
or major development project. Must be constructed of a rigid material.
Must be removed after the sale, lease or rental of 80% or more of
the nonresidential and/or residential units contained therein
|
|
Real estate signs for minor or major development: mounted on
construction fences
|
"No more than 25% in contiguous length of the linear frontage
of a construction fence along a street frontage.
|
8 feet from grade or top of fence (which-ever is lower)
|
I per street frontage
|
NA
|
Yes
|
Yes
|
To be placed no sooner than after final approval of the minor
or major development project. May be used only in lieu of a ground
or pole mounted real estate sign. Must be removed after the sale,
lease or rental of 80% or more of the nonresidential and/or residential
units contained therein.
|
|
Building wrap signs for minor or major developments
|
Shall not extend beyond the exterior building wall Text may
not exceed 10% of the area of the sign or 400 square feet whichever
Is less along any street frontage
|
NA
|
1 per street frontage
|
NA
|
Yes
|
No
|
To be placed only after completion of the structural framing
of a building Must be removed after completion of the exterior building
wall. Building wrap signs shall display a graphic reproduction of
the completed building facade located behind the sign
|
|
*The combined area of construction signs and real estate signs
which are ground, pole or wall mounted shall not exceed 40 square
feet along any street frontage. If both sign types are proposed along
a street frontage, they shall be combined into a single sign board.
|
|
*The combined length of construction signs and real estate signs
which are mounted on construction fences shall not exceed 25% of the
linear frontage of the construction fence along any street frontage.
If both sign types are proposed along a street frontage, they shall
be combined to create a single sign.
|
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Street address signs. For each lot, residence or business, one street
address sign may be displayed. For each residence, the street address
sign shall not exceed two square feet in sign area unless required
by applicable law. For each business or lot in nonresidential use,
the street address sign shall not exceed six square feet in sign area
unless required by applicable law.
b.
Nameplate or occupant identification signs. For each residence, business
or other occupancy, one nameplate sign may be displayed. Nameplate
or occupant identification signs shall not exceed two square feet
in sign area.
c.
Directional signs. Noncommercial, on-site directional signs, not
exceeding 2.5 square feet in sign area and 3.5 feet in height, shall
be allowed on each lot.
d.
Parking space signs. Noncommercial on-site parking space number signs,
not exceeding one square foot of sign area, shall be for a noncommercial
use having multiple parking spaces on site. One such sign shall be
allowed for each parking space.
e.
Temporary viewpoint signs. Viewpoint signs may be freestanding or
building-mounted. They are permitted in addition to any other sign
permitted herein and shall conform to the following requirements:
1.
Viewpoint signs in all zones shall not exceed four square feet each
in sign area. Freestanding viewpoint signs shall not exceed three
feet in height. Building-mounted viewpoint signs shall not be located
as to constitute a roof sign, as defined herein. The total combined
sign area of the total array or assemblage of signs upon a premise
shall not exceed 24 square feet.
2.
The maximum permitted duration for a viewpoint sign is 60 days.
3.
Viewpoint signs shall not be illuminated, either directly, indirectly
or internally.
4.
Viewpoint signs shall not have changeable copy.
5.
Any viewpoint sign installed or placed on public property including
public rights-of-way, excepting such public property, which the City
may designate for such use, shall be forfeited to the public and subject
to removal and no viewpoint sign shall be placed upon private property
except with the consent of the owner or tenant.
6.
Viewpoint signs shall not be constructed, held, installed or erected
so as to present a hazard to the safe transit of pedestrian or vehicular
traffic, or to impede the free and safe ingress or egress from any
premises.
f.
Flagpoles. One flagpole is allowed for each lot. A flagpole shall
not exceed 35 feet in height and shall be subject to setbacks for
principal buildings/structures in the applicable zones in which it
is located.
g.
Flags. For each flagpole, two flags not greater than 15 square feet
in sign area each may be displayed.
h.
Warning signs and safety signs. Warning signs and safety signs, not
exceeding four square feet in sign area, shall be allowed in all districts.
i.
Temporary garage-yard sale signs. For each lot with a lawful residential
use, a temporary garage-yard sale sign may be displayed, subject to
the following limitations:
1.
Number. One temporary garage-yard sale sign may be displayed.
2.
Size and height. A temporary garage-yard sale sign shall not exceed
four square feet in sign area and three feet in height.
3.
Setback. A temporary garage-yard sale sign shall be set back from
any lot line by at least five feet.
4.
Duration. A temporary garage-yard sale sign may not be displayed
for a period longer than three days, three times a year.
j.
Government or government agency signs.
k.
"Private Driveway" signs indicating the private nature of a driveway
not exceed two (2) square feet in sign area and limited to no more
than one per driveway.
l.
Sandwich Board Signs:
1.
Shall be permitted in non-residential or mixed-use zones only.
2.
Shall only be permitted to advertise retail sales, retail service
or restaurant.
3.
May be located on a public sidewalk and within a public right-of-way.
4.
Shall be limited to one sandwich board sign per business property
address.
5.
Shall be located in close proximity to the public business entrance.
6.
Shall be located in such a manner as to maintain a relatively flat
pedestrian passage that is not obstructed and has a minimum clear
width of five feet.
7.
Shall have no illumination.
8.
Shall be no higher than 42 inches above the sidewalk.
9.
Sign area shall not exceed five square feet.
10.
May have a white board/chalkboard for handwritten changeable
messages.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Signs designating entrance or exits to or from a parking area having
five or more parking spaces, limited to one sign for each such exit
or entrance, with a maximum of two square feet in sign area for each
sign.
b.
Signs designating the identity of a parking area having five of more
parking spaces and limited to one sign with a maximum size of six
square feet in sign area and a maximum height of four feet.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Number and Size of Exterior Identification Building Signs. A maximum
of two signs are permitted per business. The total sign area for all
signs, not including window signs that are otherwise permitted, shall
not exceed two square feet per linear foot of street frontage, with
a maximum area of 40 square feet.
b.
Rear and Side Wall Signs. No signs shall be permitted on rear or
side walls when the wall is within 100 feet of a residential use or
residential zone line.
c.
Identification projecting signs (blade signs) may be substituted
for identification wall signs, as permitted in paragraph a above,
provided that no identification projecting sign shall exceed 12 square
feet in area on either side or project more than five feet from the
wall to which it is attached.
d.
Signs designating entrance or exits to or from a parking area, limited
to one sign for each such exit or entrance, with a maximum of two
square feet in sign area for each sign.
e.
Signs designating the identity of a parking area having five of more
parking spaces and limited to one sign with a maximum size of six
square feet in sign area and a maximum height of four feet.
f.
Signs for multi-use and multi-building developments shall comply
with the following regulations:
2.
The Signing Plan shall be based on an integrated design theme to
include all of the paragraphs f1(a) through f1(h) above. All of the
above elements shall be designed to exhibit harmony and consistency
among all signs. All signs shall be integrated with the architecture
and materials of the principal building(s) and the landscape design
plan.
3.
The total area of all signs, not including window signs that are
otherwise permitted, shall not exceed two square feet per linear foot
of street frontage, with a maximum area of 40 square feet.
g.
Window Lettering and Window Signs. Window lettering and window signs
shall be construed as signs, and are subject to the following restrictions:
1.
All window lettering and signs shall be located on, or affixed to,
the interior facing side of a window.
2.
The sign area of window lettering and signs includes the lettering
and any background upon which it appears.
3.
Permanent Window Lettering and Signs. Sign area shall not exceed
twenty (20%) percent of the window area. Any painted area of any window
shall be construed as window lettering or signs, whether or not such
area actually contains letter or advertising.
4.
Temporary window lettering or signs shall be permitted subject to
the following restrictions:
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Requirements for All Illuminated Signs.
1.
All illuminated signs shall be properly shielded and so located as
to prevent glare or blinding effects upon pedestrians, motor vehicle
traffic and so as not to cause a nuisance to residents on the premises
of their home or on adjacent properties. Upon a finding by the Zoning
Officer that a sign creates glare or blinding conditions, the property
owner or owner of the sign, as the case may be, shall correct the
situation within the period determined by the Zoning Officer. The
Zoning Officer may be assisted in such determination by such lighting
or visual acuity experts as necessary. Failure to correct the condition
or file an appeal within the time specified shall constitute a violation
of this section by the property owner or sign owner, as appropriate.
2.
The contrast between the ambient light level of the vehicular cartway
closest adjacent to a sign and the illuminance of the sign shall not
exceed a ratio of 1:20.
3.
Signs shall not be permitted to emit more than fifty percent (50%)
of its illumination as the color white or light blue.
4.
The level of light being emitted by such sign shall not exceed 0.1
footcandles of luminance from the vertical plane of the sign face
at the edge of a vehicular travel lane.
5.
Top-mounted fixtures are preferred over any other positioned light
fixtures. When top-mounted light fixtures are not feasible for good
cause shown, illumination from other positioned light fixtures shall
continue to be restricted to the sign area.
6.
Visors, baffles, shields or other directional control devices shall
be used as necessary to eliminate any spill light and glare from light
sources.
7.
Illuminated signs shall be turned off between the hours of 10:00
p.m. and 7:00 a.m. the following morning, unless the business or uses
advertised are open to the public later than 10:00 p.m. or earlier
than 7:00 a.m., in which event any such establishment may keep a sign
illuminated during business hours only.
b.
Digital Sign Luminance Standards. Digital signs are subject to the general requirements of § 30-61.17a. However, should the Zoning Officer determine that a digital sign is exhibiting glare or blinding characteristics as described in § 30-61.17a1, testing may be required to assess whether a sign meets the following requirement. After testing, signs that do not meet these requirements will be required to address the recommendations of the Zoning Officer in order to satisfy the following maximum permitted luminance standards:
c.
Digital signs shall have a light sensing mechanism that will automatically
adjust the brightness of the display as the natural ambient light
conditions change to comply with the limits set forth herein.
d.
Digital Sign Malfunction Protection. Digital signs are susceptible
to malfunctions that can affect the display such that segments flash,
pulse, increase in brightness and other erratic optical conditions.
Therefore, all digital signs shall be equipped with a mechanism that
turns off the display completely in the event of a malfunction until
the malfunction is repaired.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
The Zoning Officer shall be the enforcing official.
b.
Whenever a temporary sign is erected or maintained in violation of
this section, the Zoning Officer may remove the same at any time without
notice.
c.
Whenever a temporary sign is erected or posted on public property
in violation of this section, the same shall be considered litter
and may be removed at any time.
d.
Whenever a permanent sign is erected or maintained in violation of
this section or any other provision of this chapter, or whenever in
the opinion of the Zoning Officer any sign becomes unsafe or endangers
the safety of a building or premises or the public safety, the Zoning
Officer shall send a letter by certified mail to the owner of said
sign and/or the owner of the premises on which the sign is located,
ordering that such sign be brought into conformance or removed in
accordance with the period set by the zoning officer. If the sign
is not brought into conformity or removed, the Zoning Officer may
cause the same to be removed at the expense of the owner of the sign
and the owner of the premises on which the sign is located.
e.
The City may cause any sign or sign structure to be removed summarily
and without written notice at the expense of the owner of the sign
and the owner of the premises on which the sign is located, if it
is an immediate peril to persons or property by virtue of its construction
or moorings.
[Added 6-9-2021 by Ord.
No. 2021-20]
Whenever it is alleged that there has been an error in any order,
action, decision, determination or requirement by an administrative
official in the enforcement and application of any provision contained
within this § 31-61 (including any allegation that an administrative
official has failed to act within applicable time frame), the aggrieved
party shall file a written appeal with the Board of Adjustment in
accordance with the provisions of the Municipal Land Use Law, N.J.S.A.
40:550-70. The appellate decisions of the Board of Adjustment shall
be deemed final, subject to judicial review as provided by law.
[Added 6-9-2021 by Ord.
No. 2021-20]
Any person, firm or corporation who shall violate, disobey,
omit, neglect or refuse to comply with any provision of this § 31-61
shall be, upon conviction thereof, liable for any penalties.
[Added 6-9-2021 by Ord.
No. 2021-20]
Any permit issued prior to the effective date of the adoption
of the sign regulations that comprise this § 31-61 shall
remain valid until the earlier of the date that said permit expires
by its own terms or one year after the effective date of the adoption
of this section.[1]
[1]
Editor's Note: Adopted 6-9-2021 by Ord. No. 2021-20.
[Added 6-9-2021 by Ord.
No. 2021-20]
a.
Generally; severability where less speech results. If any part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term
or word of this § 31-61 is declared or held to be invalid
or unconstitutional by any court of competent jurisdiction, such declaration
or holding shall not affect any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term or word of this § 31-61,
even if such severability would result in less speech, whether by
subjecting previously exempt signs to this section's permitting requirements,
or otherwise.
b.
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this § 31-61, this chapter or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 that pertains to prohibited signs, including, specifically, the prohibition on billboards and those signs and sign types prohibited and not allowed under § 30-61.2 of this section.
[2000 Code § 30-63; Ord. No. 2015-52, Ex. B]
No fence shall be erected in the City except upon issuance of
a Zoning Permit certifying compliance with the following requirements.
[2000 Code § 30-63.3; Ord. No.
2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
a.
Sightlines. Fences at all street intersections shall not be constructed
to limit or obscure sight distance within the sight triangle of any
street intersection.
b.
Vegetative Barriers. Hedges and other landscaping shall not exceed
four (4) feet in height between any building facade facing a public
street and the streetline. For corner lots, a vegetative barrier,
hedge or other landscaping is permitted in accordance with 30-63.3.c.
In all cases, such landscaping shall not be located so as to conflict
with paragraph a. above.
c.
"Good Neighbor" Provision. Any fence type that has only one finished
side shall be erected so that the finished side faces the street or
any adjacent property.
d.
Types of Fences Prohibited. No fence shall be constructed with barbed
wire, razor wire, metal spikes other than decorative wrought iron
style fences. Canvass or cloth fences, electrically charged fences,
temporary fences except when used around construction sites, or expandable/collapsible
fences shall be prohibited.
e.
Maintenance. Every fence shall be erected in a professional, workmanlike
manner and maintained in a safe, sound upright condition. Every fence
shall be uniform in color and appearance. Posts shall be uniform in
height where possible according to the topography and metal posts
shall be capped.
f.
Drainage. Retaining walls shall be designed and constructed so as
not to block the flow of surface water and to permit adequate drainage.
[2000 Code § 30-63.1; Ord. No.
2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
Any fence erected on or after the effective date of this section
shall be one of the following fence types, or equivalent thereto in
the discretion of the Zoning Officer.
Examples of fences:
 |
 |
[2000 Code § 30-63.2; Ord. No.
2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
a.
Fences are prohibited from being located within the public right-of-way.
Any fence erected within a public right-of-way shall be removed by
the property owner if its removal is required by the City.
b.
In all zones, no fence or wall, of more than four (4) feet in height
shall be erected between any building facade facing a public street
and the streetline, except that for properties with frontage on two
(2) parallel streets, a fence up to six (6) feet tall may be placed
along the rear property line.
c.
Fences on Corner Lots: Properties with frontage on two perpendicular
streets are permitted to have a fence up to six feet in height along
the property line that is coterminous with the street that faces the
side of the principal building. The extent to which a fence may exceed
four feet (and extend up to six feet) is limited to an area between
the rear property line and a point created by a line starting from
the rear building wall that is extended in parallel with the rear
building wall to intersect with the street right-of-way. The maximum
heights and for fences on corner lots is depicted below.
 |
d.
Fencing for interior lots shall comply with maximum heights and styles
shown below.
 |
e.
Chain link, and solid fencing is prohibited for all street facing
fences excluding alleys unless otherwise permitted by paragraph c
above.
f.
The maximum height for any fence or wall on a property shall be six
(6) feet.
g.
All fences shall be installed at least one (1) foot from any public
street right-of-way, except alleys.
[2000 Code § 30-63.4; Ord. No.
2015-52, Ex. B]
In the event that a retaining wall is constructed or maintained
within five (5) feet of a property line, any fence which is subsequently
erected behind the retaining wall shall be set back five (5) feet
from the top of the wall. The height of a fence placed as set forth
herein shall be measured in the same manner as a fence erected on
level ground.
[Added 6-9-2021 by Ord. No. 2021-21]
Pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-65i,
this section is intended to preserve and protect the character of
residential neighborhoods and commercial districts in the City in
a manner consistent with their architectural history as set forth
in the Historic Preservation Element of the Asbury Park Master Plan
(1990) and the Asbury Park Master Plan (2017). The standards contained
herein are designed to provide for new development and additions to
existing structures that are consistent and complimentary to original
homes and buildings. This section is also intended to provide design
standards for non-residential and mixed-use development so as to preserve
and enhance the built environment.
[Added 6-9-2021 by Ord. No. 2021-21]
The standards of this section shall apply to all residential
historic districts, now or hereafter designated, and to all R1, R2,
R3 and B zones, as shown on the Official Zoning Map, as amended.
[Added 6-9-2021 by Ord. No. 2021-21]
No porch or other architectural feature such as cornices, columns,
dormer windows, railings, doors, etc., required under this section
and present on an existing building in a historic district on the
effective date of this section shall be removed unless it is replaced
with same, if element is architecturally accurate, or replaced with
construction to be in character with the building and historic district
in which it is located and is replaced in accordance with the standards
set forth herein. The architectural elements to be included will be
based upon the building's style and structures of similar use already
existing within the block fronts on either side of the street within
which the site of the proposed construction is located. Existing historic
buildings shall retain their distinguishing features as part of any
renovation or building additions.
[Added 6-9-2021 by Ord. No. 2021-21]
In addition to the standards for height, bulk and yards set forth in § 30-67, the following standards shall be met:
a.
Building
Height. A new building to be constructed within a designated district
as described in this section must have two (2) stories, unless more
than fifty (50%) percent of the existing homes on the same block and
facing the same street have less than two (2) stories.
b.
Massing.
A new building to be constructed within a designated district as described
in this section must include a variety of structural or ornamental
indentations and/or projections consistent with those present on at
least fifty (50%) percent of the existing homes on the same block
and facing the same street. At minimum, an open front porch, constructed
of wood and with railings and trim consistent with other homes in
the immediate neighborhood, shall be provided unless more than fifty
(50%) percent of the existing homes on the same block and facing the
same street have no front porch. Other examples of applicable recessed
or projecting features include dormers, bay windows, turrets, recessed
entrances, chimneys, etc. All porch and deck railings shall be thirty-six
(36) inches in height or as otherwise required under the Uniform Construction
Code (N.J.A.C. 5:23, et seq.) and shall include either square, cylindrical
or lathed balusters spaced two (2) to four (4) inches apart (see illustration),
or decorative railings made of wrought iron or other style and material
compatible with Victorian Period architecture.
c.
Roof
Treatments. A new building to be constructed within a designated district
as described in this section must be designed with at least one (1)
roof type present on two (2) or more homes within the same block and
facing the same street. In the event that two (2) or more adjoining
lots become vacant within a block front, the home constructed on any
individual lot must include a roof consistent with one (1) or more
of the following: Gambrel, High or acute angle Gable, Mansard, or
Hip. These roof types are illustrated below.
 |
d.
Ornamentation.
A new building to be constructed within a designated district as described
in this section must be designed with at least one (1) type of ornamentation
present on two (2) or more homes within the same block and facing
the same street. In the event that two (2) or more adjoining lots
become vacant within a block front, the home constructed on any individual
lot must include ornamentation consistent with one (1) or more of
the following: Palladian window or equivalent; cornices or sashes;
small paned windows; door openings with fan and side windows; polygonal
or cylindrical towers; stained glass windows; lathed balusters; etc.
These examples are illustrated below.
 |
e.
Materials.
A new building to be constructed within a designated district as described
in this section must be designed with at least one (1) type of building
material used for siding and roofing present on two (2) or more homes
within the same block and facing the same street. In the event that
two (2) or more adjoining lots become vacant within a block front,
the home constructed on any individual lot must include a siding or
roofing material consistent with one (1) or more of the following:
clapboard or cedar shingle siding or equivalent; shingle roof - including
slate shingles, if feasible; standing seam metal roofs; brick or stucco
facades, etc. Some of these examples are illustrated in the composite
illustration above.
f.
Orientation.
A building to be constructed within a designated district as described
in this section must have the primary facade and front entrance of
the principal structure facing the public sidewalk and street. Front/primary
entrance doors are not permitted facing side yards. No blank walls
shall face a street. Garage doors/openings are prohibited from facing
the street unless located behind the rear building wall of the residence.
The facade of an attached garage shall be offset behind the front
building wall of the residence at least five (5) feet.
[Added 6-9-2021 by Ord.
No. 2021-21]
In addition to the standards for height, bulk and yards set forth in § 30-67, the following standards shall be met:
a.
Design of Additions. An addition to an existing home within a designated district shall be limited to the side or rear yard and should use common or visually related materials to those comprising the existing principal building. The pitch of new roofs may vary from the pitch of existing roofs. The same standards for ornamentation for new construction shall be applied to additions to existing buildings. The architecture of any new addition shall be compatible with the architecture and overall composition of building elements exhibited in the existing principal building. Safety railings for new decks and porches shall conform with § 30-64.4b.
[Added 6-9-2021 by Ord.
No. 2021-21]
Any building to be constructed on any vacant lot shall include design features typical of the neighborhood or zoning district in which the property is situated. Such design features shall include the height of the building, its massing, roof treatment, ornamentation and building materials. The Zoning Officer shall review applications for the development of residences on vacant properties to determine whether the provisions of § 30-64 are satisfied.
[Added 6-9-2021 by Ord.
No. 2021-21]
Commercial and mixed use buildings are required to be oriented
to the primary street on which they have frontage and designed to
incorporate building scale and massing that is compatible with a walkable
environment. This includes a building's height, setback, facade composition,
fenestration and materials. Such features should be compatible with
and complement the historic architectural styles prevalent in the
City's business districts and create a visually appealing streetscape.
