[Ord. #601, S 109-113; Ord. #92-69, S 1; Ord. #1997-04, S
1; Ord. #1998-19, SS 2, 3; Ord. #2000-01, S 1; Ord. #2003-11, S 1;
Ord. #09-2006, S 1]
a. When Exempt.
1. The Planning Board may determine that an application is applicable
for site plan exemption if:
(a)
The application proposes no major changes from the existing
use or site.
(b)
The current site conditions or the proposed application does
not create any deleterious effects on the site or the surrounding
area.
(c)
Any addition(s) to a structure(s) will not exceed five hundred
(500) square feet of area or ten (10%) percent of the total building
area, whichever is less as measured from the exterior dimensions of
the addition.
(d)
The site has been subject to a previously approved site plan.
(e)
Upon recommendation and approval by Planning Board, an accurate
survey of the property may substitute in lieu of a previously approved
site plan; provided that the following items are shown:
(1)
Existing and proposed structures.
(2)
Existing and proposed parking areas, with delineated stalls
and loading areas.
(3)
All existing and proposed site yard, front yard and rear yard
dimensions.
(4)
Delineated ingress/egress, site access, curbing and sidewalks.
(5)
Landscaped areas, buffers, fencing and street trees.
(6)
Existing or proposed lighting.
(7)
Existing and proposed rights-of-way and easements.
(8)
Indication of zoning requirements as compared to the proposed
aspects of submission.
2. Single family or two-family residences are exempt from site plan
requirements.
b. Conditions of Exemption. As part of any request, the following conditions
must be met:
1. The application does not involve an increase in the required parking
spaces; however, any additional parking spaces required as result
of an addition to a building not exceeding five hundred (500) square
feet may be waived by the Planning Board.
2. There shall be no alteration or removal of existing landscaping.
3. No additional loading or refuse areas are needed.
4. There shall be no intrusion or elimination of any existing buffer
area.
5. There shall be no alteration of the existing drainage.
6. The work involved shall not negate any conditions of the resolution.
7. No new variance of any kind is required by the change of the structure.
c. Change in Use Exemption.
1. A change in use shall require a site plan, unless each of the following
conditions are met:
(a)
The use is listed as a permitted use in the particular zone
and is otherwise a conforming use.
(b)
No new variance of any kind is required by the change of use.
(c)
The new use does not require additional parking or loading spaces
and does not require the relocation and/or alteration of any existing
internal driveways or fire lanes.
(d)
The new use will not increase operating hours or require additional
screening or buffer areas nor reduce the buffer or landscaped area.
d. Procedures.
1. Prior to the issuance of a building permit, pursuant to the exemption
set forth in paragraph a. or for a change in use, as set forth in
paragraph c., the applicant and/or property owner shall be required
to submit plans and an affidavit signed under oath evidencing compliance
with the above conditions set forth in this section. These documents
shall be submitted to the Code Enforcement Officer and the Clerk of
the Planning Board. The Planning Board shall review and render its
opinion, by resolution of approval or denial, within ninety (90) days
of the date on which it is received by the Clerk. The Planning Board
shall notify the Code Enforcement Officer of any objections it may
have with respect to compliance with the conditions set forth above
or the issuance of the permit, by resolution of the Board. No building
or change in use permits shall be issued to the applicant during this
review period unless authorized by resolution of the Planning Board.
In the event that any resolution is not filed within the review period
aforesaid by the Planning Board, the Construction Official shall be
without authority to issue a building permit.
2. No certificate of occupancy shall be given to any application unless
all construction conforms to the approved site plan, and there is
certification that the taxes are up-to-date.
e. Fees. The fee for an application for classification as an exempt
site plan shall be one hundred ($100.00) dollars.
f. The approval of the Board of Adjustment shall substitute for that
of the Planning Board whenever the Board of Adjustment has jurisdiction
over a site plan pursuant to N.J.S.A. 40:55D-76.
[Ord. #601, S 109-114; Ord. #610]
Site plan approval may be obtained in two (2) stages:
a. Preliminary site plan approval shall be a required procedure; provided,
however, the approving authority may in its discretion consider any
site plan for both preliminary and final approval where an applicant
shall submit an application which complies in all respects with the
requirements of this ordinance for preliminary and final site plan
applications. If the approving authority considers any site plan for
both preliminary and final approval, the applicant shall be required
to pay all fees set by this ordinance for both preliminary and final
site plan applications.
b. Final site plan approval pursuant to this Chapter.
[Ord. #601, S 109-115; Ord. #610; Ord. #612; Ord. 650; Ord. #673]
All applications for development shall be submitted to the Clerk
of the approving authority and shall be stamped as of the date of
the submission. Within seven (7) days after submission, the approving
authority Engineer, or the approving authority's designee, shall review
the submission to determine whether same is complete on its face and
as defined by this ordinance. If the application is incomplete, the
application shall be returned, including the fee less twenty-five
($25.00) dollars and expenses incurred by the approving authority.
The applicant shall be notified in writing of the deficiencies therein
by the Board or the Board's designee for the determination of completeness
within forty-five (45) days of the submission of such application
or it shall be deemed to be properly submitted. Should the application
be deemed complete, the application shall be heard within the time
provided in this Chapter as measured from the date of submission.
a. A complete application in the case of a subdivision or relief under
N.J.S.A. 40:55D-76 shall include the following:
1. One (1) set of architectural plans showing at least front elevations
and dimensions of all proposed structures.
2. One (1) set of floor plans of all proposed structures.
3. Receipted current tax bills.
4. Required fees as set forth in this Chapter.
5. Fourteen (14) sets of sketch plats, showing the following:
(a)
Scale not less than one (1") inch equals two hundred (200')
feet.
(c)
Percentage of each lot covered by existing or proposed structures.
(d)
Portion to be subdivided or developed.
(e)
Existing and proposed parking facilities, including designation
as to the number of spaces.
(f)
Existing structures on the premises.
(h)
Names and addresses of adjoining owners and number and type
of structures within two hundred (200') feet (e.g., dwelling units,
commercial units, offices, etc.).
(i)
Type and number of proposed shrubbery.
(j)
Streets or roads within the tract or immediately adjacent including
the proposed name of any street(s) whether public or private.
(k)
Proposed improvements including, but not limited to, curbs,
sidewalks, etc.
(l)
Streams within the tract or immediately adjacent.
(m)
Existing rights-of-way and easements.
(n)
Key map showing the location of the surrounding area and within
the community at a scale of not less than one (1") inch equals one
thousand (1,000') feet.
(o)
Legend indicating zoning requirements as compare to the proposed
aspects of the submission.
(q)
Existing wooded area within the tract or immediately adjacent.
(r)
All existing and proposed side yard, front yard and rear yard
dimensions.
(s)
A completed application for development.
(t)
When the development of this subdivision or improvements within
the subdivision are contingent upon information outside the boundaries
of said subdivision, such information shall be supplied by the developer.
(u)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(v)
Such other information as may be required by the approving authority.
b. A complete application for development in the case of a request for
relief under N.J.S.A. 40:55D-70 shall include the following:
1. Completed applications for development.
4. Eleven (11) sets of drawings (scale not less than one (1") inch equals
two hundred (200') feet) showing:
(a)
Entire tract in question.
(b)
Existing structure on tract.
(c)
Proposed structure on tract.
(d)
Streets, roads, driveway and sidewalk within or immediately
adjacent to said track.
(e)
All existing and proposed side yard, front yard, and rear yard
dimensions.
(f)
Where necessary, architectural plans showing at least front
elevations and dimensions of proposed structures.
(g)
Such other information as may be required by the approving authority.
c. Before the Clerk of the approving authority returns any approval
sketch plat to the subdivider, he/she shall have sufficient copies
made to furnish one (1) copy to each of the following:
4. Secretary of the Board of Assessors.
5. Point Pleasant Planning Board.
The cost of the copies will be charged to the subdivider and
shall be collected before the return of the original sketch plat to
the subdivider.
The approving authority shall classify the application. If classified
as a minor subdivision, the minor subdivision shall be approved or
denied within forty-five (45) days of the date of submission of a
complete application to the Clerk of the approving authority or within
such further time as may be consented to by the applicant. Failure
of the approving authority to act within the periods prescribed shall
constitute minor subdivision approval and a certificate of the Clerk
of the approving authority as to the failure to act shall be issued
on request of the applicant and it shall be sufficient in lieu of
the written endorsement or other evidence of approval, herein required,
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (C 40:27-6.3)
the approving authority shall condition any application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period.
Approval of a minor subdivision shall expire one hundred ninety
(190) days from the date of municipal approval unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law, P.L. 1960, c. 141 (C 46:23-9.9 et seq.) or
a deed clearly describing the approved minor subdivision is filed
by the developer with the County Recording Officer, the Municipal
Engineer and the Municipal Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the approving authority.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two (2) years after
the date of minor subdivision approval; provided that the approved
minor subdivision shall have been duly recorded.
d. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures in subsection
19-23.6.
[Ord. #601, S 10-116; Ord. #612]
a. A completed application for preliminary approval of a major subdivision
shall be submitted to the Clerk of the approving authority. At the
time of filing, the applicable fee shall be paid to the Clerk of the
approving authority to cover the costs of publishing notice and of
notifying the persons concerned of the pending hearing on said subdivision.
b. The plat and any other engineering documents to be submitted shall
be required in tentative form for discussion purposes for preliminary
approval. If the application for development is found to be incomplete,
the developer shall be notified thereof within forty-five (45) days
of submission of such application or it shall be deemed to be properly
submitted.
c. If the approving authority required any substantial amendment in
the layout of improvements proposed by the develop that have been
the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development. The approving authority shall, if the proposed subdivision
complied with the ordinance, grant preliminary approval to the subdivision.
d. Upon the submission to the Clerk of the approving authority of a
complete application for a subdivision of ten (10) or fewer lots,
the approving authority shall grant or deny preliminary approval within
forty-five (45) days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than ten (10)
lots, the approving authority shall grant or deny preliminary approval
within ninety-five (95) days of the date of such submission or within
such further time as may be consented to by the developer. Otherwise,
the approving authority shall be deemed to have granted preliminary
approval to the subdivision.
e. Copies of the preliminary application shall be forwarded by the Clerk
of the approving authority prior to the hearing to the following:
1. Approving authority engineer.
2. Such other municipal, county or state agencies or officials as directed
by the approving authority.
[Ord. #601, S 10-117; Ord. #612; Ord. #650; Ord. #651: Ord.
#673]
a. Stages of Site Plan Approval. Site plan approval may be obtained
in two (2) stages:
1. Preliminary site plan approval shall be a required procedure; provided,
however, the approving authority may in its discretion consider any
site plan for both preliminary and final approval where an applicant
shall submit an application which complies in all respects with the
requirements of this Chapter for preliminary and final site plan applications.
If the approving authority considers any site plan for both preliminary
and final approval, the applicant shall be required to pay only the
fee fixed by this Chapter for preliminary site plan approval.
2. Final site plan approval pursuant to this Chapter.
b. Preliminary Site Plan.
1. The developers shall submit to the Clerk of the approving authority
fourteen (14) copies of the site plan and such other information as
required herein. If an application for site plan is found to be incomplete,
the developer shall be notified by the approving authority Clerk within
forty-five (45) days of the submission of such application or it shall
be deemed to be properly submitted. No application shall be determined
complete until all taxes are paid.
2. If the approving authority requires any substantial amendment in
layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application for development shall
be submitted and proceeded upon as in the case of the original application
for development. The approving authority shall, if the proposed development
complies with this ordinance, grant preliminary site plan approval.
3. Upon the submission to the administrative officer of a complete application
for a site plan which involves ten (10) acres of land or less, and
ten (10) dwelling units or less, the Planning Board shall grant or
deny preliminary approval within forty-five (45) days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a site plan which involves more than ten (10) acres, or more than
ten (10) dwelling units, the Planning Board shall grant or deny preliminary
approval within ninety-five (95) days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
[Ord. #601, S 109-118]
a. If the approving authority acts favorably on a preliminary application,
a notation to that effect shall be made on the plat or site plan.
b. Effect of Preliminary Approval. Preliminary approval of a major subdivision
or site plan pursuant to this Chapter shall confer upon the applicant
the following rights for a three (3) year period from the date of
preliminary approval:
1. That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimension and off-tract improvements; and, in the case
of a site plan, any requirements peculiar to site plan approval; except
that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
2. That the applicant shall submit for final approval on or before the
expiration date of preliminary approval, the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3. That the applicant may apply for and the approving authority may
grant extensions on such preliminary approval for additional periods
of at least one (1) year but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
4. In the case of a subdivision of or site plan for an area of fifty
(50) acres or more, the approving authority may grant the rights referred
to in subparagraphs 1, 2 and 3 above for such period of time, longer
than three (3) years, as shall be determined by the approving authority
to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(c)
The comprehensiveness of the development. The applicant may
apply for thereafter and the approving authority may thereafter grant
an extension to preliminary approval for such additional period of
time as shall be determined by the approving authority to be reasonable
taking into consideration:
(1)
The number of dwelling units and non-residential floor area
permissible under preliminary approval; and
(2)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
(4)
The comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
[Ord. #601, S 109-119]
a. The final plat shall be submitted to the Clerk of the approving authority
for final approval within three (3) years from the date of preliminary
approval. The approving authority shall act upon the final plat or
plan within forty-five (45) days after the date of submission for
final approval to the Clerk of the approving authority.
b. The completed application shall be submitted to the Clerk of the
approving authority. Unless the preliminary plat or plan is approved
without changes, the final plat or plan shall have incorporated all
changes or modifications required by the approving authority.
Failure of the approving authority to act within the period
prescribed shall constitute final approval and a certificate of the
Clerk of the approving authority as to the failure of the approving
authority to act shall be issued on request of the applicant, and
it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the County
Planning Board is required by Section 5 of P.L. 1968, c. 285 (C. 40:27-6.3)
in the case of a subdivision, of Section 8 of P.L. 1968, c. 285 (C.
40:27-6.6), in the case of a site plan, the approving authority shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
c. The complete application for final approval shall be submitted to
the Clerk of the approving authority at least twenty-one (21) days
prior to the date of the regular approving authority meeting. Unless
the preliminary plat or plan is approved without changes, the final
plat shall have incorporated all changes or modifications by the approving
authority.
d. The final plat or plan shall be accompanied by a statement by the
approving authority Engineer that he/she is in receipt of a map showing
all utilities or extensions thereof in exact location and elevation,
identifying those portions already installed and those to be installed,
and that the developer has complied with one (1) or both of the following:
1. Installed all improvements in accordance with the requirements of
this Chapter, or
2. A Performance Guarantee has been posted with the approving authority in sufficient amount to assure the completion of all required improvements as set forth in subsection
19-23.11 of this Chapter.
e. Upon final approval, copies of the final plat or plan shall be filed
by the approving authority with the following:
5. Point Pleasant Planning Board.
f. A final subdivision plat, after final approval, shall be filed by
the developer with the County Recording Officer within ninety-five
(95) days from the date of such approval. If any final plat is not
filed within this period, the approval shall expire. The approving
authority may, for good cause, extend the period for recording for
an additional period not to exceed one hundred ninety (190) days from
the date of signing of the plat.
g. No plat shall be accepted for filing by the County Recording Officer
unless it has been duly approved by the approving authority and signed
by the Chairman and Secretary of the approving authority.
[Ord. #601, 109-120]
Exception in application of subdivision or site plan regulation;
simultaneous review and approval.
a. The approving authority, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
of this Chapter for subdivision review if the literal enforcement
of one (1) or more of said provisions of this ordinance impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
b. The approving authority, when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements of this Chapter for site plan approval as may be
reasonable and within the general purpose and intent of the provisions
for site plan review of this ordinance, if the literal enforcement
of one (1) or more provisions of this ordinance is impracticable or
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
[Ord. #601, 109-120]
The sketch plat shall be based on tax map information or some
other similarly accurate base at a scale of not less than two hundred
(200') feet to the inch to enable the entire tract to be shown on
one (1) sheet. The sketch plat shall be designed and drawn by a New
Jersey licensed land surveyor or engineer and shall show or include
the following information:
a. The location of that portion which is to be subdivided in relation
to the entire tract;
b. All existing structures and wooded areas within the portion to be
subdivided and within two hundred (200') feet thereof;
c. The name of the owner and of all adjoining property owners as disclosed
by the most recent Borough record;
d. The tax map sheet, block and lot numbers.
e. All streets or roads and bodies of water within five hundred (500')
feet of the subdivision.
[Ord. #601, 109-122]
The preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than two hundred (200') feet to the inch. The
plat shall be designed in compliance with the provisions of this ordinance.
The preliminary plat shall be designed and drawn by a New Jersey licensed
land surveyor or engineer and shall show or be accompanied by the
following information:
a. A key map showing the entire subdivision and its relation to surrounding
areas.
b. The tract name, tax map sheet, block and lot number, date, reference
meridian, graphic scale and the following names and addresses:
3. Person who prepared the map.
c. Acreage of the tract to be divided to nearest tenth of an acre.
d. Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points and tentative
cross-sections and center line profiles for all proposed new streets.
e. The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features such as wooded areas.
f. Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity) showing feasible connections to existing or any proposed
utility systems. When a public sewage system is not available, the
developer shall have percolation tests made and submit the results
with the preliminary plat. Any subdivision or part thereof which does
not meet with the established requirements of this Chapter or other
applicable regulations shall not be approved. Any remedy proposed
to overcome such a situation shall be approved by the appropriate
Borough, County or State health agency.
g. A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
[Ord. #601, S 109-123]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one hundred (100') feet to the inch and in compliance
with all the provisions of Chapter 358 of the Laws of 1953. Final
plat shall be designed and drawn by a New Jersey licensed land surveyor
or engineer. The final plat shall show or be accompanied by the following:
a. Name, date and location of the subdivision, name of owner, graphic
scale and reference meridian.
b. Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved dedicated to
public use, all lots lines and other site lines, with accurate dimensions,
bearings or deflection angles and radii arcs and central angles of
all curves.
c. The purpose of any easement, right-of-way or land reserved or dedicated
to public use shall be designated and the proposed use of sites other
than residential shall be noted.
d. Each block shall be numbered and the lots within each block also
numbered.
e. Minimum building setback lines on all lots and other sites.
f. Location and description of all monuments.
g. Names of owners of adjoining unsubdivided land.
h. Certification by Engineer or Surveyor as to accuracy of details of
plat.
i. Certification that the applicant is agent or owner of the land or
that the owner has given consent under an option agreement.
j. When approval of a plat is required by any officer or body of the
Borough, State or County, approval shall be certified on the plat.
k. Cross-sections and profiles of streets, approved by the Borough Engineer,
may be required to accompany the final plat.
l. Contours at five (5') foot intervals for slopes averaging ten (10%)
percent or greater and at two (2') foot intervals for lands of lesser
slope.
m. Plans and profiles of storm and sanitary sewers and water mains.
n. Certificate from Tax Collector that all taxes are paid to date.
[Ord. #601, S 109-124]
a. Prior to the granting of final approval, the developer shall have
installed or shall have furnished Performance Guarantees for the ultimate
installation of the following:
7. Top soil protection. No top soil shall be removed from the site or
used as spoil. Top soil moved during the course of construction shall
be redistributed within the subdivision and shall be stabilized by
seeding or planting.
8. Monuments to be of the size and shape required by section 4 of Chapter
358 of the Laws of 1953 and shall be placed in accordance with said
Statute.
9. Water mains, culverts, storm sewers and sanitary sewers. All such
installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
All the previous listed improvements shall be subject to inspection
and approval by the Borough Engineer who shall be notified by the
developer at least twenty-four (24) hours prior to the start of construction.
No underground installation shall be covered until inspected and approved.
c. No final plat shall be approved by the approving authority until the completion of all such improvements has been certified to the approving authority by the Borough Engineer unless the subdivision owner shall have filed with the Borough a Performance Guarantee as set forth in subsection
19-23.11.
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 601, 736, 831, and 90-9.
[Ord. #2003-13, S 18]
a. Block length and width or acreage within bounding roads shall be
such as to accommodate the size of the lot required in the area by
the Zoning Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
b. In blocks over one thousand (1,000') feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Board. Such walkways
shall be ten (10') feet wide and straight from street to street.
c. For commercial, group housing or industrial uses, block sizes shall
be sufficient to meet all area and yard requirements for such use.
[Ord. #2003-13, S 18]
a. Lot dimensions and area shall not be less than the requirements of
the Zoning Ordinance.
b. Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c. Each lot must front upon an approved street at least fifty (50')
feet in the right-of-way width.
d. Where extra width has been dedicated for the widening of an existing
street, the lot shall begin at such extra width line, and all setbacks
shall be measured from such a line.
e. Where there is a question as to the suitability of a lot or lots
for their intended use due to factors, such as flood conditions or
similar circumstances, the Board may, after adequate investigation,
withhold approval of such lots.
f. Where it is deemed necessary by the Board to permit abnormal slopes
in the rear of a lot or between lots, such slopes shall not exceed
a gradient of three (3) to one (1). When such abnormal slopes are
permitted by the Board, the usable area, in addition to the area comprising
the slope, in the rear yard or side yard, shall conform with the side
and rear yard minimum yard requirements as specified in this Chapter.
g. Grading for individual lots shall provide a minimum of a two (2%)
percent slope across grass or ground areas directed away from all
units and in the yard areas and a minimum of a one (1%) percent slope
on all paved areas directed away from all units.
[Ord. #2003-13, S 18]
a. Official Grades.
1. All streets shall be constructed in accordance with official grades
adopted by the Borough Engineer and the Board, if previously established.
2. The provisions of the New Jersey Residential Site Improvement Standards
(RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the
provisions of this Chapter for residential development, except as
otherwise specifically provided. This Chapter shall apply, however,
to nonresidential development, except as otherwise provided herein.
b. The arrangement of streets shall be such as to provide for the extension
of existing streets, where appropriate.
c. In general, local residential streets shall be designed to discourage
through traffic, and proposed larger traffic generators shall not
be permitted through local residential streets. Streets and roadways
shall be located to blend with the topographic and aesthetic features
of the site. Local residential roads shall be curved wherever possible
to avoid conformity of lot appearance and to discourage through traffic.
The grade of the streets shall run with the site topography wherever
possible and in a manner that provides most of the lots to be at or
above the grade of the road.
d. If the subdivision or site plan abuts a major arterial road, the
proposed plan shall include provisions to minimize the number of curb
cuts or entrances onto and exits from same. Wherever possible, reverse
frontage streets shall be employed.
e. Streets shall be of sufficient width and of suitable design to accommodate
prospective traffic, but in all cases shall have a right-of-way width,
measured from lot line to lot line, of not less than fifty (50') feet.
f. The paved surface width of a municipal street shall be measured between
the face of curbs and shall be thirty-three (33') feet.
g. In a subdivision that adjoins or includes an existing street that
does not conform to the width designated in the Master Plan, Official
Map or as required herein, such additional width shall be dedicated
along either or both sides of such street as the municipal reviewing
agency may determine to be necessary and reasonable.
h. The width of the right-of-way of internal roads, alleys, and service
ways in multi-family, commercial and industrial developments shall
be of sufficient width and of suitable design to comply with all applicable
municipal requirements and to safely accommodate the anticipated peak
traffic, parking and loading needs and to provide sufficient access
and turnaround space for firefighting equipment.
i. Grades for minor residential streets shall not exceed eight (8%)
percent or have a minimum grade of less than one-half (0.5%) percent.
Within fifty (50') feet of the intersection of any street with an
arterial street, the maximum grade shall be limited to two (2%) percent.
For arterial, collector, industrial or commercial roadways, the maximum
grade shall be seven (7%) percent.
j. Street intersections shall be as nearly at right angles as is possible,
and in no case shall be less than sixty (60) degrees. At the street
corners, curbs shall be rounded with a curve having a radius of not
less than twenty-five (25') feet.
k. A vertical curve of sufficient length shall be provided at all changes
of grade of streets to provide moving vehicles with a smooth transition
and to allow sufficient sight distance to drivers in order to assure
traffic and pedestrian safety.
l. Culs-de-sac shall be avoided to the extent feasible. When needed,
such streets shall be no longer than six hundred (600') feet from
the intersection of the centerline of the two (2) streets to the centerpoint
of the turnaround and shall provide a turnaround right-of-way at the
end with a radius of not less than forty (40') feet, tangent, whenever
possible, to the right side of the street. Where the street or alley
is in excess of one hundred (100') feet in length, it shall be subject
to a determination by the municipal reviewing agency that the design
is such that firefighting apparatus of the municipality shall not
be deprived of ready access to structures served by such culs-de-sac.
Future extension of the street shall result in the reversion of the
right-of-way to the adjoining properties and removal of the existing
turnaround. Roadway restoration shall be an off-tract responsibility
of the developer creating the improved street extension.
m. In residential developments, four-way intersections shall be prohibited
except where deemed desirable by the municipality.
n. Street jogs with centerline offsets of less than one hundred twenty-five
(125') feet shall be prohibited.
o. Longitudinal changes in direction along a street shall be made by
means of a curve with a minimum centerline radius of one hundred fifty
(150') feet for minor streets and a minimum of three hundred (300')
feet for arterial or collector roads.
p. Where streets have a reverse curve, a tangent of at least one hundred
(100') feet in length shall be required.
q. No streets shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound names of existing streets so as to be
confusing therewith. The continuation of an existing street shall
have the same name. The names of new streets must be approved by the
Municipal Clerk, Tax Assessor and Engineer in accordance with policies
established by the governing body.
r. All intersections shall be provided with sight triangle easements
of ninety feet by ninety (90' x 90') feet for intersections of minor
streets and a triangle with a two hundred (200') foot base for collector
roads. Measurement shall be from the centerlines of the respective
intersecting streets.
s. Pavement Specifications.
1. All underground utilities shall be installed prior to the installation
of pavement.
2. All unsuitable materials, such as debris, stumps, loose boulders,
silt, soft clay, muck or other materials, shall be removed from the
right-of-way limits, as may be directed by the Municipal Engineer.
3. All excavation for utilities or for removing unsuitable materials
shall be refilled to the proper road grade in twelve (12") inch maximum
lifts with select fill material consisting of an approved sand and
gravel material. Each select fill lift shall be compacted to ninety-five
(95%) percent of its modified Proctor density. Where deemed necessary
by the Municipal Engineer, crushed stone or New Jersey Department
of Transportation (NJDOT) type 5, class A quarry process stone shall
be utilized. Subbase for the roadway shall be six (6") inches of compacted
New Jersey Department of Transportation (NJDOT) Mix I-4 soil aggregate.
4. If the road base remains wet for prolonged periods or is unstable
as a result of wet conditions, the Municipal Engineer may require
the installation of subsurface piping to drain the road base.
5. Road Base Course. After the subbase has been thoroughly compacted
to ninety-five (95%) percent of its modified Proctor density, graded,
shaped and approved by the Municipal Engineer, a minimum of four (4")
inches of hot bituminous stabilized base course shall be installed
in two (2") inch lifts in all minor roads in accordance with the latest
requirements of the New Jersey Department of Transportation (NJDOT)
Standard Specifications for Road and Bridge Construction for Mix I-1.
The Municipal Engineer may permit installation of one (1) four (4")
inch lift if conditions warrant. The thickness of the base course
shall be increased as deemed necessary by the Municipal Engineer,
depending on anticipated traffic and soil conditions for roads other
than minor and local roads. The base course for the entire road or
large section thereof shall be installed as soon as possible to afford
access to the site and shall be installed prior to issuing Certificates
of Occupancy for any house fronting same.
6. Road Surface Wearing Course. The road surface pavement course shall
be hot type FABC-1 bituminous concrete surface course and shall be
manufactured and installed in accordance with the New Jersey Department
of Transportation (NJDOT) Standards for Road and Bridge Construction
(latest revision) for Mix I-5. The required minimum compacted thickness
shall be one and one-half (1 1/2") inches for all minor streets
with sound and stable base. Prior to the placement of the road surface
wearing course, the cleaned road base course shall be given an application
of grade RC-70 or RC-T cutback asphalt or grade RS-1 emulsified asphalt
at a rate of 0.02 to 0.08 gallons per square yard, as directed by
the Municipal Engineer. All work shall be in accordance with the New
Jersey Department of Transportation (NJDOT) Standards for Road and
Bridge Construction (latest revision). The wearing surface shall not
be permitted to be installed until all major construction is completed,
public and private underground utilities are installed, all curbs
and sidewalks repaired, all base pavement repairs are made in accordance
with the directions of the Municipal Engineer, all low spots are brought
to grade with leveling wedges, all manhole and inlet castings are
grouted and the road is approved for paving by the Municipal Engineer.
After completion of all pavement excavations, curbing and utility
installations in existing streets, the pavement base shall be replaced
as specified in this section, and the roadway shall be overlaid with
one and one-half (1 1/2") inches of bituminous concrete surface
overlay along the entire frontage to the centerline of the roadway
if deemed necessary by the Municipal Engineer.
t. Curbing. Concrete curb or Belgian block curb shall be installed,
in accordance with the Standard Details of the municipality along
every street within the development and at intersections with municipal
roads, County roads and State highways. The standard curb section
to be used shall not be more than twenty (20') feet in length, shall
be set in accordance with approved lines and grades, and radial curbs
shall be prohibited. Concrete curbs shall be six (6") inches and eighteen
inches by eight (18" x 8") inches, using class B concrete having a
twenty-eight (28) day compressive strength of 4,500 p.s.i. At locations
specified by the Municipal Engineer, the curbing shall be designated
to provide a ramp for bicycles and/or wheelchairs.
u. Sidewalks. Where required, sidewalks shall be at least four (4')
feet wide and installed in accordance with the Standard Details of
the municipality. Sidewalks shall be at least four (4") inches thick,
except at points of vehicular crossing where they shall be at least
six (6") inches thick of class C wire reinforced concrete having a
twenty-eight (28) day compressive strength of 3,500 p.s.i. and shall
be air-entrained. Where directed by the Municipal Engineer, the sidewalk
shall be poured on a shaped and graded base of three (3") inches of
gravel or broken stone. Handicap ramps shall be provided at all intersections
and points of required pedestrian crossing.
1. Sidewalks shall be provided along the frontage of all zones and in
other locations deemed necessary by the municipality, except as waived
by the appropriate Board.
2. Sidewalks and sitting areas shall be surfaced so that they will be
easily maintained and properly illuminated if in use after sunset.
Walks along the frontage of property shall be in accordance with municipal
standards.
3. A private pedestrian walk shall have a minimum paved width of four
(4') feet, and, if dedicated to the municipality as a public walkway,
the pedestrian walk shall have an easement with a minimum width of
ten (10') feet.
v. Street Signs. Street signs shall be four inches by four inches by
eight (4" x 4" x 8') feet CCA treated timber painted with white exterior
enamel with black enamel block lettering of the type, design and standard
as approved by the reviewing municipal agency on advice of the Municipal
Engineer. The location of the street signs shall be determined by
the Engineer, but there shall be at least two (2) signs furnished
at each four-way intersection and one (1) street sign at each "T"
intersection. All signs shall be installed free of visual obstruction.
w. Street Trees. Shade trees shall be two (2") inches in caliper at
a height of three (3') feet above the root ball and a minimum of eight
(8') feet in height. Tree species shall be Evergreen or Silver Linden,
London or Oriental Plane, Norway, Shwedler's or Sugar Maples, Chestnut,
Red, Pin, Black or Scarlet Oak and shall be planted at locations and
intervals as may be approved by the municipal Board, with a minimum
of two (2) trees per lot on all roadway frontage. Existing trees near
street lines shall be preserved by the developer.
[Ord. #2003-13, S 18; Ord. #2014-04 S 28; Ord. No. 2016-04]
a. Off-Street Parking. In all zones, in connection with every industrial, business, institutional, recreational, residential and any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a Certificate of Occupancy. Any R-5 dwelling that is not new construction shall not be required to meet the requirements of subsection
19-28.5a,
19-28.5c, and
19-28.5g.
[Ord. No. 2016-04]
b. Design Standards for Off-Street Parking Areas.
1. Number of Parking Spaces Required. The number of off-street parking
spaces required shall be as set forth herein.
2. Size of Parking Stalls. Off-street parking spaces shall be a minimum
of ten (10') feet in width and twenty (20') feet in length. These
conditions shall not apply to parallel curb spaces, which shall measure
not less than eight (8') feet in width and twenty-two (22') feet in
length. Except in the case of one-family and two-family dwellings,
no parking area provided hereunder shall be established for less than
three (3) spaces.
3. Minimum Parking Requirements. Parking shall be as required by the
Zoning Ordinance, except where there is no applicable category contained
in the Zoning Ordinance. The number of parking spaces for each use
shall be determined by the number of dwelling units, the amount of
gross floor area (GFA), as defined in this Chapter, or such other
measures as noted below. Where a particular function contains more
than one (1) use, the minimum parking requirements shall be the sum
of the component parts.
MINIMUM PARKING REQUIREMENTS
|
---|
Use
|
Minimum Parking Requirement
|
---|
Assembly Operations
|
1 space/800 sq. ft. GFA
|
Automotive Repair or Body Shop
|
4 spaces/bay
|
Automotive Service Station
|
(a) Gas only: 4 spaces
|
|
(b) Gas and convenience store: 4 spaces, plus 2 spaces/1,000
sq. ft. GFA
|
|
(c) Gas, convenience store and service bays: 4 spaces, plus
2 spaces/ bay, plus 2 spaces/ 1,000 sq. ft. GFA
|
|
(d) Gas, convenience store and car wash: 4 spaces, plus 2 spaces/
1,000 sq. ft. GFA, plus 6 vehicle storage for car wash
|
Auto/Truck Sales
|
3 spaces/bay, plus 1 space/ 400 sq. ft. GFA for customer and
employee parking. These areas shall be in addition to areas utilized
for display and storage of vehicles. Site plans shall specify which
parking spaces are designated for customers, employees, display and
storage
|
Barber and Beauty Shops
|
3 spaces/beautician chair; 2 spaces/barber chair, but not less
than 1 space per 200 sq. ft. GLA
|
Bar
|
1 space/2 seats
|
Bowling Alley
|
6 spaces/alley
|
Car Wash
|
10 spaces/washing lane
|
Self-Service Car Wash
|
5 spaces/washing lane
|
Cemetery
|
1 space/400 sq. ft. GFA for office
|
Church/Place of Worship
|
1 space/3 seats
|
Clubs, Lodges or Social Organizations
|
1 space/200 sq. ft. GFA
|
Community Center
|
Min. 20, plus spaces for office as outlined below
|
Delicatessens and Bakeries
|
1 space/250 sq. ft. GFA, plus 1 per employee
|
Doctor/Dentist's Office
|
10 spaces, plus 4 spaces/ 1,000 sq. ft. GFA
|
Dwelling Unit
|
Per New Jersey Residential Site Improvement Standards (RSIS)
5:21a-1 et seq.
|
Fast Food Establishment
|
1 space/75 sq. ft. GFA. If located in a shopping center, then
1 space/100 sq. ft. GFA or:
With drive-through: 0.3 spaces/seat, plus 8 vehicle storage/drive-through
lane
Without drive-through: 0.5 spaces/seat
|
Financial Institutions
|
1 space/200 sq. ft. GFA, plus 7 vehicle storage/window for drive-up
|
Funeral Home
|
5.5 spaces/1,000 sq. ft. GFA
|
Gymnasium
|
To be determined at site plan review
|
Furniture or Carpet Store
|
2 spaces/1,000 sq. ft. GFA
|
Home Occupation
|
Min. 2 plus 2/employee
|
Hospital
|
1.5 spaces/bed
|
Hotels, Motels and Rooming Houses
|
1 space/double occupancy room, plus those required for accessory
uses, such as eating and drinking establishments, retail stores, etc.
|
Industrial
|
1 space/800 sq. ft. GFA
|
Library
|
1 space/300 sq. ft. GFA
|
Long-Term Care, Assisted Living and Residential Health Care
Facilities and Continuing Care Retirement Communities
|
(a) Long-term care, assisted living, residential health care
facilities: 1 space/3 beds based on licensed bed capacity
Parking facilities for the residents, employees, visitors of
the continuing care retirement community shall be based on the following:
|
|
(1) 5/10 space/unit/ independent living unit
1 space/5 beds for health care beds
1 space/employee for day shift employees
1/10 space per 10 independent living units for visitors for
independent living units
|
Lumber Yard
|
1 space/25,000 sq. ft. gross yard area
|
Manufacturing
|
1 space/300 sq. ft. GFA or 1 space/ employee on the maximum
shift, whichever is greater
|
Marina
|
0.6 parking spaces/boat slip plus one (1) space for every two
hundred sixty (260) square feet of unimproved area. [Ord. #2014-04, S 28]
|
Mortuary
|
10 spaces/viewing room and chapel, min. 30 spaces
|
Museum
|
1 space/600 sq. ft.
|
Neighborhood Convenience Center
|
Same as shopping center
|
Nightclub
|
1 space/3 seats
|
Office (Commercial)
|
1 space/200 sq. ft. GFA
|
Office (Professional)
|
1 space/200 sq. ft. GFA
|
Park
|
As approved on site plan
|
Pilot Plants
|
1 space/800 sq. ft. GFA
|
Pool (Community)
|
1 space/50 sq. ft. water surface area
|
Receiving
|
1 space/5,000 sq. ft. GFA
|
Research/Laboratory
|
1 space/300 sq. ft. GFA
|
Restaurant
|
one (1) space/100 square feet of gross dining area. This calculation
shall exclude kitchen facilities, stairways, lobbies, restroom facilities,
storage rooms, utility rooms and hallways. [Ord. #2014-04, S 28]
|
Retail Store (Freestanding)
|
4 spaces/1,000 sq. ft. GLA
|
School:
|
|
Nursery/Day Care
|
1 space/employee, plus 1 space/10 students, plus 1 drop-off
space/10 students
|
Elementary
|
1 space/employee, plus 1 space/5 seats in auditorium
|
Secondary
|
1 space/employee, plus 1 space/5 students
|
Shipping
|
1 space/500 sq. ft. GFA
|
Shopping Center
|
5.5 spaces/1,000 sq. ft. GFA, excl. theater
|
Supermarket (Freestanding)
|
6 spaces/1,000 sq. ft. GFA
|
Storage Areas
|
1 space/5,000 sq. ft. GFA
|
Tennis Courts
|
3 spaces/court
|
Theater
|
1 space/3 seats; 1 space/4 seats in shopping center
|
Utilities
|
1 space
|
Veterinarian Hospital
|
1 space/333 sq. ft. GFA
|
Wholesale Establishments and Warehouses
|
1 space/500 sq. ft. GFA
|
GLA = Gross Leasable Area.
Where the minimum parking requirements are not set forth for
a specific use in this schedule, the number of required parking spaces
shall be determined by the municipal reviewing agency at the time
at which an application for development is submitted.
|
c. For all uses set forth herein, the handicapped parking spaces required by Borough Ordinance No. 714 shall not increase the total spaces required, but shall be included in the number of spaces provided herein. Editor's Note: Ordinance No. 714 is codified as §
7-14, Handicapped Parking, of these Revised General Ordinances.
d. Connection to a Public Right-of-Way. Each off-street parking, loading
or service area shall be connected to a public street right-of-way
by means of a driveway, and each parking space shall connect to an
aisle providing access thereto.
[Ord. #2003-13, S 18; Ord. No. 2016-04; Ord. No. 2018-05; amended 9-23-2019 by Ord. No. 2019-19; 3-11-2024 by Ord. No. 2024-02]
In all zones, in connection with every industrial, business, institutional, recreational, residential and any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a certificate of occupancy. Any R-5 dwelling that is not new construction shall not be required to meet the requirements of Subsection
19-28.5a,
c and
g, except for driveway modifications, which must still comply.
The provisions of the New Jersey Residential Site Improvement
Standards (RSIS), N.J.S.A.5:21-1 et seq., shall govern and control
over the provisions of this chapter for residential development, except
as otherwise specifically provided. This chapter shall apply, however,
to nonresidential development, except as otherwise provided herein.
a. Location of Curb Cuts. At street intersections, curb cuts shall be
set back no less than 25 feet from the intersection of the two curblines,
or such lines extended, and shall be set back not less than 10 feet
from the intersection of two property lines, or such lines extended,
except in residential zones where the minimum distance between the
property line and the edge of the driveway shall be five feet. Between
the curb returns for any two driveways serving the same property,
there shall be at least 25 feet of curb, except that this distance
may be reduced to as little as five feet where it is demonstrated
that restricted frontage makes this necessary in order to provide
adequate driveways (not more than two ) for the property on any one
roadway.
b. Size of Aisles. The width of all aisles providing direct access to
individual parking stalls shall be in accordance with the requirements
set forth below. Only one-way traffic shall be permitted in aisles
serving parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
---|
0° (parallel parking)
|
12
|
30°
|
15
|
45°
|
18
|
60°
|
20
|
90° (perpendicular parking)
|
24
|
c. General Location. No off-street parking or loading area shall be
located in a minimum required front yard setback area or within five
feet of a property line.
d. Location in Different Zones. No access drive, driveway or other means
of ingress or egress shall be located in any residential zone to provide
access to uses other than those permitted in such residential zone.
e. Curbing. All parking lots and all loading areas shall have concrete
or Belgian block curbing, in accordance with the municipality's Standard
Details, around the perimeter of the parking and loading areas
in conjunction with an overall grading and drainage plan. Curbing
shall be either depressed at the driveway or have the curbing rounded
at the corners with the access drive connected to the street in the
same manner as another street if approved by the appropriate board.
Curbing between vehicular and pedestrianways shall be designed with
periodic ramps from the street or parking grade to the sidewalk, which
shall be no less frequent than one every 65 feet, and located in accordance
with a pedestrian circulation plan.
f. Sidewalks. Sidewalks between parking areas and principal structures,
along aisles and driveways, and wherever pedestrian traffic shall
occur, shall be provided, in accordance with the municipality's Standard
Details, with a minimum width of four feet of passable area and shall
be raised six inches or more above the parking area except when crossing
streets or driveways, guardrails, and wheel stops permanently anchored
to the ground shall be provided in appropriate locations. Parked vehicles
shall not overhang or extend over sidewalk areas, unless an additional
sidewalk width of 2 1/2 feet is provided to accommodate such
overhang.
g. Surfacing Details. All off-street parking areas, interior driveways
and loading/unloading areas shall be surfaced with bituminous concrete
pavement in the following thickness:
1. Residential Driveways. Residential driveways shall be constructed
of six inches of compacted Type 2 or Type 5 Class A soil aggregate
in accordance with New Jersey Department of Transportation (NJDOT)
Specifications, latest revision. The compacted soil aggregate shall
be placed on a properly shaped, graded and compacted subgrade. A minimum
of 2 1/2 inches compacted bituminous concrete, Commercial Mix
equivalent to New Jersey Department of Transportation (NJDOT) Specifications
Mix I-5 or Mix I-6, latest revision, shall be placed on the soil aggregate.
Driveway may be constructed of six (6") inches of 3,500 p.s.i. air-entrained
concrete with six by six (6 x 6) 10 gauge welded wire reinforcement.
All driveways shall have a minimum grade of one-fourth (1/4") inch
per foot to the edge of roadway pavement.
(a)
Notwithstanding the above, concrete pavers may be permitted
as an acceptable surface for residential driveways subject to the
approval of the Borough Engineer. The concrete pavers shall be installed
in accordance with the applicable manufacturer's specifications upon
a compacted four (4") inch gravel subbase and a minimum one and one-half
(1 1/2") inch thickness sand or quarry dust setting bed. A residential
driveway consisting of concrete pavers shall be considered, for purposes
of this Chapter, as an impervious surface.
2. Light traffic areas and car parking stalls shall be paved with one
and one half (1 1/2") inches FABC - 1, New Jersey Department
of Transportation (NJDOT) Mix I-5, over three (3") inches bituminous
stabilized base course, New Jersey Department of Transportation (NJDOT)
Mix I-1, bearing on a suitable compacted subgrade approved by the
Municipal Engineer. (This specification does not apply to areas traversed
by refuse trucks or other heavy vehicles).
3. Moderate traffic areas for single unit trucks shall be paved with
two (2") inches of FABC - 1, New Jersey Department of Transportation
(NJDOT) Mix I-5, over four (4") inches bituminous stabilized base
course, New Jersey Department of Transportation (NJDOT) Mix I-1, bearing
on a compacted subgrade approved by the Municipal Engineer.
4. Heavy industrial traffic areas used by large truck units shall be
paved with two (2") inches FABC - 1, New Jersey Department of Transportation
(NJDOT) Mix I-5, over five (5") inches bituminous stabilized base
course, New Jersey Department of Transportation (NJDOT) Mix I-1, bearing
on a suitable compacted subgrade approved by the Municipal Engineer.
h. Other Design Criteria.
1. Landscaping in all loading areas and in and around parking lots shall
be shown on a landscaping plan. The landscaping plan shall be sufficiently
detailed to indicate species, size, and spacing; shall show grassed
areas and mulched areas, flowerbeds, plantings and other items required
by the Board. Trees shall be staggered and/or spaced so as not to
interfere with driver vision at intersections of driveways and streets
and at the ends of parking rows, have branches no lower than six (6')
feet, and shall number at least one (1) tree with a caliper of two
(2") inches for every twenty (20) parking spaces. All areas between
the parking area and the building shall be landscaped. All landscaped
or buffer screen areas within the parking lot or loading area shall
be protected by concrete or Belgian block curbing. Any plantings,
which do not live, shall be replaced within one (1) year or one (1)
growing season. A majority of the parking area shall be obscured from
public streets by buildings, landscaped berms, natural ground elevations,
low evergreen or plantings singularly or in combination. Shrubbery
and tree species selected shall be resistant to pollutants typically
found in parking areas.
(a)
Large parking areas. Parking lots, which have a capacity for
parking more than one hundred (100) vehicles, shall incorporate the
following minimum landscaping design standards:
(1)
The design of the parking area shall include planting islands,
which shall be a minimum of ten (10%) percent of the total parking
area. These islands shall include plantings, as required by this subsection.
Parking bays shall be separated from access or circulation drives
by a planting island (of ten (10') foot minimum width) or area for
the full width of a bay at the end of the rows. The parking lot shall,
where possible, be subdivided into modular parking bays or lots of
not greater than fifty (50) spaces each. A landscape island of a minimum
ten (10') foot width shall separate these modules. When appropriate,
pedestrian walkways shall be provided on these islands. A single line
or row (of parking spaces) within a bay should be no more than twenty
(20) spaces in length.
2. Drainage. All parking and loading areas shall be drained in accordance
with good engineering practice, as outlined in this standard and as
approved by the Municipal Engineer. Where sub-base conditions are
wet, springy, or of such nature that surfacing would be inadvisable
without first treating the subbase, these areas shall be excavated
to such a depth as necessary to provide a stable subbase and filled
with a suitable subbase material acceptable to the Municipal Engineer.
Where required by the Engineer, a system of porous pipe subsurface
drains shall be constructed beneath the surface of the paving and
connected to a suitable drain. After the subbase material has been
properly placed and compacted, the parking area surfacing material
shall be applied. Off-site drainage facilities and structures requiring
enlargement, modification, or reconstruction resulting in part from
or totally as the result of the proposed development shall be subject
to off-site improvement requirements and standards as established
in this standard.
3. All parking areas shall be effectively screened on any side, which
abuts or faces any premises, situated in any residential zone or existing
residential use by a buffering screen at least six (6') feet in height,
maintained in good condition, if required by the site plan approved
by the municipal reviewing agency, provided that such fence, wall
or hedge may be waived by the municipal reviewing agency if, because
of topographic or other extraordinary or exceptional conditions, the
same shall not be necessary to protect any abutting or facing premises
situated in any residential zone or existing residential use.
4. All such parking areas shall be used only for the parking of automobiles.
No commercial repair work or sales of any kind shall be conducted
in any parking area unless specifically approved for the use. No sign
other than entrance, exit, stop, identification and conditions of
use signs shall be maintained in any parking area without prior approval.
No such sign shall be larger than two (2) square feet in area. Nothing
herein contained shall be construed to permit any required parking
area to be used for the commercial storage of new or used motor vehicles
by a new or used car dealer or motor vehicle rental agency.
5. Lighting. All off-street parking areas and roadways shall be designed
in accordance with the requirements for lighting in other applicable
sections of these design standards.
6. Markings and Access. Parking stalls, driveways and aisles shall be
clearly marked and delineated. The municipal reviewing agency shall
require certain areas to be maintained for firefighting, handicapped
or other emergency purposes, pursuant to direction of the appropriate
Code officers in the municipality. All areas of the parking lot or
loading zone shall be appropriately marked, delineated and signed
in accordance with the Federal Highway Administration "Manual on Uniform
Traffic Control Devices," latest edition.
i. Multi-Family Circulation Systems. Multi-family developments should
be serviced by a complete loop street system of at least thirty (30')
feet in width affording at least two (2) means of ingress to the site.
Crossovers should be provided. When a complete system is not practical,
a thirty-four (34') or forty (40') foot side street should be considered
with a divided road, at least at the entrance.
j. General Circulation Design Principles.
1. Parking space allocations should be oriented to specific buildings
wherever possible.
2. Parking areas may be designed to focus on major walkways, which should
be fenced or marked.
3. Where pedestrians must cross service roads to reach parking areas,
crosswalks should be clearly designated by pavement markings or signs.
Crosswalk surfaces should be slightly raised to designate them to
drivers unless drainage problems would result. A one-way car movement
(to the left or counterclockwise) should be encouraged. A major loop
road should be developed around the perpendicular of the access roads.
4. Driveways should approach from the right to permit passengers to
alight to or from the sidewalk.
5. Whenever possible, one-way traffic should be established at building
entrances.
6. Where buses are a factor, the municipal reviewing agency shall consider
special bus identification slots off the roadway to allow passengers
to enter and exit quickly and safely.
7. Roads and driveways from main roads should be located at grade and
not below the crest of vertical curves.
k. Off-Street Loading Requirements.
1. In any zone, in connection with every building or building group,
or part thereof hereafter erected, which is to be occupied by industrial,
office and laboratory or commercial uses or distribution by vehicles
of material or merchandise, they shall be provided and maintained,
on the same lot with such building, off-street loading berths in accordance
with the requirements set forth below:
(a)
Each loading space shall be no less than twelve (12') feet in
width, fifty (50') feet in length and fifteen (15') feet in height,
and may not occupy any part of any required front, side or rear yard
setback area provided, however, that no lots on which the rear yard
abuts a limited access highway or railroad, such loading space may
occupy the rear yard up to the rear property line.
(b)
Requirements for combined uses. The number of off-street parking
spaces or loading berths required by land or buildings used for two
(2) or more purposes shall be the sum of the requirements for the
various individual uses.
(c)
Loading spaces shall abut the building being served, and be
located to directly serve the building for which the space is being
provided.
(d)
No loading spaces shall be located in any required buffer area.
(e)
Garbage dumpsters or receptacles shall be located in screened
off-street loading berths or areas of sufficient size and location
to permit ingress and egress for pickup. Solid waste facilities of
nonresidential uses should be located to minimize any adverse impact
on adjacent residential dwellings.
2. The minimum of loading berths required for a particular use or uses
are as follows:
Uses
|
Gross Floor Area
(Square Feet)
|
Loading Berths
|
---|
Schools
|
15,000 or more
|
1
|
Hospitals and Nursing Homes (in addition to space for ambulances)
|
For 10,000 - 30,000
For each additional 5,000 or fraction thereof
|
1
1 additional
|
Undertakers and Funeral Parlors
|
5,000
For each additional 5,000 or fraction thereof
|
1
1 additional
|
Hotels and Offices
|
From 10,000 or more
|
1
|
Retail, Commercial, Industrial, Wholesale, and Manufacturing
Uses
|
From 5,000 - 15,000
From 15,000 - 30,000
From 30,000 - 50,000
From 50,000 - 75,000
For each additional 25,000 or fraction thereof
|
1
2
3
4
1 additional
|
l. Joint Facilities for Off-Street Parking or Loading. Off-street parking
and loading facilities for separate uses may be provided jointly if
the total number of spaces so provided is not less than the sum of
the separate requirements for each use, provided that all regulations
governing the location of accessory spaces in relation to the use
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one (1) use unless otherwise
approved by the municipal reviewing agency as provided herein in accordance
with the purposes and procedures set forth herein.
m. Maintenance of Off-Street Parking and Loading Areas.
1. Every parcel of land hereafter used as a public or private off-street
parking and loading area shall be maintained in good condition, free
of hazards and deterioration. All pavement areas, sidewalks, curbs,
drainage facilities, lighting, bumpers, guardrails, markings, signs,
landscaping and other improvements shall be maintained in workable,
safe and good condition.
2. The governing body of the municipality, if deemed necessary, may
authorize repairs for such improvements, if, after thirty (30) days
notice, the owner fails to maintain such improvements and be assessed
for the cost of such repairs and such assessment shall become a municipal
lien against the property.
n. Location of Driveway Design.
1. All entrance and exit driveways shall be located to afford maximum
safety to traffic, provide for safe and convenient ingress and egress
to and from the site, and to minimize conflict with the flow of traffic.
2. The municipal reviewing agency shall give approval to such design
after the review of the report of the appropriate Municipal Code Official
or Municipal Engineer regarding same.
3. Any exit driveway or driveway lane shall be so designated in profile
and grading and located in such a manner as to provide a minimum sight
distance measured in each direction of one hundred fifty (150') feet.
The maximum allowable speed in any such driveway shall be fifteen
(15) miles per hour. The measurements shall be made from the driver's
seat of a vehicle standing on that portion of the exit driveway that
is immediately outside the edge of the road right-of-way.
4. No entrance or exit driveway shall be located on a rotary ramp of
an interchange, or within twenty-five (25') feet of the beginning
of any ramp or other portion of an interchange.
o. Driveway Angle.
1. Two-Way Operation. Driveways used for two-way operation shall intersect
the road at an angle to be as near ninety (90) degrees as site condition
will permit and in no case will be less than sixty (60) degrees.
2. One-Way Operation. Driveways used by vehicles in one (1) direction
of travel (right turn only) shall not form an angle greater than forty-five
(45) degrees with a road, unless acceleration and deceleration lanes
are provided.
p. Driveway Dimensions. The dimensions of driveways shall be designed
to adequately accommodate the volume and character of vehicles anticipated
to be attracted daily onto the land development for which site plan
is prepared. The required maximum and minimum dimensions for driveways
are indicated below. Driveways serving large volumes of daily traffic
of over fifteen (15%) percent truck traffic shall be required to utilize
high to maximum dimensions.
|
One-Way Operation Driveway Width
(feet)
|
Two-Way Operation Driveway Width
(feet)
|
---|
3—10 Dwelling Units
|
12—18
|
20—30
|
10 or More Dwelling Units
|
16—26
|
30—36
|
Commercial and Industrial
|
16—30
|
30—40
|
All driveways dimensions shall be five (5') feet wider at the
curbline of an intersecting road and this additional width shall be
maintained for a distance of twenty (20') feet into the site.
|
q. Driveway Profile. Any vertical curve on a driveway shall be so designed
to prevent the dragging of any vehicle undercarriage. Should the sidewalk
be so close to the curb at a depressed curb driveway as to cause the
ramp to be too steep and be likely to cause undercarriage drag, the
sidewalk shall be appropriately lowered to provide a suitable ramp
gradient.
Ribbon strips shall not be allowed on any driveways, either
on commercial or residential properties. Ribbon strips are defined
as two strips of concrete or other impervious surfaces with a grass,
stone, or other pervious cover between them.
r. Acceleration Lanes. Where a driveway serves right turning traffic
from a parking area providing two hundred (200) or more parking spaces
and the road has a peak traffic volume exceeding seven thousand five
hundred (7,500) vehicles per day, an acceleration lane shall be provided,
which is at least two hundred (200') feet long and at least thirteen
(13') feet wide measured from the road curbline. A minimum thirty-five
(35') foot curb return radius shall be used from the driveway to the
acceleration lane. Other factors as determined by the municipal reviewing
agency may warrant the construction of acceleration and/or deceleration
lanes.
s. Deceleration Lanes. Where a driveway serves as an entrance to a land
development providing one hundred (100) or more parking spaces, a
deceleration lane shall be provided for traffic turning right into
the driveway from the road. The deceleration lane shall be at least
two hundred (200') feet long and at least thirteen (13') feet wide
measured from the road curbline. A minimum thirty-five (35') foot
curb return radius shall be used from the deceleration lane into the
driveway.
t. Off-Street Parking. Each and every off-street parking area shall
be subject to plan approval by the appropriate municipal reviewing
agency. The appropriate municipal reviewing agency shall consider
the effect of any parking area upon traffic safety and abutting properties
and shall ascertain that all requirements of this Chapter are met.
u. Off-Street Parking, Location. All off-street parking areas required
by this subsection shall be furnished upon the same lot as the principal
building or use; or on other property or properties owned by the applicant;
provided, that at least fifty (50%) percent of the required parking
spaces shall be on property located within five hundred (500') feet
of any customer entranceway to the principal building or use and the
remainder of the required parking spaces may be located on other properties
not more than one thousand (1,000') feet from any customer entranceway
to the principal building or use. All parking areas shall be devoted
exclusively to parking and to no other use so long as the principal
building or use, which makes such parking areas necessary, shall continue
in existence.
[Ord. #2003-13, S 18]
a. All subdivisions and site plans shall be provided with sanitary sewer
facilities in such a manner as to provide adequate sewerage within
the development to transport all sewage from each lot and the total
development to said collection system. The provisions of the New Jersey
Residential Site Improvement Standards (RSIS), N.J.S.A. 5:21-1 et
seq. shall govern and control over the provisions of this Chapter
for residential development. This Chapter shall apply, however, to
nonresidential development, except as otherwise provided herein.
b. Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements of right-of-way in accordance with subsection
19-28.9 entitled "Easements" in this section.
c. Any collection system shall be designed in accordance with the requirements
of the New Jersey Department of Environmental Protection (NJDEP),
Ocean County Utilities Authority and applicable municipal ordinances.
d. The following sanitary sewer standards are required for all developments
in the immediate vicinity of sanitary sewerage facilities:
1. A complete engineer's report, setting forth the basis of design,
shall be submitted to the approving authority(ies).
2. All sewer mains shall be extended along the entire frontage of the
tract from the existing sewer main.
3. All sanitary sewers shall be designed to carry the ultimate design
flow with a peaking factor of four (4) unless otherwise determined
by the Municipal Engineer. Design flow shall be in accordance with
N.J.A.C. 7:14A-23.3.
4. All trunk and interceptor sewers shall conform generally to the municipality's
sanitary sewer master plan where applicable.
5. Gravity sewers shall be designed to flow with a minimum velocity
of not less than two (2') feet per second at full flow based on Kutter's
Formula with "n" = 0.011 for PVC plastic. Inverted siphons and force
mains shall be designed for a minimum velocity of three (3') feet
per second. The minimum gravity sewer size shall be eight (8") inches
in diameter. The minimum sewer lateral and force main size shall be
four (4") inches in diameter.
6. All residential units shall be connected to a sanitary sewer by a
four (4") inch (minimum) diameter sewer lateral. The lateral shall
include connecting fitting and cleanout and shall be in accordance
with the municipality's Standard Details. No lateral shall be accepted
if the line has not been tested for water tightness. No connection
shall be made without the approval of the Municipal Engineer or Sewer
Utility Superintendent and receipt of all required municipal permits
and connection fees.
7. Commercial and industrial units shall utilize a sewer lateral size
in accordance with estimated sewage flow from the particular unit
with a minimum size of four (4") inches.
8. Materials used in the construction of sewers, force mains, and outfalls
shall be as follows:
(a)
Gravity sewers shall be constructed of PVC pipe SDR-35, or cement
lined ductile iron pipe. Sewer laterals shall be constructed of PVC
pipe. Cleanouts shall be of PVC construction with brass caps.
(b)
Inverted siphons and outfalls shall be constructed of cement
lined ductile iron pipe. Force mains shall be constructed of cement
lined ductile iron pipe, or approved PVC pressure pipe.
(c)
Inverted siphons shall consist of a minimum of two (2) pipes
with provision for flushing.
(d)
Flow control gates shall be provided in the chambers.
(e)
Construction details are specified under "Detailed Information
on Sewers" below.
9. A general map of the entire project shall be furnished showing sewers,
pumping stations and appurtenances. Plans shall show sanitary sewers
and shall be of uniform size, twenty-four inches by thirty-six (24"
x 36") inches, with a one-half (1/2") inch border on top, bottom and
right side, and a two (2") inch border on the left side, the last
one for binding.
The plans shall show the following:
(a)
Details. The plans shall show contours of all existing and proposed
streets, and surface elevations of all breaks in grade and street
intersections, tributary areas with population per acre, the true
or magnetic meridian, boundary line, title, date and scale. Any area
from which sewage is to be pumped shall be indicated clearly. All
sheets shall be numbered.
(b)
Symbols. Sewers to be built now and to be constructed later
shall be shown by solid and dashed lines respectively. Existing sanitary
sewers shall be shown by special designation. All topographical symbols
and conventions shall be the same as the ones of the United States
Geological Survey.
(c)
Elevations. All permanent bench marks of New Jersey Coast and
Geodetic Survey shall be shown. Elevations of streets shall be placed
outside the street lines. The elevations of sewer inverts, shown at
manholes, ends of lines and at changes of grades, shall be written
parallel with the sewer lines and between the street lines. The elevation
of street surfaces and manhole rims shall be shown to the nearest
one-hundredth (0.01) of a foot, the sewer inverts to the nearest one-hundredth
(0.01) of a foot.
(d)
Distances, grades and sizes. The distances and stationing between
manholes, the pipe slope in decimals and sewer sizes and material
shall be shown on the plans. Arrows shall show the direction of the
flow.
(e)
Profiles. Profiles shall show all manholes, siphons, pumping
stations, and elevations of stream crossings, gradients and sizes
of sewers. Manhole rim elevations and sewer inverts shall be shown
at each manhole. They shall be drawn to standard engineering scale,
and the scales shall also be shown on each sheet.
(f)
Details of construction of manholes, etc. The standard details
of the municipality for manholes, building service connections, siphons,
etc., shall accompany the plans. Details shall be drawn to standard
scales to show clearly the nature of design.
(g)
Detailed plans for sewage pumping stations of a type acceptable
to the Municipal Engineer shall be provided.
10. Complete specifications for the construction of the proposed sewerage
system and appurtenances, including sewage pumping stations shall
accompany the plans.
11. A detailed estimate of the entire cost of construction shall be furnished.
This estimate shall include cost of rights-of-way, inspections, "as-built"
plans, etc.
12. Construction Standards.
(a)
Sewer connections shall be made to a street main only under
the inspection of the Municipal Engineer or Sewer Utility Superintendent.
Connection to the sewer shall be made through an approved wye or wye
saddle. Connections shall be watertight and shall be in accordance
with the municipality's Standard Details. Connection to an existing
manhole shall be made with a coring machine (where approved by the
Borough) where a stub or knockout bulkhead has not been provided.
(b)
PVC pipe shall meet A.S.T.M. D3034 - SDR 35, latest revision.
PVC force main shall comply with American Water Works Association,
Inc. (AWWA) C-900, latest revision and pressure class required by
the Municipal Engineer.
(c)
Cement lined ductile iron pipe shall be Class 52 and must meet
American Water Works Association, Inc. (AWWA) C104 and C151, latest
revision.
(d)
When the cover above the sewer pipe is three (3') feet or less,
a higher strength pipe, ductile iron pipe or encasement shall be required.
(e)
Joints for sewer pipes shall be as specified below:
(1)
PVC pipe. Push-on rubber gasket complying with A.S.T.M. D1869,
latest revision.
(2)
Ductile iron pipe. Push-on rubber gasket complying with American
Water Works Association, Inc. (AWWA) C111, latest revision.
(f)
"Ordinary bedding" shall be required as per the appropriate
section contained in the water distribution requirements of these
standards.
(g)
"Concrete encased pipe bedding" shall be as specified in the Water Distribution System Standards (subsection
19-28.7).
(h)
Manholes shall be provided at ends of sewer lines, at intersections
and at changes of grade or alignment. Distances shall not exceed four
hundred (400') feet for sizes eighteen (18") inches or less. Where
internal sewers enter manholes at elevations two (2') feet or more
above the invert, an internal drop line shall be provided and drop
manholes shall be built. Manholes shall be precast concrete, and comply
with A.S.T.M. C478, latest revision.
(i)
Manhole frames and covers shall be of cast iron conforming to
specifications A.S.T.M. A-48, latest revision. Manholes in roadways
shall be Campbell Foundry Company No. 1203 with nonpenetrating pickholes.
Manholes in easements shall be Campbell Foundry No. 1487. Manholes
in areas subject to flooding shall be watertight. Manhole covers shall
be casted with municipal designation, as shown on the detail sheet.
(j)
Pumping stations. The type of sewage pumping station to be utilized
shall be determined on an individual basis by the Municipal Engineer.
The following general criteria will be applicable to all sewage pumping
stations:
(1)
The wet well shall have at least a one to one (1:1) slope toward
the pump intake. Raw sewage shall be screened before pumping. At least
two (2) pumps shall be designed, each capable of handling the total
peak flow. If more than two (2) pumps are used, their capacities shall
be such that upon the failure of the largest pump the others will
handle the peak flow.
(2)
Force main velocities shall be not less than three (3') feet
per second at normal pumping rates.
(3)
All pump stations shall have watertight and lockable access
covers. The detention time of the wet well shall not exceed ten (10)
minutes at average daily flow.
(4)
Pump controls and alarm conditions shall utilize encapsulated
mercury switches or other approved system designed for use with sewage.
(5)
All pump stations shall be provided with an emergency power
source housed in a masonry building approved by the Engineer.
(6)
All force main headers shall have sewage-type gate and swing
check valves.
(7)
A cleanout/emergency bypass chamber shall be provided.
(8)
Automatic audible and visual alarms shall be installed independently
of station power and they shall give warning of illegal entry, high
water and power failure conditions. Telemetry equipment shall be provided
to transmit the alarm conditions to the receiving point designated
by the municipality. All pump stations shall be enclosed in a six
(6') foot chain link fence. Complete repair tools, accessories, and
four (4) bound sets of complete operation and maintenance manuals
shall be provided with the pump station.
(9)
Separate gates must be provided for pedestrian and truck use.
(10) Detailed estimates of operating and maintenance
costs of the proposed pumping station must be submitted.
e. Approval of Plans by State Agencies and Others. Approval of plans,
a permit to construct, and a permit to operate by the Ocean County
Utilities Authority and/or the New Jersey State Department of Environmental
Protection (NJDEP) must be obtained by the applicant before the municipality's
final approval will be given. The applicant shall obtain permits for
all stream crossings or encroachments from the New Jersey Department
of Environmental Protection (NJDEP). Permits to construct sewers and/or
other structures within the right-of-way limits of State, County and
municipal roads and all railroads must be secured and paid for by
the applicant.
f. Testing of Completed Sewerage. All sewers shall be subjected to an
infiltration and/or exfiltration test as may be determined by the
Municipal Engineer. Exfiltration tests shall be conducted in lieu
of infiltration tests when the pipe has been laid above the ground
water level. The tests shall be performed between two (2) manholes
or as otherwise directed by the Municipal Engineer and shall include
all related system components including the house connection(s).
The contractor shall furnish all labor, material and equipment
necessary for the testing.
Exfiltration tests shall be under at least a four (4') foot
head or a pressure corresponding to a head equal to the depth of the
lower manhole of the section under test, whichever is greater.
Allowable infiltration or exfiltration shall not exceed a rate
of ten (10) gallons per mile per inch of diameter of sewer per twenty-four
(24) hours for gravity sewers. Allowable exfiltration for force mains
shall not exceed:
|
|
ND __________
|
L
|
=
|
P
7400
|
|
L
|
=
|
allowable leakage (PH)
|
N
|
=
|
number of joints tested
|
P
|
=
|
average test pressure
|
D
|
=
|
nominal diameter of pipe
|
All gravity sewers, siphons and force mains with infiltration
or exfiltration in excess of the permissible limit shall be repaired,
or removed and replaced, before proceeding with construction.
|
g. Use of System.
1. During construction and before final acceptance, the municipality
shall have the right to use any portion completed without waiving
their right to order correction of any defects.
2. Use of the system for the discharge of sump pumps, or drainage from
cellar drains, leaders, downspout, drainage tile, developers' cellar
pits or pumping out septic tanks shall not be permitted.
3. Sewage delivered into the facilities shall comply with the requirements
of Ocean County Utilities Authority treating the sewage from the site
and specifically shall not:
(a)
Be of such a nature and in such quantity as to impair the hydraulic
capacity of such facilities' normal and reasonable wear and usage
expected;
(b)
Be of such a nature as to, by either chemical or mechanical
action, impair the strength or the durability of the sewer structures;
(c)
Be of such a nature as to create explosive conditions in such
facilities;
(d)
Have a flash point lower than one hundred eighty-seven (187)
degrees Fahrenheit, as determined by the Tagliabue (Tag.) close up
method;
(e)
Have a pH index value lower than 5.0 or higher than 9.0;
(f)
Include any radioactive substances, unless the municipality
and Ocean County Utilities Authority shall have given written consent
to its inclusion;
(g)
Include any garbage other than that received directly into public
sewers from residences, after proper shredding, unless the municipality
and Ocean County Utilities Authority consent to its inclusion.
h. Within thirty (30) days after construction and before final acceptance
by the municipality, the applicant is to furnish the municipality
one (1) Mylar tracing of "as-built" drawings in ink, acceptable to
the Municipal Engineer, and six (6) sets of prints of each drawing
showing the sewers, connections, etc. as constructed.
The "as-built" plans shall accurately show the completed sewer
system in sufficient detail to permit the future location and determination
of all components of the system; including sewer lines, manholes,
wyes or connections, service lines, clean outs and other pertinent
features. The size and type of the components shall be indicated and
shall be dimensioned and tied to existing physical features such as
manholes, curbs, and buildings as may be appropriate. The plan and
profile shall indicate invert in and out elevations of all pipes at
manholes and as-built slopes of all pipelines.
Preliminary "as-builts" may be required by the Municipal Engineer
prior to paving in order to insure facilities locations beneath paved
areas.
[Ord. #2003-13, S 18]
a. All subdivision and site plans shall be provided with water distribution
facilities in such a manner as to provide adequate and continuous
potable water to each buildable lot within the development or site.
The water system shall be so designed to provide a minimum of 20 p.s.i.
on the highest floors of proposed structures.
b. All water distribution systems shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with subsection
19-28.9 entitled "Easements" in this section.
c. All potable water distribution systems shall be designed in accordance
with the requirements of the American Water Works Association, Inc.
(AWWA), New Jersey State Department of Environmental Protection (NJDEP),
Division of Water Resources and applicable municipal ordinances. The
provisions of the New Jersey Residential Site Improvement Standards
(RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the
provisions of this Chapter for residential development. This Chapter
shall apply, however, to nonresidential development, except as otherwise
provided herein.
d. The following potable water system standards are required for all
developments to be served:
1. A complete engineer's report setting forth the basis of design, average
daily, peak daily and peak hourly demands shall be submitted.
2. All water distribution mains shall conform to the municipality's
Water System Master Plan, where applicable.
3. All water mains shall be designed for a minimum working pressure
of 150 p.s.i., unless higher-pressure ratings are required. Water
main size shall be a minimum of eight (8") inches in diameter and
provide a minimum flowrate of one thousand (1,000) GPM at all hydrants
unless otherwise approved. Water mains shall be designed with Hazen-Williams
coefficient "C" of 140 minimum. All water main sizes, flowrates and
hydrant locations shall be subject to change and approval by the Municipal
Fire Subcode Official. Water mains shall be looped to avoid dead ends.
Six (6") inch diameter water mains may be approved when deemed acceptable
by the Engineer.
4. Materials and details of construction shall comply with other applicable
sections of these requirements.
5. A general map of the entire project shall be furnished showing water
mains, hydrants, main valves, lateral locations, etc.
6. Plans shall show all water distribution, sanitary sewer and drainage
facilities and shall be of a uniform size, twenty-four inches by thirty-six
(24" x 36") inches, with a one-half (1/2") inch border on the top,
bottom and right side and a two (2") inch border on the left side,
the last one for binding. The placement of electric lines within water,
sanitary or storm sewer trenches is strictly prohibited.
The plans shall show the following:
(a)
Details. The plans shall show contours of all existing and proposed
streets, surface elevations of all breaks in grade and street intersections,
the true or magnetic meridian, boundary line, title, date and scale.
All sheets shall be numbered.
(b)
Symbols. Water mains to be built now and to be constructed later
shall be shown by solid and dashed lines, respectively. Existing water
mains shall be shown by special designation. All topographical symbols
and conventions shall be the same as the ones of the United States
Geological Survey.
(c)
Profiles. Profiles shall show all water mains, valves, hydrants,
stream crossings, and clearance between sanitary and storm sewers
and other underground utilities. The size and material of the water
mains and the inverts of the water mains to the nearest one-tenth
(0.1') foot using a USGS datum shall be shown. They shall be drawn
to standard engineering scale and the scale shall be shown on each
sheet. An index of streets shall also be shown on each sheet.
(d)
Details of construction. The standard details of the municipality
for hydrants, valves, valve boxes, individual water service, sanitary
sewer-water main clearances, etc. shall accompany the plans. Details
shall be drawn to standard scales to show clearly the nature of design.
7. Construction Standards.
(a)
Water connections shall be made to a street main only under
the supervision and inspection of the Municipal Engineer or Water
Utility Superintendent. Connection to the main shall be made with
a wet tap machine and American Water Works Association, Inc. (AWWA)
service saddles, tapping sleeves, valves and other appurtenances.
(b)
All underground components of the water distribution system
shall be installed with a minimum cover of four (4') feet or below
the most severe frost line, whichever is greater.
(c)
Pipe.
(1)
Cement lined ductile iron pipe and fittings shall meet the standards
of American Water Works Association, Inc. (AWWA) C150, American Water
Works Association, Inc. (AWWA) C151, American Water Works Association,
Inc. (AWWA) C110 and American Water Works Association, Inc. (AWWA)
C104 1A, test revisions. The minimum allowable pipe class shall be
Class 52.
(2)
All joints for the water main shall be of the "push-on" joint
type utilizing a neoprene rubber gasket with bronze conductivity wedges
or mechanical joint. Joints shall meet the standards of American Water
Works Association, Inc. (AWWA) C111, latest revisions.
(d)
Valves shall meet American Water Works Association, Inc. (AWWA)
Standard C509, latest revision, for resilient-seated nonrising stem
gate valves. All valves should open counter clockwise.
(e)
Valve boxes, curb boxes, and meter boxes shall be constructed
of the finest quality gray cast iron and shall meet all applicable
American Water Works Association, Inc. (AWWA) standards.
(f)
Corporation cocks and curb stops shall be constructed of the
finest quality red brass and shall meet all applicable American Water
Works Association, Inc. (AWWA) standards.
(g)
Service piping.
(1)
All service lines one (1") inch through two (2") inches shall
be soft temper type K meeting standard ASTM B88, latest revision.
Copper piping may be used to a nominal size of four (4") inches.
(2)
Cement lined ductile iron pipe shall meet American Water Works
Association, Inc. (AWWA) standards C150, C151, C110, C111 and C140,
latest revisions.
(h)
The service saddle shall meet ASTM A536 and A307, latest revisions,
when required.
(i)
The fire hydrant shall be installed in accordance with the municipality's
Standard Details and shall be model A-423 with a five and one-quarter
(5 1/4") inch barrel, as manufactured by Mueller.
(j)
Water meters on water services shall be subject to approval
by the Water Utility Superintendent and shall meet the latest standards
of American Water Works Association, Inc. (AWWA) Sections C700 through
C708 and shall be as manufactured by Neptune Meter.
(k)
"Ordinary bedding" shall be utilized for the installation of
mains, except where sub-surface conditions require special stone bedding
or concrete cradle bedding, by the Municipal Engineer. Ordinary bedding
shall be defined as that method of bedding mains in which the main
is bedded on approved granular material with "ordinary" care in an
earth foundation shaped to fit the lower part of the main exterior
with reasonable closeness for a width of at least fifty (50%) percent
of the main diameter; and, in which, the remainder of the main is
surrounded to a height of at least one-half (0.5') foot above its
top width approved granular material, shovel placed and shovel tamped
to completely fill all spaces under and adjacent to the main; all
under the general direction of the Municipal Engineer or Water Utility
Superintendent during the course of construction. In all cases, that
type and amount of granular material shall be approved by the Municipal
Engineer.
(l)
"Concrete cradle bedding" is that method of bedding mains in
which the lower part of the main exterior is bedded in two thousand
(2,000) pound concrete without reinforcement, having a minimum thickness
under the pipe of one-fourth (1/4) its nominal internal diameter and
extending upward to a height equal to one-half (1/2) of the nominal
inside diameter, and same shall be utilized where so ordered by the
Municipal Engineer.
(m)
"Concrete encased pipe bedding" is that method of bedding main
in which the entire exterior is encased in two thousand (2,000) pound
concrete or better and same shall be utilized where ordered by the
Municipal Engineer.
(n)
All water mains shall be extended along the entire frontage
of the site to the farthest property limit from the existing main.
(o)
Valves shall be provided at the intersection of each street
and shall be a minimum of one thousand (1,000') feet apart. Accordingly,
three (3) gate valves are required at T-type intersections. Valve
shall be provided between the water main and fire hydrant, upstream
of all wet taps for water main extensions, at all wyes, tees and crosses
in the mains, and at other locations recommended by the Municipal
Engineer or Water Utility Superintendent.
(p)
Thrust blocks to resist any movement in mains and fittings shall
be placed at valves, fittings, reducers, tees, crosses, bends, hydrants
and dead ends.
All thrust blocks shall be cast-in-place concrete, 2,500 p.s.i.
strength. All bearing surfaces of thrust blocks shall be against undisturbed
soil. The use of epoxy coated anchor rods and fittings or mechanical
joint retainer glands will be required.
(q)
Fire hydrants shall be located as directed by the Municipal
Engineer and/or Fire Subcode Official and shall be required at the
end of all dead-end mains and a minimum of five hundred (500') feet
apart, as measured along the curbline of the roadway. Hydrants shall
be provided at all high spots as a means of blow off. Fire hydrants
shall be equipped with six (6") inch gate valves and shall be constructed
with the municipality's Standard Details.
8. Approval of Plans by State Agencies and Others.
(a)
In the event that required approval(s) from a governmental agency
other than the municipal reviewing agency is pending, the approving
agency may, in appropriate instances and upon good cause demonstrated
by the applicant, condition its final approval upon the subsequent
approval of such governmental agency.
(b)
Conditional approval shall not be granted without evidence confirming
that required applications have been properly submitted and pursued.
(1)
Conditional approval granted by the municipal reviewing agency
shall be for an initial period not to exceed sixty-five (65) days.
In the event that the pending approval or permit has not been obtained
upon the expiration of the conditional period, the approval granted
by the reviewing agency shall be null and void.
(2)
The approving authority may upon application and for good cause
demonstrated, extend the conditional approval for additional periods,
each not exceeding sixty-five (65) days.
9. Testing of the Completed Water System. The water distribution system
shall be subject to a hydrostatic test with a pressure between 100
PSIG and 150 PSIG, as directed by the Municipal Engineer or Water
Utility Superintendent. Any joint or component of the distribution
system having a visible leak during testing shall be repaired or replaced
prior to continuing construction.
10. Disinfection of Water System. After completion of the public water
supply (including transmission and distribution mains and distribution
system tanks), all surfaces with which adequately protected water
may come into contact shall be effectively disinfected in accordance
with American Water Works Association, Inc. (AWWA) C601, latest revision,
and tested for the presence of bacteria by a New Jersey State certified
laboratory, before being placed into service.
11. Use of System.
(a)
During construction and before final acceptance, the municipality
shall have the right to use any portion completed without waiving
their right to order correction of any defects.
(b)
The water supplied through the distribution system shall be
properly chlorinated and treated to meet the potable water standards
of the New Jersey Department of Environmental Protection (NJDEP),
latest revision.
(c)
The water distribution system shall be protected from contamination
by sewage, radioactive, toxic, biological and other materials which
may pose a hazard to public health and welfare by air-gap or backflow
prevention devices meeting American Water Works Association, Inc.
(AWWA) C506, latest revision.
12. Within thirty (30) days after construction, and before final acceptance
by the municipality, the applicant is to furnish the municipality
one (1) Mylar tracing of as-built drawings in ink, acceptable to the
Municipal Engineer, and six (6) sets of prints of each drawing showing
the water mains, connections, etc., as-constructed.
The "as-built" drawings shall accurately show the completed
water system in sufficient detail to permit the future location and
determination of all components of the system, including: water mains,
valves, fittings, wet taps, corporations, services, curb stops and
boxes, hydrants, and other pertinent features. The size and type of
the components shall be indicated and be dimensioned and tied to existing
physical features such as manholes, curbs, buildings, hydrants and
other major items acceptable to the Municipal Engineer. Where "blow-up"
details are required for clarity they shall be provided.
Preliminary "as-builts" may be required by the Municipal Engineer
prior to paving in order to insure facilities locations beneath paved
areas.
13. All new residential and commercial units shall be equipped with remote
readout water meters installed in accordance with the Borough's Utility
Department.
[Ord. #2003-13, S 18; Ord. #2010-22]
a. All development plans for subdivisions, site plans and individual
residential lots shall include provisions for safely and satisfactorily
controlling stormwater runoff, drainage and stream flows in a manner
that will not adversely affect existing and proposed properties, both
upstream and downstream of the site. When developing a site in an
aquifer outcrop area or other area affecting same, the development
plan shall include provisions for on-site recharge of underground
formations. The provisions of the New Jersey Residential Site Improvement
Standards (RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control
over the provisions of this Chapter for residential development. This
Chapter shall apply, however, to nonresidential development, except
as otherwise provided herein.
b. All streets shall be provided with catch basins and pipes where the
same may be necessary for proper surface drainage. The requirements
of this subsection shall not be satisfied by the construction of dry
wells. The system shall be adequate to carry off or store the stormwater
and natural drainage water, which originates within the development
boundaries and passes through the development, as permitted under
this Chapter. No stormwater runoff of natural drainage water shall
be so diverted as to create flooding or the need for additional drainage
structures on other lands without proper and approved provisions being
made for taking care of these conditions, including off-tract improvements.
c. The applicant's engineer shall submit a drainage plan and report
along with the proposed development plans for all major subdivisions
and site plans. Other applicants may be required to submit same if
deemed necessary by the Municipal Engineer.
d. The drainage plan shall include all data necessary to properly evaluate
the existing and proposed drainage systems, including overall drainage
basins and sub-basins, if applicable, with boundaries clearly indicated,
areas shown in acres, topographic data, all existing and proposed
drainage facilities, size, type, slope and elevations of all pipelines,
culverts and drainage channels, location and type of land use within
the drainage basin, drainage area to each inlet, ditch or other collection
device and all other factors that may affect the drainage facilities.
e. The drainage report and drainage system plans shall include:
1. An analysis of runoff before and after development, considering undeveloped
areas with runoff to the site to be fully developed in accordance
with the zoning requirements of same.
2. An analysis of potential impact of the drainage facilities on adjoining
properties and upstream and downstream drainage facilities.
3. The drainage system shall be designed utilizing the Ocean County
Water Quality Management Project's "Technical Design Manual for Stormwater
Management" and shall be designed for a storm with a frequency of
one (1) in twenty-five (25) years, except major drainage channels,
detention basins and other facilities, as deemed necessary by the
Municipal Engineer, shall be designed for a storm with a frequency
of one (1) in one hundred (100) years.
4. All drainage channels and detention ponds shall be designed with
a one (1') foot freeboard.
5. Pipe sizing shall be determined by the Manning formula with "n =
0.013" for concrete pipe and "n = 0.022" for corrugated metal pipe.
The pipe size determined to be adequate for the runoff computed shall
be increased by at least one (1) standard pipe size for the type of
pipe being used in order to provide adequate allowance for the normal
accumulation of sediment and debris in the storm drainage system.
The minimum pipe size in a surface water drainage system shall not
be less than fifteen (15") inches in diameter.
6. Catch basins shall be located at all intersections and located in
streets with inlets on both sides of the street at intervals of not
more than four hundred (400') feet or such shorter distances as required
to prevent the flow of surface water from exceeding six (6.0) cubic
feet per second at the catch basin inlet. Access manholes shall be
placed at maximum five hundred (500') foot intervals throughout the
system and at pipe junctions where there are catch basins.
7. Dished gutters on municipal streets shall be permitted only at intersections
involving minor streets. Dished gutters shall not be permitted on
arterial or collector roads.
8. Storm drainpipes running longitudinally along streets shall not be
located under curbing.
9. Storm drainpipes shall be reinforced concrete pipe, except where
aluminum culvert pipe is permitted as hereinafter specified, and shall
be the size specified and laid to the exact lines and grades approved
by the Municipal Engineer. Reinforced concrete pipe shall conform
to the ASTM specifications C76-61 Class IV. In locations other than
within the right-of-way of public roads where, because of severe topographic
conditions or the desire to minimize the destruction of trees and
vegetation, corrugated aluminum pipe, pipe arch, or helical corrugated
pipe may be used upon approval of the Municipal Engineer. The material
used shall comply with the Standard Specifications for Corrugated
Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designated M-196-62
or the Standard Specification for Aluminum Alloy Helical Pipe AASHO
designation M-211-65. The minimum thickness of the aluminum pipe to
be used shall be: less than twenty-four (24") inch diameter or equivalent,
0.075 inches (14 gauge); forty-nine (49") inch but less than seventy-two
(72") inch diameter or equivalent, and larger, 0.164 inches (8 gauge).
10. Catch basins shall be designated in accordance with the standard
details of the municipality.
12. Poured concrete headwalls or precast flared end pipe sections shall
be constructed at the point of discharge of all storm drains, in accordance
with the latest New Jersey Department of Transportation (NJDOT) standard
plans and specifications. They shall include precast, cast in place
or grouted riprap energy dissipaters at the discharge point.
13. For both major and minor developments and site plans, blocks and
lots shall be graded and swaled to secure proper drainage away from
all buildings and to prevent the collection of stormwater in pools
on any lot and to avoid the concentration of stormwater from each
lot to adjacent lots.
14. Land subject to periodic or occasional flooding shall not be designed
for residential occupancy nor for any other purpose, which may endanger
life or property or aggravate the flood hazard. Such land within a
lot shall be considered for open spaces, yards, or other similar uses
in accordance with flood plain regulations.
15. Where a minor or major development is traversed by a watercourse, surface or underground drainageway or drainage system, channel, or stream, or detention/retention pond, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality and, in addition, thereto, a minimum of fifteen (15') feet beyond the bank top on at least one (1) side for access to the drainage right-of-way and, in any event, on any adopted official map or Master Plan or as required under subsection
19-28.9 entitled "Easements" in this section.
16. Easements or rights-of-way shall be required in accordance with subsection
19-28.9 entitled "Easements" in this section where storm drains are installed outside streets.
17. Vegetation. All drainage ditches, swales, channels, diversion dikes
and berms shall be stabilized with vegetation in accordance with the
requirements for soil erosion and sediment control in New Jersey with
specific regard to slope, velocity and other applicable design factors.
f. Building Drain Connections to Storm Drainage System. All proposed
dwellings and buildings with a basement shall be provided a connection
to a storm drainage system for the purposes of utilizing this connection
for possible discharge of sump pump and/or gravity basement drains.
The connections to the storm sewer shall meet the following requirements:
1. Each dwelling unit or other building with a basement shall be provided
a four (4") inch diameter (minimum) connection to be located between
curb and sidewalk and five (5') feet towards the center of the lot
from the edge of the interior side of the driveway depressed curb.
2. Lots fronting roads with existing or proposed storm sewers will be permitted to provide a connection in accordance with the municipality's Standard Basement Drainage Connection Detail. Editor's Note: Standard Basement Drainage Connection Detail, referred to herein, are
included as an attachment to this Chapter.
3. Lots fronting roads with no existing or proposed storm sewers shall
also be required to provide a connection for basement drainage by
providing a separate drainage system which shall discharge to an approved
storm sewer, drainage ditch, seepage pit or by other methods approved
by the Municipal Engineer. Seepage pits for individual dwelling will
not be permitted when a storm sewer, drainage ditch, or other stormwater
system is within two hundred (200') feet of the subject property,
unless otherwise approved by the Municipal Engineer.
4. Where it is necessary to construct a separate drainage system to
accommodate flows from gravity basement drains or sump pumps due to
absence of existing or proposed storm sewers, the municipality's standards
listed in the Basement Drainage System Design Criteria shall be utilized
and a design prepared by a licensed professional engineer shall be
submitted for approval. Plans for all minor or major subdivisions
and site plans are required to include provisions for a drainage connection
from each lot.
g. Plot Plans.
1. Applicability:
Chapter XIX of the Borough Code entitled Land Use is hereby
amended to add the following to require certain submissions and information
deemed necessary by the Borough Construction Official in support of
an application for a building permit for a single-family home, pools
and home additions that increase building coverage and that will result
in a change in grading or will alter existing drainage patterns. This
paragraph applies only to development that is otherwise exempt from
site plan or subdivision review. The information required in support
of such construction permit applications shall consist of the following:
2. Plot Plan Requirements.
(a)
Every application for construction proposing a development described
above shall be accompanied by four (4) copies of a plan drawn to scale
of not greater than one (1") inch equals ten (10') feet and not less
than one (1") inch equals thirty (30') feet showing the actual shape
and dimensions of the lot to be built upon; the exact location, size
and height of all existing and proposed structures and substructures,
existing easements; existing and intended use of each structure; existing
and proposed driveways, walks, patios, decks and such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this paragraph g., the
Construction Code and all other applicable codes and ordinances of
the Borough. All information on the plot plan, relating to the location
and size of the lot and existing structures and other features on
the lot shall be based upon a survey of the lot prepared by a professional
land surveyor licensed in the State of New Jersey. A separate copy
of the signed and sealed survey, upon which the plot plan is based,
shall also be submitted with the application.
(b)
The applicant may utilize a current survey of the lot showing
all information as defined above in lieu of a new survey of the property
as long as the survey accurately reflects existing and proposed site
conditions. The current or previously prepared survey shall have been
performed by a licensed land surveyor in the State of New Jersey that
also had been previously signed and sealed. The adequacy of the survey
is subject to the discretion and approval of Borough Code Enforcement
officials and/or Borough Engineer. An additional fee shall be applied
to the permit application fee schedule as defined herein for field
inspection and verification of the adequacy of the survey provided.
The applicant and or the applicant's professionals may also utilize
existing aerial topographic mapping of the parcel as obtained from
other sources as may be publicly available. Publicly available topographic
information must be at least one (1') foot contour intervals and supplemented
by spot elevations as deemed necessary by Borough Code Enforcement
and/or the Borough Engineer. All elevations shall be NGVD29 or NA
VD88 datum.
3. Soil Logs.
Depending upon the proposed grading and stormwater design and
subject to the discretion of the Borough Construction Code Official,
every application for a Building Permit that is subject to this paragraph
g. and that will utilize recharge or percolation to manage stormwater
shall be accompanied by a soil log and permeability or percolation
test prepared and certified by a certified well driller, soils expert
and/or professional engineer licensed in the State of New Jersey.
The boring or test pit for the soil log shall be located within the
area of proposed drainage structures and shall be to a depth of two
(2') feet below the proposed structures or groundwater elevation,
whichever is less. The plot plan shall show the location of the boring
or test pit and the Soil Log shall identify the surface elevation
of the boring or test pit, show the various soil types and characteristics,
show the elevation of each change in soil type, the existing groundwater
elevation, and an estimate of the seasonal high groundwater elevation.
Based upon the soil boring information, when basements are being constructed
the soil boring may be used to supply the necessary information for
the drainage design.
4. Plot Plan Characteristics.
The plot plan as defined herein shall have incorporated into
it:
(a)
Grading, stormwater and utility design. In addition to the information
showing the location and size of the existing lot, structure and other
features on the lot, existing and proposed topography shall be provided
in addition to the following information:
(b)
The tax map sheet, block and lot numbers, street address, date,
graphic scale, north arrow, name and address of the person who prepared
the plan.
(c)
Proposed grading on the lot for a distance of ten (10') feet
outside the lot where it is practically obtainable. Code Enforcement
and or the Borough Engineer may require proof as necessary to show
that off-site drainage information on private property was not obtainable.
(d)
Existing spot elevations at each lot corner at the corners of
existing structure(s).
(e)
Existing and proposed finished floor elevations including basement
slab elevation and garage slab elevations of all existing and proposed
structures and structure additions.
(f)
Existing top and bottom of curb elevation and street centerline
elevation at twenty-five (25') feet intervals along and for a distance
of twenty-five (25') feet beyond the lot frontage.
(g)
All elevations shall be NGVD29 or MA VD88 datum.
(h)
Existing and proposed building area and gross floor area of
proposed structures or structure additions and the existing and proposed
lot coverage.
(i)
Existing and proposed driveway locations, dimensions, and type
of driveway surface.
(j)
Existing and proposed sidewalk and curb locations and type of
curb and walk surface.
(k)
Flood zone, wetlands, and wetland buffer lines, if applicable.
(l)
Location of existing water and sewer lines and proposed service
connections thereto, including size and proposed material if applicable.
(m)
Location of existing electric, telephone and cable television
lines, and proposed underground service connections thereto.
(n)
A description of the proposed structure (i.e. ranch, two story,
colonial, etc.) and whether it is on slab, crawl space or basement.
(o)
Limits of lot clearing, if applicable, show existing trees four
(4") inches and larger including caliper and species and identify
trees to be removed or remain.
(p)
Limits of disturbance and soil erosion and sediment control
provisions proposed to mitigate soil erosion of disturbed areas. The
plan should show the topsoil storage area, silt fence locations, construction
vehicle entrance stabilization, and provisions for maintaining and
protecting access to the public sidewalk. Where the majority of the
lot will be disturbed, separate soil erosion plan may be required.
(q)
All impervious surface calculations.
(r)
Stormwater design showing location, depth and construction methods
of any stormwater management structures. Details of structures shall
be supplied.
5. Drainage Design Criteria.
The following design considerations shall be incorporated into
plot plans:
(a)
All new construction shall incorporate into its design a mechanism
to accommodate stormwater runoff that will not become a nuisance to
adjacent property, neighbors, municipal property/drainage facilities
or the community at large. The design should preserve existing drainage
patterns and limit runoff to peak flow and volume to that of the existing
condition. The design shall consider off-site runoff that currently
flows onto the subject property and shall not increase runoff in volume
and rate that naturally flows from the subject property onto adjacent
property.
(b)
The lot shall be graded so that the majority of the surface
runoff is retained on the property. In general, lots shall be graded
as follows:
(1)
Where feasible, the minimum slope of an unpaved yard shall be
one (1%) percent except for well-defined swales, which shall have
a minimum slope of 0.5 percent.
(2)
The maximum slope of an unpaved yard surface shall be ten (10%)
percent within five (5') feet of a structure.
(c)
Impervious coverage shall mean any man-made material, including
but not limited to, bituminous concrete, Portland cement, concrete,
asphaltic roofing, metal roofing and sheet plastic; or, natural materials,
including but not limited to, clay skate and wood which, due to its
placement prevents the natural absorption and percolation of precipitation
into the grounds and soils of the Borough of Point Pleasant. Brick
pavers constructed on suitable porous bedding as determined by the
Borough Construction Department or Engineer shall be considered fifty
(50%) percent impervious with the exception of driveways, which shall
be considered one hundred (100%) percent impervious. This standard
shall apply to all paver systems as well as other engineered materials
other than those exclusively designed to be pervious as determined
by the Borough Construction Department or Engineer.
(d)
Swimming pools shall not be construed as pervious surface for
the purpose of the design requirements under this paragraph since
they primarily serve as a stormwater sink. However, swimming pool
discharges must be designed in accordance with the standards of this
Chapter and Chapter XVI of the Borough of Point Pleasant Ordinances.
(e)
The maximum slope of a paved yard surface shall be five (5%)
percent except for a driveway, which shall have a maximum slope of
six (6%) percent.
(f)
Sump pump drains shall be permitted to spill at or through the curb of any street in the Borough in accordance with the standards established in subsection
19-28.8 Storm Drainage Facilities.
(g)
All newly constructed homes or home additions that will result
in an increase in building footprint (if that increase is greater
than five (5%) percent of the lot area or if the increased footprint
is located within seven and one-half (7.5') feet of the side yard
property lines, shall incorporate into their design recharge of new
roof area storm where the subsurface conditions support such a design
as determined by the Borough Engineer. Recharge or infiltration systems
may be also required to comply with the standards of this paragraph
or where the nature and extent of the proposed runoff from the subject
site may have a deleterious effect to adjacent property or the municipal
stormwater system. The recharge system to include dry wells, seepage
pits, recharge trenches, etc. shall meet the following criteria:
(1)
Roof recharge shall provide a minimum of seventy-five (75) cubic
feet of storage volume exclusive of the perimeter stone. A minimum
of one (1) cubic foot of storage volume exclusive of the perimeter
stone shall be provided for each twelve (12) square feet of additional
roof area tributary to the dry wells.
(h)
Recharge or infiltration systems may be also required to comply
with the standards of this paragraph or where the nature and extent
of the proposed runoff from the subject site may have a deleterious
effect to adjacent property or the municipal stormwater system. The
recharge system to include dry wells, seepage pits, recharge trenches,
etc., shall also meet the following criteria:
(1)
The recharge system shall be a minimum of one (1') foot above
the seasonal high groundwater table and have a minimum of six (6")
inches of cover. They shall be located a minimum of ten (10') feet
from any structure or property line and shall not be located under
an impervious surface.
(2)
The recharge system shall be placed on and be surrounded on
the sides by a six (6") inch layer of stone wrapped with a geotextile
material to prevent migration of the backfill material into the stone.
(3)
Overflows to the yard surface shall be provided at each leader
pipe in case of back up of the recharge system.
(i)
Basement floor slabs shall be a minimum of two (2) feet above
the seasonal high groundwater elevation.
(j)
Required "As-Builts." No construction above a foundation shall
commence until "as-built" drawings of the foundation, including location
and elevation, are submitted to and approved by the Construction Official.
(k)
These standards shall be applied to the maximum extent possible
and subject to the discretion of Borough Code Enforcement and/or the
Borough Engineer.
6. Final As-Built Plan.
(a)
All construction shall be inspected and if found acceptable
to the Borough Construction Officials and/or the Borough Engineer
temporary certificate of occupancy shall be issued for a period of
three (3) months (waiting period). After a three-month period, the
applicant shall apply to the Borough for final approval or a final
certificate of occupancy. An as-built plan may be requested by the
Borough Construction Department and/or the Borough Engineer for any
construction where after the three-month waiting period it becomes
apparent that proposed construction may not be accurately reflected
by the plot plan.
(b)
Final approval or a certificate of occupancy may be approved
at the discretion of the Borough Construction Department or Borough
Engineer based upon a final inspection where the conditions and/or
nature and extent of the proposed improvements do not warrant the
added expense of an as-built plan.
(c)
An as-built submission shall consist of four (4) copies, signed
and sealed by a professional surveyor, licensed in the State of New
Jersey. The as-built plan, together with a copy of the original site
grading and drainage plan shall be reviewed by the Borough Engineer
and who shall issue a written report to the Zoning Officer and Construction
Official as to the compliance of the construction to the approved
grading and drainage plan and make a recommendation as to the issuance
of a certificate of occupancy (CO). The as-built plan shall include
as a minimum the same information that was provided under the plot
plan requirements established herein.
(d)
The applicant has the right to submit an as-built plan at any
time in order to receive a final certificate of occupancy in lieu
of complying with the three-month waiting period.
7. Permit Fees.
The applicant shall pay to the Borough the sum of one hundred
($100.00) dollars for the permit. Additionally, review and inspection
fees shall be paid to the Borough in accordance with the following
schedule: The standard Construction Code application form shall be
used for the application. The applicant shall mark on the form that
the permit is for "plot plan" approval. The applicant shall place
in escrow with the Borough a sum of five hundred ($500.00) dollars
to be used for engineering review and inspection fees. All monies
not used during the review process shall be returned to the applicant.
8. Fee Schedule.
(a)
Survey inspection fee: $100.00
(b)
Initial plot plan review fee: $200.00
(c)
Review of revised plot plan: $100.00
(d)
As-built review (submit with final as-built plan): $250.00 (includes
one inspection of the property)
(e)
Review of revised as-built plan: $100.00
(f)
Reinspection of site/ report preparation: $150.00
9. Penalties.
(a)
Failure to comply with any or all of the provisions as defined
herein shall be subject to a fine of not more than two hundred fifty
($250.00) dollars per day for each day the property remains in violation
of this section. In the event that the Borough is compelled to enforce
the provisions of this paragraph g. through the legal system, the
applicant is subject to reimburse the Borough for all legal fees and
expenses.
[Ord. #2003-13, S 18]
Easements along rear property lines or elsewhere for utility
installation shall be required. Such easements shall be at least twenty
(20') feet wide for one (1) utility and five (5) additional feet for
each additional utility and be located in consultation with the companies
or municipal departments concerned and, to the fullest extent possible,
be centered on or adjacent to rear or side lot lines.
Flood plains and conservation easements shall be indicated on
the preliminary and final plats and shown in such a manner that their
boundaries can be accurately determined.
The removal of trees and ground cover shall be prohibited in
a conservation easement or flood plain except for the following purposes:
the removal of dead and diseased trees; limited thinning of trees
and growth to encourage the most desirable growth; and the removal
of trees to allow for structures designed to impound water or in areas
to be flooded in the creation of ponds or lakes.
The boundary line of any easement shall be monumented along
one (1) side at its intersection with all existing or proposed street
lines. Such easement dedication shall be expressed on the plat as
follows: "Utility easement granted to the (municipality), as provided
for in the ordinances of the (municipality), and a deed of easement
shall be provided for all easements to the municipality."
Easements to provide vehicular access from an existing improved
municipal street to a lot accessed by a private road or easement are
discouraged. In specific cases that a private access easement is necessary,
the proposed access easement shall provide satisfactory roadway surface,
as well as adequate horizontal and vertical clearance for access by
emergency vehicles and residential use, subject to the approval of
the Borough Engineer.
[Ord. #2003-13, S 18]
All subdivisions, development plans and site plans shall be
provided with lighting facilities in a manner to provide safe levels
of lighting for the use intended while minimizing the impact of excessive
or improperly directed lighting on adjoining properties.
a. Lighting Along Public Roadways. It is recognized that the public
electric utility provides lighting along public rights-of-way and
the utility company does not provide electric plans to the developer
until after preliminary approval of the project is obtained.
Lighting plans for public roadways shall be submitted to the
Borough Engineer for approval prior to construction. If deemed acceptable,
the Borough Engineer shall recommend approval to the Planning Board
wherein the Planning Board shall take action to approve or disapprove
the lighting plan.
b. Lighting of Off-Street Parking Areas and Drives. Lighting plans for
off-street parking areas and drives shall be submitted to the appropriate
Board for review and approval along with the site plan application.
c. Design Criteria (Private Roadways and Parking Lots).
1. All project lighting shall be designed in accordance with the minimum
standards of safety and suggested lighting levels as specified herein
and the standards of the Illuminating Engineering Society (IES).
2. Multiphase projects shall be designed in phases and all fixtures,
light sources, standards and lighting levels shall be consistent throughout
unless otherwise ordered by the Board of proper jurisdiction.
3. Requested that the Borough Engineer shall review changes in fixture
type, pole locations, lamp wattage, etc. and a recommendation submitted
to the Board of proper jurisdiction.
4. Lighting Levels.
(a)
Residential parking lots - 0.25 foot-candles minimum maintained
with established depreciation factor calculated into lighting level
at a maximum to minimum illumination ratio not to exceed fifteen to
one (15:1).
(b)
Commercial parking lots - 0.50 foot-candles minimum maintained
with established depreciation factor calculated into lighting level
at a maximum to minimum illumination ratio not to exceed fifteen to
one (15:1).
(c)
Roadway lighting (classified as residential collector) - 0.50
foot-candles minimum maintained with established depreciation factor
calculated into lighting level at a maximum to minimum illumination
ratio not to exceed four to one (4:1).
(d)
Other types - shall be designed in accordance with recommended
Illumination Engineering Society (IES) standards.
d. Lighting Fixtures.
1. All lighting fixtures are to be of an approved type and supplied
by a reputable manufacturer.
2. All lighting fixtures shall utilize maximum seventy-five (75) degree
cutoff luminaries type reflector so as to minimize glare.
3. All fixtures being utilized shall be submitted with complete fixture
photometric, as supplied by the manufacturer. Any fixture, which is
submitted without photometric, is not acceptable.
4. Where determined to be required by the Board, house side shields
(internal or external) shall be provided to minimize fixture glare
and light pollution onto adjacent properties.
5. All fixtures shall be aesthetically compatible with the lighting
standards (poles), contiguous fixtures, and the adjacent environment.
6. All lamps shall be of an inside-coated type phosphor coating or inside
frost. No clear lamps shall be permitted.
7. All fixtures shall contain a shielding medium within the fixture
to protect lamps, such as clear tempered glass door or borosilicate
prismatic refractor.
8. Where incandescent lamps are exposed to the weather, they shall be
of a proper type (example: "par" lamps).
e. Lighting Standards.
1. All poles shall be of an approved type, able to withstand wind loads
typical of the region and supplied by a reputable manufacturer.
2. The maximum allowable pole height shall be twenty (20') feet, measured
from the highest point of the pole and fixture to finished grade.
3. All poles shall be aesthetically compatible with the lighting fixtures
and surrounding environment.
4. Pole bases shall be designed in accordance with manufacturer's recommendations
and approved by a licensed professional engineer as to structural
stability.
5. "Corten" (rust inhibiting) type steel poles shall not be permitted.
f. Submissions. All site lighting plans shall be submitted with the
complete application with the required amount of prints as stipulated
for the submission in accordance with this Chapter.
The lighting plan shall include the following information:
1. Fixture manufacturer literature, showing fixture type and color.
2. Fixture photometrics as furnished by the manufacturer.
3. Lighting standard (poles) literature showing pole type and height.
4. Site lighting plans showing fixture locations and photometric data
(isolux diagrams) indicating foot-candle intensities along fixture
output distribution drawn to plan scale.
5. Design criteria containing lighting source utilized and foot-candle
level.
6. Type of Light Source.
(c)
Metal Halide (High Intensity Discharge Sources).
(d)
High Pressure Sodium (High Intensity Discharge Sources).
(e)
Low Pressure Sodium (High Intensity Discharge Sources).
7. Wattages of lamps shall be indicated on the drawings.
8. All other data deemed necessary to make an informed decision on the
application.
[Ord. #2003-13, S 18; Ord. #17-2012]
All development on Bridge Avenue, from the Lovelandtown Bridge
to Route 88, shall comply with the minimum streetscape design standards
set forth herein. The design standards are intended to implement the
guidelines established by the "Bridge Avenue Streetscape Study" dated
October 29, 1985 and prepared by Melillo and Bauer Associates and
current industry standards. In the case of unique site-specific circumstances,
which would preclude implementation of the streetscape design standards,
the applicant may provide an alternate scheme relative to the specific
aspects of a particular site or development proposal with the approval
of the Board of jurisdiction.
a. For all properties with a five (5') foot wide planting area:
1. All street trees to be planted new or to be replaced must be installed
in the five (5') foot wide planting strip behind the sidewalk.
2. Street tree species are to be selected from the list below.
b. For all properties with only a three (3') foot wide planting area:
1. All street trees to be planted new or to be replaced must install
a root barrier material along the curb and sidewalk infrastructure.
Root barrier must be installed a minimum depth of eighteen (18") inches
and run along the entire planting pit.
2. A structural soil, a medium consisting of gravels, clay loam and
hydrogel are to be used for planting pits. See details below:
3. All planting pits should be rectangular with a minimum length of
five (5') feet or more and three (3') feet wide.
4. Street tree species are to be selected from the list below.
c. Suggested Street Tree Species:
1. The following categories list selections of street trees that are
appropriate for planting areas along Bridge Avenue. Other varieties
may be appropriate and should be approved by the Borough prior to
installation.
(a)
Under Overhead Wires:
Japanese Tree Lilac
|
Syringa reticulata "Ivorysilk"
|
Hedge Maple
|
Acer campestre
|
Amur Maple
|
Acer ginnala
|
Cumulus Shadblow
|
Amelanchier laevis "Cumulus"
|
Maackia
|
Maackia amurensis
|
(b)
Three (3') Foot Wide Curb Strip (no wires):
Any from paragraph (a) above including:
Pyramidal European
Hornbeam
|
Carpinus betulus "Fastigiata"
|
Trident Maple
|
Acer buergerianum
|
Tartarian Maple
|
Acer tartaricum
|
Lacebark Elm
|
Ulmus parvifolia
|
Turkish Filbert
|
Corylus colurna
|
(c)
Five (5) foot Wide Landscape Strip:
Any from paragraphs a. and b. above and including:
Green Pillar Pin Oak
|
Quercus palustris "Green Pillar"
|
Magyar Ginkgo
|
Ginkgo biloba "Magyar"
|
Hackberry
|
Celtis occidentalis
|
Princeton Sentry Elm
|
Ulmus americana "Princeton Sentry"
|
Zelkova
|
Zelkova serrata
|
d. All street trees shall be of specimen quality (straight trunks with
full crowns) and shall be headed to seven (7') feet height.
e. Placement of shrubs in the five (5') foot wide planting area shall
be in accordance with the following:
1. The location and placement of shrubs shall conform to Standard Details
for Bridge Avenue (Typical Plan and Section).
2. Shrubs are to be selected for their appropriateness to screen/buffer
the parking areas from pedestrian and vehicular routes.
3. Selection of shrubs should take into consideration tolerance to pollution
and dry, sunny conditions at the intersections. Shrub selection is
to be approved by the Borough Engineer.
4. The planting mass of the shrubs shall be mulched to a depth of three
(3") inches in a continuous bed.
5. Shrubs are to be planted at a minimum of twenty-four (24") inches
to thirty-six (36") inches in a continuous bed.
[Ord. #2003-13, S 18]
Standard Details are incorporated herein.
[Ord. #2015-11 §§ 1-13; Ord. #2015-17 §§ 1-13]
a Permitted as Conditional Use. Outside dining is hereby permitted
as a conditional use in the zones set forth herein below.
a. Application. Any outside dining will be permitted only after submitting
an appropriate application package to the Borough Clerk. The application
will include but not be limited to the name of the applicant; name
of the property owner; street address and lot and block description
of the subject property; a footprint of the restaurant/tavern (inside)
as well as the area for which outside dining is being requested. The
application must be drawn to scale with new and existing fixtures
and/or construction detailed.
b. Renewal. Application will be renewed annually on a calendar year
basis.
c. Application Fee. The application fee beginning January 1, 2016 will
be $50.00 per annum. No application fee will be required for applications
submitted in 2015.
d. Appearance before Exempt Site Plan Committee. After the application
is received by the Borough Clerk and found to be completed, the applicant
will appear before the Exempt Site Plan Committee of the Planning
Board in order to provide evidence as to their intent. However, before
appearing before the Exempt Site Plan Committee, the application will
be referred to the Chief of Police for review and comment.
e. Parking Plan; When Required. If the outside dining area results in
a loss of on-site parking spaces, a parking plan with a study of nearby
available public and/or street parking must be submitted with the
application in order to insure that sufficient parking spaces will
be available to service the outside dining.
f. New Parking Spaces Not Required. Outside dining will not require
new on-site parking spaces for the added seating on the site.
g. Certificate of Insurance. Before undertaking outside dining services,
the Borough must receive an appropriate Certificate of Insurance thereby
holding harmless the Borough, as the loss insured, for any damages
sustained. The minimum insurance must be $500,000.00 per occurrence.
h. Compliance with State Laws. The business must adhere to all State
laws including laws and regulations promulgated by the New Jersey
Legislature and the Alcoholic Beverage Control Commission (ABC).
i. Application to and Approval of Board of Health. The applicant must
make an application to the Board of Health and obtain approval as
part of the application process.
j. Compliance with All Local Laws Required. The applicant must adhere
to all local noise, zoning and construction laws.
k. Maximum Seating in Outdoor Area. A maximum of twenty-five (25) new
seats can be added to the business in the outdoor area.
l. Where Permitted. As a conditional use, outside dining will be permitted
in the Neighborhood Commercial Zone, General Commercial Zone, Commercial
and Multi Family Mixed Zone; Town Center Zone, and Waterfront Commercial
Zone.
[Ord. No. 2017-20]
a. Sidewalk and Curbing Requirements. Notwithstanding any provision to the contrary in Chapter XIX of the Borough Code, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major plan approval granted by the Point Pleasant Borough Planning Board or the Point Pleasant Borough Zoning Board of Adjustment. The proposed curbing and/or sidewalk shall be designed and constructed in accordance with the requirements of subsection
19-28.3 of the Borough Code.
b. Payment in Lieu of Sidewalk and Curbing.
1. Any developer seeking minor subdivision, major subdivision, minor
site plan and/or major site plan approval may request a waiver of
the requirement of install curbing and sidewalks along the street
frontages of the subject property by agreeing to pay a sum to the
Point Pleasant Borough Pedestrian Safety Fund equal to the cost of
said curbing and sidewalk. Said cost shall be determined by the Borough
Engineer based on documented construction costs for public improvements
prevailing in the general area of the municipality.
2. In determining whether to grant the requested waiver and accept a
payment in lieu of the installation of sidewalk and curbing, the Planning
Board or Board of Adjustment shall consider the following factors:
(a)
The presence or absence of curbing and sidewalks in the general
vicinity of the subject property.
(b)
The practical difficulty as established by the applicant for
installing such improvements in or adjacent to the subject property
due to exceptional topographic conditions, drainage concerns, and/or
the deleterious impact to surrounding properties as a result of the
installation of such improvements.
(c)
The recommendation of the Board or Borough Engineer.
c. Point Pleasant Borough Pedestrian Safety Fund.
1. There is hereby established the Point Pleasant Borough Pedestrian
Safety Fund (hereinafter "fund").
2. Said fund shall be dedicated to pay for the cost of designing and
constructing various pedestrian safety projects within the Borough
of Point Pleasant.
3. All monies paid by developers in accordance with this section shall
be deposited into the fund.
4. The Chief Financial Officer of the Borough is hereby directed to
establish and maintain the fund and to make disbursements upon the
request of the Borough Engineer for designated pedestrian safety improvements.
[Ord. #601, 109-126]
Preliminary site plan shall be drawn, show or be accompanied
by the following:
a. A minimum scale of one hundred (100') feet to the inch except where
otherwise authorized by the Borough Engineer. All distances shall
be in feet and decimals of a foot, and all bearings shall be given
to the nearest ten (10) seconds.
b. The names of all owners of record and all adjacent property and any
property directly across any street, the block and parcel number of
the property, a key map showing general location of the site to adjacent
properties.
c. Existing zoning and special district boundaries; boundaries of the
property, building or setback lines, and lines of existing streets,
lots, reservations, easements and general location areas dedicated
to public use.
d. A copy of any covenants or deed restrictions that exist or are intended
to cover all or any part of the tract.
e. Location of existing buildings and all other physical structures
such as walls, fences, culverts, bridges, roadways, with spot elevations
of such features. The outline of such structures shall be indicated
by dashed line.
f. Location of all storm drainage structures and utility lines whether
publicly or privately owned and if any existing utility lines are
underground, the estimated location of said utility lines shall be
shown.
g. Existing contours and where any changes in contours are proposed,
grades should be shown as solid lines. Control elevations shall be
shown.
h. Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant features, including
previous flood elevations of watercourses, ponds and marsh areas.
i. Title, date, north point, scale, name and address of record owner,
and name, address and New Jersey Professional License Number and Seal
of engineer, architect or land surveyor preparing the site development
plan, to appear in a box at the lower right-hand corner of the site
plan which shall contain date of revisions.
j. If the site plan is submitted by an architect, then a survey prepared
by a surveyor licensed in the State of New Jersey shall accompany
the site plan and shall show the boundaries of the parcel and the
limits of all proposed streets, easements and any other property to
be dedicated to public use. The site plan may be accompanied by such
other exhibits of an architectural or planning nature submitted by
the applicant or as may be required by the approving authority pursuant
to the zoning regulatory powers of the Borough.
k. The proposed use or uses of land and buildings and proposed location
of buildings.
l. All proposed means of vehicular access and egress to and from the
site onto public streets showing the location of driveway and curb
cuts.
m. The location and design of any off-street parking areas or loading
areas, showing typical size and location of bays, aisles and barriers.
n. The general location of all proposed water lines, valves and hydrants
and of all sewer lines and proposed connection to existing water and
sewer facilities.
o. Proposed general stormwater drainage system and connection to existing
systems or outlet facility.
p. Such other information or data as may be required by the approving
authority in order to determine that the details of the site plan
are in accordance with the standards of this Chapter and all other
ordinances.
[Ord. #601, S 109-127]
The final site plans shall be drawn, shown or be accompanied
by the following:
a. All items set forth in subsection
19-29.1.
b. The precise location of all proposed water lines, valves and hydrants
and of all sewer lines or alternative means of water supply or sewage
disposal and treatment in conformance with the applicable standards
of the Borough. Such plans shall be accompanied by profiles and standard
improvement specification drawings signed and sealed by licensed engineer
in New Jersey.
c. The proposed location, direction of illumination, type and shielding
of proposed outdoor lighting.
d. All proposed landscaping.
e. All proposed screening where required in conformance with the applicable
standards of this Chapter or other applicable ordinances.
f. Proposed stormwater drainage system in conformance with the applicable
standards of this Chapter. Such plans shall be accompanied by profiles
and std improvement specification drawings, signed and sealed by a
licensed engineer in New Jersey.
g. Such other information or data as may be required by the approving
authority in order to determine that the details of the site plan
are in accordance with the standards of this Chapter and all other
ordinances.
[Ord. #601, S 109-127]
a. Curbing and sidewalks shall be installed along all existing and proposed
streets within the site plan and all enclosed parking areas as may
be required by the approving authority.
b. The minimum standards in regard to height of curbing, base material,
surface material, slop and the installation of catch basins shall
be in accordance with standard specifications furnished by Borough
Engineer.
[Ord. #601, 109-129]
Sanitary sewers shall be installed in accordance with specifications
approved by the Borough Engineer or agency having jurisdiction of
such improvement.
[Ord. #601, 109-130]
The developer shall request the serving utility to install its
distribution supply lines, services and street lighting supply facilities
underground in accordance with its specifications and with the provisions
of the applicable Standard Terms and Conditions incorporated as a
part of its Tariff as the same are then on file with the State of
New Jersey Board of Public Utility Commissioners, and shall submit
to the approving authority a written instrument from each serving
utility which shall evidence its disposition of the request. If approved
by the utility, the developer shall, if so directed by the approving
authority, arrange with the utility for such underground installation;
provided, however, that lots which in such site plans abut existing
streets where overhead electric or telephone distribution supply lines
have heretofore been installed on any portion of the street involved,
may be supplied with electric and telephone service from those overhead
lines or extensions thereof, but the service connections from the
utilities overhead lines may be installed underground.
[Ord. #601, 109-131]
No change shall be made in the elevation or contour of any lot
or site by removal of earth to another site except when approved by
the approving authority Engineer unless the change of elevation is
one (1') foot or less over an area of five hundred (500) square feet
or less. All changes in elevation and contours approved by the approving
authority Engineer shall be shown on the preliminary plan and profiles.
[Ord. #601, 109-132]
Where required by the approving authority, two (2) new shade
trees shall be installed on each lot not to interfere with utilities,
roadways or walkways and sidewalks. Trees shall be two (2") inches
or more in diameter, eight (8') feet or more in height and of the
following types, but not limited to: Evergreen or Silver Linden, London
or Oriental Plane, Norway, Schwedler's or Sugar Maple, Chestnut, Red,
Pin, Black or Scarlet Oak.
[Ord. #601, S 109-133; Ord. #696, S 1]
All improvements (except electric and gas) shall be installed
under the supervision and inspection of the Borough Engineer, the
cost thereof to be borne by the developer as set forth in subsection
19-32.11g as estimated in advance by the Borough Engineer and approved
by the approving authority, and such amount, in the form of cash or
certified check, shall be deposited with the Borough Clerk before
commencement of any construction. In cases when the estimate of inspection
fees exceeds ten thousand ($10,000.00) dollars, the developer may
deposit inspection fees to a level of ten thousand ($10,000.00) dollars.
Additional fees would be deposited to the ten thousand ($10,000.00)
dollar level or to the level required to equal total estimate, whichever
is less, when the deposit is reduced to twenty-five hundred ($2,500.00)
dollars. The cost for inspection shall be charged by the Engineer.
If said deposit shall be insufficient any additional reasonable inspection
cost as approved by the authority shall be paid by the developer before
the improvement is accepted. Any balance from the deposit, after inspection
costs have been deducted therefrom, shall be refunded to the developer.
[Ord. #601, S 109-134]
a. All construction stakes and grades thereon shall be set by a New
Jersey licensed surveyor in the employ of the developer or his contractor,
and a duplicate copy of the notes made therefrom shall be filed with
the Borough Engineer.
b. No construction work shall commence without the Borough Engineer
being properly notified. Such notice shall be given at least forty-eight
(48) hours before the commencement work.
[Ord. #601, S 109-135]
a. In a large scale development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be in a width as needed in the discretion of the approving authority
located in consultation with their companies or municipal departments
concerned.
b. Where a subdivision or site is traversed by a watercourse, drainage
way, channel or street, there shall be provided a stormwater easement
or drainage right-of-way conforming substantially with the lines of
such watercourse and such further width or construction, or both,
as will be adequate for the purpose.
c. Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision or site
containing such features.
[Ord. #601, S 109-136; Ord. #627, S 1]
a. If, before favorable referral and final approval has been obtained,
any person transfers or sells or agrees to sell, as owner or agent,
any land which forms a part of a subdivision on which, by ordinance,
the approving authority and the Borough Council is required to act,
such person shall be subject to a fine not to exceed one thousand
($1,000.00) dollars or to be imprisoned for not more than ninety (90)
days or both such fine and the imprisonment, and each parcel, plot
or lot so disposed of shall be deemed a separate violation.
b. In addition to the foregoing, if the streets in the subdivision are
not such that a structure on said land in the subdivision would meet
requirements for a building permit under Section 3 of the Official
Map and Building Permit Act, (1953), the municipality may institute
and maintain a civil action:
2. To set aside the invalidate any conveyance made pursuant to such
contract for sale if a certificate of compliance has not been issued
in accordance with Section 24 of Chapter 433 of the Laws of 1953,
but only if the municipality has an approving authority or a Committee
thereof with power to act and which:
(a)
Meets regularly on a monthly or more frequent basis, and
(b)
Whose governing body has adopted standards and procedures in
accordance with Section 20 of Chapter 433 of the Laws of 1953.
c. In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that demands, in the possession of the subdivider or his
assigns or successors, to secure the return of any deposit made or
purchase price paid, and also a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought
within two (2) years after the date of the recording of the instrument
of transfer, sale or conveyance of said land, or within six (6) years
if unrecorded.
d. In addition to the foregoing, any person or persons violating or
permitting the violation of any of the provisions of this Chapter
shall, upon conviction, be liable for the payment of a fine in an
amount not exceeding one thousand ($1,000.00) dollars, or imprisonment
for a period not exceeding ninety (90) days or both. Each and every
day any violation as aforesaid continues shall be considered a separate
and distinct offense punishable by a like fine or penalty.
[Ord. #601, S 109-137]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough of Point Pleasant. Any
action taken by the approving authority and the Borough Council under
the terms of this Chapter shall give primary consideration to the
above-mentioned matters and to the welfare of the entire community.
However, if the developer or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one (1) or more of these regulations is impractical
or will exact undue hardship, the approving authority may permit such
variance or variances as may be reasonable and within the general
purpose and intent of the rules, regulations and standards established
by this Chapter.
[Ord. #601, S 109-137; Ord. #627, S 1]
a. Validity and Severability. If any Section, subsection, paragraph,
clause, phrase or provision of this Chapter shall be adjudged invalid
or held unconstitutional, such decision shall not affect the remaining
portions of this Chapter.
b. Repealer. All ordinances or parts of ordinances which are inconsistent
with the provisions of this Chapter are hereby repealed to the extent
of such inconsistency.
c. When Effective. This Chapter shall take effect immediately upon its
final passage and publication as required by law.
[Ord. #770, S 3]
Editor's Note: Section
19-31 was added to the Code by Ordinance No. 770 adopted March 18, 1986. Sections 1 and 2 of the ordinance exclude all multi-family dwellings, uses and structures from all zones and portions of the Borough.
Notwithstanding the deletions of all multi-family dwellings,
structures or uses from the Zoning Ordinance of the Borough of Point
Pleasant, all existing multi-family buildings, structures or dwellings
shall be exempted from provisions of this Section. Said structures
shall be subject to the present existing provisions of the ordinance
regarding density, bulk requirements, to the extent that they conform
to the Land Use Ordinance provisions in effect prior to the effective
date of this Section they shall be considered conforming. To the extent
that said existing structures and uses are nonconforming, they shall
remain so.
a. No physical expansion of use or total number of units shall be permitted
in existing multi-family dwellings, except as formally approved by
the Borough of Point Pleasant prior to the effective date of this
Section.
b. Nothing in this Section shall preclude or prohibit any multi-family
structure or site improvements from being maintained or upgraded,
provided such work does not expand or increase the structure or use.
[Ord. #2002-11]
a. Required Setback; Maximum Height. All membrane structures must meet
the required setbacks associated with accessory structures as specified
for the applicable Zone indicated in the Schedule of District Regulations,
as set forth in the Borough Code. Furthermore, no membrane structure shall be erected within
fifteen (15') feet of the water's edge. The maximum height of any
membrane structure shall not be constructed under or within ten (10')
feet of any overhead wiring.
b. Advertisements. No advertising shall be permitted on any membrane
structure.
c. Removal by Specified Date; Penalty. Upon applicant filing a permit
application with the Zoning and Code Enforcement Officer and subject
to the location requirements above, if approved, an applicant may
erect a membrane structure for a period not to exceed three (3) months
during a twelve (12) month consecutive period unless extended by the
Board of Adjustment or the Planning Board. The application will have
a certification indicating that the applicant will remove said membrane
structure by a specific date or be subject to a fine not to exceed
five hundred ($500.00) dollars per offense.
[Ord. #2002-23, S 1]
The purpose of this section is to establish general guidelines
for the siting of wireless communications towers and antennas. The
goals of this section are to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage
the location of towers in nonresidential areas; (3) minimize the total
number of towers throughout the community; (4) strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; (5) encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively, and efficiently; (8) consider the public health
and safety of communication towers; and (9) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Borough of Point Pleasant Borough shall give due consideration
to the Borough's Master Plan, Zoning Map, existing land uses, and
environmentally sensitive areas in approving sites for the location
of towers and antennas.
[Ord. #2002-23, S 2]
As used in this section, the following terms shall have the
meanings set forth below:
Editors Note: This section was added by Ordinance No. 2002-23,
adopted October 15, 2002.
ALTERNATIVE TOWER STRUCTURE
shall mean man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications,
that radiates or captures electromagnetic waves, digital signals,
analog signals, radio frequencies (excluding radar signals), wireless
telecommunications signals or other communication signals.
BACKHAUL NETWORK
shall mean the lines that connect a provider's towers/cell
sites to one (1) or more cellular telephone switching offices, and/or
long distance providers, or the public switched telephone network.
FAA
shall mean the Federal Aviation Administration.
FCC
shall mean the Federal Communications Commission.
HEIGHT
shall mean when referring to a tower or other structure,
the distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base
pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
shall mean any tower or antenna for which a building permit
or special use permit has been properly issued prior to the effective
date of this section, including permitted towers or antennas that
have not yet been constructed so long as such approval is current
and not expired.
TOWER
shall mean any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas for
telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
[Ord. #2002-23, S 2]
a. New Towers and Antennas. All new towers or antennas in the Borough
of Point Pleasant Borough shall be subject to these regulations, except
as provided in paragraphs b through d, inclusive.
b. Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under seventy (70') feet in height and is owned and operated by
a Federally-licensed amateur radio station operator or is used exclusively
for receive only antennas.
c. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections
19-33.4f. and g.
d. AM Array. For purposes of implementing this section, an AM array,
consisting of one (1) or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one (1) tower. Measurements for setbacks and separation distances
shall be measured from the outer perimeter of the towers included
in the AM array. Additional tower units may be added within the perimeter
of the AM array by right.
[Ord. #2002-23, S 4; Ord. #13-2009, S 1]
a. Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
b. Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot-coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c. Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Borough Administrator an inventory of its
existing towers, antennas or sites approved for towers or antennas,
that are either within the jurisdiction of the Borough of Point Pleasant
Borough or within one (1) mile of the border thereof, including specific
information about the location, height and design of each tower. The
Borough Administrator may share such information with other applicants
applying for administrative approvals or special use permits under
this section or other organizations seeking to locate antennas within
the jurisdiction of the Borough of Point Pleasant Borough, provided,
however that the Borough Administrator is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
d. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
e. Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
f. State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the State or Federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six (6) months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
g. Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Borough of Point Pleasant Borough concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have thirty (30) days to bring
such tower into compliance with such standards. Failure to bring such
tower into compliance within said thirty (30) days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
h. Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough irrespective of Municipal and County jurisdictional boundaries.
i. Not Essential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
j. Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough of Point Pleasant
Borough have been obtained and shall file a copy of all required franchises
with the Borough Administrator.
k. Public Notice. For purposes of this section, any special use request,
variance request, or appeal of an administratively approved use or
special use shall require public notice be given in accordance with
the provision of the Land Use Ordinance, and the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
l. Signs. No signs shall be allowed on an antenna or tower.
m. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection
19-33.7.
n. Multiple Antenna/Tower Plan. The Borough of Point Pleasant Borough
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
o. Height Restriction. No towers or antennas shall have a height of
more than one hundred eighty (180') feet.
[Ord. #2002-23, S 5; Ord. #2007-04, S 1; Ord. #2009-10, S
2; Ord. #2010-12]
a. The following uses are specifically permitted:
1. Antennas or towers located on real property owned, leased, or otherwise
controlled by the Borough, provided a license or lease authorizing
such antenna or tower has been approved by the Borough, specifically
to be located on Block 349, Lot 5, Point Pleasant Borough, New Jersey.
Although allowed as permitted uses, antennas and towers as described
herein, shall require the issuance of a conditional use permit by
the Point Pleasant Borough Planning Board.
2. Cellular antennas located on any towers or water tanks within property
located on Block 163, Lot 4, with a street address of 1123 Burnt Tavern
Road, Point Pleasant Borough, New Jersey. Although allowed as permitted
uses, said cellular antennas as described herein, shall require the
issuance of a conditional use permit by the Point Pleasant Borough
Planning Board.
3. Block 233, Lot 13, Bridge Avenue, Point Pleasant, New Jersey, as
a site upon which cellular antennas and towers can be constructed
as a permitted use.
4. Block 163, Lot 4, Memorial Drive, including the elevated storage
tank on Memorial Drive, Point Pleasant, New Jersey, as a site upon
which cellular antennas and towers can be constructed as a permitted
use.
[Ord. #2002-23, S 6; Ord. #2003-03, SS 1, 2]
a. General. The following provisions shall govern the issuance of conditional
use permits for towers or antennas by the Planning Board:
1. A conditional use permit shall be required for the construction of
a tower or placement of an antenna in all zoning districts.
2. Applications for special use permits under this section shall be subject to the procedures and requirements of subsection
19-16.6 of this Chapter, except as modified in this section.
3. In granting a conditional use permit, the Planning Board may impose
conditions to the extent the Planning Board concludes such conditions
are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
4. Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a
licensed professional engineer.
5. An applicant for a conditional use permit shall submit the information
described in this subsection and a nonrefundable fee as established
by ordinance of the Borough Council of the Borough to reimburse the
Borough for the costs of reviewing the application.
b. Towers.
1. Information Required. In addition to any information required for applications for conditional use permits pursuant to subsection
19-16.6 of this Chapter, applicants for a conditional use permit for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection
19-33.6b.5, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Planning Board to be necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A description of compliance with subsection
19-33.4, paragraphs c, d, e, f, g, j, l and m, subsection 19-33.7b.4 and b.5, 7(b)(4), 7(b)(5) and all applicable Federal, State or local laws.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
2. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to subsection
19-16.6 of this Chapter, the Planning Board shall consider the following factors in determining whether to issue a special use permit, although the Planning Board may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential
district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress; and
(h)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection
19-33.6b.3.
3. Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Planning
Board related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
4. Setbacks. The following setback requirements shall apply to all towers
for which a special use permit is required; provided, however, that
the Planning Board may reduce the standard setback requirements if
the goals of this section would be better served thereby:
(a)
Towers must be set back a distance of at least seven and one-half
(7.5') feet from the rear property line and five (5') feet (each)
from the sidelines of any adjoining lot line.
(b)
Guys and accessory buildings must satisfy the minimum zoning
district setback requirements.
5. Separation. The following separation requirements shall apply to
all towers and antennas for which a special use permit is required;
provided, however, that the Planning Board may reduce the standard
separation requirements if the goals of this section would be better
served thereby.
(a)
Separation from off-site uses/designated areas.
(1)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in Table 1, except as otherwise provided in Table 1.
(2)
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
Table 1:
|
---|
Off-site Use/
Designated Area
|
Separation Distance
|
---|
Single-family or duplex residential units1
|
200 feet or 300% height of tower whichever is greater
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% height of tower2 whichever is greater
|
Vacant unplatted residentially zoned lands3
|
100 feet or 100% height of tower whichever is greater
|
Existing multi-family residential units greater than duplex
units
|
100 feet or 100% height of tower whichever is greater
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
1Includes modular homes and mobile
homes used for living purposes.
2Separation measured from base of
tower to closest building setback line.
3Includes any unplatted residential
use properties without a valid preliminary subdivision plan or valid
development plan approval and any multi-family residentially zoned
land greater than duplex.
|
(b)
Separation distances between towers.
(1)
Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting towers. The
separation distances shall be measured by drawing or following a straight
line between the base of the existing tower and the proposed base,
pursuant to a site plan, of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 2.
(2)
Table 2:
Table 2:
|
---|
Existing Towers - Types
|
---|
|
Lattice
|
Guyed
|
Monopole 75 Ft. in Height or Greater
|
Monopole Less Than 75 Ft. in Height
|
---|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
Monopole 75 Ft. in Height or Greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole Less Than 75 Ft. in Height
|
750
|
750
|
750
|
750
|
6. Security Fencing. Towers shall be enclosed by security fencing not
less than six (6) feet in height and shall also be equipped with an
appropriate anti-climbing device; provided however, that the Planning
Board may waive such requirements, as it deems appropriate.
7. Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Planning Board may waive such requirements if the
goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four (4') feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
[Ord. #2002-23, S 7; Ord. #2003-03, SS 3, 4]
a. Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
1. The cabinet or structure shall not contain more than sixty-five (65)
square feet of gross floor area or be more than ten (10') feet in
height.
2. If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than fifteen (15%) percent of the roof area.
3. Equipment storage buildings or cabinets shall comply with all applicable
building codes.
b. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
In commercial or industrial districts the equipment cabinet
or structure shall be no greater than twelve (12') feet in height
or three hundred (300) square feet in gross floor area. The structure
or cabinet shall be screened by an evergreen hedge with an ultimate
height of eight (8') feet and a planted height of at least thirty-six
(36") inches. In all other instances, structures or cabinets shall
be screened from view of all residential properties which abut or
are directly across the street from the structure or cabinet by a
solid fence eight (8') feet in height or an evergreen hedge with an
ultimate height of eight (8') feet and a planted height of at least
thirty-six (36") inches.
c. Antennas Located on Towers. The related unmanned equipment structure
shall not contain more than three hundred (300) square feet of gross
floor area or be more than twelve (12') feet in height, and shall
be located in accordance with the minimum yard requirements of the
zoning district in which located.
[Ord. #2002-23, S 8]
Any antenna or tower that is not operated for a continuous period
of twelve (12) months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within ninety (90)
days of receipt of notice from the Borough notifying the owner of
such abandonment. Failure to remove an abandoned antenna or tower
within said ninety (90) days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two (2) or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower.
a. Nonexpansion of Nonconforming Use. Towers that are constructed, and
antennas that are installed, in accordance with the provisions of
this section shall not be deemed to constitute the expansion of a
nonconforming use or structure.
b. Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this section.
c. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding subsection
19-33.9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections
19-33.6b,
4 and
5. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection
19-33.8.
[Added 3-23-2020 by Ord. No. 2020-02]
a. Purpose. The purpose and intent of this section is to:
1. Establish a local policy concerning small cell equipment and wireless
poles.
2. Conserve the limited physical capacity of the public rights-of-way
held in public trust by the Borough and the County.
3. Assure that any and all telecommunications carriers providing telecommunications
services in the Borough through small cell equipment and wireless
poles, comply with the laws, rules and regulations of the Borough.
4. Assure that the Borough can continue to fairly and responsibly protect
the public health, safety and welfare.
5. Enable the Borough to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development.
This subsection shall supplement §
19-33, Wireless Telecommunications, Tower and Antennas, by establishing guidelines for the placement of small cell facilities and wireless poles in the public right-of-way. This subsection is intended to be in addition to, and not in lieu of, any other statutes, rules and regulations applicable to small cell facilities and wireless poles. Nothing herein shall abrogate any federal, state, or local regulation applicable to small cell facilities and wireless poles including, without limitation, the provisions of §
19-33 governing Land Use in the Borough of Point Pleasant.
b. Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
ALTERNATIVE TOWER FACILITY
An existing or proposed structure that is compatible with
the natural setting and surrounding structures and that camouflages
or conceals the presence of the antennae and can be used to house
or mount a personal wireless telecommunication service antenna. Examples
include manmade trees, clock towers, bell steeples, light poles, silos,
existing utility poles, existing utility transmission towers and other
similar alternative designed structures.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application to place small cell
equipment or wireless poles in the public right-of-way including,
but not limited to, all professional fees such as engineer and attorney
costs.
APPLICANT
The person or entity seeking to place Small Cell Equipment
or wireless poles within the public right-of-way.
BOROUGH ENGINEER
The person appointed to be Borough Engineer for the Borough
of Point Pleasant pursuant to N.J.S.A. 40A:9-140.
EXISTING POLE
A wireless pole, or pole owned by an incumbent local exchange carrier, competitive local exchange carrier, electric distribution company or other company that is in lawful existence within the public right-of-way. It shall not include an antenna, monopole, or preexisting towers and preexisting antennas, as those terms are defined in Subsection
19-33.2 herein.
MUNICIPAL FACILITIES
Any property, both real and personal, including physical
installations in the public right-of-way that is owned by the Borough.
PERSONAL WIRELESS SERVICE
A type of 'commercial mobile radio service' (as that term
is defined in 47 CFR 20.3) as listed at 47 CFR 20.9(a)(11) and as
defined at 47 CFR 24.5, and provided by the use of 'personal wireless
service facilities' (as such phrase is defined in section 704 of the
Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 State
56 (1996), partially codified at 47 U.S.C. 332(c)(7)(C)(ii).
PUBLIC RIGHT-OF-WAY
The surface of, and the space above, any public street, road,
lane, path, public way or place, sidewalk, alley, boulevard, parkway,
drive, and the like, held by the Borough or County as an easement
or in fee simple ownership, or any other area that is determined by
the Borough or County to be a right-of-way in which the Borough may
allow the installation of small cell equipment and wireless poles
or other telecommunications facilities.
SMALL CELL EQUIPMENT AND SMALL CELL FACILITY
Any of the following that are attached, mounted or installed
on an existing pole or wireless pole in the public rights-of-way and
used to provide personal communications services:
1.
Wireless Facilities and Transmission Media, including femtocells,
picocells and microcells;
2.
Outside Distributed Antenna Systems (ODAS).
3.
A personal wireless service facility as defined by the Federal
Telecommunications Act of 1996, as amended as of August 6, 2014; or
4.
A wireless service facility that meets both of the following
qualifications:
(a)
Each antenna is located inside an enclosure of no more than
three (3') cubic feet in volume or, in the case of an antenna that
has that has exposed elements, the antenna and all of its exposed
elements could fit within an imaginary enclosure of no more than three
(3') cubic feet; and
(b)
Primary equipment enclosures are not larger than seventeen (17')
cubic feet in volume. The following associated equipment may be located
outside of the primary equipment enclosure and, if so located, are
not included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation box, ground-based enclosures,
back-up power systems, grounding equipment, power transfer switch,
and cut-off switch.
SMALL CELL NETWORK
A collection of interrelated small cell facilities designed
to deliver wireless service.
TELECOMMUNICATIONS
The transmission by wire, radio, optical, or any electromagnetic
system, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the
information as sent and received.
TELECOMMUNICATIONS FACILITY
Any structure or device used for the purpose of providing,
supporting, enabling, or otherwise facilitating telecommunications,
including, but not limited to small cell equipment, wireless poles,
as defined herein.
WIRELESS POLE
A column or post lawfully located in the public right-of-way
used solely to support small cell equipment and/or provide personal
wireless service.
ZONE, NON-RESIDENTIAL
The zones designated in Subsection
19-5.1 of Chapter
19 of the Revised General Ordinances of the Borough of Point Pleasant as zones NC, GC, CM, TC, and W.
ZONE, RESIDENTIAL
Any zones permitting single-family, two-family, or multifamily
residences, assisted-living residences, nursing homes, and/or residential
health care facilities.
c. Applicability.
1. Any telecommunications carrier wishing to place small cell equipment
and/or wireless poles in the public right-of-way must first enter
into a master license agreement with the Borough. The placement of
specific small cell equipment onto existing poles or the erection
of wireless poles shall require the issuance of a supplemental license
from the Borough Council based on recommendations by the Borough Engineer.
2. If the Borough's Land Use and Development Ordinances require site
plan approval, or the approval of any variances from the Borough Planning
Board and/or Zoning Board, the applicant shall be required to secure
any approvals and/or variances following the grant of a license under
this subsection. A Planning Board and Zoning Board application for
the construction, installation, or location for telecommunications
facilities shall not be deemed complete until a license under this
subsection is granted by the Borough.
3. Colocation. The shared use of existing freestanding or roof-mounted
facilities shall be preferred to the construction of new facilities
in order to minimize adverse visual impacts associated with the proliferation
of towers.
(a)
No application to construct a new freestanding or roof-mounted
personal wireless telecommunication service facility shall be approved
unless the applicant demonstrates to the reasonable satisfaction of
the Borough that no existing personal wireless telecommunication service
facility within a reasonable distance, regardless of municipal boundaries,
can accommodate the applicant's needs. Evidence submitted to demonstrate
that no existing personal wireless telecommunication service facility
can accommodate the applicant's proposed facility shall consist of
one (1) or more of the following:
(1)
No existing facilities are located within the geographic area
required to meet the applicant's coverage demands.
(2)
Existing facilities or structures are not of sufficient height
to meet the applicant's coverage demands and cannot be extended to
such height.
(3)
Existing facilities or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(4)
Existing facilities or structures do not have adequate space
on which proposed equipment can be placed so it can function effectively
and reasonably.
(5)
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing facility, or the antennas
on the existing facility would cause interference with the applicant's
proposed antenna.
(6)
The applicant demonstrates that there are other compelling limiting
factors, including but not limited to economic factors, that render
existing facilities or structures unsuitable.
(b)
No telecommunications carrier or operator shall unreasonably
exclude a telecommunication competitor from using the same facility
or location. Upon request by the Borough, the owner or operator shall
provide evidence and a written statement to explain why colocation
is not possible at a particular facility or site.
(c)
If a telecommunication competitor attempts to collocate a personal
wireless telecommunication service facility on an existing or approved
facility or location, and the parties cannot reach an agreement, the
Borough may require a third-party technical study to be completed
at the applicant's expense to determine the feasibility of colocation.
(d)
Applications for new freestanding personal wireless telecommunications
facilities shall provide evidence that the facility can accommodate
colocation of additional carriers.
(e)
A telecommunications carrier who is issued a license pursuant
to this subsection who wishes to add, supplement, or modify the telecommunications
facility for which the license was previously granted shall be required
to obtain a new license in accordance with the procedures established
by this subsection except that no new license shall be required if
the addition, supplement or modification does not materially change
the overall size, dimensions or appearance of the telecommunications
facility.
(f)
Any person who desires a license pursuant to this subsection
shall file an application with the Borough Administrator. The application
shall include the following information:
(1)
The identity of the license applicant, including all affiliates
of the applicant.
(2)
A description of the telecommunications services that are or
will be offered or provided.
(3)
A description of the telecommunications facility(ies).
(4)
A description of the transmission medium that will be used by
the licensee to offer or provide telecommunications services.
(5)
Preliminary engineering plans, a survey, specifications, and
a network map of the telecommunications facility to be located within
the Borough, all in sufficient detail to identify:
(i) The location and route requested for applicant's
proposed telecommunications facility.
(ii) The location of all antennae, cells and nodes
for applicant's proposed telecommunications facility.
(iii) The location of all overhead and underground
public utility, telecommunications, cable, water, sewer drainage and
other facilities in the public way along the proposed route.
(iv) The specific trees, structures, improvements,
facilities and obstructions, if any, that applicant proposes to temporarily
or permanently remove, relocate or alter.
4. Federal Requirements. All personal wireless telecommunications facilities
shall meet the current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority
to regulate personal wireless telecommunication service facilities.
Failure to meet such revised standards and regulations shall constitute
grounds for revocation of Borough approvals and removal of the facility
at the owner's expense.
5. Safety Standards. All personal wireless telecommunications facilities
shall conform to the requirements of the International Building Code
and National Electrical Code, as applicable.
6. Abandonment. Personal wireless telecommunications facilities which
are abandoned by nonuse, disconnection of power service, equipment
removal or loss of lease for greater than six (6) months shall be
removed by the facility owner. Should the owner fail to remove the
facilities, the Borough may do so at its option, and the costs thereof
shall be a charge against the owner and recovered by certification
of the same to the county treasurer for collection as taxes. If an
owner wishes to begin utilizing abandoned equipment again, it must
submit a new application.
7. Third Party Review.
(a)
Telecommunications carriers use various methodologies and analysis
tools, including geographically based computer software, to determine
the specific technical parameters of facilities, such as expected
coverage area, antenna configuration and topographic constraints that
affect signal paths. In certain instances there may be a need for
expert review by a third party of the technical data submitted by
the provider. The Borough may require such a technical review to be
paid for by the applicant for a telecommunications facility. The selection
of the third party expert may be by mutual agreement between the applicant
and the Borough or at the discretion of the Borough, with a provision
for the applicant and interested parties to comment on the proposed
expert and review its qualifications. The expert review is intended
to be a site-specific review of technical aspects of the facilities
and not a subjective review of the site selection. The expert review
of the technical submission shall address the following:
(1)
The accuracy and completeness of the submission;
(2)
The applicability of analysis techniques and methodologies;
(3)
The validity of conclusions reached;
(4)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability
to construct, operate, maintain, relocate and remove the telecommunications
facilities.
(5)
Information to establish the applicant's technical qualifications,
experience and expertise regarding the telecommunications facilities
and telecommunications services described in the application.
(6)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the telecommunications facilities and to offer or provide the telecommunications
services.
(7)
Information to establish that the telecommunications facility
meets the current standards and regulations of any agency of the federal
government with the authority to regulate telecommunications facilities.
(8)
Information to establish that the proposed telecommunications
facility conforms to the requirements of the International Building
Code and National Electrical Code, as applicable.
(9)
Any specific technical issues designated by the Borough.
(b)
Based on the results of the third party review, the Borough
may require changes to the application for the facility that comply
with the recommendation of the expert.
d. Master License Agreement.
1. A master license agreement entered into pursuant to this subsection
shall include the following provisions:
(a)
The term shall not exceed twenty-five (25) years.
(b)
The following conditions shall apply to the issuance of site
specific supplemental licenses for:
(1)
Small Cell Equipment.
(i) The proposed installation must not be in excess
of the height of the existing pole, before the installation, plus
six (6') feet.
(ii) The proposed installation shall be constructed,
finished, painted and otherwise camouflaged, in conformance with best
available stealth technology methods, so as to blend in compatibly
with its background and so as to minimize its visual impact on surrounding
properties.
(iii) Proposal must include an engineer's certification
verifying the structural integrity of the pole.
(iv) The placement of equipment cabinets along with
any small cell equipment installation must conform to the following:
[a] For sites located within non-residential zones,
no pole-mounted small cell equipment may project beyond the side of
the pole more than thirty (30) inches.
[b] Except for in a flood zone, no ground-mounted small
cell equipment [1] may exceed seven (7') feet in height, [2] occupy
more than thirty-six (36') square feet of ground area, [3] be located
more than fifteen (15') feet from the existing pole, [4] may fail
comply with required sight triangles and breakaway design in accordance
with AASHTO regulations. However, applicant may seek relief from this
requirement from the Zoning Board of Adjustment pursuant to N.J.S.A.
40:55D-70d(1).
(v) No small cell equipment shall be placed within
five hundred (500') feet of an existing small cell equipment installation.
This shall not preclude the collocation of two such facilities on
the same pole or within the same vault.
(vi) The cumulative size of a small cell equipment
installation for any one site shall not exceed twenty (20') cubic
feet.
(c)
Wireless Poles.
(1)
Wireless poles are are not permitted in residential zones that,
as of June 30, 2018, do not have wooden utility poles of any kind
already installed. However, applicant may seek relief from this requirement
from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(1).
(2)
Wireless poles shall be of the same type (i.e., wooden, steel)
as the existing utility poles located on either side of it and shall
not be higher than one hundred fifteen (115%) percent of the average
height of the existing utility poles within five hundred (500') feet,
but in no event higher than thirty (30') feet in height, and no antenna
or attachment shall extend more than six (6') feet above said utility
pole. If there are no existing utility poles in the public right-of-way
within five hundred (500') feet of the proposed utility pole, the
carrier shall submit a plan for a proposed stealth structure for review
and approval of the Borough Engineer.
(3)
Wireless poles are not permitted in areas with underground utilities.
However, applicant may seek relief from this requirement from the
appropriate authorities.
(4)
The height of the wireless pole, including the small cell equipment
installation, cannot be any more than six (6') feet higher than the
height of the two nearest existing poles.
(5)
The proposed wireless pole shall be constructed, finished, painted
and otherwise camouflaged, in conformance with best available stealth
technology methods, so as to blend in compatibly with its background
and so as minimize its visual impact on surrounding properties.
(6)
No wireless pole may be spaced less than five hundred (500')
linear feet from another existing pole or proposed wireless pole that
is capable of supporting small cell equipment. However, this requirement
may be administratively waived for wireless poles that are proposed
to be placed within non-residential zones where the proposal is determined
to be aesthetically consistent with the surrounding streetscape.
(7)
Applicant must demonstrate that the wireless pole has received
all necessary historic preservation reviews.
(8)
The wireless pole cannot exceed thirty (30') feet, or the maximum
permitted height of the particular zone in which it is to be located,
whichever is taller. However, the applicant may seek relief from this
requirement from the Zoning Board of Adjustment.
(9)
The wireless pole cannot be placed in such a way that it encroaches
upon or blocks sight triangles.
(10) Applicant must demonstrate that the proposed small
cell equipment cannot be collocated.
e. Application Process.
1. Location: Small cell facilities that cannot be collocated are permitted
in Borough rights-of-way, upon facilities in these rights-of-way and
on public easements owned by the Borough under the following priority:
(a)
First, on a Borough-owned utility pole, which shall be removed
and replaced with a pole designed to contain all antennae and equipment
within the pole to conceal any ground-based support equipment and
ownership of which pole is conveyed to the Borough.
(b)
Second, a Borough-owned utility pole with attachment of the
small call facilities in a configuration approved by the Borough.
(c)
Third, on a third-party owned utility pole, (with the consent
of the owner thereof), with attachment of the small cell facilities
in a configuration approved by the Borough.
(d)
Fourth, on a traffic signal pole or mast arm in a configuration
approved by the Borough, or in the case of a NJDOT facility, by NJDOT.
(e)
Fifth, on a freestanding or ground-mounted facility which meets
the definition of and requirements for an alternative tower facility
in a location and configuration approved by the Borough.
2. Application Process.
(a)
Survey. Every applicant must provide the Borough with a professional
survey demonstrating that the area on which it proposes to place small
cell equipment and/or a wireless pole is located within the public
right-of-way. Applicant must also provide easting and northing coordinates
in state plane for inclusion in a GIS inventory.
(b)
Small Cell Equipment. The Borough Engineer shall review all
applications and make a recommendation to the Borough Council as to
whether a supplemental license is in compliance with the terms of
this subsection and the master license agreement and may therefore
be issued.
(c)
Wireless poles. The Borough Engineer shall review all applications
and make a recommendation to the Borough Council as to whether a supplemental
license is in compliance with the terms of this subsection and the
master license agreement and may therefore be issued.
(d)
Any denial of a supplemental license must be in writing and
provide the facts upon which such a denial is based.
3. An application for a license under this subsection shall be accompanied
by a payment of a five hundred ($500.00) dollar fee.
4. Pursuant to N.J.S.A. 54:30A-124, the Borough shall recover reasonable
fees for actual services incurred in the review of all applicants
under this subsection. Applicant shall make a five thousand ($5,000.00)
dollar deposit toward anticipated municipal expenses which shall be
placed in an escrow account. If said escrow account contains insufficient
funds to enable the Borough to perform its review, the Chief Financial
Officer shall provide the applicant a notice of insufficient balance.
In order for review to continue, the applicant shall, within thirty
(30) days, post a deposit to the account in an amount to be mutually
agreed upon.
5. An applicant, upon receiving a supplemental license for the placement
of small cell equipment or a wireless pole in the public right-of-way,
may proceed in requesting all other necessary street opening permits
and building permits and, upon receiving same, may proceed with construction.
Applicants must comply with all other state and federal laws, rules
and regulations along with any other applicable local ordinances.
f. Assignment or Transfer of Small Cell Facility Licenses.
1. Ownership or control of a license issued pursuant to this subsection
may not, directly or indirectly, be transferred, assigned or disposed
of by sale, lease, merger, consolidation or other act of the grantee,
by operation of law or otherwise, without the prior consent of the
Borough as expressed by resolution.
g. General Indemnification of Borough in Connection with Telecommunications
Facilities.
1. Each license grantee shall indemnify and hold the Borough and its
officers, employees, agents and representatives harmless from and
against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of, resulting
from or alleged to arise out of or result from the negligent, careless
or wrongful acts, omissions, failures to act or misconduct of the
grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its telecommunications facilities, and in providing
or offering telecommunications services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
subsection or by a grant agreement made or entered into pursuant to
this subsection.
h. Revocation or Termination of License.
1. The Borough may revoke a license granted under this subsection for
the following reasons:
(a)
Construction or operation without a license.
(b)
Construction or operation at an unauthorized location.
(c)
Unauthorized substantial transfer of control of the grantee.
(d)
Unauthorized assignment of a license.
(e)
Unauthorized sale, assignment or transfer or grantee's assets,
or a substantial interest therein.
(f)
Misrepresentation or lack of candor by or on behalf of a grantee
in any application to the Borough.
(g)
Abandonment of the Telecommunications Facility. A telecommunications
facility shall be deemed "abandoned" if it is either disconnected
from power service or unused for greater than six (6) months. Abandoned
telecommunications facilities shall be removed by the owner. Should
the owner fail to remove the telecommunications facility, the Borough
may do so at its option, and the costs thereof shall be a charge against
the owner.
(h)
Insolvency or bankruptcy of the grantee.
(i)
Material violation of the Borough's Revised General Ordinances.
2. In the event that the Borough believes that grounds exist for revocation
of a license, it shall give the grantee written notice of the apparent
violation or noncompliance, providing a statement of the nature and
general facts of the violation or noncompliance, and providing the
grantee a reasonable period of time not exceeding thirty (30) days
to furnish evidence:
(a)
That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance; and
(b)
That rebuts the alleged violation or noncompliance; and
(c)
That it would be in the public interest to impose some penalty
or sanction less than revocation.
3. The Borough shall consider the apparent violation or noncompliance
in a public meeting, with respect to which the grantee shall be given
notice and a reasonable opportunity to be heard concerning the matter.
i. Notification Required.
1. Any telecommunications carrier who desires to change existing use,
construct, install, operate, maintain, or otherwise locate a telecommunications
facility in the Borough shall provide notice to property owners certified
by the Borough Administrator to be within two hundred (200') feet
of the proposed telecommunications facility.
2. Notice shall be given to a property owner by:
(a)
Serving a copy thereof on the property owner as shown on the
current certified tax list, or his or her agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail and regular mail to
the property owner at the address as shown on the said current certified
tax list, and service by mailing shall be deemed complete upon deposit
with the U.S. Postal Service; and
3. Notice pursuant this subsection shall state the identity of the telecommunications
carrier; a description of the telecommunications services that are
or will be offered or provided; a description of the location(s) of
any telecommunications facilities; and a description of the telecommunications
facilities to be installed and the location of the telecommunications
facilities. The notice shall also advise that a copy of the applicant's
application is on file with the Borough Administrator and may be reviewed
by the public.
4. Such other and further information as may be required by the Borough
Administrator.
5. In the case of an application that seeks to construct, install, operate,
maintain, or otherwise locate a telecommunications facility or equipment
on any property owned or controlled by the County, including, but
not limited to a County right-of-way, the applicant shall also provide
notice to and obtain a permit from the County authorizing the placement
of such telecommunications facility on any such property or right-of-way.
j. This subsection shall be in addition to and not in lieu of any notice
provisions set forth in statute, rule or regulation.
Editor's Note: Ord. No. 2021-14 deleted prior §
19-34, Provision of Affordable Housing Pursuant to COAH Round 3 Growth Share Regulations, in entirety. Prior history includes Ord. No. 2006-12.
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 2006-13 and 2007-09.
[Ord. #2008-15, S 1]
a. In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301
et seq., and the State Constitution, subject to the rules adopted
by the New Jersey Council on Affordable Housing's (COAH).
b. Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the
Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through
8.7), COAH is authorized to adopt and promulgate regulations necessary
for the establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or court of competent jurisdiction and have an approved spending plan
may retain fees collected from nonresidential development.
c. This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees
collected pursuant to this section shall be used for the sole purpose
of providing low- and moderate-income housing. This section shall
be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
[Ord. #2008-15, S 2]
a. The Borough of Point Pleasant shall not impose development fees on
any applicant pursuant to this section until COAH or a Court has approved
the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1, except
that residential fees may be collected pursuant to the previously
approved fee ordinance until such time as this ordinance takes effect,
and nonresidential fees shall be collected in accordance with the
Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1
et seq.
b. The Borough of Point Pleasant shall not spend development fees until
COAH or a Court has approved a plan for spending such fees in conformance
with N.J.A.C. 5:97-8.10 and N.J.A.C. 5.96-5.3.
[Ord. #2008-15, S 3]
a. The following terms, as used in this section, shall have the following
meanings:
AFFORDABLE HOUSING DEVELOPMENT
shall mean a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary
development, a municipal construction project, or a one hundred (100%)
percent affordable development.
COAH OR THE COUNCIL
shall mean the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in the State.
DEVELOPMENT FEE
shall mean money paid by a developer for the improvement
of property as permitted under N.J.A.C. 5:97-8.3.
DEVELOPER
shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE
shall mean the assessed value of a property divided by the
current average ratio of assessed to true value for the municipality
in which the property is situated, as determined in accordance with
sections 1, 5, and 6 of P.L. 1973, c.123 (C. 54:1-35a through C. 54:1-35c).
GREEN BUILDING STRATEGIES
shall mean those strategies that minimize the impact of development
on the environment, and enhance health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing
while making optimum use of existing infrastructure and community
services.
[Ord. #2008-15, S 4; Ord. #2015-20]
a. Imposed Fees.
1. Within all zoning districts in the Borough of Point Pleasant, residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of one and one half (1.5%) percent
of the equalized assessed value for residential development, provided
no increased density is permitted.
2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a "d" variance) has been permitted, developers shall be
required to pay a development fee of six (6%) percent of the equalized
assessed value (EAV) for each additional unit above that permitted
by right which may be realized. However, if the zoning on a site has
changed during the two-year period preceding the filing of such a
variance application, the base density for the purposes of calculating
the bonus development fee shall be the highest density permitted by
right during the two-year period preceding the filing of the variance
application.
Example: If an approval allows four (4) units to be constructed
on a site that was zoned for two (2) units, the fees could equal one
and a half (1.5%) percent of the equalized assessed value on the first
two (2) units; and the specified higher percentage up to six (6%)
percent of the equalized assessed value for the two (2) additional
units, provided zoning on the site has not changed during the two-year
period preceding the filing of such a variance application.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Development.
1. Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
2. Developments that have received preliminary or final site plan approval
prior to the adoption of a municipal development fee ordinance shall
be exempt from development fees, unless the developer seeks a substantial
change in the approval. Where a site plan approval does not apply,
a zoning and/or building permit shall be synonymous with preliminary
or final site plan approval for this purpose. The fee percentage shall
be vested on the date that the building permit is issued.
3. Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
4. Nonprofit organizations which have received tax exempt status pursuant
to Section 501(c)(3) of the Internal Revenue Code, providing current
evidence of that status is submitted to the Municipal Clerk, together
with a certification that services of the organization are provided
at reduced rates to those who establish an inability to pay existing
charges, shall be exempted from paying a development fee.
5. Federal, State, County and local governments shall be exempted from
paying a development fee.
6. The owner of a residential unit which does not adjoin vacant or improved
property owned by the same property owner or an affiliated company
of the property owner shall be exempt from paying a development fee.
[Ord. #2008-15, S 5]
a. Imposed Fees.
1. Within all zoning districts, nonresidential developers, except for
developers of the types of development specifically exempted, shall
pay a fee equal to two and one-half (2.5%) percent of the equalized
assessed value of the land and improvements, for all new nonresidential
construction on an unimproved lot or lots.
2. Nonresidential developers, except for developers of the types of
development specifically exempted, shall also pay a fee equal to two
and one-half (2.5%) percent of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
3. Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
one-half (2.5%) percent shall be calculated on the difference between
the equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly-improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
b. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential
Development.
1. The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and one-half (2.5%) percent
development fee, unless otherwise exempted below.
2. The two and one-half (2.5%) percent fee shall not apply to an increase
in equalized assessed value resulting from alterations, change in
use within existing footprint, reconstruction, renovations and repairs.
3. Nonresidential developments shall be exempt from payment of nonresidential
development fees in accordance with the exemptions required pursuant
to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey
Non-Residential Development Certification/Exemption" Form. Any exemption
claimed by a developer shall be substantiated by that developer.
4. A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to P.L.2008, c.46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the nonresidential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the nonresidential development, whichever
is later.
5. If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within forty-five (45) days of the termination of the
property tax exemption. Unpaid nonresidential development fees under
these circumstances may be enforceable by the Borough of Point Pleasant
as a lien against the real property of the owner.
[Ord. #2008-15, S 6]
a. Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the Borough's Construction Official responsible
for the issuance of a building permit.
b. For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The Developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
c. The Construction Official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
d. Within ninety (90) days of receipt of that notice, the Municipal
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
e. The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the local Assessor of any and
all requests for the scheduling of a final inspection on property
which is subject to a development fee.
f. Within ten (10) business days of a request for the scheduling of
a final inspection, the Municipal Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development; calculate the development fee, and thereafter
notify the developer of the amount of the fee.
g. Should the Borough of Point Pleasant fail to determine or notify the developer of the amount of the development fee within ten (10) business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection
b. of section 37 of P.L.2008, c.46 (C.40:55D-8.6).
h. Fifty (50%) percent of the development fee shall be collected at
the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at building permit and that determined at issuance
of certificate of occupancy.
i. Appeal of Development Fees.
1. A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by the Borough of Point Pleasant.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within ninety (90) days after the date
of such determination. Interest earned on amounts escrowed shall be
credited to the prevailing party.
2. A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within forty-five (45) days of receipt of the challenge, collected
fees shall be placed in an interest bearing escrow account by the
Borough of Point Pleasant. Appeals from a determination of the Director
may be made to the tax court in accordance with the provisions of
the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within
ninety (90) days after the date of such determination. Interest earned
on amounts escrowed shall be credited to the prevailing party.
[Ord. #2008-15, S 7]
a. There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Borough's Chief Financial Officer for
the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
b. The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
1. Payments in lieu of on-site construction of affordable units;
2. Developer-contributed funds to make ten (10%) percent of the affordable
entrances in a townhouse or other multistory attached development
accessible;
3. Rental income from municipally-operated units;
4. Repayments from affordable housing program loans;
6. Proceeds from the sale of affordable units; and
7. Any other funds collected in connection with the Borough of Point
Pleasant's affordable housing program.
c. The Borough of Point Pleasant shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the Township's banking institution, and COAH to permit COAH to direct
the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d. All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH or the
Court.
[Ord. #2008-15, S 8]
a. The expenditure of all funds shall conform to a spending plan approved
by COAH or the Court. Funds deposited in the Housing Trust Fund may
be used for any activity approved by COAH or the Court to address
the Borough of Point Pleasant's fair share obligation and may be set
up as a grant or revolving loan program. Such activities include,
but are not limited to: preservation or purchase of housing for the
purpose of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or State standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan, or any other activity as permitted
pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved
spending plan.
b. Funds shall not be expended to reimburse the Borough of Point Pleasant
for past housing activities.
c. At least thirty (30%) percent of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the municipal Fair Share Plan. One-third (1/3) of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning thirty
(30%) percent or less of median income by region.
1. Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs.
2. Affordability assistance to households earning thirty (30%) percent
or less of median income may include buying down the cost of low or
moderate income units in the municipal Fair Share Plan to make them
affordable to households earning thirty (30%) percent or less of median
income.
3. Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
d. The Borough of Point Pleasant may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
e. No more than twenty (20%) percent of all revenues collected from
development fees may be expended on administration, including, but
not limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than twenty
(20%) percent of the revenues collected from development fees shall
be expended for such administrative expenses. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units, and compliance with COAH's monitoring
requirements. Legal or other fees related to litigation opposing affordable
housing sites or objecting to the Council's regulations and/or action
are not eligible uses of the affordable housing trust fund.
[Ord. #2008-15, S 9]
The Borough of Point Pleasant shall complete and return to COAH
all monitoring forms included in the annual monitoring report related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
and funds from the sale of units with extinguished controls barrier
free escrow funds, rental income, repayments from affordable housing
program loans, and any other funds collected in connection with the
Borough of Point Pleasant's housing program, as well as to the expenditure
of revenues and implementation of the plan approved by the court.
All monitoring reports shall be completed on forms designed by COAH.
[Ord. #2008-15, S 10]
The ability of the Borough of Point Pleasant to impose, collect
and expend development fees shall expire with its substantive certification
or judgment of compliance unless the Borough of Point Pleasant has
filed an adopted Housing Element and Fair Share Plan with COAH, has
petitioned COAH for substantive certification, or brought a declaratory
relief action in Court pursuant to N.J.S.A. 52.27D-313 and has received
approval of its development fee ordinance by COAH or a Court. If the
Borough of Point Pleasant fails to renew its ability to impose and
collect development fees prior to the expiration of its substantive
certification or judgment of compliance, it may be subject to forfeiture
of any or all funds remaining within its Municipal Trust Fund. Any
funds so forfeited shall be deposited into the "New Jersey Affordable
Housing Trust Fund" established pursuant to section 20 of P.L. 1985,
c.222 (C.52:27D-320). The Borough of Point Pleasant shall not impose
a residential development fee on a development that receives preliminary
or final site plan approval after the expiration of its substantive
certification or its judgment of compliance, nor shall the Borough
of Point Pleasant retroactively impose a development fee on such a
development. The Borough of Point Pleasant shall not expend development
fees after the expiration of its substantive certification or its
judgment of compliance.
[Ord. No. 2017-01 § 1]
a. This section is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This section shall apply except where inconsistent with applicable
law.
b. The Borough of Point Pleasant Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan has been adopted
by the Planning Board and endorsed by the Governing Body. The Fair
Share Plan describes the ways Point Pleasant Borough shall address
its fair share for low- and moderate-income housing as documented
in the Housing Element and outlined in the terms of the settlement
agreement between the Borough and Fair Share Housing Center ("FSHC").
c. This section implements the Borough's Fair Share Plan, addresses
the requirements of the Court and the terms of the settlement agreement,
and also implements a Borough wide requirement that any residential
development with five (5) or more units shall have a twenty (20%)
percent affordable housing set aside for low- and moderate-income
units.
d. The Borough of Point Pleasant shall track the status of the implementation
of the Housing Element and Fair Share Plan. Any plan evaluation report
of the Housing Element and Fair Share Plan shall be available to the
public at Borough Hall located on 2233 Bridge Avenue Point Pleasant,
New Jersey 08742.
[Ord. No. 2017-01 § 2; Ord. No. 2017-21]
The Borough of Point Pleasant will use the following mechanisms
to satisfy its affordable housing obligations:
a. Affordability Assistance Program.
1. The Borough's Administrative Agent will be responsible for implementing
the Borough's affordability assistance program for rental assistance
and security deposit assistance.
2. All affordable units to be produced in the Borough will be eligible
for affordability assistance programs, either through Sea Point Village,
the Borough's affordable housing overlay zone, or simply through affordable
units produced through the Borough's affordable housing ordinance
requiring low and moderate income set-asides for certain residential
developments. The Borough's Administrative Agent will be in charge
of the process of qualifying individual low and moderate income households
for affordability assistance in any given affordable unit.
b. Rental Unit Affordability Assistance Program.
1. Rental Assistance.
Eligible recipients of the program are renters who quality for
a very low, low- or moderate-income rental unit. This program's intent
is to assist households afford an affordable unit without paying more
than thirty-five (35%) percent of their gross monthly income on rent.
For example, a very low income household may not be able to afford
to live in a low income unit. This program would provide affordability
assistance funds to a very low income household, such that a very
low income household can make the rental payments to live in a low
income unit. This program could apply to Sea Point Village affordable
units or other future affordable units for qualifying households.
The monthly subsidy a household may receive, if qualified, can vary
greatly depending on the person's income and what the existing rent
is for an affordable unit. Once again, the Borough's Administrative
Agent will be responsible for qualifying households to determine eligibility
for rental assistance and also for calculating the correct subsidy
each qualifying household is entitled to under the appropriate regulations.
2. Security Deposit Assistance.
The Borough of Point Pleasant will designate a portion of its
affordability assistance funds as a revolving Security Deposit Assistance
Fund. The amount will be decided in the future as the Borough's Administrative
Agent deems appropriate. A low interest loan from the fund will be
received by an income eligible renter with good credit standing who
qualifies for a low- or moderate-income rental unit. The security
deposit assistance will be in the form of a cash loan equal to the
security deposit amount determined by the landlord paid to the landlord
on behalf of the tenant.
At the termination of the lease, the landlord will return the
portion of the security deposit it determines is appropriate to the
Borough of Point Pleasant along with the interest earned. The tenant
will repay any difference between the original security deposit amount
and the portion returned by the landlord as well as the interest accrued
to the full loan amount to the Borough of Point Pleasant. Funds returned
to the municipality will be placed in the affordable housing trust
fund to be used for future security deposit assistance.
3. Administration of Affordability Assistance.
Rental assistance does not need to be repaid by the tenant.
The amount of the rental supplement will be calculated initially based
on the tenant's actual income and the rent level of the affordable
units to help bring the total shelter costs down to thirty-five (35%)
percent of the total household income or lower, if warranted by the
particular household circumstances. If the tenant wishes to renew
the lease, he/she / she must be re-income qualified and the rental
supplement will be recalculated. If the tenant no longer qualifies
for the rental assistance, he/she / she may renew the lease and stay
in the unit, but will no longer receive rental assistance. Rental
assistance can be used for units in the Sea Point Village inclusionary
development, any units created through the Borough wide inclusionary
ordinance, or the Borough's Affordable Housing Overlay ordinance may
use rental assistance and security deposit assistance for qualified
applicants to live in said units, including very low income households.
Also, the Administrative Agent should consider limiting annual increases
of rent for affordable units to avoid issues with rental subsidies
becoming too costly to sustain.
The availability of any Affordability Assistance Programs must
be noticed to all tenants of affordable units within the Borough and
provided to all active Administrative Agents working for the Borough.
An income eligible occupant or applicant for an affordable unit within
the Borough may not be denied participation in the Affordability Assistance
Program(s) unless funding is no longer available.
[Ord. No. 2017-01 § 3;
amended 6-28-2021 by Ord. No. 2021-14]
The following general guidelines apply to all newly constructed
developments that contain low-and moderate-income housing units, including
any currently unanticipated future developments that will provide
low- and moderate-income housing units.
a. Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
1. The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
2. In each affordable development, at least fifty (50%) percent of the
restricted units within each bedroom distribution shall be low-income
units. If there is only one affordable unit it must be a low-income
unit.
3. Thirteen (13%) percent of all affordable units shall be designated
as very-low income households at thirty (30%) percent of the median
income, with at least fifty (50%) percent of all very-low income units
being available to families. If an inclusionary development proposes
less than ten (10) total units, a payment in lieu of a very low-income
unit shall be deposited into the Borough's Affordable Housing Trust
Fund based on the difference in cost between providing a very low
income unit and the region's affordability average. Inclusionary developments
of ten (10) or more total units shall be required to provide a minimum
of one very low-income unit. Very low-income units shall be considered
low-income units for the purposes of evaluating compliance with the
required low/moderate income unit splits, bedroom distribution, and
phasing requirements of this ordinance.
4. Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than twenty (20%) percent of the total low- and moderate-income
units;
(b)
At least thirty (30%) percent of all low- and moderate-income
units shall be two bedroom units;
(c)
At least twenty (20%) percent of all low- and moderate-income
units shall be three bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
5. Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b. Accessibility Requirements:
1. The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
2. All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D 311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Borough of Point Pleasant has collected
funds from the developer sufficient to make ten (10%) percent of the
adaptable entrances in the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough's Affordable Housing Trust Fund sufficient to install
accessible entrances in ten (10%) percent of the affordable units
that have been constructed with adaptable entrances.
(3)
The funds deposited under paragraph (2) above shall be used
by the Borough of Point Pleasant for the sole purpose of making the
adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Borough's Affordable Housing Trust Fund where the funds
shall be deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
c. Maximum Rents and Sales Prices.
1. In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC utilizing the regional income limits established by the New Jersey
Department of Community Affairs (DCA) or other agency as required
by the Court.
2. The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
sixty (60%) percent of median income, and the average rent for restricted
low- and moderate-income units shall be affordable to households earning
no more than fifty-two (52%) percent of median income.
3. The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
(a)
At least thirteen (13%) percent of all low- and moderate-income
dwelling units shall be affordable to households earning no more than
thirty (30%) percent of median income.
4. The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than seventy (70%) percent of median income, and each affordable
development must achieve an affordability average of fifty-five (55%)
percent for restricted ownership units; in achieving this affordability
average, moderate-income ownership units must be available for at
least three (3) different prices for each bedroom type, and low-income
ownership units must be available for at least two (2) different prices
for each bedroom type.
5. In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four and one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6. In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one and one-half
person household; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two (2) one-person households.
7. The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to ninety-five
(95%) percent of the purchase price and the Federal Reserve H.15 rate
of interest), taxes, homeowner and private mortgage insurance and
condominium or homeowner association fees do not exceed twenty-eight
(28%) percent of the eligible monthly income of the appropriate size
household as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the price shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
8. The initial rent for a restricted rental unit shall be calculated
so as not to exceed thirty (30%) percent of the eligible monthly income
of the appropriate household size as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the rent
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
9. The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the Administrative Agent be lower than the last
recorded purchase price.
10.
The rent of low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
nine (9%) percent in any one year. Rents for units constructed pursuant
to low- income housing tax credit regulations shall be indexed pursuant
to the regulations governing low- income housing tax credits.
11.
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
d. Percentage of Mandatory Affordable Housing Set-Asides for All Residential
Developments:
[Added 6-28-2021 by Ord.
No. 2021-14]
1. All new construction multifamily or single-family attached residential
dwelling unit developments, whether for-sale or rental, within the
borders of the Borough proposing five units or more, shall have a
mandatory 20% set-aside for the purposes of providing affordable housing
to very-low, low- and moderate-income households. This applies to
all such developments, whether permitted by a zoning amendment, an
approval or variance granted by the Borough's Planning Board or Zoning
Board, or through the adoption of a redevelopment plan or amended
redevelopment plan in areas in need of redevelopment or rehabilitation.
2. The provisions herein shall not apply to residential expansion, additions,
renovations, replacements, or any other type of residential development
that does not result in a net increase in the number of dwelling units.
3. This section shall not apply to developments containing four or less
dwelling units.
4. All subdivision and site plan approvals of qualifying residential
development shall be conditioned upon compliance with the provisions
of this section.
5. Where a development demolishes existing dwelling units and builds
new dwelling units on the same site, the provisions of this section
shall apply only if the total number of newly constructed dwelling
units on the site is five or more.
6. For any such development where the Borough's land use ordinances
(e.g., zoning or an adopted redevelopment plan) already permitted
residential development as of the effective date of the adoption of
this ordinance, this requirement shall only apply if the Borough permits
an increase in approvable and developable gross residential density
to beyond the permitted approvable and developable gross residential
density as of the effective date of the adoption of this ordinance.
7. Nothing in this subsection precludes the Borough from imposing an
affordable housing set-aside in a development not required to have
a set-aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-311(h)
and other applicable law.
8. The requirements in this subsection do not create any entitlement
for a property owner or applicant for a zoning amendment, variance,
or adoption of a redevelopment plan or amended redevelopment plan
in areas in need of redevelopment or rehabilitation, or for approval
of any particular proposed project.
9. The requirements in this subsection do not apply to any sites or
specific overlay zones otherwise identified in the Borough's adopted
Fair Share Plan, for which density and set-aside standards shall be
governed by the specific standards set forth therein.
e. Phasing. Inclusionary developments shall be subject to the following
phasing schedule:
[Added 6-28-2021 by Ord.
No. 2021-14]
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
---|
0%
|
25%
|
10%
|
25% + 1 Unit
|
75%
|
75%
|
100%
|
90%
|
f. Fractional units. If the affordable housing set-aside of the total
number of units in a development results in a fraction or decimal,
the developer shall be required to provide an additional affordable
unit on site. Example: In an eight unit development requiring an affordable
housing set-aside of 1.3 units is proposed, the developer is required
to provide two on-site affordable units.
[Added 6-28-2021 by Ord.
No. 2021-14]
[Ord. No. 2017-01 § 4]
a. The Borough of Point Pleasant shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
b. The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 4 and covers the period of deed restriction.
c. The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 4.
d. The Administrative Agent designated by the Borough of Point Pleasant
shall assure the affirmative marketing of all affordable units consistent
with the Affirmative Marketing Plan for the municipality.
e. In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
f. The affirmative marketing process for available affordable units
shall begin at least four (4) months prior to the expected date of
occupancy.
g. The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Borough.
[Ord. No. 2017-01 § 5]
a. In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
1. Provide an occupant for each bedroom;
2. Provide children of different sex with separate bedrooms; and
3. Prevent more than two (2) persons from occupying a single bedroom.
b. Additional provisions related to occupancy standards (if any) shall
be provided in the Municipal Operating Manual.
[Ord. No. 2017-01 § 6]
a. Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Borough of Point Pleasant elects to release
the unit from such requirements however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least thirty (30) years.
b. The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c. Prior to the issuance of the initial Certificate of Occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the Administrative Agent shall determine
the restricted price for the unit and shall also determine the non-restricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
d. At the time of the first sale of the unit, the purchaser shall execute
and deliver to the Administrative Agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first non-exempt sale after the unit's release
from the requirements of this section, an amount equal to the difference
between the unit's non-restricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
e. The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
f. A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
[Ord. No. 2017-01 § 7]
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
a. The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
b. The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
d. The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
[Ord. No. 2017-01 § 8]
a. Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to fifty (50%) percent
of median income and moderate-income ownership units shall be reserved
for households with a gross household income less than eighty (80%)
percent of median income.
b. The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed thirty-three (33%) percent of the household's certified
monthly income.
[Ord. No. 2017-01 § 9]
a. Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the Administrative Agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b. With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed ninety-five (95%) percent of the maximum allowable
resale price of that unit, as such price is determined by the Administrative
Agent in accordance with N.J.A.C. 5:80-26.6(b).
[Ord. No. 2017-01 § 10]
a. Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Borough of Point Pleasant elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least thirty (30) years.
b. Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Ocean. A copy of the filed document shall be provided
to the Administrative Agent within thirty (30) days of the receipt
of a Certificate of Occupancy.
c. A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
1. Sublease or assignment of the lease of the unit;
2. Sale or other voluntary transfer of the ownership of the unit; or
3. The entry and enforcement of any judgment of foreclosure.
[Ord. No. 2017-01 § 11]
a. A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the Administrative Agent.
b. No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
c. Application fees (including the charge for any credit check) shall
not exceed five (5%) percent of the monthly rent of the applicable
restricted unit and shall be payable to the Administrative Agent to
be applied to the costs of administering the controls applicable to
the unit as set forth in this section.
[Ord. No. 2017-01 § 12]
a. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1. Very low-income rental units shall be reserved for households with
a gross household income less than or equal to thirty (30%) percent
of median income.
2. Low-income rental units shall be reserved for households with a gross
household income less than or equal to fifty (50%) percent of median
income.
3. Moderate-income rental units shall be reserved for households with
a gross household income less than eighty (80%) percent of median
income.
b. The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed thirty-five
(35%) percent (forty (40%) percent for age-restricted units) of the
household's eligible monthly income as determined pursuant to N.J.A.C.
5:80-26.16, as may be amended and supplemented; provided, however,
that this limit may be exceeded if one or more of the following circumstances
exists:
1. The household currently pays more than thirty-five (35%) percent
(forty (40%) percent for households eligible for age-restricted units)
of its gross household income for rent, and the proposed rent will
reduce its housing costs;
2. The household has consistently paid more than thirty-five (35%) percent
(forty (40%) percent for households eligible for age-restricted units)
of eligible monthly income for rent in the past and has proven its
ability to pay;
3. The household is currently in substandard or overcrowded living conditions;
4. The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5. The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the Administrative
Agent and the owner of the unit.
c. The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs b, 1 through 5 above
with the Administrative Agent, who shall counsel the household on
budgeting.
[Ord. No. 2017-01 § 13]
a. The position of Municipal Housing Liaison (MHL) for the Borough of
Point Pleasant is established by this section. The Borough shall make
the actual appointment of the MHL by means of a resolution.
1. The MHL must be either a full-time or part-time employee of Point
Pleasant.
2. The person appointed as the MHL must be reported to the Court and
thereafter posted on the Borough's website.
3. The MHL must meet all the requirements for qualifications, including
initial and periodic training.
4. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Point Pleasant, including the following responsibilities which
may not be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the State, affordable housing providers, Administrative
Agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls.
(c)
When applicable, supervising any contracting Administrative
Agent.
(d)
Monitoring the status of all restricted units in the Borough's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ).
b. The Borough of Point Pleasant shall designate by resolution of the
Borough Council, subject to the approval of the Court, one or more
Administrative Agents to administer newly constructed affordable units
in accordance with COAH and UHAC regulations.
c. An Operating Manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the Governing Body. The Operating Manuals
shall be available for public inspection in the Office of the Municipal
Clerk and in the office(s) of the Administrative Agent(s).
d. The Administrative Agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Affordable Housing Professionals of New Jersey (AHPNJ);
7. Processing requests from unit owners; and
8. Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
9. The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
e. The Administrative Agent shall restrict existing affordable units
to very low-income occupants as they turn over until such time that
the very low-income unit obligation is satisfied.
[Ord. No. 2017-01 § 14]
a. Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b. After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of sixty (60)
days after service of the written notice:
1. The municipality may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
(a)
A fine of not more than ten thousand ($10,000.00) dollars or
imprisonment for a period not to exceed ninety (90) days, or both.
Each and every day that the violation continues or exists shall be
considered a separate and specific violation of these provisions and
not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Borough of Point Pleasant Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
2. The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any judgment shall be enforceable as if the same were a judgment of
default of the First Purchase Money Mortgage and shall constitute
a lien against the low- and moderate-income unit.
c. Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
d. The proceeds of the Sheriff's sale shall first be applied to satisfy
the First Purchase Money Mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two (2) years or until such earlier time as the
owner shall make a claim with the municipality for such. Failure of
the owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
e. Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
f. If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the First Purchase Money Mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the First Purchase Money Mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g. Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
h. The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
[Ord. No. 2017-01 § 15]
Appeals from all decisions of an Administrative Agent designated
pursuant to this section shall be filed with the Superior Court of
New Jersey, Ocean County.
Editor's Note: Ord. No. 2021-14 deleted prior §
19-36, Escrow Fees Pursuant to COAH Round 3 Growth Share Regulations, in entirety including Subsections 19-36.1 through 19-36.11. Prior history includes Ord. No. 2006-14.
[Sections 19-37.1 through 19-37.5 were amended in entirety
by Ord. No. 2022-09. Prior ordinance history: Ord.
Nos. 18-2006, 2013-01, 2013-05, 2013-18, 2018-09.]
[Added 5-9-2022 by Ord. No. 2022-09]
These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the Floodplain Management Regulations of the Borough
of Point Pleasant (hereinafter "these regulations").
[Added 5-9-2022 by Ord.
No. 2022-09]
These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section
19-37.102 of these regulations.
[Added 2-14-2022 by Ord.
No. 2022-02]
The purposes and objectives of these regulations are to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific flood hazard
areas through the establishment of comprehensive regulations for management
of flood hazard areas, designed to:
a.
Protect human life and health.
b.
Prevent unnecessary disruption of commerce, access, and public
service during times of flooding.
c.
Manage the alteration of natural floodplains, stream channels
and shorelines.
d.
Manage filling, grading, dredging and other development which
may increase flood damage or erosion potential.
e.
Prevent or regulate the construction of flood barriers which
will divert floodwater or increase flood hazards.
f.
Contribute to improved construction techniques in the floodplain.
g.
Minimize damage to public and private facilities and utilities.
h.
Help maintain a stable tax base by providing for the sound use
and development of flood hazard areas.
i.
Minimize the need for rescue and relief efforts associated with
flooding.
j.
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
k.
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
l.
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 Code of Federal
Regulations, Section 59.22.
[Added 5-9-2022 by Ord.
No. 2022-09]
Pursuant to the requirement established in N.J.A.C. 5:23, the
Uniform Construction Code, that the Borough of Point Pleasant administer
and enforce the State building codes, the Borough Council of the Borough
of Point Pleasant does hereby acknowledge that the Uniform Construction
Code contains certain provisions that apply to the design and construction
of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction
with the Uniform Construction Code.
[Added 5-9-2022 by Ord.
No. 2022-09]
Improvements defined as ordinary building maintenance and minor
work projects by the Uniform Construction Code including non-structural
replacement-in-kind of windows, doors, cabinets, plumbing fixtures,
decks, walls, partitions, new flooring materials, roofing, etc. shall
be evaluated by the Floodplain Administrator through the floodplain
development permit to ensure compliance with the Substantial Damage
and Substantial Improvement Section 19-103.14.
[Added 5-9-2022 by Ord.
No. 2022-09]
The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
[Added 5-9-2022 by Ord.
No. 2022-09]
The provisions of these regulations shall not be deemed to nullify
any provisions of local, State, or Federal law.
[Added 5-9-2022 by Ord.
No. 2022-09]
No structure or land shall hereafter be constructed, re-located
to, extended, converted, or altered without full compliance with the
terms of these regulations and other applicable regulations. Violation
of the provisions of these regulations by failure to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a violation
under N.J.S.A. 40:49-5. Any person who violates these regulations
or fails to comply with any of its requirements shall be subject to
one or more of the following: a fine of not more than $2,000. [under
N.J.S.A. 40:49-5], imprisonment for a term not exceeding 90 days or
a period of community service not exceeding 90 days.
Each day in which a violation exists shall be considered to
be a separate and distinct violation subject to the imposition of
a separate penalty for each day of the violation as the Court may
determine except that the owner will be afforded the opportunity to
cure or abate the condition during a thirty-day period and shall be
afforded the opportunity for a hearing before the court for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1250 [under N.J.S.A.
40:49-5] may be imposed if the court has not determined otherwise,
or if upon reinspection of the property, it is determined that the
abatement has not been substantially completed.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
[Added 5-9-2022 by Ord.
No. 2022-09]
Any person who has unlawfully disposed of solid waste in a floodway
or floodplain who fails to comply with these regulations or fails
to comply with any of its requirements shall upon conviction thereof
be fined not more than $2,500 or up to a maximum penalty by a fine
not exceeding $10,000 under N.J.S.A. 40:49-5.
[Added 5-9-2022 by Ord.
No. 2022-09]
These regulations supersede any ordinance in effect in flood
hazard areas. However, these regulations are not intended to repeal
or abrogate any existing ordinances including land development regulations,
subdivision regulations, zoning ordinances, stormwater management
regulations, or building codes. In the event of a conflict between
these regulations and any other ordinance, code, or regulation, the
more restrictive shall govern.
[Added 5-9-2022 by Ord.
No. 2022-09]
These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Borough of Point Pleasant was accepted for participation
in the National Flood Insurance Program on July 7, 1972.
The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all Federal, State, and Local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA Special Flood Hazard Area. Maps
and studies that establish flood hazard areas are on file at the Point
Pleasant Borough Municipal Building, 2233 Bridge Avenue, Point Pleasant
New Jersey.
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the Best Available Flood Hazard
Data Area:
a.
Effective Flood Insurance Study. Special Flood Hazard Areas
(SFHAs) identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled Flood Insurance Study,
Ocean County New Jersey (All Jurisdictions), Flood Insurance Study
Number 34029CV001C dated December 16, 2021 and the accompanying Flood
Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective
date is June 20, 2018 are hereby adopted by reference.
Table 102.2(1)
|
---|
Map Panel #
|
Effective Date
|
Revision Letter
|
Map Panel #
|
Effective Date
|
Revision Letter
|
---|
34029C0202F
|
9/29/2006
|
F
|
34029C0208
|
6/20/2018
|
G
|
34029C0204F
|
9/29/2006
|
F
|
34029C0212
|
9/29/2006
|
F
|
34029C0206G
|
6/20/2018
|
G
|
34029C0216
|
9/29/2006
|
F
|
b.
Federal Best Available Information. The Borough of Point Pleasant
shall utilize Federal flood information as listed in the table below
that provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include but is not limited to preliminary flood
elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps,
Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available
studies issued after the date of these regulations must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
Table 102.2(2)
|
---|
Map Panel #
|
Preliminary Date
|
Map Panel #
|
Preliminary Date
|
---|
34029C0202G
|
1/30/2015
|
34029C0208H
|
1/30/2015
|
34029C0204G
|
1/30/2015
|
34029C0212G
|
1/30/2015
|
34029C0206H
|
1/30/2015
|
34029C0216G
|
1/30/2015
|
[Added 5-9-2022 by Ord.
No. 2022-09]
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section
19-37.102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by these regulations.
At a minimum, the Local Design Flood Elevation shall be as follows:
a.
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section
19-37.102.2, above, plus three feet or as described by N.J.A.C. 7:13 of freeboard; or
[Amended 12-12-2022 by Ord. No. 2022-15]
b.
For any undelineated watercourse (where mapping or studies described
in Sections 19-37.102.2(1) and 19-37.102.2(2) above are not available)
that has a contributary drainage area of 50 acres or more, the applicants
must provide one of the following to determine the Local Design Flood
Elevation:
1.
A copy of an unexpired NJDEP Flood Hazard Area Verification
plus one foot of freeboard and any additional freeboard as required
by ASCE 24-14; or
2.
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24-14. Any determination using these methods must be sealed and submitted according to Section
19-37.105.2c.
c.
AO Zones. For Zone AO areas on the municipality's FIRM (or on
preliminary flood elevation guidance from FEMA), the Local Design
Flood Elevation is determined from the FIRM panel as the highest adjacent
grade plus the depth number specified plus one foot of freeboard.
If no depth number is specified, the Local Design Flood Elevation
is three feet above the highest adjacent grade.
d.
Class IV Critical Facilities. For any proposed development of
new and substantially improved Flood Design Class IV Critical Facilities,
the Local Design Flood Elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the Flood Hazard Area Design
Flood Elevation with an additional two feet of freeboard in accordance
with ASCE 24.
e.
Class III Critical Facilities. For proposed development of new
and substantially improved Flood Design Class III Critical Facilities
in coastal high hazard areas, the Local Design Flood Elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the Flood Hazard Area Design Flood Elevation with an additional
one foot of freeboard in accordance with ASCE 24.
[Added 5-9-2022 by Ord.
No. 2022-09; amended 12-12-2022 by Ord. No. 2022-15]
The Point Pleasant Borough Construction Official is designated
the Floodplain Administrator. The Floodplain Administrator shall have
the authority to delegate performance of certain duties to other employees.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section
19-37.107 of these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator shall coordinate with the Construction
Official to administer and enforce the flood provisions of the Uniform
Construction Code.
[Added 5-9-2022 by Ord.
No. 2022-09]
The duties of the Floodplain Administrator shall include but
are not limited to:
a.
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section
19-37.102 of these regulations.
b.
Require development in flood hazard areas to be reasonably safe
from flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
c.
Interpret flood hazard area boundaries and provide available
flood elevation and flood hazard information.
d.
Determine whether additional flood hazard data shall be obtained
or developed.
e.
Review required certifications and documentation specified by
these regulations and the building code to determine that such certifications
and documentations are complete.
f.
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section
19-37.103.14 of these regulations.
g.
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
h.
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section
19-37.107 of these regulations.
i.
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
j.
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
k.
Inspect development in accordance with Section
19-37.106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
l.
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section
19-37.107 of these regulations.
m.
Cite violations in accordance with Section
19-37.108 of these regulations.
n.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Borough of Point Pleasant have been modified.
o.
Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section
19-37.102.2.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator and the applicant shall not use
changed flood hazard area boundaries or base flood elevations for
proposed buildings or developments unless the Floodplain Administrator
or applicant has applied for a Conditional Letter of Map Revision
(CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received
the approval of the Federal Emergency Management Agency. A revision
of the effective FIRM does not remove the related feature(s) on a
flood hazard area delineation that has been promulgated by the NJDEP.
A separate application must be made to the State pursuant to N.J.A.C.
7:13 for revision of a flood hazard design flood elevation, flood
hazard area limit, floodway limit, and/or other related feature.
[Added 5-9-2022 by Ord.
No. 2022-09]
It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by Federal or
State agencies having jurisdiction over such development, including
section 404 of the Clean Water Act. In the event of conflicting permit
requirements, the Floodplain Administrator must ensure that the most
restrictive floodplain management standards are reflected in permit
approvals.
[Added 5-9-2022 by Ord.
No. 2022-09]
If design flood elevations are not specified, the Floodplain
Administrator is authorized to require the applicant to:
a.
Obtain, review, and reasonably utilize data available from a
Federal, State, or other source, or
b.
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Sections 19-37.102.2 and 19-37.102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 19-37.103.15.
|
[Added 5-9-2022 by Ord.
No. 2022-09]
Base Flood Elevations may increase or decrease resulting from
natural changes (e.g. erosion, accretion, channel migration, subsidence,
uplift) or man-made physical changes (e.g. dredging, filling, excavation)
affecting flooding conditions. As soon as practicable, but not later
than six months after the date of a man-made change or when information
about a natural change becomes available, the Floodplain Administrator
shall notify the Federal Insurance Administrator of the changes by
submitting technical or scientific data in accordance with Title 44
Code of Federal Regulations Section 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
[Added 5-9-2022 by Ord.
No. 2022-09]
In riverine flood hazard areas where design flood elevations
are specified but floodways have not been designated, the Floodplain
Administrator shall not permit any new construction, substantial improvement
or other development, including the placement of fill, unless the
applicant submits an engineering analysis prepared by a licensed professional
engineer that demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachment, will not increase the design flood
elevation more than 0.2 feet at any point within the community.
[Added 5-9-2022 by Ord.
No. 2022-09]
Prior to issuing a permit for any floodway encroachment, including
fill, new construction, substantial improvements and other development
or land- disturbing-activity, the Floodplain Administrator shall require
submission of a certification prepared by a licensed professional
engineer, along with supporting technical data, that demonstrates
that such development will not cause any increase in the base flood
level.
[Added 5-9-2022 by Ord.
No. 2022-09]
A floodway encroachment that increases the level of the base
flood is authorized if the applicant has applied for a Conditional
Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
and has received the approval of FEMA.
[Added 5-9-2022 by Ord.
No. 2022-09]
Prior to issuing a permit for any alteration or relocation of
any watercourse, the Floodplain Administrator shall require the applicant
to provide notification of the proposal to the appropriate authorities
of all adjacent government jurisdictions, as well as the NJDEP Bureau
of Flood Engineering and the Division of Land Resource Protection.
A copy of the notification shall be maintained in the permit records
and submitted to FEMA.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator shall require submission of an
engineering analysis prepared by a licensed professional engineer,
demonstrating that the flood-carrying capacity of the altered or relocated
portion of the watercourse will be maintained, neither increased nor
decreased. Such watercourses shall be maintained in a manner that
presprves the channel's flood-carrying capacity.
[Added 5-9-2022 by Ord.
No. 2022-09]
The excavation or alteration of sand dunes is governed by the
New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior
to issuing a flood damage prevention permit for any alteration of
sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain
Administrator shall require that a New Jersey CZM permit be obtained
and included in the flood damage prevention permit application. The
applicant shall also provide documentation of any engineering analysis,
prepared by a licensed professional engineer, that demonstrates that
the proposed alteration will not increase the potential for flood
damage.
[Added 5-9-2022 by Ord.
No. 2022-09]
All development in Riparian Zones as described in N.J.A.C. 7:13
is prohibited by these regulations unless the applicant has received
an individual or general permit or has complied with the requirements
of a permit by rule or permit by certification from NJDEP Division
of Land Resource Protection prior to application for a floodplain
development permit and the project is compliant with all other Floodplain
Development provisions of these regulations. The width of the riparian
zone can range between 50 and 300 feet and is determined by the attributes
of the waterbody and designated in the New Jersey Surface Water Quality
Standards N.J.A.C. 7:9B. The portion of the riparian zone located
outside of a regulated water is measured landward from the top of
bank. Applicants can request a verification of the riparian zone limits
or a permit applicability determination to determine State permit
requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource
Protection.
[Added 5-9-2022 by Ord.
No. 2022-09]
When buildings and structures are damaged due to any cause including
but not limited to man-made, structural, electrical, mechanical, or
natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
a.
Estimate the market value, or require the applicant to obtain
a professional appraisal prepared by a qualified independent appraiser,
of the market value of the building or structure before the start
of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before
the damage occurred and before any repairs are made.
b.
Determine and include the costs of all ordinary maintenance
and minor work, as discussed in Section 102.2, performed in the floodplain
regulated by these regulations in addition to the costs of those improvements
regulated by the Construction Official in substantial damage and substantial
improvement calculations.
c.
Compare the cost to perform the improvement, the cost to repair
the damaged building to its pre-damaged condition, or the combined
costs of improvements and repairs, where applicable, to the market
value of the building or structure.
d.
Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage. This determination
requires the evaluation of improvements and repairs, or substantial
damage determination as specified in the definition of substantial
improvement for a cumulative period of five years.
[Amended 12-12-2022 by Ord. No. 2022-15]
e.
Notify the applicant in writing when it is determined that the
work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood resistant construction requirements
of the building code is required and notify the applicant when it
is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood resistant construction requirements of the building code
to the NJDEP Bureau of Flood Engineering.
[Added 5-9-2022 by Ord.
No. 2022-09]
In addition to the requirements of the building code and these
regulations, and regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall
maintain and permanently keep and make available for public inspection
all records that are necessary for the administration of these regulations
and the flood provisions of the Uniform Construction Code, including
Flood Insurance Studies, Flood Insurance Rate Maps; documents from
FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance
of permits and denial of permits; records of ordinary maintenance
and minor work, determinations of whether proposed work constitutes
substantial improvement or repair of substantial damage; required
certifications and documentation specified by the Uniform Construction
Code and these regulations including as-built Elevation Certificates;
notifications to adjacent communities, FEMA, and the State related
to alterations of watercourses; assurance that the flood carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the Local Design Flood Elevation in the floodplain development permit.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator and any employee charged with the
enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
Any person, owner or authorized agent who intends to conduct
any development in a flood hazard area shall first make application
to the Floodplain Administrator and shall obtain the required permit.
Depending on the nature and extent of proposed development that includes
a building or structure, the Floodplain Administrator may determine
that a floodplain development permit or approval is required in addition
to a building permit.
[Added 5-9-2022 by Ord.
No. 2022-09]
The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. Such application shall:
a.
Identify and describe the development to be covered by the permit.
b.
Describe the land on which the proposed development is to be
conducted by legal description, street address or similar description
that will readily identify and definitively locate the site.
c.
Indicate the use and occupancy for which the proposed development
is intended.
d.
Be accompanied by a site plan and construction documents as
specified in Section 105 of these regulations, grading and filling
plans and other information deemed appropriate by the Floodplain Administrator.
e.
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
f.
Be signed by the applicant or the applicant's authorized agent.
[Added 5-9-2022 by Ord.
No. 2022-09]
The issuance of a permit under these regulations or the Uniform
Construction Code shall not be construed to be a permit for, or approval
of, any violation of this appendix or any other ordinance of the jurisdiction.
The issuance of a permit based on submitted documents and information
shall not prevent the Floodplain Administrator from requiring the
correction of errors. The Floodplain Administrator is authorized to
prevent occupancy or use of a structure or site which is in violation
of these regulations or other ordinances of this jurisdiction.
[Added 5-9-2022 by Ord.
No. 2022-09]
A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator is authorized to suspend or revoke
a permit issued under these regulations wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information,
or in violation of any ordinance or code of this jurisdiction.
[Added 12-12-2022 by Ord. No. 2022-15]
a. Prior
to the review and/or issuance of any floodplain development permit,
the applicant, developer and/or property owner shall pay to the Borough
the sum of $25 for the permit
b. Additionally,
review fees shall be paid to the Borough in accordance with the following
schedule:
1. Initial review fee for floodplain development pertaining to the building
of new construction, reconstruction, rebuilding, remodeling, placement
of manufactured homes, or other habitable structures, mining, dredging,
culverts and/or bridges: $250.
2. Initial Review fee for floodplain development to any or all other
items not listed above, including, but not limited to, filling, grading,
paving, excavation, drilling operations, storage of equipment or materials,
park and playground construction, placement of small outbuildings
and/or accessory structures, including detached garages, kennels,
sheds, and playhouses, carports, picnic shelters, pools, pool equipment,
fences, walls, clearing of trees and other vegetation, placement of
driveway, curb, sidewalk, long-term storage of equipment and/or materials,
including firewood, roofing, siding and ordinary maintenance: $50.
3. Subsequent review fee for each revised submission for floodplain
development shall be 50% of the initial review fee, as noted above
for the respective types of development.
[Added 5-9-2022 by Ord.
No. 2022-09]
The site plan or construction documents for any development
subject to the requirements of these regulations shall be drawn to
scale and shall include, as applicable to the proposed development:
a.
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
b.
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section
19-37.105.2.
c.
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section
19-37.105.2c of these regulations.
d.
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A zones, new buildings shall be located landward
of the reach of mean high tide.
e.
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
f.
Where the placement of fill is proposed, the amount, type, and
source of fill material; compaction specifications; a description
of the intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
g.
Extent of any proposed alteration of sand dunes.
h.
Existing and proposed alignment of any proposed alteration of
a watercourse.
i.
Floodproofing certifications, V Zone and Breakaway Wall Certifications,
Operations and Maintenance Plans, Warning and Evacuation Plans and
other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
[Added 5-9-2022 by Ord.
No. 2022-09]
Where flood hazard areas are delineated on the effective or
preliminary FIRM and base flood elevation data have not been provided,
the applicant shall consult with the Floodplain Administrator to determine
whether to:
a.
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
b.
Obtain, review, and reasonably utilize data available from a
Federal, State or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
c.
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
6 as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a Letter of Map
Change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
[Added 5-9-2022 by Ord.
No. 2022-09]
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
a.
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section
19-37.105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
b.
For development activities proposed to be located in a riverine
flood hazard area where base flood elevations are included in the
FIS or FIRM but floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated flood hazard area encroachments will not increase the
base flood elevation more than 0.2 feet at any point within the jurisdiction.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
c.
For alteration of a watercourse, an engineering analysis prepared
in accordance with standard engineering practices which demonstrates
that the flood-carrying capacity of the altered or relocated portion
of the watercourse will not be decreased, and certification that the
altered watercourse shall be maintained, neither increasing nor decreasing
the channel's flood-carrying capacity. The applicant shall submit
the analysis to FEMA as specified in Section 105.4 of these regulations.
The applicant shall notify the chief executive officer of all affected
adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and
the Division of Land Resource Protection; and shall provide documentation
of such notifications.
d.
For activities that propose to alter sand dunes in coastal high
hazard areas (Zone V) and Coastal A Zones, an engineering analysis
that demonstrates that the proposed alteration will not increase the
potential for flood damage and documentation of the issuance of a
New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
e.
For analyses performed using Methods 5 and 6 (as described in
N.J.A.C. 7:13) in flood hazard zones without base flood elevations
(approximate A zones).
[Added 5-9-2022 by Ord.
No. 2022-09]
When additional hydrologic, hydraulic or other engineering data,
studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a Letter of Map Change (LOMC)
from FEMA to change the base flood elevations, change floodway boundaries,
or change boundaries of flood hazard areas shown on FIRMs, and to
submit such data to FEMA for such purposes. The analyses shall be
prepared by a licensed professional engineer in a format required
by FEMA. Submittal requirements and processing fees shall be the responsibility
of the applicant.
[Added 5-9-2022 by Ord.
No. 2022-09]
Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the building code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the building
code or other ordinances shall not be valid.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator shall inspect all development in
flood hazard areas authorized by issuance of permits under these regulations.
The Floodplain Administrator shall inspect flood hazard areas from
time to time to determine if development is undertaken without issuance
of a permit.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Construction Official shall make or cause to be made, inspections
for buildings and structures in flood hazard areas authorized by permit
in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
a.
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section
19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.
b.
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section
19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.
c.
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section
19-37.801.2.
d.
Final inspection. Prior to the final inspection, certification of the elevation required in Section
19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator shall inspect manufactured homes
that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an Elevation
Certificate to the Floodplain Administrator prior to the final inspection.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Point Pleasant Borough Zoning Board shall hear and decide requests for variances. The Point Pleasant Borough Zoning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section
19-37.107.5, the conditions of issuance set forth in Section
19-37.107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Point Pleasant Borough Zoning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
A variance to the substantial improvement requirements of these
regulations is authorized provided that the repair or rehabilitation
of a historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and R322 of the International
Residential Code, the repair or rehabilitation will not preclude the
structure's continued designation as a historic structure, the structure
meets the definition of the historic structure as described by these
regulations, and the variance is the minimum necessary to preservice
the historic character and design of the structure.
[Added 5-9-2022 by Ord.
No. 2022-09]
A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally
dependent use provided the variance is the minimum necessary to allow
the construction or substantial improvement, and that all due consideration
has been given to use of methods and materials that minimize flood
damage during the base flood and create no additional threats to public
safety.
[Added 5-9-2022 by Ord.
No. 2022-09]
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section
19-37.105.3a of these regulation.
[Added 5-9-2022 by Ord.
No. 2022-09]
In reviewing requests for variances, all technical evaluations,
all relevant factors, all other portions of these regulations, and
the following shall be considered:
a.
The danger that materials and debris may be swept onto other
lands resulting in further injury or damage.
b.
The danger to life and property due to flooding or erosion damage.
c.
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
d.
The importance of the services provided by the proposed development
to the community.
e.
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
f.
The compatibility of the proposed development with existing
and anticipated development.
g.
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
h.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
i.
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
j.
The costs of providing governmental services during and after
flood conditions including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, streets,
and bridges.
[Added 5-9-2022 by Ord.
No. 2022-09]
Variances shall only be issued upon:
a.
Submission by the applicant of a showing of good and sufficient
cause that the unique characteristics of the size, configuration or
topography of the site limit compliance with any provision of these
regulations or renders the elevation standards of the building code
inappropriate.
b.
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
land that render the lot undevelopable.
c.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
d.
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
e.
Notification to the applicant in writing over the signature
of the Floodplain Administrator that the issuance of a variance to
construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and that such construction below the base
flood level increases risks to life and property.
[Added 5-9-2022 by Ord.
No. 2022-09]
Any development in any flood hazard area that is being performed
without an issued permit or that is in conflict with an issued permit
shall be deemed a violation. A building or structure without the documentation
of elevation of the lowest floor, the lowest horizontal structural
member if in a V or Coastal A Zone, other required design certifications,
or other evidence of compliance required by the building code is presumed
to be a violation until such time as that documentation is provided.
[Added 5-9-2022 by Ord.
No. 2022-09]
The Floodplain Administrator is authorized to serve notices
of violation or stop work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work for
development that is not within the scope of the Uniform Construction
Code, but is regulated by these regulations and that is determined
to be a violation.
[Added 5-9-2022 by Ord.
No. 2022-09]
Any person who shall continue any work after having been served
with a notice of violation or a stop work order, except such work
as that person is directed to perform to remove or remedy a violation
or unsafe condition, shall be subject to penalties as prescribed by
N.J.S.A. 40:49-5 as appropriate.
[Added 5-9-2022 by Ord.
No. 2022-09]
A thirty-day period shall be given to the property owner as
an opportunity to cure or abate the condition. The property owner
shall also be afforded an opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
or amount up to $2,000 under [N.J.S.A. 40:49-5] may be imposed if
a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
[Added 5-9-2022 by Ord.
No. 2022-09]
The following words and terms shall, for the purposes of these
regulations, have the meanings shown herein. Other terms are defined
in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined
where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
[Added 5-9-2022 by Ord.
No. 2022-09]
As used in these regulations:
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the
Base Flood Elevation.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
A ZONES
Areas of 'Special Flood Hazard in which the elevation of
the surface water resulting from a flood that has a 1% annual chance
of equaling or exceeding the Base Flood Elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in these regulations,
A Zones are not inclusive of Coastal A Zones because of the higher
building code requirements for Coastal A Zones.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant
structures. An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the Base Flood Elevation (BFE) as any
other nonresidential building. Under some circumstances it may be
appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
AH ZONES
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base Flood Elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
AO ZONES
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
ASCE 24
The standard for Flood Resistant Design and Construction,
referenced by the building code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code [N.J.A.C. 5:23].
ASCE 7
The standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the building code and developed and
published by the American Society of Civil Engineers, Reston, VA.
which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads including those from natural hazards. Flood
related equations include those for determining erosion, scour, lateral,
vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and
debris impact.
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation".
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance
FEMA has provided. The Best Available Flood Hazard Data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, Work Maps,
or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA
The areal mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The Best Available
Flood Hazard Data may be depicted on but not limited to Advisory Flood
Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance
FEMA has provided. The Best Available Flood Hazard Data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, Work Maps,
or Preliminary FIS and FIRM.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the Local Design
Flood Elevation, it will collapse under specific lateral loads such
that (1) it allows the free passage of floodwaters, and (2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone Certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
BUILDING
Per the FHACA, "Building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
COASTAL A ZONE
An Area of Special Flood Hazard starting from a Velocity
(V) Zone and extending up to the landward Limit of the Moderate Wave
Action delineation. Where no V Zone is mapped the Coastal A Zone is
the portion between the open coast and the landward Limit of the Moderate
Wave Action delineation. Coastal A Zones may be subject to wave effects,
velocity flows, erosion, scour, or a combination of these forces.
Construction and development in Coastal A Zones is to be regulated
similarly to V Zones/Coastal High Hazard Areas except as allowed by
ASCE 24.
COASTAL HIGH HAZARD AREA
An Area of Special Flood Hazard inclusive of the V Zone extending
from offshore to the inland limit of a primary frontal dune along
an open coast and any other area subject to high velocity wave action
from storms or seismic sources.
CONDITIONAL LETTER OF MAP REVISION
A Conditional Letter of Map Revision (CLOMR) is FEMA's comment
on a proposed project that would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result
in the modification of the existing regulatory floodway, the effective
Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
The letter does not revise an effective NFIP map, it indicates whether
the project, if built as proposed, would be recognized by FEMA. FEMA
charges a fee for processing a CLOMR to recover the costs associated
with the review that is described in the Letter of Map Change (LOMC)
process. Building permits cannot be issued based on a CLOMR, because
a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A Conditional Letter of Map Revision - Fill (CLOMR-F) is
FEMA’s comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective Base Flood Elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The letter does not revise an effective NFIP map, it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the Letter of
Map Change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
a.
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
b.
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day care center, assisted
living facility, or nursing home.
DEEP FOUNDATIONS
Per ASCE 24, deep foundations refer to those foundations
constructed on erodible soils in Coastal High Hazard and Coastal A
Zones which are founded on piles, drilled shafts, caissons, or other
types of deep foundations and are designed to resist erosion and scour
and support lateral and vertical loads as described in ASCE 7. Foundations
shall extend to 10 feet below Mean Water Level (MWL) unless the design
demonstrates that pile penetration will provide sufficient depth and
stability as determined by ASCE 24, ASCE 7, and additional geotechnical
investigations if any unexpected conditions are encountered during
construction.
DEVELOPMENT
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a Letter of Map Amendment (LOMA) or Letter of Map Revision based on
fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the State, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A zone to a V zone or coastal A zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
- 3.6 and is typically higher than FEMA’s base flood elevation.
A water that has a drainage area measuring less than 50 acres does
not possess, and is not assigned, a flood hazard area design flood
elevation.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING
a.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulation or runoff of surface waters
from any source.
3.
Mudslides (I.e. mudflows) which are proximately caused by flooding
as defined in paragraph a2 of this definition and are akin to a river
or liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along
the path of the current.
b.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph a2 of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such State or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the
design and methods of construction for floodproofing a non-residential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade that
meets or exceeds the Local Design Flood Elevation. A completed floodproofing
certificate is required at permit application.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multi-residence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a non-habitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to Section
19-37.107 of these regulations, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Point Pleasant Borough Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c.
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
d.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
1.
By an approved State program as determined by the Secretary
of the Interior; or
2.
Directly by the Secretary of the Interior in States without
approved programs.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use,
which meets all Federal, State, and local laws, and which is not in
violation of the FHACA because it was established:
a.
Prior to January 31, 1980; or
b.
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in these regulations to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
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LETTER OF MAP AMENDMENT
A Letter of Map Amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the Letter of Map Change (LOMC) process.
A LOMA establishes a property's location in relation to the Special
Flood Hazard Area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an Area of Special Flood Hazard on an Flood Insurance
Rate Map (FIRM). Conditional Letters of Map Revision, Conditional
Letters of Map Revision - Fill, Letters of Map Revision, Letters of
Map Revision-Fill, and Letters of Map Amendment are requested through
the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
A Letter of Map Revision (LOMR) is FEMA's modification to
an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective Base Flood Elevations (BFEs), or the Special Flood Hazard
Area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master flood
map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A Letter of Map Revision Based on Fill (LOMR-F) is FEMA’s
modification of the Special Flood Hazard Area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway may be initiated through the Letter
of Map Change (LOMC) Process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM) map, it is a public
record that the community must maintain. Any LOMR-F should be noted
on the community’s master flood map and filed by panel number
in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New
Jersey Licensed Professional Engineer, licensed by the New Jersey
State Board of Professional Engineers and Land Surveyors or a New
Jersey Licensed Architect, licensed by the New Jersey State Board
of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
LIMIT OF MODERATE WAVE ACTION (LiMWA)
Inland limit of the area affected by waves greater than 1.5
feet during the Base Flood. Base Flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than those in the
VE Zone.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on but not
limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's ordinance.
In no circumstances shall a project's LDFE be lower than a permit-specified
Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard
Area Verification Letter plus the freeboard as required in ASCE 24
and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor provided that such enclosure is not built so as to render
the structure in violation of other applicable non-elevation design
requirements of these regulations.
LOWEST HORIZONTAL STRUCTURAL MEMBER
In an elevated building in a Coastal A or Coastal High Hazard
Zone, the lowest beam, joist, or other horizontal member that supports
the building is the lowest horizontal structural member. Grade beams
installed to support vertical foundation members where they enter
the ground are not considered lowest horizontal members.
MANUFACTURED HOME
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
MARKET VALUE
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods (1) Actual Cash Value (replacement cost depreciated for age
and quality of construction), (2) tax assessment value adjusted to
approximate market value by a factor provided by the Property Appraiser,
or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include but are not limited
to replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air conditioning equipment,
exhaust fans, built in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of State or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices and has no permanently attached
additions.
RESIDENTIAL
Pursuant to the ASCE 24:
a.
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or non-transient
basis;
b.
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multi-family dwellings, apartments,
congregate residences, boarding houses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
c.
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including
but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
SOLID WASTE DISPOSAL
Solid Waste Disposal shall mean the storage, treatment, utilization,
processing or final disposition of solid waste as described in N.J.A.C.
7:26-1.6 or the storage of unsecured materials as described in N.J.A.C.
7:13-2.3 for a period of greater than six months as specified in N.J.A.C.
7:26 which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: (1) Land in the floodplain
within a community subject to a 1% or greater chance of flooding in
any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30,
AE, A99, or AH; (2) Land and the space above that land, which lies
below the peak water surface elevation of the flood hazard area design
flood for a particular water, as determined using the methods set
forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C.
7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF
SPECIAL FLOOD HAZARD.
START OF CONSTRUCTION
The Start of Construction is as follows:
a.
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA), this is the date the
building permit was issued, provided that the actual start of construction,
repair, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a building on site,
such as the pouring of a slab or footing, the installation of piles,
the construction of columns or any work beyond the stage of excavation;
or the placement of a manufactured (mobile) home on a foundation.
For a substantial improvement, actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
b.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and Base Flood Elevation's (BFEs) increase
or zones change, the Start of Construction includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and Base Flood Elevation's (BFEs)
increase or zones change.
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For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
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For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
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STRUCTURE
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place, the cost of which equals or exceeds 50%
of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
a.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
b.
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
THIRTY-DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal after a notice of violation pertaining to these
regulations has been issued.
V ZONE CERTIFICATE
A certificate that contains a certification signed by a licensed
design professional certifying that the designs, plans, and specifications
and the methods of construction in V Zones and Coastal A Zones are
in accordance with accepted standards of practice. This certificate
also includes an optional Breakaway Wall Design Certification for
enclosures in these zones below the Best Available Flood Hazard Data
Elevation. A completed certification is required at permit application.
V ZONES
Areas of Special Flood Hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the Base Flood Elevation in any given year shown
on the Flood Insurance Rate Map (FIRM) zones V1-V30 and VE and is
referred to as the Coastal High Hazard Area.
VARIANCE
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations
or the flood provisions of the building code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in these regulations is presumed
to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the flood plains of coastal or riverine
areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage
resistant materials and construction techniques in areas of a structure
that are below the Local Design Flood Elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and non-residential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[Added 5-9-2022 by Ord.
No. 2022-09]
Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
a.
All such proposals are consistent with the need to minimize
flood damage.
b.
All public utilities and facilities, such as sewer, gas, electric
and water systems are located and constructed to minimize or eliminate
flood damage.
c.
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
[Added 5-9-2022 by Ord.
No. 2022-09]
Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the
following shall be required:
a.
The flood hazard area, including floodways, coastal high hazard
areas, and Coastal A Zones, and base flood elevations, as appropriate,
shall be delineated on tentative subdivision plats.
b.
Residential building lots shall be provided with adequate buildable
area outside the floodway.
c.
The design criteria for utilities and facilities set forth in
these regulations and appropriate codes shall be met.
[Added 5-9-2022 by Ord.
No. 2022-09]
Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section
19-37.105.3a of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section
19-37.105.3a is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section
19-37.801.2 of these regulations and the floodway requirements of N.J.A.C. 7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
The following are prohibited activities:
a.
The storage of unsecured materials is prohibited within a floodway
pursuant to N.J.A.C. 7:13.
b.
Fill and new structures are prohibited in floodways per N.J.A.C.
7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
In Coastal High Hazard Areas and Coastal A Zones:
a.
New buildings shall only be authorized landward of the reach
of mean high tide.
b.
The placement of manufactured homes shall be prohibited except
in an existing manufactured home park or subdivision.
c.
Basements or enclosures that are below grade on all sides are
prohibited.
d.
The use of fill for structural support of buildings is prohibited.
[Added 5-9-2022 by Ord.
No. 2022-09]
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter
7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
[Added 5-9-2022 by Ord.
No. 2022-09]
All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter
7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
[Added 5-9-2022 by Ord.
No. 2022-09]
Storm drainage shall be designed to convey the flow of surface
waters to minimize or eliminate damage to persons or property.
[Added 5-9-2022 by Ord.
No. 2022-09]
Streets and sidewalks shall be designed to minimize potential
for increasing or aggravating flood levels.
[Added 5-9-2022 by Ord.
No. 2022-09]
Subject to the limitations of these regulations, fill shall
be designed to be stable under conditions of flooding including rapid
rise and rapid drawdown of floodwater, prolonged inundation, and protection
against flood-related erosion and scour. In addition to these requirements,
when intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed
fill and encroachments in flood hazard areas shall comply with the
flood storage displacement limitations of N.J.A.C. 7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by Section
19-37.105.3d of these regulations demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section
19-37.801.9c of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).
[Added 5-9-2022 by Ord.
No. 2022-09]
The placement or storage of any containers holding hazardous
substances in a flood hazard area is prohibited unless the provisions
of N.J.A.C. 7:13 which cover the placement of hazardous substances
and solid waste is met.
[Added 5-9-2022 by Ord.
No. 2022-09]
All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
[Added 5-9-2022 by Ord.
No. 2022-09]
All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section
19-37.801.2.
[Added 5-9-2022 by Ord.
No. 2022-09]
All new, relocated, and replacement manufactured homes, including
substantial improvement of existing manufactured homes, shall be placed
on permanent, reinforced foundations that are designed in accordance
with Section R322 of the Residential Code.
[Added 5-9-2022 by Ord.
No. 2022-09]
All new, relocated, and replacement manufactured homes to be
placed or substantially improved in a flood hazard area shall be installed
using methods and practices which minimize flood damage and shall
be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement. This requirement
is in addition to applicable State and local anchoring requirements
for resisting wind forces.
[Added 5-9-2022 by Ord.
No. 2022-09]
Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section
19-37.801.2.
[Added 5-9-2022 by Ord.
No. 2022-09]
Mechanical equipment and outside appliances shall be elevated
to or above the elevation of the bottom of the frame required in Section
801.2 of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 19-37.801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
|
[Added 5-9-2022 by Ord.
No. 2022-09]
The placement of recreational vehicles shall not be authorized
in coastal high hazard areas and in floodways.
[Added 5-9-2022 by Ord.
No. 2022-09]
Recreational vehicles in flood hazard areas shall be fully licensed
and ready for highway use and shall be placed on a site for less than
180 consecutive days.
[Added 5-9-2022 by Ord.
No. 2022-09]
Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section
19-37.801.2 for habitable buildings.
[Added 5-9-2022 by Ord.
No. 2022-09]
Underground and above-ground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
All development and building work, including man-made changes
to improved or unimproved real estate for which specific provisions
are not specified in these regulations or the Uniform Construction
Code (N.J.A.C. 5:23), shall:
a.
Be located and constructed to minimize flood damage;
b.
Meet the limitations of Section
19-37.105.3a of these regulations when located in a regulated floodway;
c.
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section
19-37.102.3;
d.
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter
5;
e.
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section
19-37.102.3 or meet the requirements of ASCE 24 Chapter
7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
1.
Specifically allowed below the Local Design Flood Elevation;
and
2.
Designed, constructed, and installed to prevent floodwaters,
including any backflow through the system from entering or accumulating
within the components.
f.
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
g.
Not exceed the impacts to frequency or depth of offsite flooding
as required by N.J.A.C. 7:13 in floodways.
[Added 5-9-2022 by Ord.
No. 2022-09]
a.
Construction and Elevation in A Zones not including Coastal
A Zones.
1.
No portion of a building is located within a V Zone.
2.
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter
4.
3.
All new construction and substantial improvement of any habitable building (as defined in Section 201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
4.
All new construction and substantial improvements of non-residential
structures shall:
(a)
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section
19-37.102.3, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate; or
(b)
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
(1) Meets the requirements of ASCE 24 Chapters
2 and
7; and
(2) Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a Floodproofing
Certificate, and is confirmed by an Elevation Certificate.
5.
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
(a)
For habitable structures, be situated at or above the adjoining
exterior grade along at least one entire exterior wall, in order to
provide positive drainage of the enclosed area in accordance with
N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which
are below grade on all sides are prohibited;
(b)
Be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters
unless the structure is non-residential and the requirements of 19-37.801.2a4(b)
are met;
(c)
Be constructed to meet the requirements of ASCE 24 Chapter
2;
(d)
Have openings documented on an Elevation Certificate; and
(e)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to occupancy. Deed restrictions must explain and disclose
that:
(1) The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
(2) The depth of flooding that the enclosure would
experience to the Flood Hazard Area Design Flood Elevation;
(3) The deed restriction prohibits habitation of the
enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement.
b.
Construction and Elevation in V Zones and Coastal A Zones.
1.
All new construction and substantial improvements shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter
4 which are signed by a licensed design professional and certified by that individual in a V Zone Certificate.
2.
All new construction and substantial improvement of any habitable building (as defined in Section
19-37.201) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the Local Design Flood Elevation as determined in Section
19-37.102.3, be in conformance with ASCE Chapter
7, and be confirmed by an Elevation Certificate.
3.
All new construction and substantial improvements of non-residential
structures shall:
(a)
Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE 24 Chapter
7, and be confirmed by an Elevation Certificate; or
(b)
Together with the attendant utility and sanitary facilities,
be designed so that below the Local Design Flood Elevation, the structure:
(1) Meets the requirements of ASCE 24 Chapters
4 and
7; and
(2) Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a Floodproofing
Certificate, and is confirmed by an Elevation Certificate.
4.
All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. All breakaway walls shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter
4, signed by a licensed design professional, and certified by that individual in a Breakaway Wall Certificate.
5.
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
(a)
Be situated at or above the adjoining exterior grade along at
least one entire exterior wall, in order to provide positive drainage
of the enclosed area in accordance with N.J.A.C. 7:13; enclosures
(including crawlspaces and basements) which are below grade on all
sides are prohibited.
(b)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section
19-37.801.2b3(b) are met;
(c)
Be constructed to meet the requirements of ASCE 24 Chapter
4;
(d)
Have openings documented on an Elevation Certificate and have breakaway wall construction documented on a Breakaway Wall Certificate unless the requirements of Section
19-37.801.2b3(b) are met for a non-residential structure; and
(e)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the Office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to occupancy. Deed restrictions must explain and disclose
that:
(1) The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
(2) The depth of flooding that the enclosure would
experience to the Flood Hazard Area Design Flood Elevation;
(3) The deed restriction prohibits habitation of the
enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement;
[Added 5-9-2022 by Ord.
No. 2022-09]
Garages and accessory storage structures shall be designed and
constructed in accordance with the Uniform Construction Code.
[Added 5-9-2022 by Ord.
No. 2022-09]
Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section
19-37.105.3a of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section
19-37.107 of these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section
19-37.105.3a of these regulations and N.J.A.C. 7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
Swimming pools shall be designed and constructed in accordance
with the Uniform Construction Code.
[Added 5-9-2022 by Ord.
No. 2022-09]
a.
For any railroad, roadway, or parking area proposed in a flood
hazard area, the travel surface shall be constructed at least one
foot above the Flood Hazard Area Design Elevation in accordance with
N.J.A.C. 7:13.
b.
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section
19-37.105.3a of these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
In Coastal High Hazard Areas (V Zones) and Coastal A Zones,
development activities other than buildings and structures shall be
permitted only when also authorized by the appropriate Federal, State
or local authority; when located outside the footprint of, and not
structurally attached to, buildings and structures; and when analyses
prepared by a licensed professional engineer demonstrates no harmful
diversion of floodwater or wave runup and wave reflection that would
increase damage to adjacent buildings and structures. Such other development
activities include but are not limited to:
a.
Bulkheads, seawalls, retaining walls, revetments, and similar
erosion control structures;
b.
Solid fences and privacy walls, and fences prone to trapping
debris, unless designed and constructed to fail under flood conditions
less than the base flood or otherwise function to avoid obstruction
of floodwater; and
c.
On-site filled or mound sewage systems.
[Added 5-9-2022 by Ord.
No. 2022-09]
In coastal high hazard areas and Coastal A Zones:
a.
Minor grading and the placement of minor quantities of nonstructural
fill shall be permitted for landscaping and for drainage purposes
under and around buildings.
b.
Nonstructural fill with finished slopes that are steeper than
one unit vertical to five units horizontal shall be permitted only
when an analysis prepared by a licensed professional engineer demonstrates
no harmful diversion of floodwater or wave runup and wave reflection
that would increase damage to adjacent buildings and structures.
c.
Sand dune construction and restoration of sand dunes under or
around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave runup
and wave reflection where the scale and location of the dune work
is consistent with local beach-dune morphology and the vertical clearance
is maintained between the top of the sand dune and the lowest horizontal
structural member of the building.
[Added 5-9-2022 by Ord.
No. 2022-09]
Temporary structures shall be erected for a period of less than
180 days. Temporary structures shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrostatic loads, including
the effects of buoyancy, during conditions of the base flood. Fully
enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit
of flood waters.
[Added 5-9-2022 by Ord.
No. 2022-09]
Temporary storage includes storage of goods and materials for
a period of less than 180 days. Stored materials shall not include
hazardous materials.
[Added 5-9-2022 by Ord.
No. 2022-09]
Temporary structures and temporary storage in floodways shall meet the requirements of Section
19-37.105.3a of these regulations.
[Added 5-9-2022 by Ord.
No. 2022-09]
In accordance with Section 312 of the International Building
Code, Utility and Miscellaneous Group U includes buildings and structures
that are accessory in character and miscellaneous structures not classified
in any specific occupancy in the Building Code, including, but not
limited to, agricultural buildings, aircraft hangars (accessory to
a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 square feet), fences
more than six feet (1,829 mm) high, grain silos (accessory to a residential
occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
[Added 5-9-2022 by Ord.
No. 2022-09]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section
19-37.102.3.
[Added 5-9-2022 by Ord.
No. 2022-09]
Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section
19-37.102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
[Added 5-9-2022 by Ord.
No. 2022-09]
Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section
19-37.801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
[Added 5-9-2022 by Ord.
No. 2022-09]
Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section
19-37.102.3.
[Added 5-9-2022 by Ord.
No. 2022-09]
Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section
19-37.102.3.
Exception: Electrical systems, equipment
and components, and heating, ventilating, air conditioning, and plumbing
appliances, plumbing fixtures, duct systems, and other service equipment
shall be permitted to be located below the Local Design Flood Elevation
provided that they are designed and installed to prevent water from
entering or accumulating within the components and to resist hydrostatic
and hydrodynamic loads and stresses, including the effects of buoyancy,
during the occurrence of flooding to the Local Design Flood Elevation
in compliance with the flood-resistant construction requirements of
ASCE 24. Electrical wiring systems shall be permitted to be located
below the Local Design Flood Elevation provided they conform to the
provisions of NFPA 70 (National Electric Code).
|
[Added 3-25-2019 by Ord.
No. 2019-03]
a. The definitions set forth in §§
19-3 and
19-37 are fully incorporated herein by reference and applicable to this section.
b. Definitions.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available flood risk guidance FEMA has provided.
The best available flood hazard data may be depicted on but not limited
to advisory flood hazard area maps, work maps or preliminary FIS and
FIRM.
c. The building height for any new construction, reconstruction or substantial
improvement of an existing structure shall not exceed a height of
35 feet measured from the effective FIRM elevations or best available
flood hazard data, whichever is more restrictive. The maximum height
from finished floor shall be 32 feet.
[Added 7-22-2019 by Ord. No. 2019-15]
For the purposes of this section, "application for development"
shall have the same meaning as that set forth in N.J.S.A. 40:5D-3.
In the event that the Construction Official or the Zoning Office
of the Borough shall determine that any condition contained in a resolution
or court order approving an application for development is being violated,
he shall notify the property owner, in writing, of his findings and
order that the violation be corrected within 30 days of the notice.
Conditions contained in a resolution approving an application for
development shall be deemed to be continuing conditions, and the property
owner or subsequent transferees of the real property shall be responsible
for the maintenance, replacement and repair of any improvements required
by such conditions, including, but not limited to, the replacement
of any required plantings which fail to survive.
Any person who fails to correct a violation after receiving
written notice thereof and expiration of the time period in the notice
shall be subject to the maximum fines and penalties established under
N.J.S.A. 40:49-5, and as same shall be amended from time to time.
Each and every day a violation of this section shall exist shall constitute
a separate violation.
[Ord. #2018-06; amended 3-14-2022 by Ord. No. 2022-05]
a. Definitions. The following definitions shall apply to this chapter.
1. Temporary Storage Structure. A portable storage container or trailer
that does not have a permanent foundation or footing, which includes
portable storage containers. Such structures shall not be considered
a building or accessory structure.
2. Portable Storage Container. A self-storage container that is delivered
to and retrieved from a home or business for long term off-site or
on-site storage. Portable On Demand Storage or PODS are a familiar
trade name for such containers. These containers are not on a chassis
and do not have axles or wheels. Portable Storage Containers are containers
loaded with materials and placed on a property authorized for residential
use for the purpose of temporarily storing materials, including any
container, storage unit, shed-like container or other portable structure
that can be or is used for the storage of personal property of any
kind and which is located for such purposes outside an enclosed building
other than an accessory building or shed complying with all building
codes and land use requirements.
b. Permitted Temporary Uses. Temporary Storage Structures or Portable
Storage Containers may be utilized as a temporary structure within
the Borough when in compliance with the standards set forth in this
Section. It shall be the obligation of the owner and/or user of such
temporary storage structures or portable storage containers to secure
it in a manner that does not endanger the safety of persons or property
in the vicinity of the temporary container. Temporary Storage Structures
or Portable Storage Containers shall only be permitted on residential
property. Any use of such containers within the Borough not in compliance
with this Section shall be unlawful.
c. Permit Required; Application; Fee. Before a Temporary Storage Structure
or Portable Storage Container is placed on any property the owner
of the subject property must submit an application to the Zoning Officer,
in the form required by the Zoning Office, for a permit approving
the placement of the Temporary Storage Structure or Portable Storage
Container. The owner or contractor, with written permission from the
property owner, working on the subject property must submit an application
to the Zoning Officer approving such placement. The fee for the permit
shall be fifty ($50.00) dollars. The renewal fee for any permit shall
be twenty ($20.00) dollars.
d. Number of Storage Containers. Only two (2) Temporary Storage Structures
or Portable Storage Containers may be placed on any residential property
at one time.
e. Size of Storage Container. A Temporary Storage Structure or Portable
Storage Container may not exceed ten (10') feet in height, ten (10')
feet in width, or twenty (20') feet in length.
f. Duration. Provided there is an existing construction permit on the
subject property, and the Temporary Storage Structures or Portable
Storage Containers are being used in the operation of the construction
on the subject property, said permit will be issued and said container
shall be removed within two (2) weeks of the issuance of the certificate
of occupancy and/or certificate of approval.
In the event that the Temporary Storage Structures or Portable
Storage Containers are not being used on the property with an open
construction permit, for example the container is being used to move
items out of the structure on the subject property, said permit shall
expire within thirty (30) days after its issuance. Thereafter, the
applicant must submit the request to renew the permit and pay the
applicable renewal fee. A Temporary Storage Structure or Portable
Storage Container placed on a property with no open construction permit
shall only be permitted to one (1) permit renewal
g. Location. Temporary Storage Structures or Portable Storage Containers
are prohibited from being place in streets, public rights-of-way,
or on unimproved surfaces in the front yard where a driveway exists
on the property, and may be placed only upon driveways, side and rear
yards. Wherever Temporary Storage Structures or Portable Storage Containers
may be placed, they shall be subject to all property maintenance standards
applicable to accessory structures. No Temporary Storage Structures
or Portable Storage Containers shall be allowed to remain outside
in a state of disrepair.
h. Violations and Penalties. Any Temporary Storage Structure or Portable
Storage Container placed in violation of this Section or which is
not removed at the end of time for which it may lawfully remain in
place, or immediately upon the direction of the Zoning and Code Enforcement
Officer, shall be punishable upon conviction thereof, by a fine not
to exceed two thousand ($2,000.00) dollars for each violation
i. Duly Registered Trailers Not Prohibited. Nothing herein shall prohibit
a duly licensed and registered trailer with the New Jersey Motor Vehicle
Commission from being placed in the driveway of the property to which
it is registered with the New Jersey Motor Vehicle Commission when
it is not in use.