No structure shall hereafter be erected, structurally altered
or moved nor shall any lands or the buildings thereon be used for
any purpose except in conformity with all regulations hereinafter
established for the zone in which said land or structure is located.
Nor shall any open space or yard area established for the purpose
of complying with the regulations of this chapter be reduced or encroached
upon in any manner except as shall be specifically permitted in this
chapter.
No building or part thereof shall be erected within or project
into any required yard area except in accordance with the following
provisions:
A.
An open and unscreened entrance porch leading to the basement, cellar
or first floor not more than 10 feet in width may project not more
than six feet not including steps into a required front yard area,
provided the floor of said porch is within three feet of the adjoining
ground level.
B.
An open and unroofed patio not more than three feet above ground
level may extend into a required side or rear yard to within 10 feet
of a side or rear property line. This restriction shall not apply
to such patios if constructed at ground level.
C.
Ordinary projections of cornices, eaves, gutters, sills, chimneys,
and ornamental features may project not more than 24 inches into any
required yard area.
A.
Appurtenances attached to principal buildings. The height limitations
of this chapter shall not apply to church spires, domes, and antennas
attached to buildings, none of which are to be used for human occupancy;
nor to chimneys, ventilators, skylights, water tanks, bulkheads and
the necessary mechanical appurtenances usually carried above the roof
level.
Such features, however, shall not exceed in coverage 20% of
the total roof area and shall not exceed a height such as is necessary
to accomplish the purpose which they are intended to serve.
B.
Free-standing accessories. Water towers, noncommercial radio and
television antennas and flag poles which are erected as free-standing
accessories and which might normally exceed the height limitations
established by this chapter may be erected to a height which can be
demonstrated to the satisfaction of the Land Use Board as necessary
to accomplish their intended function, except that in residential
zones and on properties adjacent to residential zones, no such structure
may be located nearer to any property line than a distance equal to
its height above ground.
[Amended 2-25-2002 by Ord. No. 2002-08]
C.
No sign, nameplate, display or advertising device of any kind whatsoever
shall be inscribed upon or attached to any chimney, tower, tank or
any other structure which extends above the height limitations established
in this chapter.
Except as might be hereinafter specifically provided, there
shall not be more than one principal building erected on any lot.
[Amended 9-26-2005 by Ord. No. 2005-24]
No principal building shall be erected upon a lot which does
not provide an entrance to such principal building oriented to and
facing a public street and which does not have frontage upon a public
street improved to meet the requirements of the borough or for which
such improvements have been guaranteed in accordance with requirements
in the land subdivision and site plan regulations of the borough.
Any yard facing upon a public street shall be considered a front
yard and shall conform to the minimum front yard requirements established
for the zone in which the yard is located.
No front yard shall be used for the storage of equipment or
vehicles other than automobiles, recreational vehicles, camping trailers,
and boats, which are in operating condition and which are parked on
an improved driveway.
[Amended 9-13-1992 by Ord. No. 1993-16]
A.
On any corner lot, nothing shall be erected, placed, printed or allowed
to grow in such a manner as to obstruct vision between a height of
2 1/2 feet and 10 feet above the center line grades of the intersecting
streets, within the triangular area formed by the two intersecting
street lines bounding the lot, and by a line connecting points on
each street line located 25 feet from the intersection of the street
lines.
B.
Removal of trees and shrubs; notice. In case any tree or shrub, or
any part thereof, along the public highway or sidewalk shall become
dangerous to the public safety, the owner of the property in front
of which such tree or shrub shall be located shall remove the same,
or the required part thereof, forthwith upon service of written directive
to that effect from the Borough Council, or from the County of Monmouth
in the case of a county right-of-way or highway. The notice shall
be sufficient if served in the same manner as a summons may be served
in accordance with the New Jersey Rules of Court.
C.
Removal by borough or county. If the owner fails to remove the tree
or shrub or portion thereof within two weeks after service of written
notice to do so, the work shall be performed by the borough under
the supervision of the Superintendent of Roads, in the case of a county
road, or under the supervision of the County Road Supervisor, who
shall certify the cost thereof to the Borough Council.
D.
County named as officer of Neptune City. In accordance with Title
40:48-2.26 the County of Monmouth is hereby named an officer of the
Borough of Neptune City empowered to carry out this section on all
county roads and at all intersections with county roads.
[Amended 9-26-2005 by Ord. No. 2005-12]
No accessory structure, excluding fences and temporary buildings
necessary for construction purposes, shall be erected prior to the
completion of the principal building. Such temporary construction
buildings may be erected only after the issuance of a building permit
for the principal building and shall be removed within 30 days of
the issuance of a certificate of occupancy, for the principal building;
or in the case of a major subdivision, within 30 days of the issuance
of a certificate of occupancy for the final home in the subdivision
provided same does not violate the requirements of this chapter as
to lots for which a certificate of occupancy has already been issued.
No accessory structure shall be permitted in front yards in
any zones.
[Repealed 4-14-2014 by Ord. No. 2014-5]
Existing natural features such as streams, lakes, ponds, trees
and the natural configuration of the ground shall be retained wherever
possible. If it can be demonstrated to the satisfaction of the reviewing
board that such features will substantially interfere with any reasonable
proposed use of a property, such features may be altered only to the
extent necessary to permit such use.
[Added 11-25-2002 by Ord.
No. 2002-21A]
The following uses or activities are hereby prohibited in any
zone unless specifically permitted by this or any other ordinance
of the Borough of Neptune City:
A.
Junk yards.
B.
Manufacture of acetylene or ammonia.
C.
Manufacture or bulk storage of pyroxylin, plastic, explosives, fireworks
or matches.
D.
Manufacture of acids.
E.
Manufacture of heavy chemicals.
F.
Refining of petroleum or the storage of petroleum products having
a flash point of under 150° Fahrenheit, in excess of 300,000 gallons.
G.
The manufacture, batching or mixing of asphalt, asphalt products
or bituminous concrete.
H.
Refining or manufacture of animal black, bone black or lamp black.
I.
Refining, manufacture or mixing of fertilizer or potash.
J.
Incinerators, garbage or refuse disposal dumps or landfills.
K.
Manufacture of disinfectants, insecticides or other poisons or toxic
gases.
L.
Manufacture of dye.
M.
Rendering or refining of grease, fat or tallow.
N.
Manufacture of glue, size or gelatins, where the process includes
the refining and recovery of products from fish, animal refuse or
offal.
O.
Stock yards or the slaughtering or processing of animals, fish or
poultry or parts thereof.
P.
Storage, cleaning, curing or tanning of rawhides or skins or the
pulling of wool.
Q.
Coke ovens or manufacture of derivatives of coke.
R.
Manufacture or production of metals or alloys in ingot form.
S.
Crematoriums.
T.
Manufacture of rubber or rubber products.
U.
Manufacture of plastic or cork or their constituents.
V.
Manufacture of paints, oils and varnishes.
W.
Manufacture of soaps or detergents.
X.
Manufacture or repair of boilers, tank or pipe.
Y.
Firearm target ranges, skeet or trap ranges or any places where firearms
are discharged for practice or competitive purposes.
Z.
Rooming or boarding houses.
BB.
Regional schools of which Neptune City is not a member and schools
of other municipalities.
CC.
Any use of land or building or any activity which will adversely
affect or impair the lawful use of and peaceful enjoyment of any other
lands or buildings.
DD.
Landing of aircraft or landing areas for aircraft in any zone.
EE.
Without limitation, the building, rental, sale or use of any and
all buildings and/or accessory buildings including any residential,
commercial or industrial structure and uses relating directly or indirectly
to the sale and use in any manner whatsoever of paraphernalia associated
with the use of controlled dangerous substances and/or drug related
cultures or activity including without limitation the prohibition
of shops commonly known as "head shops", etc.
FF.
[Repealed 6-22-1998 by Ord. No. 1998-17]
GG.
Body art establishments, except in the (I) Industrial Zone as defined in Article IV of the Code of the Borough of Neptune City.
HH.
Cannabis.
[Added 5-10-2021 by Ord. No. 2021-04; amended 7-25-2022 by Ord. No. 2022-10]
(1)
Class
1 - Licensed Cannabis Cultivator.
(2)
Class
2 - Licensed Cannabis Manufacturer.
(3)
Class
3 - Licensed Cannabis Wholesaler.
(4)
Class
4 - Licensed Cannabis Distributor.
(5)
Class
6 - Licensed Cannabis Delivery Service.
(6)
Cannabis
Consumption Areas associated with Class 5 Cannabis Retailer licenses.
No topsoil shall be removed from any premises in any zone.
No subsoil, sand or gravel shall be removed from any premises
in any zone except that:
A.
The Construction Official[1] may issue a permit for the removal of subsoil from excavations
for building foundations or other structures, provided that the total
amount to be removed from the lot does not exceed 500 cubic yards
or the Borough Engineer has approved the removal for appropriate engineering
reasons and so notifies the Construction Official in writing.
[1]
Editor's Note: The title of Building Inspector has been changed
to Construction Official to comply with the Uniform Building Code.
[Added 9-23-2002 by Ord.
No. 2002-16]
A.
Purpose. The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to:
(1)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(2)
Encourage the location of towers in appropriate locations;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of 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 Neptune City shall
give due consideration to the borough master plan, zoning map, existing
land uses and environmentally sensitive areas in approving sites for
the location of towers and antennas.
B.
Antennas and towers permitted on borough property. Wireless communications towers and antennas which are located on borough property and which are approved by Borough Council, shall be deemed to be permitted as a municipal facility in any zone district. The borough shall consider the criteria set forth in Section 139-29D prior to approving the location of a tower on borough property.
C.
Antennas and towers which are not municipal facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not borough property in accordance with the standards, regulations and requirements set forth in Section 139-29D, wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property, in those zones where public utilities are permitted as a principal use or as a conditional use.
D.
Wireless telecommunications towers, antennas and transmission facilities
on nonmunicipal property.
Wireless telecommunications antennas and towers may be allowed
as a conditional use on property which is not owned, leased or otherwise
controlled by the Borough of Neptune City, in accordance with the
minimum standards of the zone district and the standards, regulations
and requirements set forth in this section, in those zones where public
utilities are permitted as a principal or conditional use. Site plan
approval shall be required prior to the installation of wireless telecommunication
towers, antennas and transmission facilities on non-borough owned
property.
(1)
General. Wireless telecommunication towers, antennas and transmission
facilities shall only be permitted on non-borough property where the
municipal approving authority has determined the following:
(a)
There is substantial evidence that there is a significant gap
in the telecommunications grid within the borough which the proposed
facility will correct;
(b)
There is no borough property available or no wireless telecommunications
towers, antennas or transmission facilities available where the proposed
facility could locate or co-locate that would correct the telecommunications
gap;
(c)
There are no existing structures, facilities or wireless telecommunications
towers, antennas or transmission facilities available on which the
proposed facility is located and that the different use of an existing
structure on the same lot does not preclude the installation of an
antenna or tower;
(d)
There is no residential use, school use or healthcare use on
the lot on which the facility is located and that the different use
of an existing structure on the same lot does not preclude the installation
of an antenna tower;
(e)
The application for the proposed facility is the joint application
of two or more wireless communications carriers licensed to provide
service within the area and the application provides for the co-location
of two or more carriers at the site. In the alternative, if the application
is an individual application, it must include a binding statement
that approval will be subject to the application making all open space
on the tower available to all other potential users at a price equal
to the fair market value of the space used.
(f)
The dimensions of the entire lot on which the facility is located
are used for the purpose 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;
(g)
A plan is submitted for the periodic testing of the facility
to ensure ongoing compliance with applicable federal and/or state
standards. The plan is subject to the review and approval of the municipal
approving authority; and
(h)
The applicant must provide within 60 days, or such longer time
if permitted by FCC regulations, of the commencement of operation
of a tower or antenna, a certification of compliance of FCC standards
of radio frequency emission exposure to the public in an uncontrolled
environment.
(2)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the borough as part of the application, an
inventory of all existing towers, antennas and sites approved for
towers or antennas that are within the jurisdiction of the borough
and within an area outside the jurisdiction of the borough where the
applicant could locate its equipment to provide continuity of coverage.
Specific information shall be provided about the location, height
and design of each tower, antenna and site. The borough may share
such information with other applicants applying for approvals under
this section or other organizations seeking to locate antennas within
the jurisdiction of the borough, provided, however, that the borough
is not, by sharing information, in any way representing or warranting
that such sites are available or suitable.
(3)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall maintain a finish or be painted a color approved
by the municipal agency, so as to reduce visual obtrusiveness, subject
to any applicable standards of the FAA;
(b)
At a tower site, the design of a building 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;
(c)
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 or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(4)
Lighting. Towers shall 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 surrounding views.
(5)
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 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
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
(6)
Building codes: safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it has been 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, the American National Standards
Institute as well as the New Jersey BOCA Code, as amended from time
to time. If, upon inspection, the borough concludes that a tower fails
to comply with such standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days to bring such tower into compliance shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
All tower components including, but not limited to, transmitters and
receivers shall comply with FCC and New Jersey Department of Environmental
Protection standards for frequency and power and they shall be continually
compliant as those standards are amended from time to time.
(7)
Measurement. For purpose 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.
(8)
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 has been obtained
from all applicable federal or state agencies and shall file a copy
of all required franchises with the borough.
(9)
Signs. No signs shall be allowed on an antenna or tower.
(10)
Maximum height. The tower shall meet the following maximum height
and usage criteria:
(a)
For three users, up to 100 feet.
(b)
For four or more users, over 100 feet.
(c)
Tower height shall be based on technical requirements for reception.
A licensed New Jersey professional engineer must certify that
the tower can structurally accommodate the number of shared users
proposed by the applicant.
(11)
Information required. In addition to any information required
for applications for site plan review pursuant to this chapter, applicants
for approval for a tower shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed tower, on-site land use and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities).
(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.
(d)
The separation distance from other towers described in the inventory
of existing sites shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
(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 statement of compliance with all applicable federal, state,
or local laws.
(h)
A statement by the applicant as to the number of users construction
of the tower will accommodate for co-location.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular or
personal communication service 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 tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the borough based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
(12)
Factors considered in granting approval of towers. In addition
to any standards for consideration of site plans pursuant to this
chapter, the municipal agency shall consider the following factors
in determining whether to issue an approval:
(a)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of towers or structures;
(b)
Height of the proposed tower;
(c)
Proximity of the tower to residential structures and residential
district boundaries;
(d)
Nature of uses on adjacent and nearby properties;
(e)
Surrounding topography;
(f)
Surrounding tree coverage and foliage;
(g)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(h)
Proposed ingress and egress;
(i)
Number of users committed to use of the tower.
(13)
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 municipal
agency 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 municipal agency 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 or that
no emerging technology exists that would overcome the gap in the applicant's
telecommunications system may consist of the following:
(a)
No existing towers or structures are located within the geographic
area which meets 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 not exceeding
new tower development are presumed to be reasonable.
(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 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.
(14)
Minimum required setback. The following minimum setback requirements
shall apply to all towers for which site plan approval is required:
(a)
In nonresidential zones, towers must be set back a distance
equal to at least 100% of the height of the tower from any adjoining
lot line, but in no event shall the tower be located in the minimum
required yard area or buffer area of the zone district.
(b)
In residential zones, towers must be set back a distance equal
to at least 200% of the height of the tower from any adjoining lot
line but in no event shall the tower be located in the minimum required
yard area or buffer area of the zone district.
(c)
Guys and accessory buildings and structures must satisfy the
minimum zoning district setback and buffer requirements.
(15)
Minimum separation requirements between uses. The following
separation requirements shall apply to all towers and antennas for
which approval is required under this section:
(a)
Separation from off-site uses/designated
area.
i
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 paragraph (b) below, except as otherwise provided.
ii
Towers shall maintain a separation distance of 200 feet or 200%
of the tower height, whichever is greater, from a residential property
line.
(b)
Separation distances between towers. No tower shall be permitted
any closer to an existing tower than five times the height of the
proposed tower.
(16)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device, provided however, that the municipal
agency may waive or modify such requirements, as it deems appropriate.
(17)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required, provided
however, that the municipal agency 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.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. Trees and natural
growth may serve as buffer.
(18)
Conditions and alternative tower structure. In approving the
tower, the municipal agency may impose conditions including the use
of an alternative tower structure, to the extent the municipal agency
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties or the neighborhood
in which it is located.
(19)
Buildings and other equipment storage.
(a)
Antennas mounted on structures or
rooftops. Antennas mounted on buildings or existing elevated structures
shall not extend more than 30 feet above the highest point of the
building's roof or above the highest point of the structure. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
i
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
ii
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 10% of the roof area.
iii
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(20)
Antennas located on towers, utility poles or light poles. Antennas
shall not be located on towers, utility poles or light poles within
a borough street or right-of-way unless such facilities are approved
by the Borough Council. Antennas proposed on towers, utility poles
or light poles within a street or right-of-way not owned by the borough,
shall require approval as a conditional use. The related unmanned
cabinet or structure shall not contain more than 200 square feet of
gross floor area or be more than 10 feet in height and shall be located
in accordance with the minimum yard and buffer requirements of the
zoning district in which located shall be screened from view of all
residential properties.
(21)
Removal of abandoned antennas and towers. Any antenna or tower
that is not operated for a continuous period of 12 months shall be
considered abandoned and the owner of such antenna or tower shall
remove the same within 90 days of receipt of notice for the Borough
of Neptune City notifying the owner of such abandonment. Failure to
remove an abandoned antenna or tower within said 90 days shall be
grounds to remove the tower or antenna by the borough at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower.
[Amended in its entirety 3-25-2024 by Ord. No. 2024-02. Prior history includes Ord. No. 06-02; Ord. No. 08-10; Ord. No. 2020-11.]
[Added 3-25-2024 by Ord.
No. 2024-02]
A.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
should be utilized to meet the goal of maintaining natural hydrology
to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs should be
developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for green infrastructure, water
quality, quantity, and groundwater recharge.
C.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued pursuant to Section 139-30 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of Section 139-30 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2)
Section 139-30 is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of Section 139-30 imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
[Added 3-25-2024 by Ord.
No. 2024-02]
For the purpose of Section 139-30, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of Section 139-30 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in Section 139-30 shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
[Added 3-25-2024 by Ord.
No. 2024-02]
This section establishes design and performance standards for
stormwater management measures for major development intended to minimize
the adverse impact of stormwater runoff on water quality and water
quantity and loss of groundwater recharge in receiving water bodies.
Design and performance standards for stormwater management measures
shall comply with last amended N.J.A.C. 7:8-5, incorporated herein
by reference.
[Added 3-25-2024 by Ord.
No. 2024-02]
A.
Site design features identified under Section 139-30.3 above, or alternative designs in accordance with Section 139-30.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Section 139-30.4A(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Note that the Residential
Site Improvement Standards at N.J.A.C. 5:21 include requirements for
bicycle-safe grates.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(2)
The standard in Section 139-30.4A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in the
existing curb-opening inlet does not have an area of more than 9.0
square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in the last amended Stormwater Management Rules at N.J.A.C. 7:8 are
conveyed through any device (e.g., end of pipe netting facility, manufactured
treatment device, or a catch basin hood) that is designed, at a minimum,
to prevent delivery of all solid and floatable materials that could
not pass through one of the following:
[1]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 3-25-2024 by Ord.
No. 2024-02]
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin. Safety standards
for stormwater management measures shall comply with last amended
N.J.A.C. 7:8-6, incorporated herein by reference.
B.
Safety ledge illustration.
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Elevation View - Basin Safety Ledge Configuration
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[Added 3-25-2024 by Ord.
No. 2024-02]
A.
B.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in Section 139-30.
C.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Section 139-30.3 is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Section 139-30.3.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 139-30.7.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under Section 139-30 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section 139-30.6C(1) through (6) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 3-25-2024 by Ord.
No. 2024-02]
B.
General maintenance.
(1)
Maintenance for stormwater management measures shall comply
with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(2)
The following requirements of N.J.A.C. 7:8-5.8 do not apply
to stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department:
(a)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(3)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 3-25-2024 by Ord.
No. 2024-02]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of Section 139-30 shall be subject to the penalties as specified in Article III of Chapter 1, General Provisions, of the Code of the Borough of Neptune City, entitled "Violations and Penalties."
[Added 3-25-2024 by Ord.
No. 2024-02]
Each section, subsection, sentence, clause and phrase of Section 139-30 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of Section 139-30 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of Section 139-30.
[Added 3-25-2024 by Ord.
No. 2024-02]
Section 139-30 shall be in full force and effect from and after its adoption and any publication as required by law.
