The subdivision and/or site plan shall conform
to standards that will result in a well-planned community, protect
the health and safety of the residents and provide a desirable living
environment. The following improvements shall be required: streets
and circulation, off-street parking, water supply, sanitary sewers,
and stormwater management.
A.Â
Streets.
(1)Â
All developments shall be served by paved public streets
with a minimum 2% and maximum 6% cross-slope. The minimum right-of-way
width of all new streets shall be 50 feet. The minimum paved width
shall be 30 feet between face of curbs.
(2)Â
No street shall have a name which will duplicate or
so nearly duplicate the name of an existing street that confusion
results. The continuation of an existing street shall have the same
name. Curvilinear streets shall change their names only at street
intersections.
(3)Â
The pavement width of streets and the quality of surfacing
and base materials shall adhere to the minimum standards set forth
by the City, County or State Engineer when said paving concerns roads
under the jurisdiction and where such standards exist. Concerning
streets under the jurisdiction of Ventnor City, the following standards
shall apply:
(a)Â
The minimum requirement of any new street shall
be constructed according to the specifications and procedures as set
forth in the New Jersey State Highway Department of Transportation,
as amended.
[1]Â
The pavement foundation shall consist of four
inches of compacted gravel and two inches of bituminous stabilized
base. The gravel base course may require a prime coat of asphaltic
oil, if so directed by the City Engineer. The bituminous stabilized
base course will require a tack coat of asphaltic oil.
[2]Â
The street shall be permanently paved with two-inch
thick bituminous concrete pavement, Type FABC-1, Mix I-5.
B.Â
Curbs.
(1)Â
The concrete to be used for curbs shall be Class B
concrete as specified in the New Jersey Department of Transportation
(NJDOT) Specifications for Curbs and Gutters.
(2)Â
Expansion joints shall be provided at intervals of
20 feet and shall be sealed as specified by the City Engineer.
(3)Â
The maximum size of a residential driveway serving single-family and duplex lots shall be 10 feet and/or comply with the requirements of § 102-118.6D for two driveways. All residential and duplex lot driveways shall be serviced only by depressed curbing. Depressed concrete curbing shall be depressed to the extent that 1 1/2 inches extends above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
[Amended 8-20-2015 by Ord. No. 2015-19]
(4)Â
Concrete curbs for municipal roads shall be eight
inches wide at their base and not less than six inches wide at their
top. Their height shall not be less than 18 inches and shall be constructed
to show a vertical face above the roadway pavement of six inches.
The rear top corner of this curb shall have a radius of 1/4 inch and
the front top corner shall have a radius of 1Â 1/2 inches.
C.Â
Sidewalks. Sidewalks shall be installed on both sides
of all new municipal roadways and in areas where the existing sidewalk
is damaged and/or unsafe as may be determined by either the City Engineer
or Construction Code Official. Sidewalks across driveways shall be
a minimum of six-inch thick concrete and shall extend the full width
and length of the driveway to the curb. Sidewalks in all other areas
shall be four-inch thick concrete and five feet in width. The locations
of the sidewalk shall be consistent with the offset from the curbline
otherwise established in the area or as determined by the City Engineer.
All sidewalks shall be Class B Concrete only and shall be constructed
in accordance with the latest edition of the Standard Specifications
for Road and Bridge Construction as published by the NJDOT.
[Amended 11-12-1998 by Ord. No. 9824]
D.Â
Gutters. Gutters shall be constructed along all municipal
roadways and shall be at least 24 inches wide and six inches thick.
Gutters shall be only of concrete and shall be constructed in accordance
with Division 5 of the NJDOT.
A.Â
Off-street parking lots and loading areas together
with their access aisles, driveways and fire lanes shall not occupy
more than 45% of the lot area. All parking and loading areas and access
drives shall be paved as outlined below or the equivalent, as determined
by the City Engineer and approved as part of the development application
approval. All parking areas, regardless of size and location, shall
be suitably drained and maintained.
(1)Â
Areas of ingress and egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience similar heavy traffic shall be paved with no less than
three inches of compacted base course of plant-mixed bituminous stabilized
base course over a six-inch gravel base course. A minimum two-inch
thick compacted wearing surface of bituminous concrete (FABC) shall
be constructed thereon in accordance with Division 3, Section 10,
of the aforesaid NJDOT specifications and amendments thereto.
B.Â
Parking stall areas and other areas likely to experience
similar light traffic shall be paved with not less than a six-inch
gravel base course. A minimum two-inch thick compacted wearing surface
of bituminous concrete (FABC) shall be constructed thereon in accordance
with Division 3, Section 10, of the aforesaid NJDOT Specifications
and amendments thereto.
A.Â
A lighting plan in and around parking areas shall
provide for nonglare, color-corrected lights focused downward. The
light intensity provided at ground level shall be a minimum of 0.3
footcandle anywhere in the area to be illuminated, shall average a
minimum of 0.5 footcandle over the entire area and shall be provided
by fixtures with a mounting height not more than 25 feet measured
from the ground level to the center line of the light source and spaced
a distance not to exceed five times the mounting height.
B.Â
Any other outdoor lighting such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting shall be shown on the lighting plan
in sufficient detail to allow determination of the effects to adjacent
properties, traffic safety and overhead sky glow.
C.Â
The objective of these specifications is to minimize
undesirable off-premises effects. No light shall shine into windows
or onto streets and driveways in such a manner as to interfere with
or distract drivers' vision. To achieve these requirements, the intensity
of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval. The Planning Board reserves
the right to physically inspect the lighting so as to ensure compliance
with the intent to ensure that light pollution does not occur.
A.Â
System design and placement shall comply with all
applicable New Jersey Department of Environmental Protection, American
Water Works Association and municipal standards, with the strictest
standards governing.
B.Â
Water and sewer mains generally shall be separated
by a distance of at least 10 feet horizontally. If such lateral separation
is not possible, the pipes shall be in separate trenches with the
sewer at least 18 inches below the bottom of the water main or such
other separation as approved by the New Jersey Department of Environmental
Protection shall be made. In general, the vertical separation at a
crossing of water and sewer line shall be at least 18 inches. Where
this is not possible, the sewer shall be constructed of cast-iron
pipe using mechanical or slip-on joints or hot-poured lead joints
for a distance of at least 10 feet on either side of the crossing
or other suitable protection shall be provided.
D.Â
House service connections. A service connection consists
of the pipe and appurtenances between the municipal street main and
any customer's property line. A house service connection shall be
comprised of a corporation stop at the main, a curb stop and an inside
compression stop, in that order. Meters shall be located as specified
by Ventnor City Water and Sewer Superintendent.
(1)Â
Separate water service for each unit shall be utilized
for detached housing where maintenance is the responsibility of the
individual homeowner.
(2)Â
Common water service connections may be allowed for
multifamily housing where there is an entity, such as a homeowners'
association, responsible for the maintenance of the common water laterals.
Where common laterals are utilized, individual water shutoffs shall
be provided for each unit.
E.Â
All system designs shall be approved by the City Engineer
and/or the Water and Sewer Superintendent.
F.Â
Capacity. The water supply system shall be adequate
to handle the necessary domestic and fire flow based on complete development.
A.Â
Plans for sanitary systems shall reflect New Jersey
state regulations and guidelines which implement the New Jersey Water
Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey
Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).
B.Â
The most desirable location for sanitary sewer mains
shall be within the municipal right-of-way at or near the center line
of the paved cartway.
C.Â
Pipe materials.
(1)Â
The applicant shall submit for approval details of the planned pipes, joints, fittings, etc. All materials used for sanitary sewer systems shall be manufactured in the United States, wherever available, as governed by Chapter 107, Laws 1982 of the State of New Jersey, effective date October 3, 1982.[1] Specifications such as ASA, American Society for Testing
and Materials and American Water Works Association, etc., shall be
the latest revision.
[1]
Editor's Note: See N.J.S.A. 40A:11-18.
(2)Â
Spacing intervals between manholes shall not exceed
400 feet for eighteen-inch pipe or less or 500 feet for larger pipe
sizes.
(3)Â
Where sewers enter manholes and the difference in
crown elevation between the incoming and outgoing pipes is equal to
or greater than two feet, drop pipes shall be provided and drop manholes
should be built.
(4)Â
All sewer mains within municipal streets shall be
a minimum of eight inches in diameter.
(5)Â
All residential sewer laterals shall be a minimum
of six inches in diameter.
[Amended 7-5-2007 by Ord. No. 2007-8]
A.Â
The State of New Jersey has adopted regulations on
January 5, 2004, which impose conditions and requirements upon municipalities
under N.J.A.C. 7:7A and 7:14A relating to the methods of stormwater
management and the issuance of stormwater discharge permits. The adopted
rules and regulations address Phase II regulations that the United
States Environmental Protection Agency (USEPA) published December
8, 1999 (Federal Register, 64 Fed. Reg. 68721), concerning such permits.
The State of New Jersey has determined Ventnor City to be a Tier A
Municipality and has issued NJPDES General Permit No. NJ0141852 to
control and regulate municipal stormwater discharge.
B.Â
As part of the permitting regulations, Ventnor City
must adopt a stormwater management plan and, also, both adopt and
enforce stormwater regulations to enforce said plan. A stormwater
plan was prepared, presented to the Ventnor City Planning Board, and
was approved as a stormwater element of the City's Master Plan on
June 13, 2007. Said plan, a copy of which is on file in the Municipal
Clerk's office, recognizes Ventnor City's uniqueness as part of a
barrier island system and the major influences that tidal flooding
and shallow groundwater have on the functionality of retention basins
and underground storage systems. However, there still remains an obligation
under the NJPDES permit for the municipality to adopt stormwater ordinances
in order to effectuate compliance with the state regulations.
C.Â
As a requirement of state regulation, the City of
Ventnor hereby adopts and incorporates by reference into its Developmental
Regulations, and sets forth as part of its stormwater pollution prevention
plan (SPPP), the applicable stormwater management requirements and
conditions as provided for under N.J.A.C. 7:8-1 et seq., as currently
amended and as may be amended from time to time. Any developer meeting
the requirements of a major development as defined in said regulations,
which development does not require the review of the State of New
Jersey, must meet said regulations as to quantity and quality of runoff
and/or recharge as may be applicable within the criteria so stated.
Any variances necessitated by limited site conditions, for which approval
is obtained through formal application to the Ventnor City Planning
Board, and for which approval must be received for said variances
from the State of New Jersey, shall be at the sole cost of the developer.
The interpretation as to the applicability of the technical requirements
of said stormwater regulations shall be under the purview and approval
of the Ventnor Municipal Engineer.
A.Â
Improvement guaranties shall be provided to ensure
the City of the proper installation and maintenance of on-site and
on-tract improvements. Performance guaranties shall be held for a
maximum of two years. At the end of this period, all improvements
shall be completed or extensions thereto requested.
B.Â
Application.
(1)Â
Before the recording of final subdivision plats or
as a requirement of final site plan submission, the approving authority
may require and shall accept in accordance with the standards adopted
by ordinance the following guaranties for the purpose of assuring
the installation and maintenance of on-site and on-tract improvements:
(a)Â
The furnishing of a performance guaranty in
favor of the City in an amount not to exceed 110% of the cost of installation
for improvements it may deem necessary or appropriate.
(b)Â
Provision for a maintenance guaranty to be posted
with the City Clerk for a period not to exceed two years after final
acceptance of the improvement, in an amount not to exceed 15% of the
cost of the improvement. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the municipality for such
utilities or improvements.
(c)Â
A performance guaranty estimate shall be prepared
by the applicant, setting forth all requirements for improvements
as fixed by the Board and their estimated cost. Said estimate shall
be reviewed by the City Engineer who shall either approve or adjust
this performance guaranty.
(2)Â
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the City Commission by resolution. As a condition or as part of
any such extension, the amount of any performance guaranty shall be
increased or reduced, as the case may be, to an amount not to exceed
110% of the cost of the installation as determined as of the time
of the passage of the resolution.
(3)Â
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the City for the reasonable
cost of the improvements not completed or corrected, and the City
may, either prior to or after the receipts of the proceeds thereof,
complete such improvements.
(4)Â
Upon substantial completion of all required appurtenant
utility improvements and the connection of the same to the public
system, the obligor may notify the City Commission, in writing, by
certified mail addressed in care of the City Clerk, of the completion
or substantial completion of improvements and shall send a copy thereof
to the City Engineer. Thereupon the City Engineer shall inspect all
improvements of which such notice has been given and shall file a
detailed report, in writing, with the City Commission indicating either
approval, partial approval or rejection of such improvements with
a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
(5)Â
The City Commission shall either approve, partially
approve or reject the improvements on the basis of the report of the
City Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from all liability pursuant to such performance guaranty
for such improvements.
C.Â
Approval by City Solicitor.
(1)Â
The applicant shall present two copies of the performance
guaranty in an amount equal to 110% of the approved performance guaranty
estimate for approval as to form and execution by the City Solicitor.
(2)Â
The City Solicitor shall notify the Secretary of the
Board prior to the meeting that the performance guaranty is properly
executed and can be added to the agenda.
D.Â
Bonding and cash requirements.
(1)Â
The performance guaranty shall be made payable and
deposited to the City of Ventnor and shall be in the form of cash
or a certified check or an unlimited letter of credit from a bank
or a performance bond in which the owner shall be principal, the bond
to be provided by an acceptable surety company licensed to do business
in the State of New Jersey. The City shall issue its receipt for such
deposits and shall cause the same to be deposited in a bank named
by the City in the name of the City to be retained as security for
completion of all requirements and to be returned to the owner on
completion of all required work or, in the event of default on the
part of the owner, to be used by the City to pay the cost of an expense
of obtaining a completion of all requirements.
(2)Â
Every performance guaranty shall contain a clause
to the effect that a determination by the City Engineer that the principal
has defaulted in the performance of his obligation shall be binding
and conclusive.
E.Â
Inspections and tests.
(1)Â
All improvements and utility installations shall be
inspected during the time of their installation under the supervision
of the City Engineer to ensure satisfactory completion. The cost of
said inspection shall be the responsibility of the owner and he shall
deposit with the City Clerk, for placement in a special trust fund
account, a sum of 2% of the amount of the cost of all required site
improvements or, for subdivisions, 2% of the amount of the cost or
all aboveground improvements and an additional 10% of the cost of
storm sewers to be applied to inspection costs. If inspection costs
exceed such fund, the owner shall deposit with the City Clerk additional
sums upon notice from the City Engineer. The City Clerk shall return
any balance of the inspection deposit to the owner upon expiration
of the maintenance bond, together with the paid invoices for all expenses
charged, except that the inspection fee shall in no case be less than
$100.
(2)Â
In no case shall any paving work where a performance
guaranty is required, including prime and seal coats, be done without
permission from the City Engineer's office. At least two days' notice
shall be given to the City Engineer's office prior to any such construction
so that he or a qualified representative may be present at the time
the work is to be done.
(3)Â
The City Engineer's office shall be notified after
each of the following phases of the work has been completed so that
he or a qualified representative may inspect the work:
(a)Â
Road subgrade.
(b)Â
Curb and gutter forms.
(c)Â
Curb and gutters.
(d)Â
Road paving. A core sample shall be taken by
the City Engineer at the applicant's expense at distances within the
discretion of the City Engineer and also at the applicant's expense
shall be subjected to laboratory testing, and reports shall be submitted
by the City Engineer and recorded in the office of the City Clerk.
(e)Â
Sidewalk forms.
(f)Â
Sidewalks.
(g)Â
Drainage pipes and other drainage structures
before backfilling.
(h)Â
Street name signs.
(i)Â
Exterior lighting.
(j)Â
Monuments.
(4)Â
A final inspection of all improvements and utilities
will be started within 10 days notification by the subdivider to determine
whether the work is satisfactory and in agreement with the approved
final drawings and the City specifications. The general condition
of the site shall also be considered. Upon a satisfactory final inspection
report, action will be taken to release or declare in default the
performance guaranty covering such improvements and utilities.
(5)Â
Inspection by the City of the installation of improvements
and utilities shall not operate to subject the City to liability for
claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter; it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owner and his contractors,
if any.
F.Â
Subdivider/developer's responsibility for damage to
municipal roadways.
(1)Â
In such cases where a subdivider or developer will
require the use of municipal maintained roadways to provide for the
servicing of his site by construction-related vehicles and where it
has been determined by the City Engineer that the transit of said
construction vehicles may reduce the service life of said municipal
roadways, the Planning Board shall require that, as a condition for
final approval of a subdivision or site plan application, the subdivider
or developer shall post a performance guaranty with the City for such
amount as it may be determined to be necessary to restore the affected
municipal roadways to their former useful life. In such case, the
Planning Board shall also designate, on an individual case-by-case
basis, those municipal roadways which may be used by each respective
subdivider or developer for the transit of his construction-related
vehicles to and from the site, which transit plan once approved shall
be filed in the offices of the City Clerk, Building Inspector and
City Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)Â
The amount of such performance guaranty shall be established
on a case-by-case basis by the Planning Board, through consultation
with the City Engineer. Once established, the performance guaranty
shall be made payable to and deposited with the City of Ventnor City
and shall be in the form of cash or a certified check. The City shall
issue its receipt for such deposit and shall cause the same to be
deposited in a bank named by the City in the name of the City. Said
performance guaranty is to be used by the City to pay the cost and
expense of the restoration of the applicable municipal roadways damaged
by construction vehicular usage.
(3)Â
Upon completion of said roadway restoration and certification
by the City Engineer, the subdivider's or developer's responsibility
thereunder shall be recalculated in accordance with the actual, as
compared to the estimated, cost of improvements to the extent that
it shall decrease the amount thereof. The City shall refund the amount
of such decrease to the subdivider or developer.