A.
In passing on the adequacy of subdivision plans, site plans and other
plans, the Planning Board or Zoning Board of Adjustment shall apply
the standards contained in this article. Each plan shall conform to
design standards that will encourage good and appropriate development
patterns within the City. The plan shall conform to the proposals
and conditions shown on the Official Map and/or on the City Master
Plan. The streets, drainage, rights-of-way, school sites, public parks
and playgrounds shown on the officially adopted Master Plan and/or
the Official Map shall be considered in the approval of site plans
and subdivision plats.
B.
No subdivision or site plan shall be approved by the Planning Board
or Zoning Board of Adjustment unless the plan, development, or use
meets the performance standards herein set forth and such state or
federal standards as may be more stringent than those set forth herein.
Failure to comply with the performance standards at any time after
the issuance of a certificate of occupancy shall be cause for revocation
of such certificate. In reviewing any plan, the Planning Board or
Zoning Board of Adjustment shall consider the following:
(1)
The pedestrian and vehicular traffic movement within and adjacent
to the site with particular emphasis on the provision and layout of
parking areas, off-street loading and unloading spaces; movement of
people, goods and vehicles to and from access roads, within the site,
and between buildings and vehicles.
(2)
The site design and layout of buildings and parking areas shall
be reviewed so as to provide an aesthetically pleasing design and
efficient arrangement. Particular attention shall be given to public
safety and fire protection, impact on surrounding developments and
contiguous and adjacent buildings and lands.
(3)
Lighting shall be provided to ensure safe movement of persons
and vehicles and for security purposes. Directional lights shall be
arranged so as to minimize or eliminate glare and reflection on adjacent
properties and on the use itself.
(4)
Buffering shall be located around the perimeter of the site
to minimize the impact of vehicle headlights, noise, light from structures,
the movement of people and vehicles, and to shield activities from
adjacent properties when necessary. Buffering shall consist of fencing,
landscaped berms, evergreen trees and shrubs, and deciduous trees
or combinations thereof to achieve the stated objectives.
(5)
Landscaping shall be provided as part of the overall development
design and integrated into building arrangements, topography, parking
and buffering requirements. Landscaping shall include the preservation
of existing vegetation to the extent possible as well as trees, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
(6)
Common open space shall be provided as part of any planned development.
Open space shall be classified as developed (recreational) or undeveloped
(natural) space. Undeveloped open space shall have as a prime objective
the preservation of a site's natural amenities.
(7)
Signs shall be designed to be aesthetically pleasing and harmonious
with other signs and buildings on the site. They shall be located
to achieve their purpose without constituting hazards to vehicles
and pedestrians or be visually distracting to the overall site design.
(8)
Storm drainage, sanitary waste disposal, water supply and solid
waste collection and disposal shall be reviewed. Particular emphasis
shall be given to the establishment of drainage rights-of-way and
the adequacy of existing utility systems, and the need for improvements
both on-site and off-tract, where appropriate, to adequately carry
run-off and sewage, and to maintain an adequate supply of water at
sufficient pressure.
(9)
Environmental elements relating to the prevention of soil erosion,
preservation of trees, protection of watercourses, wetlands and floodplains,
protection of water resources, noise, air quality, topography, and
soil shall be reviewed and the design and implementation of the plan
shall minimize adverse impacts on these elements and others that may
be identified in the course of plan review and approval.
(10)
The development shall provide for those elements of street furniture
appropriate to the particular use and site. These shall include, but
not limited to, phone booths, benches, bike racks, trash receptacles
and bus shelters or combinations thereof to achieve the stated objectives.
(11)
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood control basins,
or public areas such as parks, school sites, historic sites or similar
lands within the proposed development, such areas shall be shown on
the plan in locations and sizes suitable to their intended uses. The
Planning Board may reserve the locations and extent of such public
areas in accordance with the requirements of N.J.S.A. 40:55D-44.
The standards noted above and elsewhere in this chapter shall
be for the general purpose of:
A.
Enhancing neighborhoods and the overall community.
B.
Providing adequate access and off-street parking and loading facilities
for employees and visitors.
C.
Providing fencing and/or landscaping where reasonably necessary for
safety and/or screening purposes.
D.
Preventing uses which may tend to endanger life or property or create
hazards from fire, explosion, radiation or produce objectionable smoke,
heat, glare, vibration or noise, whether or not any of such hazards
are confined to the property shown on the development plan.
E.
Requiring that all raw materials, fuel, goods in process, finished
goods, machinery and equipment shall be appropriately housed and/or
screened.
F.
Prohibiting the emission of noxious, toxic or corrosive fuels, gases,
or odors or the exhaust of waste or dust or other substances into
the air.
G.
Providing off-street parking and loading areas appropriately designed
to minimize traffic circulation problems. Off-street loading spaces
shall be located so that no vehicle waiting to be loaded or unloaded,
maneuvering into a space or parked in a space shall interfere with
any parking space, sidewalk, street, fire lane, driveway, aisle or
other loading space or sight triangle.
H.
In the event a particular development is to be constructed in stages
or sections, a development plan for each particular stage or section
shall be required for the issuance of each building permit.
A.
The applicant shall observe the requirements and principles of land
subdivision and site plan development in the design of each minor
and major subdivision or portion thereof of a site plan development
in a manner also conforming with other ordinances of the City as well
as this chapter.
B.
Any minor or major subdivision or site plan shall demonstrate conformance
to design standards that will encourage sound development patterns
within the City. Where either an Official Map or Master Plan have
been adopted, the subdivision or site plan shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds, scenic sites, historic
sites and flood control basins shown on the officially adopted Master
Plan or Official Map shall be considered in the approval of subdivision
plats and site plans. In accordance with good subdivision design practices,
extreme deviations from rectangular lot shapes and straight lot lines
shall not be allowed unless made necessary by special topographic
conditions or other special conditions acceptable to the Board. All
improvements shall be installed or connected with existing facilities
or installed in required locations to enable future connections with
approved systems or contemplated systems and shall be adequate to
handle all present and probably future development.
A.
No development shall take place within the City, nor shall any land
be cleared or altered, nor shall any watercourse be diverted or its
channel or floodplain dredged or filled, nor shall any parking areas,
accessory or otherwise, or accessways thereto be constructed, installed
or enlarged, nor shall any building permit, certificate of occupancy,
zoning permit or other required permit be issued with respect to any
such structure, land or parking area except in accordance with an
approval of such development by the Planning Board pursuant to the
design standards as outlined in this chapter, unless exempted.
B.
Except as specifically modified herein, the Residential Site Improvement
Standards (RSIS) adopted by the State of New Jersey under N.J.A.C.
5:21-1 et seq. are hereby adopted as the site improvement standards
for residential and nonresidential development in the City.
C.
Deviations from performance and design standards of this chapter
which are not the subject matter of the New Jersey Residential Site
Improvement Standards (RSIS) shall be considered as exceptions within
the meaning of N.J.S.A. 40:55D-51.
D.
All improvements shall be installed in required locations to enable
future connections with approved systems of contemplated systems and
shall be adequate to handle all present and probable future development.
A.
Air quality. No use governed by federal or state air quality regulations
shall emit into the air heat, odor, vibrations, noise or any other
pollutant which exceeds the most stringent requirements of the applicable
federal or state regulations.
B.
Emissions. In all districts, no use, activity, operation or device
shall be established, modified, constructed or used without having
first obtained valid permits and certificates from the Bureau of Air
Pollution Control, NJDEP pursuant to N.J.A.C. 7:27-8. Specifically,
no use, activity, operation or device shall be established, modified
or constructed without a valid permit to construct. No use, activity,
operation or device shall be operated, occupied or used without a
valid certificate to operate control apparatus or equipment. Proof
of compliance with this requirement shall be the submission of duplicate
copies of the permit to construct and certificate to operate. In addition
to the requirements of NJDEP, the following shall also apply:
(1)
Particulate matter shall not be discharged into the outdoor
air in a concentration exceeding 0.03 grain per cubic foot of gas
at actual gas conditions unless a minimum of 95% of such particles
leaving the process in the stack gas are removed from the gas prior
to discharge. However, regardless of degree of gas cleaning, the following
provisions shall apply:
(a)
The concentration of solid particles shall not exceed 0.05 grain
per cubic foot at 600° F. and one atmosphere pressure.
(b)
No more than 3% by weight of the particles discharged shall
equal or exceed 44 microns in diameter.
(c)
No more than 20 pounds of particulate matter per hour shall
be discharged into the outdoor air from any single source.
(2)
Visible emission, such as smoke, the shade or appearance of
which is darker than No. 1 on the Ringlemann Smoke Chart, shall not
be discharged into the open air from any fuel-burning equipment; provided,
however, that smoke emitted during the clearing of a fire box or the
building of an new fire, the shade or appearance of which is not darker
than No. 2 on the Ringlemann Smoke Chart, shall be permitted for a
period or periods aggregating no more than three minutes in any 15
consecutive minutes.
C.
Toxic and radioactive substances. Emissions of chemicals, gases,
components or elements listed as being toxic matter by the American
Conference of Governmental Hygienists, New Jersey Department of Labor
or the United States Environmental Protection Agency shall not exceed
the threshold level. Proof of compliance shall require the submission
of copies of certificates or permits from the New Jersey Department
of Environmental Protection approving the concentrations, level or
loading proposed by the applicant. There shall be no radioactive substances
associated with any use.
D.
Drainage. No stormwater or natural drainage which originates on the
property or water generated by the activity (i.e., air conditioners,
swimming pools, etc.) shall be diverted across property lines unless
transported in an approved or existing drainage system.
E.
Electronic equipment. All electric or electronic devices are subject
to the provisions of federal and state laws and regulations, including
42 U.S.C. 263b et seq., "An Act for the Protection of Public Health
and Safety from the Dangers of Electronic Product Radiation,"[1] and the applicable regulations and guidelines promulgated
by the Secretary of the Department of Health and Human Services. Electronic
products shall be so limited and controlled so that no measurable
energy can be recorded at any point beyond the property lines. The
applicant, upon request, shall produce certified data wherein measurements
made in accordance with the procedures and standards established by
the United States Department of Health and Human Services adequately
demonstrate compliance with the minimum standards required by law.
All other forms of electromagnetic radiation lying between 100 KHz
and 10 GHz shall be restricted to the technical limits established
in the Federal Community Commission's Rules and Regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
(or beyond the operator's dwelling unit in the case of multifamily
dwellings) as the result of the operation of the equipment.
[1]
Editor's Note: So in original.
F.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining units, adjoining districts or streets.
G.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which could cause the temperature
to rise or fall in any body of water, except that this provision shall
not apply to any sewage treatment plant which has received approval
by the New Jersey Department of Environmental Protection.
H.
Noise.[2] Noise levels shall be designated and operated in accordance
with local regulations and those rules established by the New Jersey
Department of Environmental Protection as they may be adopted and
amended.
(1)
Noises shall not exceed 55 dba in residential districts and
65 dba in all other districts measured on or beyond the neighboring
use, lot line or district boundaries.
(2)
Noises such as alarms, sirens, emergency warning devices, motor
vehicles, clock bells or church bells are excluded from the above
limitations.
I.
Odor. Odors shall not be discernible at the lot line or beyond. Any
process which may involve the creation or emission of any odors shall
be provided with a secondary safeguard system so that control will
be maintained if the primary safeguard system should fail.
J.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless set back from all property lines at least 10
feet or equipped with baffles to deflect the discharged air away from
the adjacent use. Air conditioners and vents on rooftops shall be
screened from view.
K.
Vibration. Vibration levels shall not exceed a particle velocity
of 0.05 inches per second in any district. During the hours of 9:00
p.m. to 7:00 a.m., said velocity shall not exceed 0.02 inches per
second in residential districts.
L.
Visibility. At the intersection of roadways or at any point of entry
onto a public roadway, no structure or planting which obscures vision
above a height of 2 1/2 feet above grade shall be permitted within
a clear sight triangle.
M.
Storage. All outdoor storage facilities for fuel, raw materials and
products stored outdoors shall be enclosed by an approved safety fence
and suitable landscaping to screen such areas from public view and
must comply with ordinance landscaping and buffering requirements.
N.
Waste. No materials, wastes or other substances shall be stored or
maintained upon a lot in such a manner that natural runoff from such
areas on a site with an approved stormwater drainage plan can impair
the existing water quality of a stream, watercourse or aquifer more
than the primary use intended for the lot.
The following general design guidelines shall be used to prepare
and review the physical, visual and spatial characteristics and overall
appearance of a development plan and building(s) in relationship to
the existing streetscape, neighborhood and district in which such
is located and to the City generally:
A.
Consideration of context. An individual development plan shall not
be considered on its own, but with sufficient regard to the existing
streetscape, neighborhood and district in which it is located and
to the City generally. Extreme consideration and respect shall be
given to abutting and nearby properties and the existing buildings,
site improvements and open spaces located thereon and in adjacent
portions of the public rights-of-way.
B.
Urban design elements. The physical, visual and spatial characteristics
of a streetscape, neighborhood, district and the City generally shall
be established and reinforced through the consistent use of compatible
urban design elements. Such urban design elements shall relate the
physical, visual and spatial characteristics of an individual development
to other existing and planned developments in a harmonious manner,
resulting in a coherent overall development pattern for an entire
streetscape, neighborhood and district and the City generally. A development
plan shall relate to and reinforce urban design elements where such
exist, as established by an urban design elements inventory conducted
of the streetscape, neighborhood and district in which such development
is located. If a site is located in a streetscape, neighborhood or
district where existing design elements are weak or nonexistent, the
development plan shall establish design elements that relate to the
community generally, based on an urban design inventory of the City.
In the case of an addition or renovation to an existing building,
the development plan shall also relate to and reinforce design elements
of such existing building. Urban design elements to be addressed in
a development plan shall include but not be limited to the following:
(1)
Scale, as defined by the height of a building and its component
elements.
(2)
Massing, as defined by the shape, dimensions and volume of the
solid form of a building.
(3)
Proportion, as defined by comparing the width of a building
wall to the height of the same.
(4)
Rhythm of solid to voids, as defined by comparing the solid
portions of a building wall to the voids formed by door and window
openings and recesses in the same.
(5)
Horizontal courses, as defined by the base course, middle wall
section, belt courses and cornice of a building.
(6)
Projections and recesses, as defined by the projections formed
by such elements as bay windows, dormers, cornices and eaves from
the building wall surface and the indentations formed by such elements
as porch and window recesses from the same.
(7)
Roof form, as defined by the type, shape and pitch of the roof
of a building.
(8)
First floor elevation, as defined by the height of the first
floor level of a building from the ground and any elements, such as
stairs, that facilitate transition between levels.
(9)
Entrance treatment, as defined by the placement and articulation
of the entrance to a building.
(10)
Street orientation, as defined by the visual and functional
orientation of the front facade and entrance of a building to the
street and sidewalk.
(11)
Footprint, as defined by the location and coverage of the lot
by the building area of the ground floor.
(12)
Setbacks, as defined by the dimensions a building is set back
from front, side and rear lot lines.
(13)
Yard areas, as defined by the areas of open space remaining
between front, side and rear lot lines and a building.
(14)
Architectural style, materials, colors and details.
(15)
Signage.
(16)
Shade trees.
(17)
Lampposts and other lighting fixtures.
(18)
Landscaping.
(19)
Walls and fencing.
(20)
Sidewalks and walkways.
(21)
Benches, trash receptacles and other street or site furniture.
C.
Green design guidelines. Green building guidelines ensure that development
within the City preserves the unique character of the site. The City
desires that developers construct sustainable or "green" buildings.
The guidelines that follow are intended to result in environmentally
friendly and economically vibrant projects. According to the United
States Green Building Council (USGBC), LEED evaluates environmental
performance from a whole-building perspective over a building's life
cycle, providing a definitive standard for what constitutes a "green
building." It is based on accepted energy and environmental principles
and strikes a balance between known established practices and emerging
concepts. LEED is a performance-oriented system in which scoring points
are earned for satisfying performance criteria in the categories of
sustainable site development for new construction: reducing the urban
heat island, energy efficiency, water savings, materials selection
and in indoor environmental quality. Different levels of green building
certification are awarded by the USGBC based on the total points earned.
As a means of evaluation and measuring achievements in sustainable
design, this chapter encourages design, construction, and operation
of developments that meet criteria for a LEED-certified rating as
follows:
(1)
General.
(a)
All new development located within the City are encouraged to
meet a minimum LEED™ Certification rating under the LEED Rating
System and be so certified by the United States Green Building Council.
(b)
All building projects are encouraged to have a LEED-accredited
professional as a principal member of the design team from the beginning
of the project.
(c)
Energy Star. For multifamily residential projects; appliance
and fixtures should if possible, meet United States EPA's Energy Star
Standards. Projects should include Energy Star compliant clothes washers,
dishwashers, refrigerators, ceiling fans, ventilation fans (including
kitchen and bathroom fans), light fixtures (halls and common areas),
and exit signs. To enhance energy efficiency further, the project
should also choose and install two of the following Energy Star components:
programmable thermostats (in residential units), residential light
fixtures, windows and doors; and HVAC systems.
(d)
Applicants are encouraged to submit to the City the following
information at the time of site plan application:
(2)
Reducing the urban heat island. The ambient air in urban environments
is usually significantly warmer (sometimes more than 10° F. warmer)
than air in less developed areas, an effect known as the urban heat
island. Dark, nonreflective surfaces absorb heat from the sun and
then radiate it back to the surrounding area. Such hotter temperatures
lead to an increased need for air conditioning, which costs money
and consumes significant amounts of energy. Current statistics show
that air conditioning consumes one sixth of all electricity used in
the United States. The following guidelines help to mitigate the formation
of an urban heat island:
(a)
Provide shade trees (within five years) for 30% of the site's
nonroof impervious surfaces.
(b)
Use light-colored/high albedo materials (reflectance of at least
0.3) for at least 30% of the site's nonroof impervious surfaces.
(c)
Use highly reflective and high-emissive roofing materials (at
least 0.9 when tested in accordance with ASTM 408) for at least 75%
of the roof surface. In addition to the operational benefits to the
building, this application helps to extend the life span of a roof.
(d)
Use a "green" vegetative roof for at least 50% of the roof area.
In addition to its ability to reduce stormwater flows and provide
insulation, this application helps to extend the life span of the
roof.
(3)
Energy efficiency.
(a)
Buildings should be designed to exceed by 20% the state energy
code or the most recent edition of ASHRAE/IENA Standard 90.1 (without
amendments), whichever is more stringent.
(b)
Building owners are encouraged to provide a portion of the total
energy used by a building with on-site sources, such as photovoltaic
systems.
(4)
Water savings. The following guidelines help decrease the amount
of municipal water needed for buildings:
(5)
Materials selection and indoor environmental quality. The following
materials guidelines ensure quality environments that help decrease
the environmental impact of the materials needed for buildings:
(a)
Divert as much construction waste away from disposal in landfills
as possible by recycling construction materials including metal, wood,
concrete, brick, drywall and cardboard.
(b)
Incorporate building materials that contain a high percentage
of recycled content.
(c)
Incorporate building materials that have been manufactured and
where possible generated regionally. Using regional products not only
reduces the amount of energy required for transportation, but also
supports the local economy.
(d)
Incorporate bio-based building materials where possible. This
includes materials incorporating certified wood, bamboo, wool, cotton,
cork, natural linoleum and agricultural fiber boards.
(e)
Limit the amount of indoor air contaminants that are introduced
through building materials where possible. Materials, including adhesives,
sealants, paints and carpets with lower VOC values shall be preferred
over standard versions. Materials made of wood and agricultural fiber
shall contain no added urea formaldehyde.
A.
In the site planning and layout of townhouse, multifamily and higher
density residential developments, the following principles, as appropriate,
shall be considered:
(1)
For townhouse style or similar attached structures, a maximum
of 10 dwelling units in a single row with a minimum offset of two
to four feet between every two dwelling units should be encouraged.
No more than six dwelling units should be permitted in a straight
line. The planes of other straight facades should be no more than
80 feet in length without at least a two-foot offset. Townhouses should
be grouped in clusters (i.e., buildings arranged in a row or L-shaped
or U-shaped groupings). Private parking areas shall be located near
the entrances and outdoor living areas or patios adjoining open space
or paths leading to open space. Townhouses and similar style structures
shall be consistent in terms of architectural style and major design
elements such as materials, color tones, windows, roof lines, or roof
design.
(2)
The site plan should be broken into visually small groupings
such as quadrangles, clusters and courts, devices to slow speed and
reduce the size of each visual grouping, such as garden walls and
gates, reduction in setbacks of facing buildings, and variable landscape
layouts.
(3)
Architectural elements such as masonry walls and fences shall
be compatible, in both style and materials, with the dwelling unit
and development of which it is a part.
(4)
Architectural style and major design elements of each dwelling
unit, such as materials, color tones, windows, and roof design, shall
be compatible with all proposed dwelling units in the immediate neighborhood.
Building exteriors shall have vertical and/or horizontal offsets to
create visual breaks on the exterior.
(5)
All garages or carports shall conform architecturally to and
be of similar materials as the principal building in the development.
(6)
An outdoor private living space shall be provided for each dwelling
unit. Buildings shall have open balconies or decks and patios.
(7)
Each building or complex of buildings shall have an architectural
theme with appropriate variations in design to provide attractiveness
to the development compatible with the development and in its relationship
to adjacent land uses. Such variations in design shall result from
the use of landscaping and the orientation of buildings to the natural
features of the site and to other buildings as well as from varying
unit widths, using different exterior materials, changing rooflines
and roof designs, varying building heights, and changing window types,
shutters, doors, porches, and exterior colors. Architectural elevations
shall be submitted to the Planning Board for review and approval.
(8)
All dwelling units shall be connected to approved and functioning
water and sanitary sewer systems prior to the issuance of a certificate
of occupancy.
(9)
Sufficient area and equipment shall be made available within
each building for the laundering and artificial drying of the laundry
of the occupants of each building.
(10)
Dwelling units shall have access to a master television antenna
system and individual units may not erect individual external television
antennas.
(11)
No dwelling unit shall be constructed below grade. Units shall
be designed in such a manner as to provide maximum security and visual
privacy from adjacent dwelling units.
(12)
The use of natural lighting and solar heating is encouraged.
Buildings shall be sited so as to take advantage of view, sun, and
wind factors.
(13)
The color and material used on roofs shall blend with the surrounding
built environment.
(14)
Fireplaces and chimneys must be proportionate to and architecturally
consistent with the overall design.
(15)
Roof gutters, when installed, shall be integrated into the roof
structure.
(16)
Skylights must be unobtrusive and integrated into the structure.
(17)
Roof-mounted mechanical equipment must be concealed and must
not generate excessive noise.
(18)
The color, design, and materials of front doors of a residence
must be consistent with the color, design, and materials of the residence.
All exterior doors of a residence must be consistent with each other.
(19)
Exterior trim and detailing shall be consistent around the entire
house.
(20)
Mailboxes shall be designed and consistent with the architectural
design of the residence. Mailboxes shall be as low to the ground as
possible, and integrated into the surrounding landscaping.
B.
In the site planning and layout of nonresidential developments, the
following principles, as appropriate, shall be considered:
(1)
Site design criteria.
(a)
Passive solar-design orientation shall be encouraged.
(b)
Through the site access locations and on-site circulation and
building layout there shall be minimum conflicts among service vehicles,
private automobiles, and pedestrians on the site.
(c)
Visitor building entrances and vehicular entrance driveways
shall be readily identifiable and accessible to the first-time visitor.
(d)
Building entries shall be highlighted by such features as: outdoor
patios; ceremonial entry porte-cocheres; plazas; crosswalks or other
landscape features; special planters and plantings; specially treated
architectural walls; covered walkways; and recesses, projections and
arches.
(e)
The visual impact of large surface parking lots located in front
of buildings and along street frontages shall be minimized with landscaping,
landscaped earthen berms, and pedestrian systems and/or by making
parking lots smaller.
(f)
Buildings and structures shall be arranged and clustered to
maximize opportunities for shared circulation, parking, loading, pedestrian
walkways and plazas, recreation areas, transit-related facilities,
and day and night security surveillance.
(2)
Building massing and form.
(a)
The architectural character of each proposed building or structure
shall be of a contemporary design and style.
(b)
All buildings shall have a horizontal appearance brought about
by the use of horizontal bands and fascia to minimize the verticality
of the structure. Materials, colors and finishes shall be coordinated
in all exterior elevations of each building to achieve sympathy of
expression.
(c)
No commercial statements of the occupant's products or services
shall be allowed as part of the building facade or elevation with
the exception of signage.
(d)
Architectural designs shall be evaluated in terms of the sensitive
integration of form, textures, and colors with the particular landscape
and topographic characteristics of each individual site.
(e)
Groups of related buildings shall be designed to present a harmonious
appearance in terms of style and use of exterior materials, fenestration
and roof type.
(f)
Accessory buildings shall be architecturally treated in the
same manner as a principal structure(s).
(g)
Building exterior walls shall be visually reduced to human scale
by: grouping into smaller or multiple structures, mature landscaping
and land form manipulation, wall texture placement clustering small-scale
elements such as planter walls around the major form, creation of
a horizontal shadow line and offsets and/or breaks in the building
line.
(h)
Radical theme structures or signage, building and roof forms
which draw unnecessary attention from streets to the building shall
not be acceptable.
(i)
The primary building objective is to maintain an architecturally
harmonious complex or development. Each building should be sensitive
to the immediate neighboring structure and drastic variations in scale,
texture or colors shall not be permitted.
(j)
The exterior design of all permitted buildings on lots which
abut a residential district or any street opposite land in a residential
district shall be in harmony with the general character of the residential
neighborhood through the use of building materials and colors.
(k)
The primary building objective shall be to maintain an architecturally
harmonious development. Each building shall be sensitive to the immediate
neighboring structure. Inconsistent variations in scale, texture or
colors shall not be permitted.
(l)
Opportunities to provide walkway systems to adjoining buildings,
including common plazas or courtyards, are encouraged.
(3)
Building appearance.
(a)
To maintain a high standard of construction and appearance and
to provide interesting and tasteful exteriors, the exterior walls
of each building shall be constructed of durable permanent architectural
materials compatible with campus-like standards, tastefully handled,
i.e., carefully selected brick; stone with a weathered face or polished,
fluted, or broken-faced. Predominant exterior building materials shall
not include smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels.
(b)
Pre-engineered metal buildings, industrial-type structures featuring
predominantly painted exteriors, and corrugated metal-sided or clapboard
aluminum sided "Butler" type buildings shall not be permitted.
(c)
Building roofs are to be uncluttered. Vertical roof projections
such as towers, vents, stacks or roof-mounted equipment shall be avoided.
All penetrations through the roof (i.e., mechanical equipment or skylights)
must be organized in a manner that is integral to the architectural
form of the building, or completely screened from view by parapet
walls or approved enclosures. Screens shall be attractive in appearance
and reflect or complement the architecture of the building to which
they belong.
(d)
Design of canopies shall be in keeping with the design of the
building.
(e)
Loading areas shall be screened using architectural walls and/or
landscaping.
(f)
All facade materials must be maintenance free. There shall be
no exposed common concrete block on the exterior of any building,
and painted concrete block shall not be permitted.
(g)
Window treatment shall be required along the front and sides
of all buildings.
(h)
Drainage pipes on building surfaces must be on the interior
and not exposed.
(4)
Building color and texture.
(5)
Parking and circulation.
(a)
Each development site must provide adequate off-street automobile
parking and loading facilities and no parking or loading facilities
shall be permitted on any street, entrance drive, or any place other
than in an approved location. Off-street parking and loading design
shall conform to those standards identified in this chapter although
actual design may be based on site experiences at other locations.
It may not be necessary to pave the entire parking area established
by ratios found in this chapter where it can be demonstrated by the
applicant that the minimum ordinance requirements are in excess of
need.
(b)
Parking areas shall provide safe, convenient, and efficient
access. They shall be placed next to buildings in order to shorten
the distance to other buildings and sidewalks and to reduce the overall
scale of the paved surface.
(c)
All parking areas shall be screened from streets and adjacent
parcels by fencing and/or walls plus landscaping to assure that the
visual effect of large paved areas and standing automobiles is minimized
and that the effect of the natural landscape and the architecture
dominates. Parking areas shall also be subdivided by planting islands
containing trees and other landscape materials. Planting islands shall
be located at selected intervals where they will aid in reducing the
visual expanse of pavement areas.
(d)
The number of access drives per lot or parcel shall be subject
to Planning Board review to ensure the intended landscape continuity
within the setbacks, while allowing the necessary flexibility for
development of individual lots. As a planning guide, each parcel shall
be limited to one access drive, and no parcel should have more than
two access drives. Consolidation of access drives on adjacent parcels
shall be encouraged, particularly when adjacent parcels are developed
simultaneously. This will reduce the number and area of driveway openings
on a given length of a roadway, as well as provide greater latitude
in developing the sites.
(e)
Parking areas shall be located to maximize the potential for
shared parking between uses. Parking areas shall be designed and located
so as to facilitate transit, bicycle and pedestrian access. Parking
spaces closest to the building entrances, in order, shall be reserved
for:
(f)
Any new parking structure shall be subject to variable setbacks
to assure the appropriateness of a use at its proposed location.
(g)
Bicycle lockers and/or stands shall be provided as close to
building entrances as possible and may be located in front of a building.
If the building is served by a bus line, a bus pullout or parking
stop and a bus shelter shall be provided as close to a building entrance
as possible, either within the street right-of-way or on the site.
(h)
Some textured crosswalks shall be used where pedestrians come
in contact with vehicular traffic. All walks must be well lighted.
On-site pedestrian linkages may connect buildings to external perimeter
pedestrian systems.
(6)
Traffic management and planning. The applicant may be required
to submit a traffic management plan to incorporate one or more of
the following: staggered work hours, flex-time, four-day work week,
mass transit, park and ride, car and van pooling. The plan shall establish
traffic reduction goals and propose how such goals will be addressed
and satisfied by the applicant.
(7)
Landscaping.
(a)
Locations.
[1]
Landscaping shall be required in those areas that are designated
as required setback areas, areas within parking lots, and areas not
used for ingress, egress, parking, or storage, and areas subject to
grading and recontouring. Although each site could have a different
building configuration and use, and in some cases individual owners,
an overall landscape theme dealing with major design elements shall
be established. These elements shall include:
[2]
On individual sites, flexibility in design and choice of landscape
materials is encouraged, provided such designs utilize and/or augment
suggested plant materials and plant sizes. Rear and side yards shall
be landscaped as to provide an effective screen, at the time of planting,
to obscure from view at ground level the permitted use from adjoining
primary uses of a dissimilar nature.
(b)
The design and development of landscaping shall:
[1]
Enhance the appearance of the site internally and from a distance;
[2]
Include street trees and streetside landscaping;
[3]
Provide an integrated open space and pedestrianway system within
the development with appropriate connections to surrounding properties;
[4]
Include, as appropriate, bike paths, bike lanes, sidewalks,
pedestrian walkways and/or jogging trails;
[5]
Provide buffering or transitions between uses;
[6]
Provide conveniently located outdoor eating areas;
[7]
Provide outdoor recreation areas appropriate to serve all the
uses within the development;
[8]
Provide for the screening of an industrial or commercial development
from adjoining residential and nonresidential uses through stands
of suitable coniferous trees with interspersed flowering and deciduous
trees deemed appropriate as part of an integrated landscape plan that
is reviewed and approved by the Planning Board.
(c)
Landscaping shall be designed and installed in accordance with
professional standards and all landscape plans shall be subject to
Planning Board review and approval. All such landscaping, including
lawn areas, trees and shrubbery shall be maintained in excellent condition
by cutting, trimming, feeding, watering and weeding. Plants shall
be replaced as may be required by ordinance. Landscaping shall be
installed upon the substantial completion of the building, weather
permitting, and an underground irrigation system may be required by
the Planning Board in some or all landscaped areas.
(d)
Existing vegetation to be preserved on each site shall be designated
on each plan prior to construction. Techniques to be employed to preserve
such vegetated areas shall be submitted to the Planning Board for
review and approval. Such techniques shall address the following elements
of tree structure so as to avoid damaging effects during and after
construction to these elements: crown; branch system; drip line; existing
grade, drainage and soil character; root system; and feeder root system.
All trees that are not to be preserved are to be removed in a manner
that will not damage the remaining trees. Any trees to remain which
have been damaged during the clearing operation must be repaired in
an approved manner by a qualified New Jersey arborist (tree expert)
as soon as final clearing has been completed.
(e)
All required planting and screening shall be maintained in good
condition.
(8)
Drainage.
(a)
Each parcel's stormwater drainage will be collected on site
and released at an approved location or locations. After being temporarily
detained in basins, the stormwater will be released at a controlled
rate into the channel systems which becomes part of the natural drainage
watershed. In cases where water drains onto the parcel from adjacent
parcels, the drainage system will provide for the inflow, unless special
arrangements are made to the contrary.
(b)
Stormwater detention areas may be necessary to ensure recharge
of sensitive groundwater systems at a rate equivalent to the natural
site conditions before development. Determination of this need will
be made by the City Engineer on the basis of topography, subsoil characteristics,
aquifer characteristics, and ground coverage. The requirement of a
detention area will be established after review of the plan at the
schematic design stage, at which time the coverage and grading can
be properly determined. Engineering design standards should be based
on those governing City stormwater management as advanced by the New
Jersey Department of Environmental Protection.
(9)
Lighting.
(a)
Well-designed soft lighting of the building exterior shall be
permitted provided that the lighting complements the architecture.
The lighting should not draw inordinate attention to the building.
(b)
Parking lot, service area, and roadway lighting shall be provided
by either wall-mounted and/or freestanding fixtures designed to minimize
glare to the street and adjacent properties. The type of fixture and
color of lamping will be evaluated for their compatibility with existing
streetlighting, building architecture and natural site characteristics.
(c)
The lighting for pedestrian walkways may include either cut-off
or exposed sources, but the height and intensity of the light must
be subdued.
(d)
All lighting shall be designed and installed to avoid off-site
spillage and halo effect to the greatest extent reasonably possible
and consistent with public safety. Light sources should not be visible
from outside the boundaries of the site.
(e)
All lighting designs and installation are subject to Planning
Board review and approval.
(10)
Signage.
(a)
All signs shall be required to satisfy all of the requirements
as set forth in this chapter. The Planning Board shall have the right
to modify the requirements whenever such modifications are necessary
to achieve an appropriate overall design theme.
(b)
An overall graphic signage plan shall be developed to complement
the overall site layout.
(c)
Identification signage may be erected at the entrance to each
parcel in an area to be designated by the Planning Board. The design,
format, and materials of the sign must be consistent with the site
architecture. No flashing, neon or moving elements shall be permitted.
Such signs may indicate the street address, the company or development
name and logo.
(d)
Identification signage of a smaller scale may be permitted on
the exterior of the building at a location related to the principal
entrance carrying the occupant's logo or symbol and such other locations
as the Planning Board shall permit. They may be placed on the building
surface or in a freestanding position, provided that the latter is
clearly integrated with the building architecture. They shall not
project above any roof or canopy elevations.
(e)
As the need may arise during construction, directory-type signs
identifying groups of building locations may be established.
(f)
Any on-site directional, traffic, or parking control signs on
the site shall be reviewed by the Planning Board, with the intent
that these signs shall be restricted to the minimum necessary, will
be visually unobtrusive, and will be consistent in format, lettering,
and coloring.
(11)
Utilities. All utilities and related appurtenances on the site
shall be underground or located in a building or structure.
(12)
Street furniture, plazas, and other amenities.
(a)
The design of a building's related entrance areas, plazas or
terraces shall vary based on the intentions and needs of individual
building uses. At a minimum, however, building entrances shall be
highlighted with plant materials and paved surfaces.
(b)
In time, the need for varied forms of street furniture beyond
signage may arise. For example, introductions of a public or private
transit system may necessitate bus shelters. As such needs become
formalized, the developer shall prepare a basic design vocabulary
to cover such individualized needs consistent with the overall design
program.
(c)
Every development shall include some or all of these spaces:
space for performing art, public art, patio/seating areas, pedestrian
plazas with benches, kiosk areas, water feature, clock tower or other
such deliberately shaped area and/or a focal feature or amenity that
in the judgment of the Planning Board, adequately enhances such spaces.
Any such areas shall have direct access to a sidewalk network and
such features shall not be constructed of materials that are inferior
to the principal materials of the building and overall landscape theme.
(13)
Screening of loading and service areas. All loading docks and
service areas must be sufficient to serve the business being conducted
on the parcel without using adjacent streets. No loading and service
areas shall be visible from any neighboring property or adjacent street.
Provision must be made for handling all freight on those sides of
the buildings which do not face a street. The recommended method of
screening shall consist of walls and gates compatible in color and
texture with the building material, buffered by deciduous and evergreen
shrubs and trees, so as not to be visible from neighboring properties
and streets. Delivery and loading operations shall not disturb adjoining
residential neighborhoods or other land uses.
(14)
Refuse collection and recycling.
(a)
All outdoor containers shall be visually screened within a durable,
noncombustible enclosure, so as not to be visible from adjacent lots
or sites, neighboring properties or streets. No collection areas shall
be permitted between a street and the front of a building. Appropriate
landscaping shall be installed to form a year-round effective visual
screen at time of planting.
(b)
Collection areas should be effectively designed to contain all
material generated on site and deposited between collections. Deposited
materials should not be visible from outside the enclosure.
(c)
Collection enclosures should be designed of durable materials
with finishes and colors which are unified and harmonious with the
overall architectural theme.
(d)
Collection areas should be so located upon the site as to provide
clear and convenient access to collection vehicles. Refuse collection
and recycling areas shall not be located within parking areas or required
landscaped yards and buffers.
(e)
Collection areas should be designed and located upon the property
as to be convenient for the deposition of material generated on site.
(f)
An option to reduce the visual impact of the collection containers
is to store and compact material inside the building at the service
area, thus eliminating the need to screen outside containers.
(g)
Delivery, loading, trash removal or compaction, or other such
operations may be limited by the Planning Board between certain hours
where noise impacts at the lot line of any adjoining residential property
or district shall be required to meet City and state requirements.
(15)
Storage.
(a)
No open storage shall be permitted on any site. No articles,
merchandise, products, goods, materials, incinerator, storage tanks,
or like equipment shall be kept in the open or exposed to public view,
and no accessory use shall be constructed to permit open storage of
materials or goods.
(b)
Nonenclosed areas for storage shall be permanently defined and
screened with walls and/or fences. Materials, colors, and design of
screening walls and/or fences shall conform to those used as predominant
materials and colors on the building. If such areas are to be covered,
then the covering shall also conform to those used as predominant
materials and colors on the building.
(16)
Fences and walls. Fences are not desirable and shall be approved
only for limited service and/or storage areas. Chain-link fencing
shall be permitted but it is not generally desirable. Decorative fences
or walls shall be used to screen service and loading areas, private
patios or courts. They may be used to enclose recreational areas or
to secure sensitive areas to uses, such as vehicle storage areas.
Fences and walls shall not be located where they impede pedestrian
or bicycle circulation through or between site areas. If approved,
all fences and walls shall be designed as integrated parts of the
overall architectural and site designs. All materials shall be durable
and finished in textures and colors complementary to the overall architectural
design.
(17)
Maintenance. All site improvements including, but not limited
to, streets, drives, parking lots, drainage areas, culverts, curbing,
buildings, and lighting must be maintained in good condition and repair
by either the owner or other designated entity. Such maintenance includes,
but is not limited to, the following:
(a)
Prompt removal of all litter, trash, refuse, and wastes;
(b)
Lawn mowing;
(c)
Tree and shrub pruning;
(d)
Watering;
(e)
Keeping exterior lighting and mechanical facilities in working
order;
(f)
Keeping lawn and garden areas alive, free of weeds, and attractive;
(g)
Keeping parking areas, driveways, and roads in good repair;
(h)
Complying with all government health and police requirements;
(i)
Striping of parking areas and repainting of improvements;
(j)
Repair of exterior damages to improvements.
(18)
Sidewalks and/or pathways.
(a)
Sidewalks and/or pathways shall be installed by the applicant
within perimeter landscape areas along streets and/or drives.
(b)
On-site pedestrian circulation systems shall be provided to
meet the circulation needs of on-site users. Such systems shall provide
safe, all-weather efficient, and aesthetically pleasing means of on-site
movement and shall be an integrated part of the overall architectural
and site design concept. At a minimum, sidewalks and/or pathways shall
connect focal points of pedestrian activity such as, but not limited
to, transit stops, street crossings, building and entry points, and
shall feature adjoining landscaped areas that include trees, shrubs,
benches, flower beds, ground covers, or other such materials.
(c)
Sidewalks shall be provided along the full length of the building
along any facade featuring a visitor or customer entrance, and along
any facade abutting parking areas. Such sidewalks shall be located
from the facade of the building to provide planting beds for foundation
landscaping, except where features such as arcades or entryways are
part of the facade. Pedestrian sidewalks shall provide weather protection
features such as awnings or arcades when located close to customer
entrances.
(d)
Where appropriate, connections shall be made between on-site
and perimeter sidewalk and/or pathway circulation systems.
(e)
Some pedestrian crosswalks shall be clearly delineated by a
material different from the surrounding road surface through the use
of durable, low-maintenance surface materials such as pavers, bricks,
or scored concrete to enhance pedestrian safety and comfort, as well
as the attractiveness of the sidewalk and/or pathway.
(19)
Electrical and mechanical equipment. All exterior electrical
and mechanical equipment at ground level, such as transformers, shall
be screened and located at the side or rear of the building and away
from entrances. Screening methods shall include walls compatible with
the building material, and a plant material buffer utilizing a layered
installation of shrubs, flowering trees, and ground cover.
(20)
Common open space. An adequate amount of open space may be provided
and developed for on-site conservation and recreation facilities to
service the needs of all employees and their visitors. The applicant
shall submit a plan showing the proposed land area and general location
of any land area to be set aside for conservation and recreational
purposes and a general description of improvements to be made thereon,
including a plan for operation and maintenance.
A.
Within any residential district, no building with a permitted professional
home office or home occupation shall be constructed or altered so
as to be inharmonious with the residential character of the adjacent
residential areas.
B.
All new housing may be oriented on the lot so either the major axis
or the minor axis of the house is parallel to the street line. In
all cases, however, the facade facing the street line must be designed
to compliment the street. Architectural articulation using such elements
as windows, doors and/or porches is required. Blank facades facing
the street line will not be permitted.
C.
The City hereby finds that uniformity in the exterior design and
appearance of dwellings erected in the same residential neighborhood
tends to adversely affect the desirability of the immediate and neighboring
areas for residential purposes and impairs existing residential property
in such areas, tends to impair the value of both improved and unimproved
real property in such areas and tends to deprive the municipality
of tax revenue and destroys a proper balance between the taxable value
of real property in such areas and the cost of municipal services
provided therefore. It is the purpose of this section to prevent these
and other harmful effects of uniformity in design and appearance of
dwellings erected in any housing development in the same residential
neighborhood and thus to promote and protect the general welfare of
the community.
(1)
Not more than one construction permit shall be issued for any
particular single-family detached dwelling unit design in any housing
development consisting of two or more detached dwellings when the
houses are substantially alike in exterior design and appearance,
unless such similar houses either are separated by a distance of at
least 200 feet or are situated on individual lots which are themselves
separated at all points by a distance of at least 100 feet, whichever
distance will provide the least separation between houses.
(2)
Houses within such specified distance from each other shall
be considered uniform in exterior design and appearance if they have
any one of the following characteristics:
(a)
The same basic dimensions and floor plans are used without substantial
differentiation of one or more exterior elevations.
(b)
The height and design of the roofs are without substantial change
in design and appearance.
(c)
The size and type of windows and doors in the front elevation
are without substantial differentiation.
(3)
In addition, there shall be not less than one basic house design
and two different exterior elevations in every housing development
consisting of eight or fewer houses; not fewer than two basic house
designs and four different exterior elevations in every housing development
consisting of nine to 15 houses; not fewer than three basic house
designs and six different exterior elevations in every housing development
consisting of 16 houses to 50 houses; not fewer than four basic house
designs and seven different exterior elevations in every housing development
consisting of 51 houses to 77 houses; and not fewer than four basic
house designs and eight different elevations in every housing development
consisting of 78 or more houses.
(4)
To ensure conformity with the provisions of this article, no
construction permit shall hereafter be issued for more than one dwelling
in any housing development until the builder shall post or cause to
be posted, on each specific lot on the map of the subdivision on file
with the Construction Official, the type and model of each house for
which a construction permit has been or is being issued.
(5)
The provisions, requirements and standards heretofore set forth
shall not be considered met where there is an attempt to make minor
changes or deviations from building plans and location surveys, which
changes show an obvious intent to circumvent the purpose of this section.
(6)
Building elevations and floor plans for each required house
design must be submitted for review to the Planning Board at final
subdivision. Where an applicant has no immediate plans for construction,
these building elevations and floor plans must be submitted for review
to the Planning Board prior to the issuance of a building permit.
A.
Blocks. Block length and width or acreage within bounding roads shall
be such as to accommodate the size of lot required in the area by
this chapter and provide for convenient access, circulation control
and safety of street traffic.
B.
Lots.
(1)
Lot dimensions and areas shall not be less than the requirements
of this chapter.
(2)
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
(3)
Each lot shall abut a street. Where extra width has been, or
will be, dedicated for widening of existing streets, yard requirements
shall be measured from the dedicated right-of-way.
(4)
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as soil conditions,
rock formations, flood conditions or similar circumstances, the approving
authority may, after adequate investigation, withhold approval of
such lots or require remedial action before approval.
A.
Grading specifications.
(1)
Improved surfaces, including driveways, shall have a minimum
grade of 1% and a maximum grade of 10% and be so constructed as to
divert stormwater runoff away from any structure serviced by the improved
surface. Pedestrian walks shall have a minimum grade of 2%. Road and
parking lot grades along curblines and in concrete swales may be reduced
to 0.5%.
(2)
The grade away from foundation wall shall fall a minimum of
six inches within the first 10 feet, except where restricted by lot
lines, where the fall shall be a minimum of six inches regardless
of the horizontal distance available.
(3)
Minimum lawn grades shall be not less than 2%.
(4)
Permanent benchmarks shall be set for all major subdivisions
and for site plans exceeding two acres in size. Concrete monuments
or other similar permanent structures shall be used.
(5)
Minimum swale grades shall be not less than 2%. Embankment grades
shall not exceed a 3:1 slope.
(6)
Embankments in residential developments greater than three feet
in height shall not exceed a 5:1 slope.
(7)
Existing grades shall not be changed within five feet of the
boundary with an adjacent property.
(8)
Where drainage swales are located on residential lots, they
shall be placed as close to the property lines as practical. Easements
are to be provided where swales receive runoff from more than the
adjacent properties.
(9)
Fenced-in drainage-swale easements shall maintain a three-inch
clearance between the bottom of the fence and the ground.
(10)
Residential lawns shall provide an area behind the house with
a maximum grade of 5% for the lesser of 25 feet or the depth of the
required front yard. The remainder of the lot shall not have grades
exceeding 10%, except where embankments are necessary to preserve
existing wooded areas.
(11)
Retaining walls greater than three feet in height, or walls
supporting vehicle loads, shall only be allowed when the design has
been approved by the reviewing agency engineer. Where walls cross
property lines, a maintenance easement/agreement shall be established
between the various properties. Any fencing installed to mitigate
a falling hazard shall be constructed with concrete footings.
B.
Grading plan required.
(1)
A grading plan, prepared and sealed by a licensed professional
engineer, shall be submitted for all proposed development requiring
site plan and/or subdivision review; further providing said plan shall
also be required in conjunction with residential in-fill construction
on established lots and for the installation of pools, accessory structures
or other improvements thereon resulting in a disturbance of greater
than 750 square feet.
(2)
Prior to the issuance of a construction permit for the type
of development as set forth above, a grading plan shall first to be
approved by the City Engineer.
(3)
Prior to the issuance of a certificate of occupancy, a record
final grading plan, satisfying the requirements of this section and
demonstrating conformance with the originally approved grading plan,
is first to be approved by the City Engineer.
(4)
Absent unusual conditions, site plans resulting in no increase
in impervious surface coverage or change to existing drainage patterns
shall be exempt from submission of grading plans as required by this
section.
(5)
The grading plan shall be of sufficient detail to demonstrate
positive stormwater runoff without adverse impact to surrounding property.
The plan shall provide, at a minimum, the following details:
(a)
Existing and proposed grades. For major subdivisions and major
site plans, grades shall be based on the 1929 NGVD Datum.
(b)
Contours should extend a sufficient distance beyond property
lines or the site of the work to demonstrate runoff patterns and the
relation to adjacent topographical features.
(c)
Contours are to be clearly shown and labeled and shall be at
one- or two-foot intervals, as appropriate. The scale of the drawing
shall not be less than one inch to 50 feet.
(d)
Property lines and dimensions.
(e)
Location, dimensions, setbacks and first-floor elevations of
principal and accessory structures on site and adjacent to the site.
(f)
Existing and proposed drainage facilities.
(g)
Existing and proposed spot elevations at all property corners,
building corners, adjoining roadways and intermediate elevations and/or
off-site spot elevations as may be necessary to determine the proposed
drainage pattern.
(h)
Adequate provisions to minimize erosion during construction.
A.
The design and location of all utilities shall be in accordance with
all applicable standards of the City and the public utility having
jurisdiction. The location of all utilities shall be coordinated and
approved by the City Engineer.
B.
Water/sewer requirements. All water and sanitary/combined sewer main/service
shall require the review and approval of the City Engineer, Division
of Capital Improvements & Project Management. Water main (and
water service) and sanitary/combined sewer (and sewer service lateral)
inspection shall be performed by the City Engineer, Division of Capital
Improvements & Project Management. The applicant shall review
the requirements below (and their attachments in the appendix) and
note that permits and applications may be applicable:
(1)
Design, construction, inspection and testing manual (see attachment).
(2)
Water main standards (see attachment).
(3)
Requirements for fire and domestic water line and meter installation
(see attachment).
(4)
Requirements for fire and domestic water line and meter installations
(see attachment).
(5)
Submission of record drawings for extension of water/sewer main
and other wastewater facilities (see attachment).
(6)
Submission of record drawings for water service lines and sewer
laterals (see attachment).
(7)
Application for sewer connection (see attachment).
(8)
Application for water service (see attachment).
(9)
Application for water extension (see attachment).
(10)
TWA/Safe drinking water review (see attachment).
(11)
Inspection fee for water/sewer main and laterals (see attachment).
(12)
Single structure/lot site plan review form for building, alteration,
renovation and additions (see attachment).
(13)
Camden City water capacity fee (see attachment).
(14)
Camden City storm fee (see attachment).
(15)
Application for hydrant flow test (see attachment).
C.
All public services shall be connected to an approved public utilities
system where one exists. For all major subdivisions, the subdivider
shall arrange with the servicing utility for the underground installation
of the utilities distribution supply lines and service connections
in accordance with the provisions of the applicable Standard Terms
and Condition 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 the subdivider shall provide the municipality with
three copies of a final plat showing the installed location of these
utilities. For minor subdivisions, service connections shall be made
underground where the supply lines that serve the lands being subdivided
are underground. For major and minor subdivisions, the subdivider
shall submit to the Board, prior to granting of final approval, a
written instrument from each serving utility which shall evidence
full compliance or intended full compliance with the provisions of
this subsection; provided, however, that lots which abut existing
streets where overhead electric or telephone distribution supply lines
and service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
D.
Utilities shall be placed underground. Easements along rear property
lines or elsewhere for utility installations may be required. Such
easement shall be at least 10 feet wide and located in consultation
with the companies or City departments concerned and, to the fullest
extent possible, be centered on or be located adjacent to rear or
side lot lines.
Except as supplemented below, stormwater collection and management
shall be designed in accordance with the standards set forth in the
City Stormwater Ordinance, Stormwater Management Plan, and the New
Jersey Residential Site Improvements Standards (RSIS), N.J.A.C. 5:21-7
et seq., for both residential and nonresidential development. Any
requests for "de minimus exceptions" to the New Jersey Residential
Site Improvement Standards requirements, or waivers from the ordinance
shall be placed in writing.
A.
Runoff standards.
(1)
For runoff computation purposes, in the post-development condition
all nonresidential lawn areas, including open space areas, commercial
developments, etc., are to be assumed to have grass cover in fair
condition (grass cover 50% to 75%), unless otherwise approved.
(2)
Computations for proposed conditions shall not assume a wood
or brush condition, unless portions of the property are deed restricted
to remain in a natural condition.
(3)
Calculations should be provided showing the derivation of runoff
coefficients or curve numbers, time of concentrations, flows to each
inlet and flows through the conveyance system.
(4)
Where excessive gutter flows are expected, calculations should
demonstrate that the spread of flow will not exceed six feet for the
ten-year design storm.
(5)
No land in the City shall be developed so that:
(a)
The drainage of adjacent areas is adversely affected.
(b)
Soil erosion during and after development is increased over
what naturally occurs there.
(c)
The natural drainage pattern of the area is significantly altered.
(d)
Soil absorption and groundwater recharge capacity of the area
is decreased below what occurs under existing conditions.
(e)
Wetland areas located within the subject property and in immediately
adjacent properties are deprived of their water supply provided by
surface runoff.
B.
Pipelines.
(1)
Class III reinforced concrete pipe may be used, provided that
a minimum of two feet of cover is maintained. Otherwise, Class IV
or Class V reinforced concrete pipe shall be used.
(a)
All storm sewer or combined sewer main twenty-four inches in
diameter or greater within the City right-of-way shall be RCP.
(b)
All sanitary sewers shall be polyvinyl chloride (PVC). Polyvinyl
chloride pipe shall be made from Class 12454-B materials or better
in accordance with ANSI/ASTM D1784 and fittings shall have an SDR
classification of 35. PVC pipe and its accessories shall conform to
the requirements of the following with a minimum pipe stiffness of
46 psi at a maximum deflection of 5%: ANSI/ASTM D 3034 (four inches
to 15 inches). ANSI/ASTM F 679 (18 inches to 27 inches).
(c)
All storm and sanitary/combined sewer service above six-inch
diameter shall tie into the sewer main with a manhole. Sewer laterals
six inches and less may tie in directly to the sewer in a manner approved
by the City. Where a connection to a manhole is required, manhole
bench and channel may require modification.
(d)
All direct connections to existing combined sewer and sanitary
sewer shall be made with an "Insert a Tee" or approved equal.
(e)
All newly completed combined/storm/sanitary sewer shall be televised
prior to final acceptance and/or completion of project.
(f)
Pressure testing of all sanitary sewer (including RCP) shall
be performed in accordance with the City manual. RCP sewers above
24 inches in diameter shall be joint tested in accordance with ASTM.
(g)
Pipe bedding for all water mains shall be Type 5. Pipe bedded
in compacted granular material to center line of pipe. Compacted granular
material to top of pipe (approximately 90% standard proctor, AASHTO
T-99) (see attachment details).
(h)
Select fill for water/sewer trench installation shall be dense
graded aggregate (DGA) I-5, in accordance with the specification subsection
901.08 of the NJDOT standard specification, and conform to the following
table:
|
Sieve Size
|
Percent Passing
| |
|---|---|---|
|
2-inch
|
100
| |
|
3/4-inch
|
55 to 90
| |
|
No. 4
|
25 to 60
| |
|
No. 50
|
5 to 25
| |
|
No. 200
|
3 to 12
|
(i)
Air release valve shall be installed at high points of the water
main.
(j)
All water mains shall be at least eight inches in diameter.
(k)
Thrust blocks and restraints shall be installed at all bends
and fittings. Thrust blocks shall have twenty-eight-day strength of
4,000 PSI.
(l)
Each building connection requires a curb cleanout. Refer to
City-approved details.
(m)
The City shall require that sewer service connections to be
re-used be televised to verify the integrity and that the pipe is
free from any defects.
(n)
The size, material, depth, condition, direction of flow and
any other relevant conditions of the existing City sewer to which
you plan to connect must be field-verified by the developer to determine
if said connection is physically possible and practical. In addition,
manhole inverts and rim elevation must be shown on plans. The verification
is to be included on the plans for the project.
(o)
Circular hole saws which are approximately sized or hand drills
must be used to make the opening in the existing sewer to receive
the laterals. All debris must be removed and not allowed to fall into
pipe.
(p)
Proposed manholes constructed in the public row on existing
or proposed City sewer shall be furnished with concentric manhole
covers approved by the City.
(q)
Storm inlets which are connected directly to City combined sewers
must be furnished with a sump and trap per City standard details.
(r)
The City has combined sewer system which surges during wet weather
periods resulting in possible sewage back-ups through the plumbing
fixture below street level. This possibility must be addressed during
the design/construction phase.
(s)
A drop manhole connection shall be used where there is a difference
in elevation of two feet or greater. Refer to City details.
(t)
Test pits must be performed at the developers expense during
the design phase of the project to ensure that the proposed sewers
and sewer services may be constructed as proposed without conflicting
with the underground utilities or structures.
(u)
All existing sewer mains and sanitary lateral to be abandoned
must be removed from the ground. Catch basins and manholes must be
removed from the ground.
(v)
The system designer is also responsible for compliance with
the applicable regulations of the New Jersey Administrative Code,
local codes, NJDEP Rules and Regulations governing the treatment works
approval program, local codes and ordinances, federal and state regulations,
etc., in addition to other requirements that may be imposed by the
City.
(2)
Corrugated metal pipe is prohibited.
(3)
Corrugated polyethylene pipe (and other similar material) is
prohibited in the roadway right-of-way for nonresidential developments
and discouraged in residential developments. Said piping is acceptable
in off-road areas.
(4)
The normal manning roughness coefficient established under N.J.A.C.
5:21-7 shall be used for design.
(5)
Pipelines shall be no closer than 10 feet to existing or proposed
trees and shall be shown on landscaping plan.
(6)
Crowns shall be matched across structures.
(7)
All RCP shall be lined on the interior with a coat tar epoxy
seal coat with a minimum of four mils in thickness (DFT).
(8)
An as-built plan shall be required on all completed water and
sewer mains. The as-built plan shall be based on a survey by a licensed
New Jersey professional land surveyor. An electronic format of the
same in compliance with the City ordinance shall also be submitted.
(9)
All RCP from 24 inches up to and including 72 inches diameter
shall conform to ASTM C76, minimum pipe class IV, Wall B.
(10)
All pipe shall be manufactured and supplied without lifting
holes.
(11)
All collapsed combined brick sewer mains shall be replaced with
an equivalent size RCP. All connections between the new pipe and the
existing brick sewer shall be made as shown on the Division of Capital
Improvement and Project Management connection detail sheet.
(12)
Cured-in-place sewer pipe liner shall be a flexible tube made
from one or more layers of polyester felt lined on both sides with
a polyurethane or polyvinyl chloride membrane materials bonded to
the felt and impregnated with a liquid thermosetting resin.
(13)
Cured sewer pipe liner shall conform to the following minimum
standards:
|
Cured Liner Standard Results
| |
|---|---|
|
Tensile Stress ASTM D-638 3,000 PSI
| |
|
Flexural Stress ASTM D-790 4,500 PSI
| |
|
Flexural Modulus of Elasticity ASTM D-790 250,000 PSI
|
(14)
All liners shall be fabricated to a size that when installed
will neatly fit in the internal circumference of the sewer pipe. The
liner shall be designed for the required external soil and hydrostatic
pressures and for internal pressures. The thickness of the liner shall
be in accordance with the manufactures recommendations.
(15)
Video sewer inspections, infiltration/exfiltration testing and
pipe alignment testing shall be performed on all new sewer prior to
acceptance and/or dedication.
C.
Inlets, manholes and cutlets.
(1)
Drainage structures shall be in accordance with N.J.A.C. 5:21-7.
(2)
No person in control of private property (except a residential
lot with one single-family house) shall authorize the paving, repairing
(excluding repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
(3)
Manhole frames and covers are to provide for a thirty-inch clear-opening
at the cover in order to allow easier access under confined space
entry requirements, Campbell Foundry Pattern Number 1012B or NJDOT
approved equal.
(a)
Manhole covers shall be a solid type marked with "SEWER."
(b)
No "doghouse" manhole shall be permitted on any City right-of-way
and roadway.
(c)
All catch basins shall have traps suitable for preventing floating
debris from entering the sewer line and for creating an effective
water seal. Catch basin traps shall be East Jordan Iron Works, No.
5924, Neenah Foundry (R- 700), or approved equal.
(d)
All new manholes and catch basins shall have an exterior coating
of Carboline Coal Tar Epoxy 300M, or equal, two coats. Each manhole
base shall be provided with circular openings at the required locations
and elevations for the proper connection of all pipes. The flexible
connections shall be A-lok Flexible Connector by A-lok Products, or
equal.
(e)
Each inlet box shall be provided with circular openings at the
required locations and elevations for the proper connection of all
pipes. The circular connections shall be sealed with a flexible seal
assembly such as G3- Flexible Connector by A-lok Products, Inc. or
approved equal.
(f)
The strength of precast concrete for inlets and manholes shall
be equal to or exceed 4000 psi.
(4)
Bicycle-safe frames and grates shall conform with the Campbell
Foundry Pattern Numbers 1218, 3405 or 3424, or NJDOT approved equal.
(5)
The grate shall be set two inches below the normal gutter grade,
except along collector or higher order streets with no parking. The
surface of the paving adjacent to the inlets shall be constructed
to blend into the lowered gutter grade at the inlet in such a manner
that a sudden dropoff or dip at the inlet will not be created.
(6)
Curb inlets shall not be placed on the radius section of the
curb.
(7)
Inlets shall be installed at all intersections so as to minimize
gutter flows across the intersection. Storm drains crossing a corner
shall not encroach on adjacent property.
(8)
Concrete headwalls or flared end sections shall be provided
at all pipe discharges and shall be equipped with toe walls to prevent
undercutting of the structure, unless otherwise approved.
(9)
The minimum median stone diameter (d5O) for riprap aprons, scour
holes and channels shall be six inches, unless otherwise approved
by the City Engineer.
(10)
Scour holes shall not be used near residential developments.
D.
Grass swales.
(1)
Grassed swales shall have a minimum 2% grade.
(2)
Maximum velocities in grass swales shall not exceed the erosive
velocity for the soils present at the site.
(3)
Swales in residential developments shall be located as close
as practical to the property lines.
(4)
An easement shall be provided for a swale conveying drainage
from more than the immediately adjacent lots.
E.
Sump pumps.
(1)
Sump pumps in developments shall be connected to a common header
pipe located behind the curbline to carry water by gravity from below
all basement floors to storm drains or as approved by the City Engineer,
as the case may be. A sump pump may only be used to supplement the
underdrain system around the structure. No sump pumps shall be connected
to a sanitary sewer system.
(2)
The header pipe shall be at least six inches in diameter. The
size shall be increased no less than 10% in cross-section areas for
each 1,000 feet of longitudinal drain.
(3)
Cleanouts shall be provided at all changes in line or grade;
however, the distance between cleanouts shall not exceed 450 feet.
In no case shall cleanouts be permitted in sanitary manholes. Cleanouts
are to be located under an approved cover or vault. One cleanout with
a screw-type cap shall also be provided in each basement floor in
line with the pipe connecting the perimeter house under drain to the
under drain in the street.
(4)
The system shall be separated no less than five feet vertically
and two feet laterally from the sanitary sewer.
(5)
The system may be constructed of PVC, HDPE or DIP material.
(6)
The applicant may seek waiver of this requirement based on the
nature of the development, size and location of lots or the relationship
of the basement floor to the estimated seasonal high groundwater table.
In the latter instance, sufficient soil tests shall be made to verify
the estimated seasonal high groundwater table.
F.
Underdrains.
(1)
Where warranted to dewater the subgrade of roadways, basins
or other facilities, underdrains are to be installed and connected
to an approved drainage structure.
(2)
Underdrains shall consist of perforated pipe installed in a
stone envelope. A filter fabric compatible with the soil condition
shall be installed.
(3)
The end of an underdrain system shall be equipped with a cleanout.
A separate cover or vault shall house the cleanout. Said cover or
vault shall be designed to prevent traffic loads from impacting the
riser pipe.
G.
Stormwater management systems (general).
(1)
Detention basins are preferred over retention (infiltration)
basins or ponds. If the latter are proposed, justification shall be
provided.
(3)
Multiple basins within a development are discouraged and shall
be justified based on physical constraints.
(4)
Basins near residential uses or that are readily visible to
the public shall be aesthetically designed. Side slopes 4:1 or flatter
shall be provided where practical.
(5)
Basin side slopes of 10:1 or flatter may be located within an
open space area intended to be dedicated to public use, provided the
system is designed for this area to be dry within 24 hours after a
rain event.
(6)
In order to aid in the evaluation of unforeseen changes in the
contributing drainage shed, the plans shall include a tabulation of
basin design parameters which shall provide runoff coefficients; impervious
coverage; drainage shed areas; influent and effluent flow rates, water
levels and storage volumes for the critical storm events; and any
other pertinent information that may impact future design.
(7)
Adequate dimensions and grade information for the basins shall
be provided to allow for proper construction.
(8)
A seed mixture appropriate for the wet conditions, soil types
and maintenance schedule should be specified.
(9)
A maintenance schedule shall be provided for all systems.
(10)
Privately maintained basins will not be maintained by the City;
however, an easement shall be provided to allow the City to enter,
inspect and maintain the basins in an emergency situation, with the
costs being charged to the owner.
(11)
All basins, regardless of ownership, shall have a dedicated
access from a public right-of-way. The access should include a stabilized
surface suitable for the passage of maintenance and inspection equipment
and vehicles. This may be waived when adjacent to a public roadway.
(12)
Soil borings driven at least four feet below the basin bottom
are to be provided with the application for approval. At least two
borings shall be provided, plus one additional boring for each 20,000
square feet of surface area above the first 20,000 square feet.
H.
Detention basins.
(1)
The bottom of all detention basins shall be graded at a minimum
2% slope, unless underdrains or a low-flow channel is provided.
(2)
Reinforced concrete low-flow channels shall have grades of 1%
or greater. Channel material shall provide a hard and stable surface
for maintenance equipment but shall allow infiltration and vegetative
growth through the channel in order to enhance the water quality aspect
of the basin.
(3)
A two-foot separation should be provided between the basin bottom
and the estimated seasonal high groundwater table.
(4)
Low, suitable fencing and landscaping shall be provided between
the basin and residential lots.
(5)
A low-flow channel shall also be provided when parts of the
contributing piping system intercepts groundwater.
(6)
For commercial developments, a gas/oil separator shall be provided
prior to discharge of stormwater into the detention basin.
I.
Retention (infiltration) system.
(1)
Calculations demonstrating that the basin will dewater within
18 hours after the end of the rainfall event shall be provided.
(2)
Infiltration rates shall be based on either field percolation
tests or laboratory permeability tests performed on undisturbed soil
samples.
(3)
A three-foot separation should be provided between the basin
bottom and the estimated seasonal high groundwater table.
(4)
Split rail fencing with wire mesh shall be provided for the
full perimeter.
(5)
The maintenance schedule shall require scarifying and reseeding
of the soils on a regular basis (not to exceed five years) or when
infiltration rates decrease such that the system retains water for
48 hours.
(6)
Retention basin bottoms shall be kept clean of leaves at all
times.
(7)
Post-construction percolation or permeability test will be required
at retention basins to verify that the design infiltration rates have
been obtained.
(8)
At no time after final basin grading and permanent stabilization
should any equipment be allowed to operate within retention basins
which could smear or compact the soils leading to a reduction in the
percolation rate. This includes mowing and the annual removal of accumulated
silt. This does not pertain to the reestablishment of the basin bottom
every five years.
J.
Underground systems.
(1)
Underground infiltration systems shall only be permitted where
the City Engineer, as the case may be, determines the use of aboveground
stormwater management systems is impracticable.
(2)
A means to identify if the system is functioning properly shall
be included in the design.
(3)
Means to access the system for inspection and cleaning shall
be provided.
(4)
Calculations demonstrating that the system will dewater within
18 hours after the end of the rainfall even shall be provided.
(5)
Infiltration rates shall be based on either field percolation
tests or laboratory permeability tests performed on undisturbed soil
samples.
(6)
A three-foot separation should be provided between the basin
bottom and the estimated seasonal high groundwater table.
K.
Lakes, ponds and retention basins.
(1)
Wet ponds, lakes, etc., used for stormwater management shall
have a normal water depth of at least six feet in order to minimize
the frequency of eutrophication.
(2)
Split-rail fencing with wire mesh shall be provided for the
full perimeter unless the slope of the embankment and underwater safety
ledges obviate the need for such fencing.
(3)
A program to monitor the condition of the system shall be developed.
(4)
Sediment calculations/modeling shall be performed to estimate
rate of siltation in order to establish a long-range maintenance program.
(5)
A maintenance fund shall be established for the homeowners'
association based on estimated cost of the maintenance and monitoring
program.
(6)
If the system currently exists, laboratory tests shall be performed
to establish base conditions.
(7)
Water depths shall be established for use by emergency personnel
and to allow monitoring of sedimentation of the lake.
L.
Outlet structures.
(1)
Trash racks are to be provided for orifices less than 12 inches
in diameter in systems maintained by the public or by a homeowners'
association. Screens may be required for larger openings if deemed
necessary for public safety.
(2)
Trash racks and screens shall consist of noncorrosive material
with stainless steel hardware. The bottom of the racks shall be fastened
to a concrete slab, and hinges shall be provided for cleaning purposes.
The bars shall be vertical to allow for raking of debris from the
top of the structure.
(3)
All exposed concrete shall have a rubbed or brushed finish.
(4)
All outlet structures readily visible to the public shall have
wing walls and shall be located within the embankment area, unless
otherwise approved by the engineer.
(5)
There shall be a minimum 0.1-foot fall across the structure
from the invert of the lowest inlet to the invert of the outlet.
(6)
Outlet structures are to discharge to public systems or through
easements on privately held land.
M.
Emergency spillways.
(1)
Emergency spillways shall not direct water toward private property.
(2)
Grassed spillways are to be used when practical.
(3)
The outlet structure may perform the function of an emergency
spillway, provided that the top grate, discharge pipe and receiving
system can pass the full 100-year storm event while meeting the criteria
of N.J.A.C. 5:21-7.
(4)
A reduction in the required freeboard may be considered for
small basins servicing drainage areas less than 10 acres.
N.
Water quality.
(1)
The applicant shall demonstrate compliance with New Jersey Department
of Environmental Protection water quality standards.
(2)
The standards of the New Jersey Department of Environmental
Protection Stormwater and Non-Point Source Pollution Control, Best
Management Practice Manual shall be incorporated into the design.
O.
Pervious paving.
(1)
Previous paving systems may be used to reduce the imperviousness
of firm surfaces such as patios, walkways, driveways, fire lanes,
and parking areas, for the purpose of reducing surface runoff and
increasing infiltration. The pervious paving systems may also be used
as inlets and covers for infiltration trenches. Pervious paving can
be effective in helping to reduce peak surface runoff rates or in
improving the groundwater recharge characteristics of developed sites.
(2)
Pervious paving requires moderately pervious soil with the depth
to the seasonal high water table or bedrock of greater than three
feet below grade. Because of the large area over which infiltration
occurs, pervious paving minimizes the potential for groundwater mounding
or concentrated discharges to groundwater.
(3)
Because pervious paving recharges surface runoff directly to
groundwater, it shall not be used where there is a significant concern
for the contamination of surface runoff with dissolved pollutants.
In particular, to prevent contamination of drinking water supplies,
they shall not be installed in highly pervious and or gravel seams
that are directly connected to aquifers, or in hotspot drainage.
(4)
Pervious paving typically is installed in lieu of or in proximity
to runoff-generating surfaces. The best performance is achieved when
the up-gradient drainage area is minimized. One strategy is to alternate
areas with impervious and pervious paving. In these instances, conventional
impervious paving would be reserved for the most heavily trafficked
corridors. A wide variety of concrete and brick paving systems are
available. These can be combined with conventional pavement to achieve
functional and aesthetically pleasing designs.
(5)
Pervious paving systems are prone to clogging by suspended solids.
To reduce the likelihood of clogging, pervious paving should not be
used in areas that receive significant amounts of sediment, including
mud tracked onto the surface during wet weather and sand or cinders
used in snowy conditions. To preserve the long-term performance of
pervious paving, it is important to control sources of suspended solids
in stormwater before if runoff is discharged onto the paved surfaces.
P.
Stormwater reports.
(1)
All reports are to be signed and sealed by a professional engineer.
(2)
The reports are to contain a table of contents, a narrative,
a summary of the findings and the calculations supporting the findings.
The pages of the report shall be consecutively numbered. All calculations
are to be appropriately labeled. Calculations are to be thorough and
shall show the derivation of the various design components.
(3)
Drainage area maps and soil maps are to be provided.
(4)
Pipe routing calculations are to be presented in a tabular format.
[1]
Editor's Note: Stormwater management regulations, which previously followed this section, have been relocated to Ch. 725, Stormwater Control and Management, of the Code of the City of Camden. See Ch. 725, Art. I, Illicit Connections; Art. II, Improper Disposal of Waste; and Art. III, Stormwater Control.
A.
In all zoning districts, at the time any building or structure is
erected, enlarged, or increased in capacity, there shall be provided
off-street parking for automotive, bicycle and other vehicles and
off-street loading facilities in accordance with the requirements
set forth herein as well as the parking space requirements for the
handicapped contained in P.L. 1975, Chapter 221,[1] and the applicable provisions of the Americans With Disabilities
Act of 1990[2] requiring parking spaces for the handicapped. All required
parking and loading facilities shall be paved with an all-weather
impervious surface and shall be completed prior to the issuance of
a certificate of occupancy. The construction, alteration, or enlargement
of any public or private parking or loading area or of accesses to
such area(s) shall require site plan approval by the Planning Board.
B.
Buildings and uses which existed on the effective date of this chapter
are exempt from the provisions of this article, unless said building
or use shall be granted a variance for an enlargement or there is
an increase in intensity of the existing structure, in which case
the provisions of this article shall apply as follows:
(1)
If the enlargement is of a value of less than 25% of the replacement
value, parking and loading area requirements shall be at the discretion
of the Zoning Officer/Administrative Officer.
(2)
If the enlargement is of a value greater than 25% of the replacement
value of the building, full compliance with this article is required.
C.
Each permitted use shall provide an area for the orderly deposit
and pickup of refuse which is concealed from adjacent residential
properties. This area shall be visually screened by a decorative wall
or fence and landscaping. The overall design shall be in architectural
harmony with the principal building and shall not be located within
buffer areas.
D.
All provisions and facilities for storage, other than the pickup
of refuse, shall be contained within a principal building.
E.
Open parking areas and entrances and exits shall be adequately illuminated
during night hours to aid in providing a safe environment for vehicular,
bicycle and pedestrian movement. Lighting shall be arranged to limit
spillage and glare to adjacent private and public properties. Luminaries
shall be spaced to minimize shadows and avoid dark pockets.
F.
The following minimum number of parking spaces shall be provided
for the uses specified per gross floor area unless otherwise indicated:
|
Land or Building Use
|
Minimum Standards
| ||
|---|---|---|---|
|
Academic and administrative buildings for educational institutions,
other than places of public assembly
|
1 space for every 1.5 persons of rated occupancy
| ||
|
Assembly operations
|
1.25 spaces for each 1,000 square feet of gross floor area
| ||
|
Automobile repair services, gasoline stations
|
1 parking space for each gas pump island, plus 2 parking spaces
for each working bay, plus 1 parking space for each employee on shift
of largest employment
| ||
|
Auto sales
|
1 space for each 300 square feet of gross showroom area and
sales office
| ||
|
Assembly hall, auditorium, theater, sports arenas, convention
halls, places of worship or other similar place of public assemblage
|
1 space for every 1,000 square feet of gross floor area or 1
space for each 10 fixed seats, or where capacity cannot be determined
by the number of fixed seats, 1 space for each 30 square feet of gross
floor area available for patron use, whichever yields the maximum
number of parking spaces
| ||
|
Banks and other financial institutions
|
1 space for each 250 square feet of gross floor area devoted
to patron use
| ||
|
Baseball, football, soccer or basketball
|
5 spaces for each field or court
| ||
|
Bar
|
1 space for each 2 seats.
| ||
|
Beauty and barber shops
|
2 spaces per beauty and/or barber shop operator
| ||
|
Bowling alley
|
4.5 spaces per lane, plus 1 space per employee on the largest
work shift, plus 50% of the spaces otherwise required for accessory
uses (i.e., bars, restaurants, game rooms)
| ||
|
Bus terminals, railroad passenger stations
|
1 parking space per each 4 seating accommodations for waiting
passengers, plus 1 parking space per each 2 employees on shift of
largest employment
| ||
|
Car wash
|
10 spaces for each washing lane
| ||
|
Cemetery
|
1 space for each 400 square feet of gross floor area
| ||
|
Clubs
|
1 space for each 200 square feet of gross floor area
| ||
|
Community center
|
At least 20 spaces plus spaces for offices as specified below
| ||
|
Doctor/dentist office in home
|
1 space for each 200 square feet of gross floor area, but not
less than 6 spaces
| ||
|
Dwellings:
| |||
|
Single-family detached
|
2 spaces per dwelling unit
| ||
|
All other dwellings, except units for the elderly
|
1.25 spaces for 1-bedroom unit;
1.75 spaces for 2-bedroom unit;
2.00 spaces for 3-bedroom unit or a fraction thereof
| ||
|
Units designed and intended for the elderly
|
1 space per dwelling unit, except where it can be demonstrated
that other than automobile transit will be available, in which case
this requirement may be reduced accordingly
| ||
|
Fiduciary institutions
|
1 space for each 250 square feet of gross floor area
| ||
|
Finishing operations
|
1 space for each 800 square feet of gross floor area
| ||
|
Adult day cares, assisted living/residential care facilities,
child-care centers, nursing home
|
1 parking space for each 2 beds, plus 1 parking space for each
2 employees or staff members, including nurses, on shift of largest
employment, plus 1 parking space per doctor
| ||
|
Hospitals/health care facilities
|
1 parking space for each 2 beds, plus 1 parking space for each
2 employees or staff members, including nurses, on shift of largest
employment, plus 1 parking space per doctor
| ||
|
Art galleries, libraries, museums
|
1 parking space per each 4 seats in rooms for public assembly
or 1 parking space for each 50 square feet of gross floor area for
use by the public, whichever is greater, plus 1 parking space for
each 2 employees on shift of largest employment.
| ||
|
Laundromats/dry cleaners
|
1 parking space for each 2 washing machines
| ||
|
Stadium and sports arenas
|
1 parking space for each 4 seats, based on maximum seating capacity,
plus 1 parking space for each 2 employees on shift of largest employment.
| ||
|
Nature centers, cultural centers, amphitheaters
|
1 space per 5 people (total number of people based on capacity
set by Fire Commissioner)
| ||
|
Fast food restaurants
|
1 space for each 3 seats plus 1 space for each 40 square feet
of gross floor area, excluding the seating area
| ||
|
Funeral homes, mortuaries
|
10 spaces plus 1 for each 50 square feet of gross floor area
| ||
|
Furniture, appliance, hardware stores
|
1 space for each 400 square feet of gross floor area
| ||
|
Golf courses (9- and 18-hole)
|
60 spaces per 9 holes, plus 1 space per employee on the largest
shift, plus 50% of spaces otherwise required for any accessory uses
(i.e., bars, restaurants)
| ||
|
Golf, par three
|
25 spaces per 9 holes, plus 1 space per employee on the largest
shift
| ||
|
Golf driving range
|
1 space per tee, plus 1 space per employee on the largest work
shift
| ||
|
Sports, health and fitness clubs
|
8.5 spaces per 1,000 square feet of gross floor area
| ||
|
Home occupation
|
Minimum 2 spaces, plus 2 spaces per employee
| ||
|
Hotels, motels
|
1 space for each 3 sleeping rooms and suites, plus 1 additional
space for each 5 employees, plus such additional space as required
by this section because of any supplementary parking-generating activities,
such as bars, ballrooms, nightclub facilities and the like
| ||
|
Institutional home
|
1 space for each 10 beds
| ||
|
Industrial uses
|
1 space for each 2 employees on the shift of greatest employment
or 2.1 spaces per 1,000 square feet of gross floor area if employee
count is unknown
| ||
|
Library
|
1 space for each 300 square feet of gross floor area
| ||
|
Lumberyard
|
1 space for each 5,000 square feet of yard area
| ||
|
Manufacturing
|
1 space for each 800 square feet of gross floor area
| ||
|
Medical center
|
1 space for each 150 square feet of gross floor area; minimum
of 10 spaces
| ||
|
Neighborhood convenience center
|
Same as shopping center
| ||
|
Marina
|
2 spaces per boat slip
| ||
|
Miniature golf
|
1 space her hole, plus 1 space per employee on the largest work
shift
| ||
|
Nightclub
|
1 space for each 3 seats
| ||
|
Offices
|
1 space for each 300 square feet of gross floor area
| ||
|
Outdoor theater
|
1 space per 3 patrons to the maximum capacity of the facility
inclusive of both indoor, if any, and outdoor capability
| ||
|
Pilot plants
|
1 space for each 800 square feet of gross floor area
| ||
|
Pool (community)
|
1 space for each 15 square feet of water surface area
| ||
|
Dormitories, fraternities, sorority house and other group housing
|
1 parking space per each 2 residents, plus 1 parking space per
owner or operator; plus 1 parking space per employee; or 1 parking
space for each 2 seats for membership meetings, whichever is greater,
based on design capacity
| ||
|
Receiving
|
1 space for each 5,000 square feet of gross floor area
| ||
|
Research
|
2.5 spaces for each 1,000 square feet of gross floor area
| ||
|
Restaurant, nightclubs and the like
|
The greater of 1 space for each 8 seats or 1 space for each
40 square feet of gross floor area devoted to patron drinking and
dining use, plus 1 space for each 3 persons employed on the premises
| ||
|
Recreation centers, clubs and service organizations
|
1 space for each 500 square feet of gross floor area plus 1
space for each 2 full-time employees
| ||
|
Retail and personal services
|
5 spaces per 1,000 square feet of gross leasable area
| ||
|
Schools:
| |||
|
Nursery, elementary, intermediate
|
1.5 spaces for each classroom, but not less than 1 per teacher
and staff
| ||
|
High school
|
0.23 spaces per student
| ||
|
College
|
0.62 spaces per student
| ||
|
Small craft boat ramps
|
25 oversized spaces per ramp
| ||
|
Self-service laundry
|
1 space for each 200 square feet of gross floor area
| ||
|
Skating rink, ice or roller
|
1 space per 300 square feet of gross floor area
| ||
|
Swimming pools
|
25 spaces for an Olympic-sized pool
| ||
|
Shipping
|
1 space for each 5,000 square feet of gross floor area
| ||
|
Shopping center, shopping malls
|
5.5 spaces for each 1,000 square feet of gross leasable floor
area, excluding theaters
| ||
|
Storage areas
|
1 space for each 5,000 square feet of gross floor area
| ||
|
Tennis and handball courts
|
2 spaces for each court
| ||
|
Theaters
|
1 space for each 8 public seats
| ||
|
Veterinarian clinic
|
3 spaces per examination room
| ||
|
Warehouse
|
0.66 spaces per 1,000 square feet of gross floor area
| ||
|
Mixed uses
|
If 2 or more uses are conducted on 1 lot, the minimum required
number of parking spaces shall be the aggregate of the required minimum
number of parking spaces for each use, computed separately
| ||
|
All other uses not listed herein
|
Based on study to be prepared by owner or operator, number of
spaces to be required determined according to:
(a) type of use and estimated number of total trips generated
during peak conditions (inbound and outbound);
(b) estimated parking duration per vehicle trip turnover rates;
(c) based on estimated number of trips generated and average
parking duration per trip, calculate number of spaces required;
(d) estimated number of employees — 1 space to be provided
for each 2 employees based on shift of maximum employment
| ||
G.
Stacking spaces.
(1)
Stacking spaces provide the ability for vehicles to queue on
site prior to receiving a service. A stacking space shall be a minimum
of nine feet in width and 20 feet in depth and shall not be located
within or interfere with any other circulation driveway, parking space,
or maneuvering aisle. Stacking spaces shall be provided behind the
vehicle bay door, middle of the service window, or middle of the service
island, whichever is applicable. In all districts, at the time any
building or structure is erected or altered, stacking spaces shall
be provided in the number and manner set forth in the following list
of property uses:
(a)
Automated teller machine (ATM): three stacking spaces.
(b)
Automobile oil change and similar establishments: three stacking
spaces per bay.
(c)
Car wash (full service): six stacking spaces per bay.
(d)
Car wash (self service — automated): three stacking spaces
per bay.
(e)
Car wash (self service — open bay): two stacking spaces
per bay.
(f)
Car wash (self service — drying areas and vacuum islands):
two stacking spaces per drying area and/or vacuum island.
(g)
Dry cleaning, pharmacy, or other retail establishments with
a drive-through: three stacking spaces for the first service window.
(h)
Financial institution: Five stacking spaces per window or service
land.
(i)
Kiosk (with food service): Five stacking spaces for first window,
order board, or other stopping point.
(j)
Kiosk (without food service): Two stacking spaces for the first
window, order board, or other stopping point.
(k)
Restaurant with drive-through: Five stacking spaces for first
window, order board, or other stopping point.
(2)
A single stacking space shall be provided after the final window,
order board, or stopping point to allow vehicles to pull clear of
the transaction area prior to entering an intersection on-site driveway
or maneuvering aisle. Buildings and other structures shall be setback
a minimum of 10 feet from the back of the curb of the intersecting
driveway or maneuvering aisle to provide adequate visibility and to
allow vehicles to safely exit drive-through lanes and escape lanes
prior to merging into intersecting driveways or maneuvering aisles.
(3)
An escape lane shall be provided for any use containing a drive-through
facility. An escape lane shall be nine feet in width and shall provide
access around the drive-through facility. An escape lane may be part
of a circulation aisle.
H.
When the application of a unit of measurement for parking space or
loading space to a particular use or structure results in a fractional
space, a space shall be required for each such fraction.
I.
In determining minimum parking space requirements for uses not covered
in this section, the Planning Board shall be guided by the number
of persons expected to reside in, visit, or patronize the building
or use; the anticipated percentage of residents, visitors, or patrons
using various transportation modes; and the need for safe and convenient
loading space for visitors or patrons and goods. The number of employees,
where not clearly stipulated, shall be computed on the basis of persons
to be employed, taking into consideration day, night, and seasonal
variations. In all cases, minimum parking space requirements shall
be in accordance with applicable provisions of the Americans With
Disabilities Act of 1990.[3]
[3]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
J.
The required number of parking spaces may, in the discretion of the
Planning Board, be reduced where the Planning Board finds that application
of the above standards is not required in the interest of the residents,
owners, tenants, and occupants of a development and their employees
and that modification of the above standard is consistent with the
interests of the entire City. Shared parking is encouraged between
different land uses on a given lot, parcel, or within a development.
The Board may require the applicant to utilize the Urban Land Institute's
"Shared Parking Analysis" and/or another comparable approach if deemed
appropriate for a given application or situation.
K.
Required parking spaces or loading berths may not be located on streets
or access aisles or driveways. No areas specifically intended for
parking or loading use may be located between the front building line
and the street line unless otherwise specified in other sections of
this chapter.
L.
All required parking spaces shall be on the same lot or tract of
land as the building or use to which they are accessory unless the
Planning Board or Zoning Board of Adjustment, as part of the site
plan review, shall approve collective off-street parking facilities
for two or more buildings or uses on contiguous lots. The total number
of spaces in such collective off-street parking facilities shall be
not less than the sum of the spaces required for the individual uses,
computed separately. Such approval shall be granted only subject to
the submission of appropriate deed restrictions, acceptable to the
Planning Board or Zoning Board Attorney, guaranteeing the availability
of such facilities throughout the life of the buildings of uses to
which they are proposed to be accessory.
M.
Where it can be demonstrated, at the time of Planning Board or Zoning
Board of Adjustment review, that the parking or loading area requirements
of this article are in excess of actual needs, the Planning Board
or Zoning Board of Adjustment may permit a portion, not to exceed
25%, of the proposed parking or loading areas to be appropriately
graded and landscaped, but left unpaved. If, following construction,
the experience with the actual operation of the proposed use should
show the need for additional off-street parking or loading the applicant
may request or the City Engineer may require such unpaved space to
be paved.
N.
The Planning Board or Zoning Board of Adjustment shall be authorized,
in accordance to permit the incorporation of transit stops as a means
of satisfying the otherwise applicable off-street parking standards,
provided the following conditions are met:
(1)
The transit stop shall be designed to be a station or waiting
area for transit riders, clearly identified as such, and open to the
public at large;
(2)
The transit stop shall be designed as an integral part of the
development project, with direct access to the station or waiting
area from the development site;
(3)
The transit waiting area or platform shall be designed to accommodate
passengers in a covered waiting area, with seating for a minimum of
8 persons, shall include internal lighting, and shall include other
features which encourage the use of the facility, such as temperature
control within the waiting area or the inclusion of food vendors;
(4)
The maximum reduction in the number of parking spaces shall
be no more than 20% of the total required spaces;
(5)
The Planning Board or Zoning Board of Adjustment shall request
a report and recommendation from the Planning Division on the planning
aspects, and the potential impacts of the proposed reduction in parking
through the provision of a transit facility;
(6)
The transit stop shall be maintained by the developer for the
life of the development project.
O.
Minimum off-street parking and loading requirements as required by
this section may only be exceeded, where it can be demonstrated, at
the time of Planning Board review, that such additional facilities
are necessary for the actual operation of a proposed use. In such
instances, the Planning Board may grant an increase in minimum spaces
on a lot, provided that all other bulk and area requirements are met
for the use in the zoning district in which it is located.
P.
Whenever after the date of this chapter there is a change in the
number of employees or business visitors or in the lawful use of the
premises or in any other unit of measurement specified herein and
whenever such change creates a need for an increase in more than 20%
of the number of off-street automobile parking spaces as determined
by the requirements of this section, additional off-street parking
facilities shall be provided within a reasonable time on the basis
of the adjusted needs. The provision of additional parking shall constitute
an expansion of use and will in turn require site plan review and
approval by the Planning Board.
Q.
The design of parking structures is important to reduce their visual
impact. Structured parking shall be located behind buildings or away
from the street edge wherever possible. If parking structures do occur
along the sidewalk edge, retail or other commercial uses may be provided
at street level and the parking structure shall be treated as an architecturally
significant feature and made compatible with the architecture of the
primary surrounding buildings. Protection from car headlights to adjacent
properties needs to be provided, especially if the adjacent use is
residential. A short visual screen can address this issue.
R.
A variance and public notice shall be required if the proper number
of parking spaces are not provided on a lot. If off-street parking
requirements are not met as provided above, the developer or applicant
must obtain approval of a parking space variance subject to the provisions
of this chapter. If a variance is granted due to demonstrated hardship
or other good and sufficient reasons, the applicant shall then make
a cash contribution to the City for each required space not provided
in order to develop a program of constructing public parking lots.
The contribution shall be in an amount equal to the cost of providing
the required minimum number of parking spaces, to be calculated by
the City Engineer.
S.
No public or private parking area or access roads thereto shall be
constructed, altered or added to in the City until there shall have
been filed with the Planning Board an application for a building permit,
which shall include a plan, in duplicate, drawn to scale, showing
the actual dimensions of the lot or lots to be built upon, the exact
size and location on the lot or lots of the building or structure
and accessory buildings already existing or to be erected, and containing
such other information as shall be deemed necessary by the Planning
Board to determine conformity with the provisions of this chapter.
T.
Supplementary space requirements applying to motor vehicle parking
and off-street loading:
(1)
Collective provision of off-street parking and loading facilities
to two or more buildings or uses located on adjacent lots is permitted
to allow for the sharing of such facilities for commercial and multiple
uses according to the following schedule:
(a)
For buildings or groups of uses of less than 10,000 square feet,
the total parking and loading facilities shall not be less than the
sum of requirements for the various individual uses computed separately.
(b)
Where the total area of nonresidential use is greater than 10,000
square feet but less than 30,000 square feet, the total number of
parking spaces provided shall equal one car for every 200 square feet
of building floor area. Additional parking shall be provided for residential
uses built in conjunction with a center of this size and shall equal
at least 1.5 spaces for each dwelling unit. Off-street loading facilities
may be based on documented, actual use of facilities similar to the
combined uses or the total as required if calculated as separate uses.
(c)
Where the total nonresidential use is greater than 30,000 square
feet, the number of off-street parking spaces provided shall equal
5.5 cars for every 1,000 square feet of building floor area. Off-street
loading facilities may be based on documented, actual usage of facilities
similar to the combined uses or the total as required if calculated
as separate uses.
U.
Every public or private off-street parking or loading area shall
be maintained in good condition, free of hazards and deterioration.
All paved areas, sidewalks, curbs, drainage facilities, lighting,
bumpers, guardrails, markings, signs, bicycle parking devices, landscaping
and other improvements shall be maintained in workable, safe and good
condition. Further, the City Council may authorize repairs for such
improvements if, after proper notice, the owner fails to maintain
any improvements that are governed by a development or other similar
agreement or if the said body finds that the resulting conditions
constitute a public health and safety hazard.
V.
All off-street parking and loading areas including driveways shall
be maintained with graded, dust-free surfaces that are well drained.
All such off-street parking and loading space and necessary passageways
and driveways giving access thereto shall be maintained in a state
of good repair, and the surface thereof shall be kept clear of ruts,
potholes, protrusions, debris and other vehicular or pedestrian hazards.
Off-street parking spaces and/or driveways for all residential uses
except multifamily developments may incorporate parking strips separated
by gravel or grass as approved by the City Engineer. Turfblock may
be used for off-street parking and loading areas if approved by the
City Engineer.
W.
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.
X.
Parking areas, including all accessways and driveways, shall be smoothly
paved with materials which do not produce dust or debris; are durable
and all-weather; uniform in application and appearance; and do not
permit the growth of vegetation. The choice of surfacing material
is left to the property owner's discretion and Planning Board's approval,
provided the above performance standards are met. Choices can include
but are not limited to: bituminous asphalt, concrete, crushed stone,
etc.
Y.
Parking areas shall be graded to ensure proper drainage.
Z.
In addition to the required facilities for passenger automobiles,
facilities for the secure and convenient parking of bicycles shall
be provided. The number of such bicycle spaces shall not be less than
10% of the first 100 required automobile parking spaces as specified
above plus 2% of any amount thereafter; provided, however, that should
it be demonstrated that the proposed use of the development application
will generate a greater need for bicycle parking than that provided
for herein, the Planning Board may require a reasonable increase in
bicycle parking spaces. Bicycle parking facilities shall be of such
type and quantity so as to encourage and facilitate the use of the
bicycle as a means of transportation by the employees and customers
of the land or building.
AA.
Sidewalks between parking areas and principal structures, along aisles
and driveways and wherever pedestrian traffic shall occur, shall be
provided with a minimum width of five feet of passable area and be
raised six inches or more above the parking area except when crossing
streets or driveways. At points of intersection between pedestrian
and motorized lines of travel, and at other points where necessary
to avoid abrupt changes in grade, a sidewalk shall slope gradually
so as to provide an uninterrupted line of travel. Guard rails 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 the sidewalk is at least six feet wide.
A.
General design principles.
(1)
Parking space allocations shall be oriented to specific buildings.
(2)
Parking areas may be designed to focus on major walkways which
shall be marked.
(3)
All parking areas shall be provided with permanent and durable
curbing or bumpers unless this requirement is waived by the Planning
Board.
(4)
Where pedestrians must cross service roads or access roads to
reach parking areas, crosswalks should be clearly designated by pavement
markings and/or signs and be in accordance with applicable provisions
of the Americans With Disabilities Act of 1990.[1]
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(5)
All parking and loading spaces and driveways shall be so arranged
that cars and trucks may be turned on the lot so that it is not necessary
to back into any street. Vehicles being repaired shall be screened
from adjacent properties.
(6)
Any and all rules, guidelines, and/or directives established
regarding parking, loading and unloading, and pedestrian and vehicular
movement shall be in accordance with applicable provisions of the
Americans With Disabilities Act of 1990.
B.
Parking design principles.
(1)
The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the requirements set forth
below. Compact car spaces may be permitted by the Planning Board only
where the total number of spaces proposed to be provided exceeds 50
and shall not exceed 30% of the total number required. If permitted,
compact car parking spaces shall be clearly identified by markings
and/or signage and shall be grouped in one or more locations rather
than dispersed throughout the site.
(a)
Minimum standard car spaces dimensional requirements.
|
Aisle Width
| |||||
|---|---|---|---|---|---|
|
Space Angle
|
Space Width
(feet)
|
Space Depth
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90°
|
9
|
18
|
24
|
24
| |
|
60°
|
9
|
18
|
18
|
24
| |
|
45°
|
9
|
18
|
13
|
24
| |
|
30°
|
9
|
18
|
13
|
24
| |
|
Parallel to aisle
|
9
|
18.5
|
12
|
24
| |
(b)
Minimum compact car spaces dimensional requirements.
|
Aisle Width
| |||||
|---|---|---|---|---|---|
|
Space Angle
|
Space Width
(feet)
|
Space Depth
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90°
|
7.5
|
15
|
20
|
20
| |
|
60°
|
7.5
|
15
|
16
|
20
| |
|
45°
|
7.5
|
15
|
13
|
20
| |
|
30°
|
7.5
|
16
|
13
|
20
| |
|
Parallel to aisle
|
7.5
|
16.5
|
12
|
20
| |
(c)
Handicapped spaces. Eight feet minimum width with a five-foot
minimum width access aisle by 20 feet in length.
(2)
All parking spaces shall be identified by means of four-inch
painted lines. Where possible, areas should be separated from roads
or aisles by landscaped islands. All parking shall be curbed with
permanent and durable curbing to confine cars without overhang or
projection onto sidewalks, driveways, bicycle parking areas, planted
areas or adjacent landscaped areas. Markings for designated handicapped
parking spaces shall be in accordance with the provisions of the Americans
With Disabilities Act of 1990.[2]
[2]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(3)
A space which abuts a fixed object such as a wall or column
whether within a structure or not, shall have a minimum width of 10
feet and minimum depth of 20 feet.
(5)
Parking stalls, driveways and aisles shall be clearly marked
and delineated. The Planning Board may require that certain areas
be maintained for firefighting or other emergency purposes, and these
areas shall be appropriately designated.
(6)
Where pedestrians must cross service roads, access roads, or
driveways to reach parking areas, crosswalks should be clearly designated
by pavement markings and signs.
(7)
Guardrails or the equivalent and concrete wheel stops permanently
anchored to the ground or concrete or Belgian block curbing shall
be provided in appropriate locations.
(8)
Parking spaces may be reduced to 16 feet in length where vehicles
overhang landscaped or expanded pedestrian walkways by a minimum of
two feet, subject to Board approval. With the exception of preexisting
painted parking spaces, all new parking spaces shall be delineated
using hairpin striping. Each hairpin stripe separating adjacent parking
spaces shall include two parallel, four-inch-wide white traffic-painted
stripes, placed two feet apart straddling the imaginary line that
defines each nine-foot-wide parking space. All parking areas shall
be provided with permanent and durable curbing to assist in orderly
parking and separate pedestrian walkways from vehicular traffic, unless
alternative treatment is warranted and approved by waiver, by the
Board. If parking spaces, front wheel stops (staked, black rubber
type only) or alternative treatment may be provided, subject to Board
approval.
C.
Loading areas.
(1)
Every building of the type described below which is hereafter
built, relocated or structurally altered to the extent of more than
a 50% addition in floor area shall have off-street loading spaces
in accordance with the following schedule:
(a)
A building whose dominant use is handling and selling of retail
goods shall provide at least one loading space if it has between 20,000
and 40,000 square feet of floor area, and one additional space for
each additional 60,000 square feet.
(b)
A manufacturing, repair, wholesale or warehouse use shall provide
at least one loading berth if it has between 10,000 and 20,000 square
feet of floor area, and one additional space for each additional 40,000
square feet. A trucking terminal use shall provide one loading berth
if it has between 10,000 and 20,000 square feet of floor area, and
one additional berth for each additional 20,000 square feet.
(c)
Other uses and buildings not listed above but having over 10,000
square feet of floor area shall provide one loading space. This includes
but is not limited to offices, hotels, hospitals and mortuaries.
(2)
Any required loading area shall be paved. Each required loading
berth shall be at least 12 feet wide, 50 feet long and 14 feet high.
Any area used regularly for loading shall be so designed as to prevent
the use thereof from hindering the free movement of vehicles and pedestrians
on any street, alley, or sidewalk, or from preempting any required
parking spaces. Each required loading space shall be provided with
unobstructed access to and from a street or alley, having a width
of not less than 10 feet. Such access may be combined with access
to a parking lot. No entrance or exit for any loading area or berth
shall be located within 50 feet of any street intersection. All required
loading areas or berths shall be on the same lot as the use to which
they are accessory and shall be so arranged as to permit the simultaneous
use of all berths without blocking or otherwise interfering with the
use of automobile accessways, parking facilities, fire lanes or sidewalks.
No off-street loading area shall be located between the front building
line and the street line unless otherwise specified in this chapter.
No off-street parking or loading area shall be located within five
feet of the street right-of-way line, and no loading area shall be
permitted in a side yard. The surface of each loading area shall be
of all-weather dustless materials. All required loading areas shall
be on the same lot as the use served, but if such areas abut a residential
district or use, they shall be suitably screened and/or fenced from
view.
Garages shall conform to the following guidelines which apply
to facades facing any street greater than 50 feet in width:
A.
Parked cars shall be screened from public view from every adjacent
public way.
B.
Garage entrances and exits shall be designed and located so as to
minimize hazards to pedestrians.
C.
Facades shall contain openings that, in their scale, size, and placement,
are compatible with the same qualities of openings in surrounding
buildings.
D.
Facades shall contain articulations to achieve a sense of scale,
rhythm, and texture.
E.
The facade of the ground-level floor shall be differentiated from
upper floors to establish the appearance of a base to the building.
By way of example, this differentiation can be achieved through the
use of several of the following techniques:
F.
The design of facades shall not reveal or imply sloping floor levels
that may be behind the facade.
G.
Facades shall be compatible with the design, materials, and overall
character of surrounding buildings with regard to the scale, color
and texture of materials, form and massing, and design detailing.
A.
Every parcel of land hereafter used as a public or private off-street
parking or 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,
bicycle parking devices, landscaping and other improvements shall
be maintained in workable, safe and good condition.
B.
All off-street parking and loading areas, including driveways, shall
be maintained with graded, dust-free surfaces that are well drained,
such as asphalt or porous pavement as approved by the City Engineer.
All such off-street parking and loading space and necessary passageways
and driveways giving access thereto shall be maintained in a state
of good repair and the surface thereof shall be kept clear of ruts,
potholes, protrusions, debris, and other vehicular or pedestrian hazards.
C.
The City Council may authorize repairs for such improvements if,
after proper notice, the owner fails to maintain such improvements
and such conditions constitute a hazard to health and safety or where
such improvements are governed by a development or other similar agreement.
A.
In addition to the required facilities for passenger automobiles,
facilities for the secure and convenient parking of bicycles shall
be required. The number of spaces and/or racks shall be determined
by the Planning Board at the time of subdivision or site plan review.
B.
Bicycle parking facilities shall be of such a type and quantity so
as to encourage and facilitate the use of the bicycle as a means of
transportation by the employees and customers of the proposed use
requiring site plan approval.
C.
Outdoor bicycle parking facilities shall be located in convenient
locations close to building entrances or pedestrian walkways leading
to building entrances. Such facilities shall be clearly marked, and
separated from automobile access by either landscaping, raised curbs
or similar devices. Indoor bicycle parking facilities shall be provided
in a secure and safe area.
D.
Bicycle access shall be combined with motor vehicle access where
possible. Bicycle access driveways or aisles shall not contain hazards
to the cyclists (i.e., parallel bar drainage grates, insufficient
sight clearance at points of intersection, or insufficient lateral
or vertical clearance or radii of curvature). In those cases where
bicycle access is combined with motor vehicle access driveways to
the site under review, the driveway shall be not less than 15 feet
wide if one-way in direction, and 30 feet if two-way in direction.
In those cases where bicycle access is independent from motor vehicle
access driveways to the site under review, the bicycle access drive
shall be not less than four feet wide if one-way in direction and
eight feet wide if two-way in direction. Access, egress and internal
circulation shall be planned so as to minimize conflicts between automobiles,
trucks, bicycles and pedestrians, both within the lot and on the adjacent
street.
E.
Bicycle parking facilities shall be located close to major entrances
to buildings, or other areas they serve, in view of working personnel
on-site or close to high activity areas to minimize chances of theft
or vandalism. Parking facilities shall provide for padlock, chain
or cable attachment and shall allow for both wheels and the frame
of a bicycle to be secured to it with a standard six-foot cable or
chain. Devices such as lockers or those that support the bicycle by
its frame or handlebars shall be used rather than slotted concrete
slab or vertical bar type racks or other devices that support the
bicycle by a wheel and could cause damage to wheel rims. In any planned
developments, higher density residential developments, for office
and industrial uses, and for other uses involving regular daily access
by defined groups of people or the parking of bicycles for periods
of time generally in excess of three hours, consideration should be
given to sheltered parking facilities that provide protection for
bicycles from direct sunlight and precipitation. For any uses for
which 12 or more employee bicycle parking spaces are required or provided,
not less than 25% of the bicycle parking spaces shall be provided
within wholly enclosed individually secured compartments or lockers,
providing protection against theft, vandalism, and the weather for
all or any part of any bicycle parked therein. The lockers shall be
close to an entrance to the building they serve but need neither be
located at a major entrance to the building nor be in view of working
personnel on site or close to high activity areas. In lieu of the
lockers, the same number of bicycle parking spaces providing equivalent
security and convenience may be provided within the building they
serve.
A.
Driveway design.
(1)
The pavement design for all driveways is to meet the requirements
of the intersecting road for the full distance within the right-of-way
and extend 15 feet beyond into the subject parcel.
(2)
A minimum of one CBR result is required for each site plan.
If appropriate paving design calculations (per the Asphalt Institute)
and corresponding CBR test results are submitted, a reduction in the
minimum required pavement section will be considered if justified
for parking lots only.
(3)
There shall be adequate provision for ingress and egress to
all parking spaces. 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.
(4)
Any exit driveway or driveway lane shall be so designed in profile
and grading and located to provide the following minimum sight distance
measured in each direction. The measurements shall be 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.
|
Permitted Road Speed
(mph)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
300
|
(5)
Sight triangle easements shall be required at intersections
of a street with another street and at intersections of a street with
a driveway providing ingress and/or egress to nonresidential development.
The sight triangle easement shall be in addition to the specified
right-of-way width of a street and cartway width of a driveway and
shall not contain any grading, planting, or structure more than 30
inches above the center line of the street and/or driveway, except
that street signs, fire hydrants, and light standards may be located
within a sight triangle easement.
(6)
A change in the speed regulations shall not affect a building
or use for which a construction or zoning permit has been issued.
No driveway entrance or exit shall be located within 50 feet of the
point of tangency of the existing or proposed curb radius of any corner
lot.
(7)
A driveway shall not be located within 10 feet of any side yard
unless there is a common driveway for two or more lots as approved
by the Planning Board or Zoning Board of Adjustment.
(8)
No driveway entrance or exit shall be located within 25 feet
of a crosswalk.
(9)
No driveway entrance or exit driveway shall be located on, or
within 50 feet of the point of beginning of, any rotary, ramp or interchange.
(10)
Any development fronting on a street shall be provided with
a single access to the street, where practicable. Where access is
provided by more than one driveway from the same street, the driveways
shall be located at least 200 feet apart.
(11)
Two-way driveways or one-way driveways permitting left turns
onto the street shall intersect the road at an angle of as near 90°
as site conditions will permit and in no case of less than 60°.
(12)
One-way driveways permitting a right turn only onto the street
may not form an angle as small as 45° with the street unless acceleration
and deceleration lanes are provided.
(13)
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated daily
onto the land development for which a site plan is prepared. Driveways
serving large volumes of daily traffic or traffic of over 15% truck
traffic shall be required to utilize height to maximum dimensions.
In single-family residential zones, driveways and parking areas shall
not exceed 20 feet in width.
(14)
The City Engineer may require access to some parking areas to
have acceleration and/or deceleration lanes in accordance with design
criteria established by the American Association of State Highway
and Transportation Officials Standards Manuals.
(15)
No access drive, driveway or other means of ingress and egress
located in any residential zone shall provide access to uses that
are prohibited in such zone.
(16)
Where two or more driveways connect a single site to any one
road, a minimum clear distance of 50 feet measured along the right-of-way
line shall separate the closest edges of any two such driveways.
(17)
Bicycle access drives shall be not less than four feet wide
if used one-way and eight feet wide if used for two-way operation.
Bicycle access to a lot shall not be combined with pedestrian access,
nor shall it be via a separate path parallel and adjacent to motor
vehicle access. Bicycle access driveways shall be free of hazards
to the cyclists (i.e., parallel bar drainage grates, insufficient
sight clearance at points of intersection, or insufficient lateral
or vertical clearance or radii of curvature).
B.
Parking lot and driveway surfaces.
(1)
All parking lot and access drives shall be paved as specified
below or with an equivalent as approved by the City Engineer. All
parking areas and access road shall be suitably drained.
(a)
Truck areas: two inches of bituminous concrete wearing course
I-5, four inches of bituminous concrete base, I-2 and six inches of
DGA, I-5 on compacted firm subgrade 95% proctor.
(b)
Car-only areas: two inches of bituminous concrete wearing course
I-5, two inches of bituminous concrete base, I-2 and four inches of
DGA, I-5 on compacted firm subgrade 95% proctor.
(2)
Access drives, loading areas and other areas subject to high
density or heavy truck traffic shall be paved with not less than four
inches of bituminous stabilized base course and two inches of fine
aggregate bituminous concrete prepared and constructed in accordance
with current specifications of the New Jersey Department of Transportation.
All parking lots shall be paved as follows: Truck areas: two inches
of bituminous concrete wearing course I-5, four inches of bituminous
concrete base, I-2 and six inches of DGA, I-5 on compacted firm subgrade
95% proctor. Car-only areas: two inches of bituminous concrete wearing
course I-5, two inches of bituminous concrete base, I-2 and four inches
of DGA, I-5 on compacted firm subgrade 95% proctor.
(3)
Parking lot areas which are unlikely to experience heavy traffic
shall be paved with not less than three inches of bituminous stabilized
base course and 1 1/2 inches of fine aggregate bituminous concrete
prepared and constructed in accordance with current specifications
of the New Jersey Department of Transportation.
(4)
Soft or unstable subgrades shall be removed for a depth of not
less than six inches and a subbase of dense graded aggregate shall
be installed.
(5)
Turfblock may be used for off-street parking and loading areas
if approved by the City Engineer.
Proposed streets and extensions of existing streets shall conform
to the Master Plan or Official Map, and shall be designed and located
to facilitate orderly circulation patterns, assure emergency access
and provide for future connections to adjoining properties in accordance
with the following standards:
A.
The arrangements of streets shall be such as to provide for their
extension. Local streets shall not be made continuous or be so aligned
that one subdivision adds to the traffic generated by a street in
another subdivision. Through traffic shall be discouraged.
B.
In any major subdivision, it shall be the duty of the Planning Board
to classify proposed streets according to their types. The Planning
Board, in making its decisions, shall refer to the Master Plan and
shall consider conditions within the subdivision and surrounding area.
C.
Subdivisions abutting streets may require a service road or reverse
frontage with a buffer strip for planting or some other means of separation
of through and local traffic as the Planning Board may determine appropriate.
D.
Where a subdivision borders on or contains a railroad right-of-way,
the Planning Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suitable for
the appropriate use of the intervening land, as for park purposes
in residential districts or for commercial or industrial purposes
in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations.
E.
The right-of-way width for internal roads and alleys in residential,
multifamily, commercial and industrial development shall be determined
on an individual basis and shall, in all cases, be of sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs and maximum access for firefighting equipment.
F.
No subdivision showing reserve strips controlling access to streets
shall be approved, except where the control and disposal of land comprising
such strips has been approved by the Planning Board.
G.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this article shall dedicate additional
width along either one or both sides of said road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
H.
The Planning Board may deem any extension of a temporary cul-de-sac
street to be a local street for the purposes of classification.
I.
When a subdivision abuts on existing streets, the street shall be
widened, if necessary, and improved to conform to the standards set
forth in this chapter.
A.
Grades of streets shall not exceed 4%. Grades on other streets shall
not exceed 10%. No street shall have a minimum grade of less than
1/2 of 1%.
B.
All changes in grade shall be connected by vertical curves of sufficient
length to provide a smooth transition and proper site distance and
drainage as determined by the City Engineer.
C.
The maximum length of a cul-de-sac shall be 600 feet to the turning
circle. This distance may be increased to 800 feet if it serves no
more than 20 dwelling units or uses generating equivalent traffic
and if an emergency vehicular access and pedestrian walkway of at
least 10 feet in width is provided from the head of the cul-de-sac
to an adjacent street. The length of the cul-de-sac shall be measured
along its center line from the center line of the intersecting street
to the center of the circle at the end of the cul-de-sac.
D.
Each cul-de-sac shall provide a turnaround at the end with a minimum
radius of 50 feet to the outside edge of the cartway or curbline and
60 feet to the outside edge of the right-of-way.
E.
In any development the street system shall be integrated with the
existing network of streets so that there are at least two points
of access. When such a development is to be developed in sections,
each section shall provide two points of access, one of which may
be temporary.
F.
No street shall have a name which will duplicate, or so nearly duplicate
as to be confused with, the names of existing streets in the City
or its vicinity. The continuation of an existing street shall have
the same name. The Planning Board shall reserve the right to approve
or name streets within a proposed subdivision. All house identification
numbers shall be seen clearly from the street.
G.
Minimum roadway construction.
(1)
Major streets shall be constructed for their full width with
a four-inch compacted depth stone subbase, using soil aggregate Type
5, Class A, quarry process stone, if needed; six-inch dense graded
aggregate; three-inch compacted depth bituminous concrete, Type FABC-2
surface course. All City streets or streets to be dedicated to the
City shall be two inches of wearing course, I-5, six inches of bituminous
concrete base I-2; and six inches DGA, I-5 on a firm compacted subgrade
of 95% proctor.
(2)
Local streets and cul-de-sac streets shall be constructed for
their full width with a four-inch compacted depth stone subbase, using
soil aggregate Type 5, Class A, quarry process stone; four-inch compacted
depth bituminous stabilized base course, stone mix; two-inch compacted
depth bituminous concrete, Type FABC-2 surface course.
(3)
All of the above construction shall be in accordance with the
current New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction and supplements thereto on file in
the City Engineer's office.
H.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
I.
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
J.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets.
A.
Planning Board referral for street or alleyway vacation review is
required before any street or alleyway may be vacated and/or restricted
in any manner, including but not limited to the erection of a structure
on the site and/or the fenced enclosure of the site.
B.
The applicant shall submit the completed application to the Division
of Planning and Zoning. If the application is incomplete, the applicant
shall be notified by the Division of Planning and Zoning within 45
days.
D.
In addition, $150 shall be deposited with the City Clerk for the
cost of publication of the vacation ordinance.
E.
The Division of Planning and Zoning shall distribute the vacation
application for review and report to the following:
F.
In addition, the Division of Planning and Zoning will send the vacation
application to the Camden County Office of Land Development and Review
prior to the applicant's appearance before the Planning Board.
G.
When reviewing a street vacation application, the Planning Board
will consider the comments offered by the above parties. In addition,
the Planning Board will consider any community comment which might
be made at the Planning Board hearing.
H.
Prior to appearance before the Planning Board, the applicant must
notify all property owners within a 200-foot radius of the proposed
vacation.
I.
Ten days prior to the Planning Board hearing, the applicant shall
place an advertisement in the local newspaper.
J.
The Planning Board shall review the vacation application and make
a recommendation of denial or approval to City Council. City Council
shall make all final determinations.
A.
The intersections of two streets shall be as nearly at right angles
as is possible, and in no case shall be less than 60°. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than 20 feet.
B.
At all street corners, the areas bounded by the right-of-way lines
and a straight line connecting sight points on street center lines
which are the following distances from the intersection of the center
lines shall be dedicated as sight triangles.
C.
No fences or any other obstruction, nor any planting exceeding 24
inches in height as measured above the elevation of the center line
of the road, may be placed in any such sight triangle.
D.
The Planning Board may require street widening or other street improvements,
including acceleration and deceleration lanes and concrete curbs,
to assure safe ingress and egress and to achieve the following wherever
possible:
|
Acceleration Lanes
|
Deceleration Lanes
| ||||
|---|---|---|---|---|---|
|
Legal Speed Limit
(mph)
|
Full Length +
(feet)
|
Length of Taper
(feet)
|
Full Length +
(feet)
|
Length of Taper
(feet)
| |
|
25
|
100
|
50
|
150
|
50
| |
|
35
|
200
|
75
|
200
|
75
| |
|
40
|
300
|
75
|
200
|
75
| |
Street signs shall be of the type, design and standard acceptable
to the Planning Board. The location of the street signs shall be determined
by the Board, but there shall be at least two street signs furnished
at each intersection. All signs shall be installed free of visual
obstruction.
A.
Except as specified hereinafter, sidewalks shall be required on both
sides of all streets or as stipulated in the adopted Master Plan and
as further required by the Planning Board. Additionally, sidewalks
shall be required in nonresidential developments at the discretion
of the Board depending upon the probable volume of pedestrian traffic,
the development's location in relation to other populated areas and
the general type of improvement intended.
B.
When, in the determination of the Planning Board or Zoning Board
of Adjustment, an applicant's request for relief from the requirement
set forth in this section is not inimical to the public interest and
public safety, the Board may permit the applicant to make a contribution
to a sidewalk fund in lieu of compliance with this section. The fund
created shall be used solely for the purpose of construction of sidewalks,
aprons and pedestrian ways in the City and for associated costs. The
contribution to be made by an applicant in accordance with this section
shall be in an amount equal to the City Engineer's estimate of the
cost of compliance by the applicant with this section.
C.
Where required, sidewalks shall be at least five feet wide and located
as approved by the Board. Sidewalks shall be at least 4,000-pounds-per-square-inch
air-entrained, six inches thick at driveways. Sidewalks shall be provided
with expansion joints of 1/2-inch-thick preformed bituminous joint
fill spaced at intervals of not more than 24 feet. Sidewalks such
as brick pavers may be considered by the Planning Board upon submission
of complete design details. All sidewalks shall be five inches 4,000
PSI concrete on firm nonyielding subbase compacted to 95% proctor.
D.
Curb ramps for the physically handicapped shall be provided at all
street intersections and shall be constructed in compliance with standards
of the New Jersey Department of Transportation.
E.
Sidewalks shall have control joints at intervals equivalent to the
sidewalk width but not less than four feet. A sidewalk shall be finished
with a broom finish having the striations 90° to the direction
of traffic.
F.
Where trees two inches in caliper or greater exist where sidewalks
are to be constructed, the sidewalks shall be located in the field
by the City Engineer so as to minimize the cutting of trees. In this
situation the resulting sidewalk may have sharp curves, jogs, and
may be flush with the curb for short distances.
G.
At the discretion of the Planning Board, pathways may be substituted
for or provided in addition to sidewalks. Bike pathways shall be designed
to separate bike and motor vehicle traffic. Pathways shall generally
not exceed a grade of 3%, except for short distances, and shall be
a minimum of eight feet wide. Pathways shall have a minimum four-inch
base of crushed stone and a two-inch FABC-2 surface course. Where
pathways intersect a street, the curbing (where applicable) shall
be ramped for access to the street grade. Pathways shall be free of
hazards to the cyclists, i.e., parallel bar drainage grates, insufficient
sight clearance at points of intersection or insufficient lateral
or vertical clearance or radii of curvature.
Except as specified hereinafter, concrete curbs shall be installed
along every street within a subdivision and at intersections with
existing City, county or state roads and shall be laid in a manner
approved by the City Engineer. The curbing shall meet the following
specifications:
A.
All curbs shall be seven inches by eight inches by 18 inches 4000
PSI concrete except when the new curb is constructed along an existing
paved area, which shall be 4500 PSI. The concrete to be used for curb
shall be Class B 3,500-pounds-per-square-inch air-entrained concrete
as specified in the New Jersey State Department of Transportation
Specifications for Curbs and Gutters.
B.
Expansion joints of 1/2-inch-thick preformed bituminous joint filler
shall be provided at intervals of not more than 30 feet and shall
be sealed as specified by the City Engineer.
C.
Curbs shall have control joints at intervals not more than 10 feet.
D.
Openings for driveway access shall be of such width as shall be determined
by the Planning Board. The curb at such driveway openings shall be
depressed to the extent that 1 1/2 inches shall extend above
the finished pavement.
E.
Curbs shall be seven inches by eight inches by 18 inches with a curb
reveal of six inches. Their height shall be 10 inches or 18 inches
and they shall be so constructed as to show a vertical face above
the roadway pavement of six inches maximum.
F.
Curbs shall be finished with a smooth float finish and the rear top
corner of all curbs shall have a radius of 1/4 inch, and the front
top corner shall be rounded and have a radius of one inch.
G.
Replacement curbs or replacement of combination curb and gutter shall
be constructed to the same cross section as the original.
A.
General requirements.
(1)
All exterior lights shall be designed, located, installed and
directed to prevent light pollution and objectionable light, glare
and light trespass across property lines.
(2)
All exterior lights, including streetlights and parking are
lighting, shall be full cut-off type fixtures and are encouraged to
be 85° full cut-off type fixtures. Streetlights shall be high-pressure
sodium, low-pressure sodium, or metal halide, unless otherwise determined
by the City that another type is more efficient. Streetlights along
residential street shall be limited to seventy-watt high-pressure
sodium (HPS) lights. Streetlights along nonresidential streets or
at intersections shall be limited to 100 watt hps, except that lights
at major intersections along state highways shall be limited to 200
watt hps. If the City permits a light type other than high-pressure
sodium, then the equivalent output shall be the limit for the other
light type.
(3)
All lighting shall be recessed sufficiently so as to ensure
that no light source is visible from or causes glare on public rights-of-way
or adjacent or surrounding properties.
(4)
Shielding and/or cutoff optics shall be required in all installations.
(5)
All lighting shall be shielded to prevent glare to pedestrians
and bicyclists.
(6)
Luminaires shall be provided with hoods to prevent uplighting.
(7)
No lighting shall shine directly or reflect into windows or
onto streets and driveways in such a manner as to interfere with driver
vision.
(8)
Pedestrian-scale bollard-type lighting may be placed along walks
and at building entrances.
(9)
Illumination levels and uniformity shall be in accordance with
current recommended practices of the illuminating Engineering Society.
Recommended standards of the Illuminating Engineering Society shall
not be exceeded.
(10)
All outdoor lighting systems shall be designed and operated
so that the area 10 feet beyond the property line of the premises
receives no less than 0.25 (one quarter) of a footcandle of light
from the premises' lighting system.
(11)
Outdoor light fixtures for purposes of private, commercial,
or industrial usage shall not be attached or mounted to public property
(i.e., buildings, utility poles, telephone poles, streetlights, road
and/or street signs). Furthermore, these fixtures shall not tap or
extend power from sources servicing public lighting and/or power devices.
(12)
Outdoor recreational and sports facility lighting shall be shielded from public view, as observed from outside the playing field. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection B. Lamps and/or light sources shall not be visible from residential properties.
(13)
Underground wiring required.
(a)
All electric, telephone, television, cable, optical and other
similar utilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public rights-of-way, installed in accordance with the prevailing
standards and practices of the utility or other companies providing
such services.
(b)
Lots that abut existing easements or public rights-of-way, where
overhead electric or telephone distribution supply lines and service
connections have heretofore been installed, may be supplied with electric
and telephone service from those overhead lines, but the service connections
from the utilities' overhead lines shall be installed underground.
(14)
Outdoor lighting.
(a)
Light distributions generated by light fixtures shall be confined
to the property on which they are installed.
(b)
Outdoor light fixtures properly installed and maintained shall
be directed so that there will not be any direct glare source visible
from any adjacent residential property.
(c)
Light fixtures installed within any setback area, including
front, rear or side yard setbacks, shall contain shielded devices
to prevent light spill and glare upward and onto adjacent properties.
(15)
Standards for illumination.
(a)
The minimum level of lighting along any portion of walkway not
part of a parking lot shall be not less than 0.5 footcandle. The maximum
level of lighting along any portion of walkway not part of a parking
lot shall be not greater than one footcandle.
(b)
The maximum mounting height of exterior lighting shall conform
to the following schedule:
|
Building Height
(feet)
|
Maximum Fixture Mounting Height
(feet)
| |
|---|---|---|
|
Up to 24
|
16
| |
|
25 or greater
|
25
|
B.
Light trespass (nuisance light). All light fixtures, except streetlighting
maintained by a governmental authority, shall be designed, installed
and maintained to prevent light trespass, as specified below.
(1)
Facade lighting on schools and other public buildings or incident
illumination occurring above the height of five feet above the property
line of the subject property shall not exceed 0.1 footcandle in a
vertical plane on residentially zoned property.
(2)
Outdoor light fixtures properly installed and thereafter maintained
shall be directed so that there will not be any direct glare source
visible from any property.
(3)
Light fixtures near adjacent property may require special shielding
devices to prevent light trespass.
C.
Streetlighting.
(1)
Streetlighting shall be installed at no cost to the City by
a developer in locations approved by the City Engineer, as the case
may be. For residential subdivisions, streetlighting shall be installed,
prior to the issuance of any certificate of occupancy, along all roadways
necessary to ensure at least one route of illuminated access for any
occupied structure.
(2)
Operating expenses for residential subdivision lighting shall
be assumed by the City when 50% of the section is occupied.
(3)
Luminaire mounting height shall not exceed 25 feet above grade.
(4)
Pole-mounted street luminaries shall be installed on one side
of the street at 300-foot intervals unless the presence of vertical
and/or horizontal curves or factors relating to specific types of
development necessitates a closer interval. In residential subdivisions,
the poles shall be placed, to the greatest extent possible, in line
with shared property boundaries. Deviations from the spacing interval
shall be approved by the Planning Board or City Engineer, as the case
may be.
(5)
On residential streets, seventy-watt high pressure sodium (HPS)
luminaires shall be provided with at least one 100-watt high pressure
sodium (HPS) luminaire being provided at each street intersection.
On minor collector and major collector streets, 100-watt high pressure
sodium (HPS) luminaires shall be provided along the street with 150-watt
high pressure sodium (HPS) luminaires being provided at intersections.
D.
Parking area lighting.
(1)
Sufficient illumination shall be provided for all off-street
parking, loading and pedestrian areas so as to enable the safe movement
of persons, vehicles, and provide for security.
(2)
The minimum level of lighting in any portion of a parking lot
shall be not less than 0.25 footcandle. The average horizontal illumination
level of lighting within the parking lot shall be not less than 1/2
footcandle nor greater than two footcandles. The maximum level of
lighting in any portion of the parking lot shall be not greater than
three footcandles, except directly under light fixtures where a maximum
of five footcandles is permitted.
(3)
The minimum level of lighting at any ingress or egress portion
of a parking lot shall be not less than one footcandle.
(4)
Poles installed within parking areas shall be aluminum with
a brushed finish and shall be identical in color to poles located
along the road that abut the parking area.
E.
Buildings and other vertical structures.
(1)
Lighting fixtures shall be carefully located, aimed, and shielded
so that light is directed only onto the building surface. Lighting
fixtures shall not be directed toward adjacent streets or roads.
(2)
Lighting fixtures mounted on the building and designed to "wash"
the building surface with light are preferred.
(3)
To the extent practicable, lighting fixtures shall be directed
below and horizontal rather than above the horizontal.
F.
Lighting of walkways/bikeways and parks.
(1)
The walkway, pathway, or ground are shall be illuminated to
a level of no more than 0.5 footcandle.
(2)
The vertical illumination levels at a height of five feet above
grade shall be no more than 0.5 footcandle.
(3)
Lighting fixtures shall be designed to directed light downward,
and light sources shall have an initial output of no more than 1,000
lumens.
G.
Lighting of gasoline station/convenience store aprons and canopies.
(1)
Areas on the aprons away from the gasoline pump islands used
for parking or vehicle storage shall be illuminated in accordance
with the requirements for parking areas set forth elsewhere in this
section. If no gasoline pumps are provided, the entire apron shall
be treated as a parking area.
(2)
Areas around the pump islands and under canopies shall be illuminated
so that the minimum horizontal illuminance at grade level is no more
than 5.5 footcandles. The ratio of average to minimum illuminance
shall be no greater than 4:1. This yields an average illumination
level of no more than 22.0 footcandles.
(3)
Light fixtures mounted on canopies shall be recessed so that
the lens cover is recessed or flush with the bottom surface of the
canopy and/or shielded by the fixture or the edge of the canopy so
that light is restrained to no more than 85° beyond the vertical
plane.
(4)
Light shall not be mounted on the top or sides of the canopy,
and the sides of the canopy shall not be illuminated.
H.
Outdoor lighting energy conservation.
(1)
All outdoor lighting not essential for safety and security purposes
or to illustrate changes in grade or material shall be activated by
automatic control devices and turned off during nonoperating hours.
(a)
Exterior retail and merchandise display lighting, i.e., automobile
dealerships, nurseries/garden markets, shall be turned off between
the hours of 10:00 p.m. and 6:00 a.m. Reduced levels of lighting in
interior show or display windows may remain on for security purposes;
provided, however, that these levels shall not exceed 25% of the normal
artificial lighting levels in the interior display or show windows.
(b)
Exterior lighting for recreational areas, athletic fields and
courts shall not remain on after 10:00 p.m., except for exterior lighting
located within and serving accredited educational institutions, which
shall not remain on after 11:00 p.m.
(c)
Exterior security lighting shall be classified as one of the
following:
[1]
Lighting which is essential to deter vandalism and/or break-ins;
this lighting shall be limited to exterior door locations. Fixtures
used for normal operations at these locations must remain on, the
fixtures shall be outdoor enclosed lighting fixtures. If windows areas
present possible break-in locations, reduced levels of interior lighting
which is situated around the window may remain on as a night light
source to illuminate a window. Night light levels shall not exceed
25% of the normal interior artificial lighting levels around the windows.
[2]
Normally off lighting that is activated by a sensor or detector.
Typically, discharge lamp sources such as sodium vapor, mercury vapor,
and metal halide are not instant start. Therefore, considerations
should be given to using other lamp sources such as incandescent,
tungsten halogen, and florescent which can be used for immediate activation.
Normally off lighting activated by sensors or detectors shall be directed
towards the vertical surfaces of buildings or objects of concern and
shall not remain on for greater than five minutes after activation.
[3]
Lighting that remains on for surveillance cameras. This lighting shall be confined to vertical building surfaces along the perimeter of a site, i.e., walls, trees, bushes. Illuminance levels for this lighting shall be coordinated with, and not exceed, the minimum illuminance threshold of the cameras being used. This data shall be provided with the submission of the plans, in accordance with Subsection I below. Surveillance cameras used in conjunction with outdoor lighting shall be require the minimum illuminance thresholds reasonably available.
(2)
All lighting shall be designed to prevent misdirected or excessive
artificial light and to maximize energy efficiency.
I.
Submission of plans.
(1)
Description of outdoor lamp/luminaire combinations including
component specification such as lamps, reflectors, optics, angle of
cutoff, supports, poles and include manufacturer's catalogue cuts.
(2)
Locations and description of every outdoor enclosed light fixture
and hours of operation, their aiming angles and mounting heights.
(3)
The initial horizontal and vertical illuminance shall be illustrated
in footcandles (before depreciation). Illustrate relamping and cleaning
cycles to arrive at maintained values of illumination.
(4)
Photometric data, such as that furnished by the manufacturer,
showing the angle of light emission and the footcandles on the ground.
(5)
Additional information as may be required by the City in order
to determine compliance with this chapter.
J.
Prohibited lighting characteristics.
(1)
The use of outdoor strobe lighting is prohibited.
(2)
Outdoor lights that flash, pulse, rotate, move or simulate motion
are not permitted.
(3)
Outdoor lighting that could interfere with the safe movement
of motor vehicles is not permitted.
(4)
Searchlights or flashing or animated signs are prohibited.
(5)
Bad lighting fixtures, i.e. "wallpack" type, an "acorn" luminaire
that generates a lot of glare and spot-light, lights that have more
than 3% or 4% of the total lamp lumens rising upward above the horizon,
head luminaire fixtures, floodlights, and spotlights.
(6)
Lighting that significantly alters nighttime view sheds or vistas
from existing residential or public properties are prohibited.
(7)
Newly installed fixtures, which are no full-cutoff fixtures.
(8)
Lighting which presents a clear hazard to motorists, cyclists,
or pedestrians.
(9)
The use of laser source light or any other similar high intensity
light for outdoor advertising or entertainment is prohibited.
K.
Lighting commercial zone. Streets luminaires and poles installed
within the Commercial Zone shall be of an ornamental variety and be
the same or substantially the same as, or compatible with existing
ornamental street luminaires and poles within one block or either
side of the parcel being improved.
L.
Temporary lighting. Temporary lighting that conforms to the requirements
of this chapter shall be allowed. Nonconforming temporary exterior
lighting may be permitted by the Zoning Officer/Administrative Office
only after considering the public and/or private benefits which will
result from the temporary lighting, any annoyance or safety problems
that may result from the use of the temporary lighting, and the duration
of the temporary nonconforming lighting. The applicant shall submit
a detailed description of the proposed temporary nonconforming lighting
to the Zoning Officer/Administrative Officer.
M.
Towers. All radio, communication, and navigation towers that require
lights shall have dual lighting capabilities. For daytime, the white
strobe light may be used, and for nighttime, only red lights shall
be used.
N.
Exemptions and exceptions.
(1)
Federally funded and state-funded roadway construction projects
are exempted from the requirements of this chapter only to the extent
it is necessary to comply with federal and state requirements.
(2)
Fossil fuel light produced directly or indirectly by the combustion
of natural gas or other utility-type fossil fuels is exempt from the
provisions of this chapter.
(3)
Full cutoff streetlighting, which is part of a federal, state,
or municipal installation.
(4)
Holiday lighting.
(5)
Lighting of sports facilities or stadiums prior to 11:00 p.m.
illumination after 11:00 p.m. is also permitted if it is necessary
in order to conclude a recreational, sporting or other scheduled activity
which is in progress prior to that time.
(6)
Specialized lighting necessary for safety, such as navigated
lighting, or temporary lighting associated with emergency operations,
road hazard warnings, etc.
(7)
Traffic control signals and devices.
A.
General.
(1)
All lots or parts of lots which are improved with a predominantly
nonresidential use and whose side or rear lines are adjacent to a
residential zone and/or use shall be screened by landscaped transition
areas or buffer strips or other such screening along side or rear
lines as may be required by the Planning Board. Landscape transition
areas or buffers shall be provided to minimize and screen any adverse
impacts or nuisances on a site or from any adjacent area. Yard requirements
may be deemed to be included as part of a landscape transition area
or buffer or from any adjacent site or area.
(2)
The Planning Board may waive the landscape transition area or
buffer requirement where existing natural or man-made physical barriers
provide an effective visual separation between residential and nonresidential
uses.
(3)
Each permitted use shall provide suitable buffers in order to
protect the character and to minimize and adverse impacts or nuisances
to adjoining properties. Buffers shall be located around the perimeter
of the side to minimize glare from headlights of vehicles, to minimize
noise, to shields light from structures, to shield the movement of
people and vehicles from adjacent property and to shield activities
from adjacent properties. Buffers are fences, walls, landscaping,
berms and mounds used to minimize any adverse impacts or nuisances
on the site from adjacent area. The applicant shall incorporate into
its landscaping plan submitted with the subdivision or site plan a
buffer design plan which shall incorporate the following principles:
(a)
Buffers shall be located along property lines shielding various
uses and activities from each other.
(b)
A buffer shall consist of lawn areas and massed evergreen and
deciduous trees and shrubs planted in a manner that will provide a
continuous visual screen throughout the entire year.
(c)
Evergreen and deciduous shrubs shall have a minimum height of
four feet when planted and shall be of varieties as suggested herein.
(d)
The height of shrubs planted in a buffer strip shall be measured
from the ground level around the base of shrub to the topmost part
of the shrub, once the shrub has been properly planted in the ground.
(e)
Where an area required for a buffer is already wooded, it shall
be left in its natural state, and existing growth shall be supplemented
with additional suitably landscaping in accordance with an overall
landscape plan. All landscaping shall be consistent with the natural
surroundings and shall be properly maintained throughout the life
of any use on said lot. Existing trees or landscaping located within
20 feet of any street or lot line or zone boundary shall not be removed
except with the written approval of the Planning Board; nor shall
the existing grade within that space be disturbed within such approval.
(f)
A buffer shall be at least five feet in width and shall be graded
and planted with grass seed or sod and such other shrubbery or trees
as may be desired by the owner. The entire area shall be attractively
maintained and kept clean of all debris and rubbish.
(g)
Fences or wall as buffers shall complement the structural type,
design and color of the principal building.
[1]
The plant materials, fences, or walls used for screening purposes
shall be sufficient to screen an area at all seasons of the year from
the view of persons standing at an elevation approximately equal to
that of the area to be screened on adjacent streets or properties.
[2]
The required height of the buffer shall be measured in relation
to the elevation of the edge of the adjacent area to be screened.
In such cases where the ground elevation of the location at which
the buffer is to be planted is less than the elevation of the edge
of the adjacent area, the required height of the buffer shall be increased
in an amount equal to said difference in elevation. In the event that
the ground elevation of the location at which the buffer is to be
planted is greater than that at the edge of the adjacent area, the
required height of the buffer may be reduced in an amount equal to
said difference in elevation, provide that in no case shall be required
height be reduced more than two feet. Where plant material is of inadequate
height to properly act as a buffer, the earth shall be mounded and
trees planted on the mound or fencing shall be constructed.
[3]
Any article or material stored outside an enclosed building
as an incidental part of the primary operation on a lot shall be screened
as provided hereinafter by fencing, walls or evergreen planting.
[4]
Where the Planning Board deems it necessary to assure an effective
visual screen between nonresidential uses and streets or residentially
zoned properties, the Board may require, in addition to landscaping,
the provision of a fence of a type, height, and design suitable for
the purpose, provided that the height of such fence or screening shall
not be exceed eight feet.
(h)
Other provisions of this chapter notwithstanding, the entire
lot, except for areas covered by buildings or surfaced as parking,
recreation or service areas, shall be seeded, sodded, or planted with
ground cover and suitably landscaped in accordance with an overall
approved landscape plan.
B.
Landscape plan. A landscape plan prepared by a certified landscape
architect, planner, architect or engineer shall be submitted with
each site plan and major subdivision application. The plan shall identify
existing and proposed trees, shrubs and ground covers; existing landscaping
to be removed; natural features such as rock outcroppings; and other
landscaping elements. The plan shall show where they are or will be
located and planting and/or construction details. Where existing plantings
are to be retained, the application shall include the plan's proposed
methods of protecting them during construction. The landscape plan
shall be address landscape maintenance requirements. Every applicant
for subdivision or site plan approval shall comply with the minimum
landscape standards as outlined in this section. All plants listed
in Appendix I, "Nonindigenous Plant Species," shall not be used (unless
otherwise approved by the Planning Board) by applicants, developers
and others that seek to develop land in the City, and all plants listed
in Appendix II, "Native Plants of New Jersey," shall be used (unless
otherwise approved by the Planning Board.).
C.
Site protection and general planting requirements.
(1)
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
(2)
Landscaping may include plant materials such as trees, shrubs,
ground covers, perennials and annuals and other materials such as
rocks, water, sculpture, art, walls, fences, paving materials, lighting
for aesthetics, and street furniture.
(3)
Landscaping shall be planned in such a way that the site requires
as little use of potable water as possible to ensure the survival
of the plants. Water conservation is a critical purpose of this section.
(4)
Topsoil moved during the course of construction shall be redistributed
on all regraded surfaces so as to provide at least four inches of
even cover to all disturbed areas of the development and shall be
stabilized by seeding or planting.
(5)
All stumps and other tree parts, litter, brush, weeds, excess
or scrap building materials or other debris shall be removed from
the site. No tree stumps or portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may be used as mulch in landscaped area, subject
to approval by the City Engineer.
(6)
Foundation plantings shall be required along all building elevations.
(7)
Maximum effort should be made to save fine specimens, including
those trees with a diameter at breast height of five inches or move.
NO material or temporary soil deposits shall be placed within four
feet of shrubs or 10 feet of trees designated on the landscape plan
to be retained. Protective barriers or tree wells shall be installed
around each plant and/or group of plants that are to remain on the
site. Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
(8)
Landscaping of all cuts and fills and/or terraces shall be sufficient
to prevent erosion, and all roadway slopes steeper than one foot vertical
to three feet horizontal shall be planted with ground cover appropriate
for the purpose and for soil conditions, water availability and environment.
(9)
In residential developments, besides the screening and street
trees required, additional plantings or landscaping elements may be
required throughout the subdivision where necessary for climate control,
privacy or other reasons in accordance with the landscape plan approved
by the Planning Board. In nonresidential developments, all areas of
the site not occupied by buildings and required improvements shall
be landscaped by the planting of grass or other ground cover, shrubs
and trees as part of the landscape plan approved by the Planning Board.
(10)
Deciduous trees shall be at least 2 1/2 inches caliper
at planting and shall be balled and burlapped. Size of evergreens
should be six feet tall and shrubs two feet tall at planting but may
be allowed to vary depending on setting and type of shrub. Only nursery-grown
plant materials shall be acceptable, and trees, shrubs and ground
covers shall be planted in conformance with American Association of
Nurserymen standards. Dead and dying plants shall be replaced by the
developer during the following planting seasons.
(11)
The plant species selected should be hardy for conditions where
proposed and appropriate in terms of function and size and be of a
type requiring the least amount of watering for survival.
(12)
Landscaped areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
(13)
No buildings, structures, storage of material or parking shall
be permitted within any buffer area.
D.
Street trees.
(1)
The selection of street trees for planting may be based on designs
that utilize trees of one species per street or street section, or
one that utilizes a mixture of species, thoughtfully selected, placed
and arranged to produce a formal or naturalized "casual" effect.
(a)
Each tree selection method has its advantages and disadvantages.
Uniformity and neatness are the advantages gained by planting trees
of one kind. However, in large-scale planting, whole blocks might
be affected if disease, insects or other troubles occur. Another acceptable
planting approach would be to alternate types from block to block,
thus retaining the principle of uniformity while minimizing disadvantages.
(b)
A naturalized type of planting is achieved when species or cultivars
are mixed in the same block or neighborhood. This method of planting
is more pleasing when streets are short or curved.
(2)
Street trees may be planted in the following ways, subject to
Planning Board review and approval:
(a)
Street trees shall be placed in a formal allee in order to be
visually unifying. The distance between trees shall be based on 1/3
overlap of mature canopy cover and is therefore dependent on the size
of the individual trees. Street trees shall be spaced no greater than
40 feet on center and be placed in the public right-of-way between
the cartway and right-of-way line, or at least 10 feet behind the
right-of-way line.
(b)
Street trees shall be placed in naturalized groupings located
within and outside the public right-of-way; the total number of street
trees shall average one for every 35 feet measured at the edge of
the cartway. Planting design should accentuate the views and integrate
contrasting landscape elements.
(3)
All trees shall be nursery-grown stock and shall have a root
ball wrapped in burlap, with a replacement guarantee by the developer
of two years.
(4)
Streets trees shall be substantially uniform in size and shape
and shall have straight trunks.
(5)
A hole in which a tree is to be planted shall be in each case
1/3 larger in width and in depth than the existing root ball or the
particular tree to be planted. The hole in which the tree is to be
planted shall contain proper amounts of topsoil and peat moss, but
no chemical fertilizer shall be added until the tree has been planted
for one year.
(6)
Subsequent or replacement trees shall conform to the type of
existing tree in a given area.
(7)
Besides the deciduous and street tree requirements outlined
above, additional trees shall be planed throughout the development
or site in accordance with an approved landscape plan; the variety
of plantings may vary to include flowering types and evergreen.
(8)
The following street tree selection and design guidelines shall
be adhered to:
(a)
Street trees should be located to establish rhythm which unifies
overall street appearance.
(b)
Trees shall be drought tolerant.
(c)
Trees should be relatively fast growing.
(d)
Trees should be readily available from approved nurseries.
(e)
At maturity, trees must be prunable to a height of 14 feet.
(f)
Trees should be disease and pest resistant.
(g)
Trees must have noninvasive root systems to minimize pavement
and sidewalk damage and potential conflict with utilities.
(h)
Species within a larger area should be mixed to prevent disease
problems which may be promoted by monoculture.
(i)
Coordinate new plantings with existing tree plantings where
applicable.
(j)
If a mixture of species is used within an area, tree species
with similar form, height and character shall be specified. These
qualities will promote uniformity and allow for a smooth visual transition
between species.
(k)
Upon planting, all street trees shall be immediately pruned
up to a seven-foot branching height.
(l)
Within sight triangles, a single tree may be permitted only
with the site-specific approval of the City Engineer.
(m)
If existing trees are preserved within five feet of the curb
or cartway, the requirements for street tree planting may be reduced.
(n)
Use tree species tolerant of road salts and low maintenance.
(o)
For species emphasis, the Planning Board may require the use
of double or triple rows of street trees.
(9)
The New Jersey Shade Tree Federation's 1990 Manual (Third Revision)
for street tree selection, installation and maintenance shall be used
by developers and the City in implementation of street tree design
concepts. As such, the developer shall, in consultation with the City
Engineer, develop a concept for a specific development and a street
tree theme which will reinforce this concept.
(10)
Any person who removes trees in a development in a manner not
authorized by this section shall be subject to the penalties prescribed
in this chapter.
E.
Buffering.
(1)
Buffering shall provide a year-round visual and auditory screen
from a development tract to adjacent properties and vice versa in
order to minimize adverse impacts. It may consist of existing natural
vegetation or be created using evergreens, landscaped berms, rocks
or boulders, or combinations thereof, to achieve the same objectives.
(2)
Every development shall provide sufficient buffering when topographical
or other barriers do not provide reasonable screening and when the
Planning Board determines that there is a need to shield neighboring
properties from any adverse external effects of a development or to
shield the development from negative impacts of adjacent uses such
as streets or railroads. In high-density developments, when building
design and location do not provide privacy, the Planning Board may
require landscaping, fences or walls to screen dwelling units for
privacy. Buffers shall be measures from side and rear property lines,
excluding driveways.
(3)
Amount required.
(a)
Where residential and nonresidential uses or zones abut, a buffer
strip of at least 25 feet shall be required. With the written approval
of the adjoining property owner and recording of an appropriate landscape
easement, satisfaction of the aforementioned buffer requirement may
be achieved by the installation of plant materials on each adjoining
property contiguous to the property line being buffered.
(b)
Garbage collection and utility areas are to be screened around
their perimeters by buffer strips a minimum of five feet wide and
comprised of evergreen trees and shrubs.
(4)
Arrangements of plantings in buffers shall provide maximum protection
to adjacent properties and avoid damage to existing plant material.
Permitted arrangements include planting in parallel, serpentine or
broken rows. If planted berms are used, the minimum side slope shall
be 2:1.
(5)
Plant materials shall be sufficient larger and planted in such
a fashion that a year-round screen at least eight feet in height shall
be produced within three growing seasons. All plantings shall be installed
according to American Association of Nurserymen standards.
F.
Parking area landscaping standards.
(1)
Parking areas shall be suitably landscaped to minimize noise,
glare and other nuisance characteristics as well as to improve the
environment of the site and surrounding area. Parking areas providing
for more than 60 motor vehicle spaces shall be divided into modular
parking bays having approximately the same number of stalls and of
not greater than 60 spaces each. A single row or line of spaces within
a bay shall be not more than 10 spaces in length.
(2)
Parking lots exposed to view shall have a minimum planted buffer
of four feet in width on all perimeter areas abutting lot lines or
street rights-of-way. This buffer shall include a continuous visual
screen with is five in height at the time of planting and is 50% evergreen
plant material or deciduous material which is demonstratively effective
for screening purposes. The height of any required screen, hedge or
wall shall decrease where driveways approach sidewalk or walkways
in order to provide adequate visibility of pedestrians from motor
vehicles, and shall not interfere with clear sight triangle requirements.
(3)
In all parking lots of 10 or more spaces, at least 5% of the
interior parking area shall be landscaped and at least two trees for
each 10 spaces shall be installed within landscaped islands. Parking
lots or fewer than 10 spaces may not require interior landscaping
if the Planning Board determines that there is adequate perimeter
landscaping. Planting required within the parking lot is exclusive
of other planting requirements, such as for shade trees planted along
the street.
(4)
Curbed islands with a minimum radius of three feet shall be
located at the end of each parking row and at an interval of every
10 spaces. These islands should contain one shade tree, minimum three
inches in caliper and 14 feet to 16 feet in height, and shrubs not
exceeding 24 inches in heights.
(5)
Where parking lots include parking stalls in a double-stacked
arrangement, two rows of stalls that abut each other shall include
a landscaped buffer between them along the entire length of the rows
and having a minimum width of four feet. Such a buffer shall include
one shade tree, minimum three inches in caliper and 14 feet to 16
feet in height, for every 20 feet of length.
(6)
Parking lot layout shall take into consideration pedestrian
circulation. Pedestrian crosswalks shall be provided where necessary
and appropriate, shall be distinguished by textured paving and shall
be integrated into the wider network of pedestrian walkways. Pavement
textures shall be required on pedestrian accessways.
(7)
Parking area landscaping should be located in protected areas
such as along walkways, in center islands, at the ends of bays or
between parking stalls and must be protected by a curb or similar
abutment. All landscaping in parking areas and on the street frontage
shall be placed so that it will not obstruct sight distance.
(8)
Plant type shall be a mixture of hardy flowering and/or decorative
evergreen and deciduous trees. The evergreens should be used along
the perimeter of the lot for screening and the deciduous trees for
shade within the lot. The area between trees shall be mulched, planted
with shrubs or ground cover or covered with paving material. Any area
that will be under the overhang of vehicles shall be mulched or covered
with paving materials.
G.
Stormwater detention area landscaping. The following landscape reforestation
standards shall be used:
(1)
This landscape treatment is appropriate for detention basins
and areas that are not highly visible or are adjacent to areas of
woodlands or wetlands.
(2)
The area shall be graded creatively to blend into the surrounding
landscape and imitate a natural depression with an irregular edge.
This shall include gentle berming. Linear, geometrical basins are
unacceptable.
(3)
The quantity of trees to be planted on the interior of the basins
shall be equal to the number of trees that would be necessary to cover
the entire area, based upon a twenty-foot by twenty-foot grid to the
high water line or outflow elevation. Forty percent of the trees shall
be of at least two-tenths- and five-tenths-inch caliper in size. The
remaining 60% shall be six-foot- to eight-foot-high whips.
(4)
The trees shall be planted in groves and spaced five feet to
15 feet on center.
(5)
The ground plane shall be seeded with a naturalization, wildflower
and/or meadow grass mix.
H.
Pedestrian spaces.
The following standard landscape notes shall be included on
landscape plans for minor and major development as determined necessary
by the City Engineer:
A.
All plant materials shall conform to the American Association of
Nurserymen standards and shall be first quality nursery grown stock,
free from disease or objectionable disfigurements and planted in conformance
with sound nursery practice and applicable City standards.
B.
All trees (except as noted) shall be balled and burlapped nursery-grown
stock.
C.
All plant materials and lawns shall be planted within the recommended
seasonable time periods as prescribed by accepted horticultural practice.
Plant material with fall planting hazards shall be handled accordingly.
D.
A temporary fence, such as a snow fence, shall be erected at the
perimeter of the drip-line of all existing vegetation indicated to
remain prior to any excavation, construction or site work. This fence
may be removed only at the time of completion of all construction
and final grading.
E.
Existing trees to be relocated shall be handled according to acceptable
horticultural practice.
F.
All disturbed areas not shown as planted or lawn are to be topsoiled
and seeded or returned to their original state before disturbance
as directed by the City Engineer.
G.
All areas not related to the development shall remain in their natural
state.
H.
Additional landscaping approved by the City Engineer shall be provided
by the applicant to replace any vegetation inadvertently removed from
outside the limit of disturbance line as shown on the approved grading
plan during construction.
I.
Proposed trees shall not be planted within easements, driveways and
sight triangles. Therefore, the tree locations shown are approximate
and shall be adjusted in the field.
J.
All shade trees in pedestrian walk areas shall have initial limbs
starting at a minimum of seven feet above finished grade.
K.
All plantings are to be mulched with a three-inch minimum depth of
shredded hardwood bark.
L.
Plants arranged in continuous groupings shall be set in mulched beds.
M.
If a discrepancy exists between the quantity of plants shown on the
plan and the quantity indicated on the landscape schedule, the developer
shall be responsible for the quantities shown on the landscape plan.
N.
Proposals for plant substitutions (necessitated by the lack of availability
of certain species) may be considered if specifically brought to the
attention of the City Engineer. Any plant substitutions shall be subject
to the timely review and approval of the City Engineer.
O.
Planting debris shall be removed from the property.
P.
Plant materials are to be guaranteed for two years by the developer
to be in healthy and vigorous condition from the date of acceptance.
It is understood that the owner will provide adequate and timely care
during the guarantee period to the highest horticultural standards.
The owner may be responsible for the maintenance of all proposed plantings
by providing the correct methods of weeding, spraying, watering, pruning,
and fertilizing.
Q.
Any live tree which is substantially damaged as a result of grading
or general construction must be removed and replaced with another
tree or trees as approved by the City Engineer.
R.
Tree removal from any slope or environmentally sensitive area is
prohibited if it will contribute, in the opinion of the City Engineer,
to extra runoff of surface water onto adjoining property and erosion
and silting, unless other means approved by the City Engineer are
provided to prevent runoff and erosion.
S.
No healthy tree that is special by virtue of history, unusual size,
or age, or of a rare species, shall be removed except as may be required
for the protection of public health, safety or welfare.
T.
Selected existing healthy trees six inches in caliper or less measured
four feet above the ground shall be relocated on-site under the direction
and approval of the City Engineer.
U.
Newly installed plant material shall be watered at the time of planting.
Regular watering shall be provided to ensure the establishment and
regular growth of all plants.
A.
Landscape maintenance shall be provided on all approved developments
as to street trees, common open space, and areas to be dedicated to
the public and all approved development plans. All maintenance shall
be performed in order to assure a safe and attractive landscape environment
and to promote healthy growth of all plant materials. They may take
the form of a monthly schedule or a categorized guideline. All maintenance
shall be on a site-specific basis and shall comply with the following
standards:
(1)
All lands, developed or undeveloped, shall receive periodic
inspection to evaluate the performance of landscape areas and need
for maintenance. Such inspections shall be conducted by the applicant
or its successor in interest at a minimum interval of once every month.
During the growing season, recreation, streetscape, parking, and buffer
areas shall be inspected. Stormwater areas also shall be inspected
after every storm or storm episode. During site inspections, the need
to perform maintenance tasks for the specific area being inspected
shall be evaluated. All areas shall be inspected in relation to the
maintenance specifications contained in this section.
(2)
Debris and weed control shall include the removal of all undesirable
litter, debris, and weeds. The objective of this task is to provide
a neat, orderly, well-maintained appearance. At the time of each monthly
site inspection, a site shall be investigated for the presence of
any debris or weeds. Any objects or plants which create a health or
safety hazard or unnatural visual nuisance shall be removed. For developed
areas exposed to public view (i.e., streetscape, parking, buffer,
open space, and stormwater areas), investigation and weed and debris
control shall be undertaken on a routine basis during each mowing
season. A general fall clean-up shall be provided to remove debris
accumulated in that season.
(3)
Mowing standards shall apply to all lands planted as lawn, turf,
or wildflowers or those with naturalized grasses and weeds. The objective
of all mowing shall be to create a neat, well-maintained appearance.
Blades on all equipment shall be sharp in order to prevent excessive
damage to the grasses. Grasses and weeds around trees and shrubs will
be trimmed to the same height as mowed areas by the use of appropriate
hand tools in order to prevent undesirable damage to the trees or
shrubs. Clippings shall be removed from all paved surfaces. Alternating
mowing patterns shall be utilized to prevent compactions. The following
standards shall apply:
(a)
Turf areas shall include grasses planted in active recreation
areas. The turf in these areas shall not exceed a height of six inches.
In order to maintain this standard, approximately 22 to 30 mowings
per year shall be required. It is preferable to maintain these areas
at a height of two inches to three inches with mowing at a frequency
such that no more than 1/3 of a grass blade is removed per cutting.
The grass shall be cut when height reaches three inches to five inches.
(b)
Lawn areas shall include grasses planted in passive recreation
areas, some stormwater areas, buffers and streetscapes, and all other
open lawn areas. The grass plantings in these areas shall not exceed
a height of 12 inches. In order to maintain this standard, approximately
12 to 15 mowings per year shall be required.
(4)
Pruning shall include the removal of dead or diseased wood,
wood infested with insects, weak or structural defects in the wood,
excessive suckers and shoots, and any irregular or damaged growth.
(a)
All plants shall be checked during periodic inspections to determine
if pruning is necessary. Care shall be taken to prune flowering trees
and shrubs properly during the dormant season or after flowering.
Evergreen shrubs shall be pruned after flowering.
(b)
Shrub materials shall not be sheared as individual plants. The
plants that are intended for screening or buffering shall be pruned
in natural massed forms so as to enhance the plants' natural growth.
(5)
Fertilizer and soil amendments shall be added as necessary and/or
on a seasonal basis. Fertilizer shall be applied to lawn and turf
areas three times per season. Timing, frequency, and rate of application
shall be adjusted according to weather and horticultural and soil
test conditions for each specific site.
(a)
Fertilizer shall be applied by accepted methods only. Safety
shall always be of prime consideration. Care shall be taken not to
apply fertilizer when ground is wet or under extreme stress or during
windy conditions.
(b)
Soil amendments such as lime, gypsum, or peat moss may have
to be added to the soil of lawns, turf, or planting areas periodically.
The need for such soil amendments shall be analyzed during the periodic
inspections and in conjunction with a soil test.
(6)
The control of insects and disease associated with all planting
areas shall be a maintenance priority. All plantings shall be periodically
inspected for insect and disease infestation. Methods utilized to
control insects and disease may range from spraying and pruning to
plant removal. Whatever method is utilized, safety and control shall
always be of prime concern. Certified and trained personnel shall
always perform this task.
(7)
Renovation includes the reseeding or replanting of landscape
areas damaged, destroyed, or failing due to insects, disease, weather,
or physical damage. Specific areas will require detailed specifications
for renovation. The following standards shall apply:
(a)
All areas where soil has been exposed shall be renovated during
the next planting season. Proper horticultural and soil erosion prevention
methods shall be utilized. If soil erosion has occurred, the area
shall be repaired. A seed mixture compatible to existing plantings
and conditions shall always be utilized.
(b)
All plantings which are damaged or destroyed shall be replaced
during the next planting season. A falling, damaged or destroyed landscaped
buffer or hedgerow shall be renovated or replaced within a reasonable
amount of time, but not to exceed the subsequent growing season.
(8)
Site amenities include, but are not limited to, tot lots, play
structures, benches, tables, bridges, paths, fences, walls, bicycle
racks, and signs. All of these amenities shall be periodically inspected.
Maintenance procedures will vary from one site to another. At a minimum,
inspection shall occur twice a year, in early March and early August.
Any damaged, worn, or unsafe condition shall be rectified immediately.
B.
Landscape inspection.
(1)
Prior to issuance of any certificate of occupancy, the proposed
landscape as shown on the approved landscape plan must be installed,
inspected, and approved by the City Engineer.
(2)
New plantings shall be checked for compliance with approved
plans, i.e., correct quantity, quality and uniqueness of the proposed
plantings, size, location, species and the environmental conditions
of the land which could have a detrimental impact upon the health
and vitality of the plantings. Any changes or modifications to the
approved plans must be reviewed and approved by the City Engineer.
All plant materials shall have acceptable form and habit typical of
the species; and should be free of obvious defects, diseases and physical
damage that would hinder their development. Tree staking and guying
procedures, mulching and pruning of all plant material shall be performed
as agreed to on the approved plans and within the range of acceptable
horticultural practices. All plants shall be free of metal or nondegradable
root ball binding systems or containers which could prevent or hinder
normal root and plant development. Proper soil preparation and planting
procedures shall be followed at all times and all plants shall be
planted in season in accordance with the planting schedule as shown
on the approved plans. After the designated two-year replacement guarantee
and maintenance period, all staking and guying materials shall be
removed to avoid long-term damage or inhibition of normal plant development.
(3)
Lawns shall be inspected for adequate coverage of healthy, vigorously
growing grass which is relatively free of weeds and void of bare spots
larger than one square foot in area. Bare spots greater than one square
foot in area shall be reseeded or resodded and reinspected until acceptable
coverage is achieved. All disturbed areas shall be either planted
or seeded for lawn to prevent erosion of topsoil and to stabilize
all critical areas, i.e., drainage swales.
(4)
Existing vegetation scheduled to remain undisturbed and preserved
by new construction shall be inspected for compliance by the City
Engineer or designee. An inspection shall be made to ensure installation
of protection fences at designated locations prior to any site disturbance.
Site visits shall be made to ensure that no stockpiling of building
materials or soil has taken place within the designated areas. No
unnecessary traffic or clearing shall be made in these areas. Fencing
along the tree protection zone shall be maintained until all work/construction
has been completed. After construction, the designated area shall
be inspected for any damage or litter caused by new construction.
Damage or litter shall be removed and/or repaired before final approval
can be given by the City Engineer and before the release of final
performance bonds. After the two-year replacement guarantee has expired,
all staking and guying materials shall be removed to prevent potential
damage or hindrance of future tree growth. The City Engineer may also
require the transplanting of any existing healthy vegetation with
a caliper of six inches or less measured four feet above the ground.
If there is no alternative but to locate a utility line through a
treed area, tunneling shall be used instead of trenching except where,
in the opinion of the City Engineer, survival of the tree would not
be affected by either method.
(5)
Any existing vegetation that is diseased or dying or presents
a safety hazard to people or property may be required to be removed
from the site by the City Engineer or designee. The City Engineer
shall also review individual subdivision and site lot grading plans
as part of the building permit application process. Where possible,
all existing trees shown on an individual lot shall be saved. Trees
in the path of streets, buildings, and driveways, or within 20 feet
of a building will not be saved. Where possible driveways shall be
"flipped" to the other side of a lot and buildings shifted to save
trees. Tree wells shall be used where deemed appropriate by the City
Engineer to save trees.
(6)
If minor changes to the approved plans are made prior to or
during construction, revised or record drawings must be submitted
to the City Engineer for review and approval. Such revisions shall
be indicated by a formal letter of request to the City Engineer. Substantial
changes shall require the approval of the Planning Board or Zoning
Board of Adjustment. If unapproved or inadequate landscape is implemented,
then appropriate replacement shall be required.
(7)
Subsequent to landscape installation and until release of performance
bonds, the City shall have the right to inspect all landscape areas
for conformance to the approved plans, proper installation and maintenance,
and performance of landscape materials.
A.
Applicability. With the exception of the exemptions set forth below,
no tree shall be cut or otherwise removed from any land in the City
without a tree removal permit. All applications to the Planning Board
or Zoning Board for approval of a major subdivision, minor subdivision
or site plan requiring tree removal shall include an application for
a tree removal permit. Any residential, commercial, business or industrial
lot owner wishing to remove trees upon said lot must comply with this
chapter. The application shall be submitted to the Zoning Officer/Administrative
Officer for review and approval. No tree that was planted or preserved
as part of any landscape plan or in accordance with any street tree
requirements approved in conjunction with a subdivision or site plan
shall be removed, except for such trees directed to be removed.
B.
Tree cutting or removal restricted. With the exception of the exemptions
set forth below, no person shall cut or remove, or cause to be cut
or removed, any existing tree with a diameter at breast height (DBH)
of six inches or greater upon any lands within the City unless the
cutting or removal can be accomplished in accordance with the provisions
of this chapter and appropriate permits.
C.
Exemptions. The following shall be exempt from this section:
(1)
Residential lots that are less than two times the minimum required
lot size where removal is no more than three trees with a ten-inch
DBH or less in any two-year period.
(2)
Residential lots that are greater than two times the required
lot size and are removing no more than six trees with a ten-inch DBH
or less in any two-year period.
(3)
Any tree which is part of a cemetery.
(4)
Trees directed to be removed by municipal, county, state or
federal authority pursuant to law.
(5)
Removal of trees which are dead, dying or diseased, or trees
which have suffered damage, or any tree whose angle of growth makes
them a hazard to structures, roads, or human life.
(6)
Removal of trees which appear to cause structural damage to
buildings or foundations.
(7)
Any tree growing on or over a public right-of-way or public
land.
(8)
Pruning or removal of trees within the right-of-way by utility
companies for maintenance of utility wires or pipelines and the pruning
of trees within sight easements.
(9)
Those projects which have received major subdivision or site
plan approval prior to the effective date of this chapter and amended
major subdivision and site plans.
D.
Tree removal requirements for major and minor subdivisions and site
plans. Each application to the Planning Board or Zoning Board for
approval of a major or minor subdivision or a site plan that requires
the removal of trees shall include an application for a tree removal
permit. The application and development proposal shall conform to
the following provisions:
(1)
The application form shall include the following information:
(a)
Name and address (street, lot and block) of the owner of the
premises and status of legal entity (individual, partnership, corporation
of this or any other state, etc.).
(b)
Description of the premises where removal is to take place,
including lot and block numbers, street address as assigned.
(c)
A list of all trees to be removed with a DBH equal to or greater
than six inches identified by size and species, including total number
of each species to be removed.
(d)
Purpose for tree removal (new construction, street or roadway,
driveway, utility easement, recreation areas, parking lot, etc.).
(e)
Proof that there are no delinquent property taxes or assessments
due on the property for which the application is submitted.
(f)
Such other information as may be deemed necessary in order to
effectively process and decide such application.
(2)
The following information shall be provided on a landscape plan
prepared by a registered landscape architect or registered professional
engineer and submitted with the application for tree removal. The
landscape plan must be submitted prior to tree removal permit approval.
(a)
Location of existing tree canopy within the property boundaries.
(b)
Location of individual trees with a DBH equal to or greater
than six inches identified by size and species within the area of
development/limit of disturbance.
(c)
Location of individual trees with a DBH equal to or greater
than six inches identified by size and species beyond the area of
development/limit of disturbance.
(d)
Location of individual existing trees and their drip lines noted
for preservation within the area of development/limit of disturbance
identified by size and species. Where clusters of trees exist on the
site or are contiguous with adjacent sites, fragmentation of the cluster
shall be avoided where possible.
(e)
Location of all required replacement trees.
(f)
Clear labeling of the area(s) intended for tree/vegetation removal.
(g)
Tree protection material details and limit of disturbance line.
(h)
Location of existing and proposed buildings/structures.
(i)
All bodies of water and wetlands, including water retention
and detention areas.
(j)
Location of all existing driveways and parking areas.
(k)
Only those trees necessary to permit the construction of buildings,
structures, streets, driveways, infrastructure and other authorized
improvements shall be removed. Existing vegetation shall be preserved
to the greatest extent feasible.
(l)
No more than 60% of the existing tree canopy within the property
boundaries shall be removed. The location of the remaining 40% of
the tree canopy to be preserved shall be noted on the landscape plan.
Steep slope limits of disturbance shall supersede this section when
appropriate.
(m)
No more than 10% of existing trees with a DBH equal to or greater
than 10 inches within the area of development/limit of disturbance
shall be removed unless the application shall replant trees removed.
(n)
Landscape standards may be waived by the Planning Board when
trees and/or shrub masses are preserved and/or relocated on site that
duplicate or essentially duplicate the landscape requirements contained
in this section.
(o)
The appropriate reviewing authority shall have the option of
requiring a conservation easement to protect any or all trees or tree
canopy areas to remain on site.
(3)
Tree protection measures and the limit of disturbance line shown
on the landscape plan shall be provided in the field with snow fencing
or other durable material and verified by the City Engineer or other
designated official prior to soil disturbance.
(4)
Protective barriers shall not be supported by the plants they
are protecting, but shall be self-supporting. Barriers shall be a
minimum of four feet high and shall last until construction is complete.
(5)
Chain-link fence may be required for tree protection if warranted
by site conditions and relative rarity of the plant.
(6)
Snow fencing used for tree protection shall be firmly secured
along the drip line, but shall be no less than six feet from the trunk.
(7)
The grade of the land located within the drip line shall not
be raised or lowered more than six inches unless compensated by welling
or retaining wall methods; and in no event shall welling or retaining
wall methods be less than six feet from the trunk of a tree.
(8)
No soil stockpiling, storage of building materials, construction
equipment or vehicles shall be permitted within the drip line or within
six feet of any remaining trees, whichever is greater.
(9)
Any clearing within the drip line, or within six feet of the
trunk of a remaining tree, whichever is greater, shall be done by
hand-operated equipment.
A.
To protect desirable trees from environmental and mechanical injury
during construction activities as well as to protect certain species
from erosion and sediment control, shade, aesthetics, song birds,
other wildlife, dust control, noise abatement, and oxygen production,
the following factors shall be considered on any new development sites
containing valuable trees:
(1)
Tree vigor. Vigor describes the overall health and physical
condition of the tree. A tree of low vigor is more susceptible to
damage by environmental changes, insect infestation and diseases than
a healthy tree. Trees of poor vigor typically exhibit at least some
of the following conditions: minimal new growth, death of limbs or
branches (new growth is especially vulnerable), undersized leaves,
sparse foliage, poor foliage color and early fall foliage coloration.
Dangerously hollow or damaged trees with cracked or split limbs or
trunk, excessively leaning or crooked trees, trees with bark separating
from its trunk, wounds in the bark, oozing sap or trees with major
portions of their canopy missing should be reviewed on an individual
basis.
(2)
Tree age. Very old, picturesque trees may be more aesthetically
valuable than smaller, young trees, but will usually require more
extensive protection measures. Only vigorously growing, healthy old
trees should be protected. Indications of tree vigor, previously described,
should be used to determine selection of old trees to be saved. Large,
old trees with historic or prominent locations should be carefully
evaluated by landscape professionals before being disturbed.
(3)
Species. Many species of trees are not suitable for shade tree
or ornamental use around buildings. Trees that are short lived, have
soft or brittle wood, messy leaves or fruit, or are frequently attached
by insects and disease should not be protected.
(4)
Wildlife benefits. Protecting trees that are preferred by wildlife
for food, cover, and nesting will add to wildlife activity and diversity.
A mixture of evergreens and hardwoods is beneficial. Evergreen trees
provide cover during the winter months. The hardwoods provide valuable
food.
(5)
Species longevity. Favor should be given to trees with long
life spans, such as oak, beech, and tulip poplar. Short-lived trees
should be avoided for use as shade, lawn or specimen trees, even though
they may have an attractive form or pleasing coloration in the spring
or fall.
(6)
Resistance to insects and diseases. Trees that are frequent
targets of insects and diseases should not be protected. American
Elm, for example, could be lost to Dutch Elm disease. Wild cherry,
another example, is a favorite host of the tent caterpillar, an insect
which cases defoliation of this tree in early summer.
(7)
Tree aesthetics. Select trees that are aesthetically pleasing,
exhibiting good shape and form. Avoid protecting trees that are excessively
leaning, crooked, and misshapen. Occasionally, an odd-shaped tree
or one of unusual form may add interest to the landscape if strategically
located, but it should be preserved only if it is structurally sound
and vigorous.
(8)
Spring and autumn coloration. Species differ in fall color;
some are bright red while others are orange or yellow. Other species
exhibit no autumn color, such as walnut, locust, and sycamore.
(9)
Air pollution susceptibility. Tree species vary greatly in susceptibility
to air pollution. Symptoms vary from species to species, and professional
advice should be solicited if air pollution is suspected to be causing
damage to existing trees. Common indicators of air pollution exhibited
in leaves and needles are browning of edges, yellowing or other unnatural
colors over the entire leaf or spots or blotches. Items listed under
tree vigor could also indicate air pollution damage. Air pollution
can stunt growth and kill trees over a relatively short period of
time.
B.
Trees shall be planted as determined by the Planning Board. All newly
planted trees shall be watered during dry seasons unless prohibited
by the City.
C.
Soil compaction and physical damage to roots, limbs and trunk are
the most common forms of damage to trees during the construction process.
The compaction of soil within the drip-line of a tree can damage the
soil structure and inhibit the transportation of water and air to
tree roots. To ensure the survival of trees selected to be preserved,
the following guidelines shall be followed:
(1)
Protection from mechanical damage.
(2)
Protect trees scheduled to be preserved within 20 feet of a
building site and all vegetation beyond the designated limit of disturbance
lines to prevent mechanical and compaction injury. Fencing or other
approved barriers should be a minimum four feet high and installed
at the tree's drip-line. Barrier installation shall take place before
any site disturbance takes place.
(3)
Boards shall not be nailed to trees during building operations.
(4)
Feeder roots should not be cut in an area within the drip-line
of the tree's canopy.
(5)
Damaged limbs or trunks shall be repaired promptly. Care for
serious injury should be prescribed by a professional forester or
licensed tree expert.
(6)
Tree limb removal, where necessary, will be done flush to trunk
or main branch and the cut shall preserve the branch collar.
(7)
Protect trees against unnecessary cutting, breaking or skinning
of roots or bark. Soil or construction materials should not be stored
within the drip-line of any tree scheduled to be saved. Prohibit vehicular
traffic, parking of vehicles or excessive foot traffic within the
drip-line.
(8)
Root damage on any root over 1 1/2 inches in diameter shall
be treated with tree paint in the same manner as treatment to a cut
limb. Temporarily cover all exposed roots with wet burlap to prevent
roots from drying out, and cover exposed roots with soil as soon as
possible.
(9)
Water trees and other vegetation protected from construction
traffic as required to maintain their health during the course of
construction operations.
(10)
Avoid changing the existing ground elevation within the dripline
of trees scheduled to be saved.
D.
No person shall do or cause to be done any of the following acts
affecting trees or shrubbery planted or growing naturally within areas
that are affected by this section:
(1)
Cut, trim, break, girdle, disturb the roots of or injure any
living tree or damage, misuse or remove any structure or device placed
to support or protect any tree.
(2)
Plant or remove any living tree or climb any living tree with
spikes.
(3)
Fasten any rope, wire, electrical attachment, sign, reflectors
or other device to a tree or to any guard around a tree.
(4)
Close or obstruct any open space around the base of a tree which
permits the access of air, water or fertilizer to the roots of the
tree.
(5)
Place any guy wire, brace, rope or other device on any tree
in such a manner as to injure it.
(6)
Permit any brine, petroleum-based product or injurious chemical
or liquid to come in contact with the trunk or roots of a tree.
(7)
Build a fire or station a tar kettle or engine in such a manner
that heat or noxious fumes will penetrate the drip-line of any nearby
tree.
(8)
Dam or obstruct any watercourse so as to result in flooding
of adjacent treed areas or artificially change the water table near
trees.
(9)
Create impervious surfaces within the limits of the drip-line.
A.
Natural features and critical areas, such as treed areas, scenic
views; natural terrain including steep slopes, open waters and stream
corridors; wetlands and associated buffers; natural drainage lines;
open space of high ecological value; and other community assets shall
be preserved to the maximum extent possible in designing any development
containing such features, adhering to the following requirements:
(1)
All trees and shrubs which provide shading, protection from
the wind, noise and visual screening shall be preserved wherever possible.
(2)
Selected trees and shrubs as determined by the Planning Board
to enhance the landscape treatment of the development shall be preserved.
(3)
Existing trees in the area between the street line and the setback
line of a building shall be preserved to the greatest extent possible.
B.
No topsoil shall be removed from areas intended for lawn and open
space. Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover wherever possible to
all areas of the development, which cover shall be stabilized. Topsoil
shall be placed at a height equal to the recommendations of the Soil
Conservation District or the City Engineer. In instances where the
initial removal and stockpiling of topsoil does not provide for the
redistribution of topsoil to a minimum depth of six inches, the owner
or developer shall be required only to redistribute topsoil at an
equitable depth to all areas. However, the Planning Board shall reserve
the right to require a developer to bring additional topsoil to a
site and redistribute same so as to provide for adequate topsoil for
seeding, planting, and stabilization of all distributed areas. All
disturbed areas of a site not covered by buildings or impervious surfaces
shall be properly and adequately stabilized by seeding and/or by planting.
Ground cover must be planted on all areas in the first planting season
after disturbance.
C.
No soil shall be removed from or be imported to any site in excess
of 100 cubic yards without the prior approval of the Planning Board.
The applicant and/or developer shall provide the Planning Board with
an estimate of the total amount of soil to be excavated from the site
and the total amount of soil to be imported to the site. A plan shall
be submitted showing how the soil is to be distributed and stabilized,
including grading contours. If the soil is to be imported, a plan
shall be submitted describing methodology and frequency of testing
the soil to ensure its safe quality. Finally, the plan shall describe
the size and number of vehicles that are proposed for hauling the
removed or imported soil together with the hauling route(s), time
of day, days of the week for transporting soil, street cleaning procedures,
signage, and type of fill material.
A.
Administration.
(1)
A soil erosion and sediment control plan shall be approved by
the Planning Board prior to preliminary major site plan approval,
minor subdivision approval or preliminary major subdivision approval,
unless expressly waived by the Board. The measures of the approved
soil erosion and sediment control plan shall accompany the sketch
plat for a minor subdivision and shall be incorporated into the final
plat or site plan and final construction drawings for a major subdivision
or major site plan. The Board shall review and make a decision on
all soil erosion and sediment control plans within a period of 30
days of submission of a complete application unless, by mutual agreement
in writing between the Board and the applicant, this period is extended
for an additional 30 days. Failure of the Board to make a decision
within such period or such extension thereof shall constitute approval.
The applicant shall be provided with written notice of such decision
by the City Engineer. A copy of such decision, including the name
of the applicant, the site location by street address and block and
lot number and the proposed land use, shall be sent to the Camden
County Soil Conservation District. The City shall also make available
such other information as may be required by the district.
(2)
The soil erosion and sediment control plan or any major amendment
shall be approved by the Board in the manner and form according to
the regulations hereafter set forth. The Board, in approving a soil
erosion and sedimentation control plan, may impose lawful conditions
or requirements designated or specified on or in connection therewith
and may require that such conditions or requirements, and the satisfaction
thereof, be made a part of all improvement and maintenance agreements
to be executed with the City and the securities to be posted in connection
therewith. These conditions and requirements shall be provided and
maintained as a condition to the establishment, maintenance and continuance
of any use or occupancy of any land or structure thereon.
(3)
Amendments to a soil erosion and sediment control plan required
as the result of conditions arising in the field during construction
may be approved by the City Engineer upon written request to him,
and such approval as may be given by said Engineer shall be communicated
in writing by the Engineer to the Board notifying the Board of the
nature and reason for the change.
(4)
The Board may refer soil erosion and sediment control plans
to the Camden County Soil Conservation District or such other local,
county, state or federal agency (including the Soil Conservation Service
of the Department of Agriculture) as may be particularly qualified
to review said plan, and no approval of the Board shall be given until
after receipt and recommendation thereof.
(5)
Except as provided for below, in the event that land is proposed
to be cleared, graded, transported, filled or otherwise disturbed
and where subdivision approval or site plan approval is not required,
a grading permit shall be required. Said permit shall be issued by
the City Engineer upon the approval of a soil erosion and sediment
control plan. A separate application shall be required for each grading
permit. Plans, specifications and time schedules shall be submitted
with each application for a grading permit, together with the application
fee. The plans shall be prepared and duly signed and sealed by a professional
engineer or architect registered and licensed in the State of New
Jersey.
B.
Application procedure.
(1)
No land area within the City shall be cleared, graded, transported,
filled or otherwise disturbed by any person or legal entity for purposes,
including but not limited to the construction of buildings or roads,
the filling of land, the removal of natural resources, the mining
of materials and the development of recreational facilities, unless:
(a)
The proper City has received and approved a plan to provide
for soil erosion and sediment control for such land consistent with
this section, and issued a valid land disturbance permit for such
land area;
(b)
There has been a valid grading permit issued by the City Engineer;
or
(c)
The disturbance activity is exempted.
(2)
Without limiting the effect of the preceding subsection, no
preliminary site plan or preliminary subdivision application shall
be granted approval by a Board unless the application includes a soil
erosion and sediment control plan in accordance with the standards
provided for herein. No approval for occupancy of any building will
be granted unless all necessary soil erosion control measures have
been completed in accordance with this section. The applicant shall
bear the final responsibility for the installation and construction
of all required soil erosion and sediment control measures according
to the provisions of this article.
C.
Plan requirements.
(1)
The applicant must submit a soil erosion and sediment control
plan for the entire site, which shall be accompanied by payment of
an application fee together with a technical review fee. The plan
shall contain:
(a)
Measures for soil erosion and sediment control, which: must
meet or exceed the specifications and standards for soil erosion and
sediment control in New Jersey promulgated by the State Soil Conservation
Committee in the Department of Agriculture established pursuant to
N.J.S.A. 4:24-1 et seq.
(b)
A schedule indicating the anticipated starting and completion
dates and the sequence of installation of planned erosion and sediment
control measures as related to the progress of the project, and the
time of exposure of each area prior to the completion of such measures.
(c)
The location and description of existing natural and man-made
features on and surrounding the site and including:
[1]
The soil characteristics on the site and a copy of the soil
conservation district soil survey, where available.
[2]
The topography of that portion of the site to be graded, cleared
or developed as well as any area that may be affected by the foregoing,
shall be shown at contour levels of two feet for areas with slopes
less than 20% and five feet for areas with slopes of 20% or greater.
Areas in each slope classification shall be depicted on the plan with
shading, color, or other graphics.
[3]
Flood hazard areas, if any, and wetlands and wetland transition
areas, if any, as approved by New Jersey Department of Environmental
Protection.
(d)
All proposed revisions of data required shall be submitted for
approval.
(2)
All proposed revisions of data required shall be submitted for
approval.
D.
Design standards. In the preparation and implementation of a soil
erosion and sediment control plan, the following principles of design
shall be adhered to:
(1)
Control measures shall apply to all aspects of the proposed
site plan involving land disturbance, including road and utility installations,
as well as to the protection of individual lots.
(2)
Measures shall be instituted to prevent or control soil erosion
and sedimentation, and such measures shall be in operation during
all stages of development.
(3)
The smallest practicable area of land shall be exposed at any
one time during development, and stripping of vegetation, grading
or other soil disturbance shall be done in a manner which will minimize
soil erosion and the duration of the disturbance.
(4)
Work shall be performed in stages where necessary.
(5)
The construction or installation of improvements such as diversions,
sediment basins and similar structures required to prevent soil erosion
and sedimentation shall be required prior to the start of construction
or on-site grading or disturbance.
(6)
Permanent improvements, such as roads, catch basins, curbs and
the like, shall be installed or constructed and completed as soon
as possible.
(7)
Temporary diversions and outlets shall be constructed or installed
to accommodate the increased runoff caused by the changed soil and
surface conditions during development.
(8)
Sediment basins, debris basins, desilting basins or silt traps
shall be installed to remove sediment from runoff waters.
(9)
Sediment shall be retained on the site to the maximum extent
feasible.
(10)
Stormwater runoff shall be minimized and retained on the site
wherever practicable by the construction of the following:
(a)
Retention basins, designed in accordance with the requirements
of this chapter.
(b)
Dry wells for roadway and site construction, designed in accordance
with requirements establishments by the City Engineer and approved
by the Planning Board.
(c)
Roof drain drywalls for single-family dwellings and accessory
structures, designed to retain a minimum of 250 cubic feet of storage
volume for every 1,000 square feet of roofed area. For roof areas
not evenly divisible by 1,000 square feet, the required storage volume
shall be apportioned accordingly. Details and location of the dry
well facility shall be shown on the grading plan. Roof areas less
than 500 square feet in plan area will be exempt from this requirement.
(11)
Drainage provisions shall accommodate increased runoff, resulting
from modified soil and surface conditions, during and after development
or disturbance.
(12)
Whenever feasible, natural vegetation shall be retained and
protected.
(13)
Permanent final plant cover or lawn or ground cover shall be
installed on any site prior to the issuance of a certificate of occupancy.
In the event that such permanent final plant cover cannot be installed
because of conditions of weather, the installation thereof shall be
enforced by appropriate provisions in a bond or other security and
improvement agreements. If permanent protection and cover has not
been and cannot be installed, temporary measures in accordance with
the Standards for Soil Erosion and Sediment Control in New Jersey
as promulgated by the State Soil Conservation Committee must be installed
until such time as permanent measures can be installed.
(14)
Either temporary seeding, mulching, plant cover or other suitable
stabilization measures shall be used to protect exposed critical erosion
areas during construction or other land disturbance.
E.
Maintenance. All necessary soil erosion and sediment control measures
installed under this article shall be adequately maintained by the
applicant and all subsequent owners of the property on which such
measures have been installed, until the possibility of soil erosion
and sediment pollution no longer exists.
F.
Exemptions. The following activities are specifically exempt from
this article:
(1)
Construction of a single-family dwelling and any related structure
where a building permit is required and where the proposed roofed
area is less than 500 square feet or, if a structure has no roof,
where less than 500 square feet of land will be disturbed.
(2)
Soil disturbance associated with existing residences where a
building permit is not required.
(3)
Site plans where the land will not be disturbed.
(4)
Agricultural use of lands when operated in accordance with a
farm conservation plan approved by the Camden County Soil Conservation
District or when it is determined by said Soil Conservation District
that such use will not cause excessive erosion and sedimentation.
A.
The provisions of this section shall be enforced by noise control
officers. A person shall be qualified to be a noise control officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, The State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
B.
Sound measurements made by a noise control officer shall conform
to the procedures set forth at N.J.A.C. 7:29-2, except that interior
sound level measurements shall also conform with the procedures set
forth below and with the definition of "real property line" as contained
in this chapter.
C.
Noise control officers shall have the power to:
(1)
Coordinate the noise control activities of all departments in
the City and cooperate with all other public bodies and agencies to
the extent practicable.
(2)
Review the actions of the City and advise on the effect, if
any, of such actions on noise control.
(3)
Review public and private projects, subject to mandatory review
or approval by other departments or boards, for compliance with this
section.
(4)
Investigate and pursue possible violations of this chapter for
sound levels which equal or exceed the sound levels set forth in Tables
I and II, when measured at a receiving property located within the
designated jurisdiction of the City Noise Control Officer.
(5)
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
D.
No person shall cause, suffer, allow, or permit the operation of
any source of sound on any source property listed above in such manner
as to create a sound level that equals or exceeds the sound level
limits set forth in Tables I and II when measured at or within the
real property line of any of the receiving properties listed in Tables
I and II, except as specified below.
E.
When measuring total sound or residual sound within a multiuse property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (i.e., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
F.
Indoor measurements shall only be taken if the sound source: is on
or within the same property as the receiving property, as in the case
of a multiuse property (i.e., sound generated within a commercial
unit of a multiuse property building and received within a residential
unit of the same building) or multi-dwelling unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multi-dwelling unit building. The allowable sound level standards
for indoors are as shown on Tables I and II.
G.
Impulsive sound shall not equal or exceed 80 decibels at all times.
H.
Except as provided below, the provisions of this section shall not
apply to the exceptions listed in N.J.A.C. 7:29-1.4.
I.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II, except as provided for in Subsection J below.
J.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
(1)
Noncommercial or nonindustrial power tools and landscaping and
yard maintenance equipment shall not be operated between the hours
of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
(2)
Commercial or industrial power tools and landscaping and yard
maintenance equipment, excluding emergency work, shall not be operated
on a residential property or within 250 feet of a residential property
line when operated on commercial or industrial property between the
hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours
of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays, unless
such activities can meet the limits set forth in Table I and II. In
addition, commercial or industrial power tools and landscaping and
yard maintenance equipment, excluding emergency work, utilized on
commercial or industrial property shall meet the limits set forth
in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All
motorized equipment used in these activities shall be operated with
a muffler. At all other times, the limits set forth in Tables I and
II do not apply to commercial or industrial power tools and landscaping
and yard maintenance equipment.
(3)
Construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Tables I and II. All motorized equipment used in construction
and demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities.
(4)
Motorized snow blowers, snow throwers, and lawn equipment with
attached snow plows shall be operated at all times with a muffler.
At all times, the limits set forth in Tables I and II do not apply.
(5)
All exterior burglar alarms of a building or motor vehicle must
be activated in such a manner that the burglar alarm terminates its
operation within five minutes for continuous airborne sound and 15
minutes for impulsive sound after it has been activated. At all times,
the limits set forth at Tables I and II do not apply.
(6)
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.
(7)
Personal vehicular music amplification equipment shall not be
operated in such a manner as to be plainly audible at a distance of
50 feet in any direction from the operator between the hours of 8:00
a.m. and 10:00 p.m.
(8)
Self-contained, portable, handheld music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m. sound from such equipment shall not be plainly audible
by any person other than the operator.
(9)
Sound levels exceeding the limits set forth in Table I shall
be prohibited between residential units within the same multi-dwelling
unit building. Measurements shall be taken indoors.
K.
Tables
I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels
| ||||
|
1.
|
No persons shall cause, suffer, allow, or permit the operation
of any source of sound on any source property listed above in such
a manner as to create a sound level that equals or exceeds the sound
levels listed below.
| |||
|
(A) Outdoors
| ||||
|
Receiving Property Category
| ||||
|
Residential Property, or Residential Portion of a Multiuse
Property
|
Commercial Facility*, Public Service Facility, Nonresidential
Portion of a Multiuse Property, or Community Service Facility
| |||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
| |
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
| |
|
(B) Indoors
| ||||
|
Receiving Property Category
| ||||
|
Residential Property, or Residential Portion of a Multiuse
Property
|
Commercial Facility*, Public Service Facility, Nonresidential
Portion of a Multiuse Property, or Community Service Facility
| |||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
| |
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
| |
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
|
Table II
Maximum Permissible Octave Band Sound Pressure Levels
in Decibels
| |
|---|---|
|
1.
|
No person shall cause, suffer, allow, or permit the operation
of any source of sound on any source property listed above in such
a manner as to create a sound pressure level that equals or exceeds
the sound levels listed below in one or more octave bands.
|
|
2.
|
When octave measurements are made, the sound from the source
must be constant in level and character. If octave band sound pressure
level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
|
Receiving Property
| ||||||
|---|---|---|---|---|---|---|
|
Residential Property, or Residential Portion of a Multiuse
Property
|
Residential Property, or Residential Portion of a Multiuse
Property
|
Commercial Facility, Public Service Facility, Non-residential
Portion of a Multiuse Property, or Community Service Facility
|
Commercial Facility or Non-residential Portion of a Multiuse
Property
| |||
|
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| |||
|
Octave Band Center
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level,
(dB)
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 Hours
|
24 Hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
A.
In development plans where common open space is provided, it shall
be clearly delineated, dimensioned and tabulated to nearest tenth
of an acre on the final development plan. Except in age-restricted
developments, active recreation facilities shall include, at a minimum,
play lots located so as to serve conveniently all units in the development
and meeting the following minimum standards: tot lots, with a minimum
area of 2,000 square feet for toddlers and 5,000 square feet for older
children, containing such facilities as swings, a slide, play sculptures,
and benches for parents. Tot lots shall be located with due consideration
of their effective service radius of 1/8 of a mile and their capability
to serve not more than approximately 100 children each.
B.
All recreational facilities shall be operated for the residents thereof
and shall not be made available commercially to anyone who pays a
fee.
C.
The design and use of open space areas shall protect the natural
resources and qualities of the site, including the natural terrain,
woodlands, significant views, historic sites and/or districts, and
any unique and unusual feature.
D.
Dedicated open space, to the greatest extent practicable, should
be contiguous.
E.
Developments in nonresidential and mixed-use zones should provide
outdoor amenities for employees, examples of which include benches,
tables and landscaped green areas.
F.
Residential subdivisions of eight or more lots shall provide at least
10% dedicated open space, of which 50% must be usable land to provide
for active and/or passive recreation as found to be appropriate by
the Planning Board based on existing and/or anticipated resident need
and demand.
G.
Recreation facilities. As a minimum requirement, no less than 50%
of all recreation improvements shall be installed prior to the issuance
of a certificate of occupancy for more than 75% of the total number
of approved dwelling units.
|
Dwelling Units
|
Tot Lot
|
Multipurpose Field
|
Tennis Court
|
Basketball Court
| |
|---|---|---|---|---|---|
|
8 to 25
|
1
| ||||
|
26 to 50
|
1
|
1
| |||
|
50+
|
1
|
1
|
1
|
1
|
H.
When allowed by the Planning Board, a cash contribution may be made
in lieu of providing recreational equipment; otherwise the fee per
dwelling unit as required by ordinance as may be amended from time
to time is to be posted. This contribution shall be made to an open
space trust fund maintained by the City specifically for the periodic
purchase, lease, acquisition and/or maintenance of active recreation
lands and improvements for the use of City residents. Said contribution
shall be paid as follows: 1/2 at the time of final approval and the
balance per unit at the time of each building permit, in addition
to the regular building permit fees. The land required to be used
for active recreation shall thereafter be used for passive recreation
unless the City elects to construct active recreation facilities thereon
at City expense.
Signs shall be permitted only in compliance with the following
regulations which are intended to be attractive, coordinated, informative
and efficient.
A.
All signs, whether permitted or nonconforming, shall comply with
all applicable county, state and federal sign regulations as well
as the following general standards:
(1)
Each subdivision and site plan application shall include a sign
plan showing the specific design, location, size, height, construction,
illumination, and landscaping of proposed signs in accordance with
the regulations contained herein.
(2)
No signs shall be hung, erected or placed upon any building
or property unless a sign plan has been approved by the Planning Board
or Zoning Board of Adjustment, or a written application has been made
to the Zoning Officer/Administrative Officer by the owner of the building
or property and a permit has been issued upon payment of the established
fee. Signs located in an historic district and in an Historic Conservation
Overlay District shall be reviewed by the Historic Preservation Commission.
(3)
Signs may be located on a lot so that they shall not be in or
within the public right-of-way, nor interfere with sight distances
at street intersections or ingress or egress points to a lot, development
or subdivision. Signs designed to be seen from vehicles shall be perpendicular
to the line of travel, while signs designed to be read on foot can
be placed parallel with walks. Adjacent signs on adjoining buildings
or storefronts shall be placed within the same horizontal band and
be of harmonious materials and colors.
(4)
No sign using red, green, blue, or amber illumination in a beam,
beacon, or flashing form resembling an emergency light shall be erected
in any location.
(5)
No sign which does not conform with these regulations shall
be rebuilt, enlarged, changed or moved.
(6)
No permitted sign shall extend or project above the highest
elevation of the wall to which it is attached.
(7)
No sign shall be placed in such a position that it will cause
danger to traffic on a street or which is entering a street by obscuring
the view of traffic on either street. In no case shall any sign, other
than an official sign or a functional sign, be erected within the
official right-of-way of any street, unless specifically authorized
by ordinance or regulations of the City of Camden. All signs other
than those permitted within the street right-of-way shall be erected
either with the bottom of the sign at least eight feet above the level
at which the driveway meets the street or set back from the property
line for a distance of not less than five feet or at least 20 feet
from the side of any street or driveway intersection.
(8)
No sign shall be erected containing information on it which
states or implies that a property may be used for any purpose not
permitted under the provisions of this article in the zoning district
in which the property to which the sign relates is located.
(9)
In order that no sign may be injurious to public interest or
endanger the interests of public safety or morals, all unlicensed
signs shall be removed upon receipt of a written notice of violation
served by the Zoning Officer/Administrative Officer or his representative
to the landowner or lessor or lessee of the sign. Such violation shall
be discontinued immediately upon receipt of written notice.
(10)
The Parking Authority of the City of Camden shall be permitted
to post advertising on the parking meters owned and operated by the
Parking Authority of the City of Camden. However, no advertisement
shall exceed the size of the face of any meter.
(11)
Signs deemed necessary for the public welfare by the City, including,
but not limited to, customary "no trespassing" and traffic or circulation
directional signs, are permitted in all zones. Such signs shall not
pertain to any company, individual or business establishment or organization,
fraternal or otherwise.
(12)
All signs shall be kept in good repair which shall include replacement
or repair of broken or malfunctioning structural elements, casings,
faces, or lighting elements and the maintenance of legibility. Upon
determining that a sign has become structurally unsafe or endangers
the safety of the building or the public, the Zoning Officer/Administrative
Officer shall order such sign be made safe or removed. Such order
shall be complied with within 10 days of the receipt thereof by the
owner of the building or premises on which such unsafe sign is affixed
or erected.
(13)
An annual inspection is to be made by the Zoning Officer/Administrative
Officer during the second calendar quarter for the purpose of enforcing
compliance with this section and assuring the structural soundness
and safety of all signs. A certificate will be issued by the Zoning
Officer/Administrative Officer if the sign inspected conforms with
this section and is structurally sound and safe. An annual inspection
fee shall be established by the City Council.
(14)
All signs must have a valid, current sign permit. Signs not
having a valid, current permit must be removed upon notification by
the Zoning Officer/Administrative Officer. If the sign is not removed
within 30 days of such notification, the Zoning Officer/Administrative
Officer shall file a complaint or summons in Municipal Court for up
to a $1,000 per-day fine and/or 30 days in jail.
(16)
No sign shall be illuminated between the hours of 10:00 p.m.
and 7:00 a.m. the following morning, unless the business or use so
advertised is open to the public later than 10:00 p.m., in which case
the establishment may keep its sign illuminated until the business
closes, but not after.
(17)
Applicants shall also comply with all applicable county, state
and federal sign regulations.
B.
All principal buildings in all districts shall be clearly identified
as to house number, street number or name by means of a small, unobstructed,
nonilluminated sign clearly visible and legible from an abutting street
or parking lot. Such signs shall not require a construction permit.
C.
The following signs are prohibited in all zones:
(1)
Abandoned signs.
(2)
A flashing, blinking, twinkling, animated, moving, rotating
or projected sign of any type, or a sign which presents an illusion
of movement. Static time and temperature displays and barber poles
are permitted.
(3)
Any sign so erected, constructed or maintained as to obstruct
any fire escape, window, door or opening used as a means of egress
or ingress; or interfere with any opening required for legal ventilation.
(4)
Signs painted or constructed on the exterior walls of buildings
and having the physical characteristics of billboards, whether or
not they relate to the business transacted on the premises.
(5)
Silhouetted or three-dimensional signs, i.e., signs lacking
a background and having letters, figures or devices silhouetted against
the sky or other open space not a part of the sign, and/or signs in
which objects or representational devices are present in the round
or other than in a vertical plane.
(6)
Any sign advertising property, goods, or services that are no
longer available.
(7)
Signs on accessory buildings or structures.
(8)
Signs painted on an exterior building wall, fascia, parapet,
chimney, or on a fence.
(9)
Signs attached to or painted on posts, utility poles, benches,
rocks, curbs, walks, lamps, hydrants, streetlights, bus shelters,
bridges, trees and/or other living vegetation. This does not apply
to "no trespassing," "no fishing" and/or warning signs such as "beware
of dog" or of an existing danger.
(10)
Any sign whose form, character, or shape may confuse or dangerously
distract the attention of the operator of a motor vehicle.
(11)
Signs which in any way simulate official, functional, directional
or warning signs erected or maintained by the State of New Jersey,
County or municipality thereof, any railroad, public utility or similar
agency concerned with the protection of public health or safety.
(12)
Any advertisement which uses a series of two or more signs or
units, placed in a line parallel to the highway or in similar fashion,
all carrying a single advertising message, part of which is contained
on each sign.
(13)
Signs in which the colors red and green are used either in direct
illumination or in high reflection by the use of special preparations
such as fluorescent paints or glass in such a manner as to resemble
traffic signs or signals.
(14)
Signs which flash, move, revolve, rotate, swing, flutter or
otherwise attract attention through the movement or flashing of parts,
including automatic electronically controlled copy changes, or through
the impression of movement or flashing.
(15)
Pennant signs, banners, posters, ribbons, streamers, strings
of light bulbs, spinner or other similarly moving devices, except
as a temporary sign.
(16)
Signs producing glare or using bare bulbs or tubing such as
fluorescent or neon.
(17)
Any sign visible from the public right-of-way using an arrow
or the word "stop."
(18)
Roof signs extending above or attached to the parapet or eaves
of a building, except facade or wall signs in shopping centers.
(19)
Portable and wheeled signs, except as temporary signs.
(20)
Signs placed on or affixed to vehicles and/or trailers which
are parked on a public right-of-way, public property, or private property
so as to be visible from a public right-of-way where the apparent
purpose is to advertise a product, or direct people to a business
or activity located on the same or nearby property. However, this
is in no way intended to prohibit signs placed on or affixed to vehicles
and trailers, such as lettering on motor vehicles, where the sign
is incidental to the primary use of the vehicle or trailer.
(21)
The replacement of any nonconforming sign.
(22)
Flags and pennants or any moving object used for advertising
purposes, whether containing a message or not. This provision shall
not be construed to include single flags or pennants attached directly
to permanent poles.
(23)
Any sign containing information which states or implies that
a property may be used for any purpose not permitted under the provisions
of the Land Development Ordinance in the zoning district in which
the property to which the sign relates is located.
(24)
Permanent marquees extending over the sidewalk.
(25)
Signs posted on City property except where specifically authorized
by the City.
(26)
Signs installed or painted on sidewalks or curbs.
(27)
Signs using mechanical or electrical devices or wind to revolve,
flash, or display movement or the illusion of movement or to spell
alternating messages.
(28)
Signs which constitute a hazard to the traveling public.
(29)
Signs which contain untruthful or misleading information.
(30)
Throwaways or handbills on porches, in cars, or distributed
in any manner as to permit their being blown and littering the streets.
(31)
Signs posted on fences, posts, utility poles, public benches,
streetlights, bus shelters, trees and/or other living vegetation.
(32)
Signs on abutments, retaining walls, embankments, standpipes,
water towers, or similar structures.
(33)
Signs which contain or are an imitation of an official traffic
signal or hide from view any traffic street signal or sign.
(34)
Signs which emit odors or smoke or produce noise or sounds capable
of being heard even though the sounds produced are not understandable.
(35)
Signs which utilize any revolving beacon lights.
(36)
Signs using any lighting or radio control mechanism which may
cause radio or television interference.
(37)
Signs or billboards which advertise, promote, indicate the location
of, or otherwise direct attention to a business, commodity, service,
or entertainment that is not available on the lot upon which the sign
is located, except as permitted in this section.
(38)
Illuminated signs where the source of light is directly visible
from adjoining properties or streets.
(39)
Changeable copy signs, unless the sign relates to a movie theater
or school.
(40)
All temporary signs, except as set forth herein.
D.
The following signs are hereby exempt from the provisions of this
article, except for such instances where any sign listed herein is
found to be unsafe or unlawful:
(1)
Signs affixed to vehicles and trailers where the sign is incidental
and accessory to the primary use of the vehicle or trailer.
(2)
Signs not exceeding four feet in aggregate gross surface area;
which provide direction or instruction to guide persons to facilities
intended to serve the public, providing that such signs contain no
advertising of any kind. Such signs include those identifying rest
rooms, public telephones, public walkways, acceptance of designated
credit cards, and other similar signs providing direction or instructions
to persons using a facility but not including those signs accessory
to parking areas.
(3)
Flags, emblems, and insignia of political, professional, religious,
educational, or corporate organizations providing that such flags,
emblems, and insignia are displayed for noncommercial purposes.
(4)
Governmental signs for control of traffic and other regulatory
purposes, street signs, warning signs, railroad crossing signs, and
signs of public service companies indicating danger and aids to service
or safety which are erected by, or at the order of a public officer
or employee in the performance of the officer's or employee's duties.
(5)
Signs or other materials temporarily displayed on traditionally
accepted civic, patriotic, or religious holidays.
(6)
Signs which are fully located within the interior of any building,
or within an enclosed lobby of any building, and signs located within
the inner or outer lobby court, or entrance of any building which
are intended solely for information relating to the interior operation
of the building in which they are located.
(7)
Memorial plaques or tablets, grave markers, statuary, or other
remembrances of persons or events that are noncommercial in nature.
(8)
"No trespassing," "no dumping," "no parking," towing, and other
similar signs.
(9)
Official notices posted by public officers or employees in the
performance of the officer's or employee's duties.
(10)
Signs required by governmental bodies or specifically authorized
for a public purpose by any law, statute, or ordinance. Such public
signs may be of any type, number, area, height, location, or illumination
as required by law, statute, or ordinance.
(11)
Signs placed on or affixed to vehicles and/or trailers where
the sign is incidental to the primary use of the vehicle or trailer.
However, this is not in any way intended to permit signs placed on
or affixed to vehicles and/or trailers which are parked on a public
right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise
a product or direct people to a business or activity located on the
same or nearby property.
(12)
Religious symbols, commemorative plaques of recognized historical
agencies, or identification emblems of religious orders or historical
agencies not exceeding two square feet in gross surface area of each
exposed face.
(13)
Permanent, nonflashing signs on vending machines, gasoline pumps,
or other similar machines indicating only the contents of such devices,
the pricing of the contents contained within, directional or instructional
information as to use, and other similar information not exceeding
four square feet in gross surface area for each exposed face.
(14)
Signs warning the public of the existence of danger but containing
no advertising material; to be removed by the owner within three days
upon subsistence of danger. Such warning signs may be of any type,
number, area, height, location, or illumination as deemed necessary
to warn the public of the existence of danger.
(15)
Signs indicating the private nature of a road, driveway, or
other premises; and signs controlling the use of private property,
such as prohibition of hunting or fishing.
E.
Temporary signs may be erected and maintained only in accordance
with the following provisions.
(1)
No person shall erect, construct, repair, alter, or relocate
any temporary sign, except temporary political, real estate, and other
so identified signs, without first obtaining a permit from the Zoning
Officer/Administrative Officer. The Zoning Officer/Administrative
Officer shall impose as a condition of the issuance of a permit for
temporary signs such requirements as to the material, manner of construction,
and method of erection of a sign as are reasonably necessary to assure
the health, safety, welfare, and convenience of the public. Temporary
signs may be illuminated and shall be limited to nonprojecting wall
signs, attached ground signs, portable and wheeled signs, or freestanding
signs as defined herein. Temporary signs shall not be permitted in
shopping centers.
(2)
Not more than one temporary freestanding construction sign shall
be permitted on any lot identifying the architects, engineers, builders,
brokers, bankers, contractors and others connected with the construction
of any building on a lot or buildings within a subdivision. Temporary
construction signs shall be located only on the premises upon which
the construction is either about to occur or is occurring. Such signs
shall be set back at least 10 feet, as measured from the base of the
sign. Such temporary construction signs shall not exceed 40 square
feet in area. Company logos are permitted in color, no larger than
nine inches in height.
F.
The following supplemental regulations and design considerations
shall apply to all permitted signs as set forth herein:
(1)
There shall be a consistent sign design theme throughout a particular
development project. The design theme shall include style of lettering,
construction, material, type of pole or standards, size, proportion,
lighting, and day/night impacts. Color of letters and background shall
be carefully considered in relation to the color of the material of
the building(s) or where the signs are proposed to be located. Signs
shall be a subordinate rather than predominant feature of any plan.
(2)
All signs shall be permanently fixed to the ground or attached
to a building or structure in a manner conforming to the construction
standards effective in the City and other applicable state and City
statutes and ordinances.
(3)
One temporary real estate sign may be erected or installed without
any permit announcing that the property on which it is located is
for sale, lease or rent. Temporary real estate signs shall be located
only upon the premises for sale, lease or rent. Signs as above described
placed in housing developments or acreage containing more than one
house lot shall be removed when all the properties have transferred
to individual renters or purchasers. Such signs shall not exceed an
area of four square feet on a tract of less than three acres or 24
square feet on a tract larger than three acres. If freestanding, such
signs shall be set back from the street line a distance in feet equal
to 1 1/2 times its area in square feet. The for-sale or lease
sign shall be removed within seven business days following the completion
of sales or lease transaction.
(4)
Temporary political signs shall be permitted in all zones for
a period of two months prior to a primary, general or special election
and for one week thereafter. On private property said signs shall
not exceed 12 square feet and no side or diameter of any sign shall
exceed six feet. In the public right-of-way each temporary political
sign shall not exceed an aggregate gross surface area of two square
feet. There shall be no more than one temporary political sign for
each lot. There shall be no limit on the permitted number of temporary
political signs to be located in the public right-of-way. On private
property, temporary political signs may be located in any required
yard. Subject to the determination of the Zoning Officer/Administrative
Officer in accordance with public safety requirements, temporary political
signs may be located in public rights-of-way, but not across, over,
or extending onto the paved portion of any public roadway. Temporary
political signs located in a public right-of-way shall not be located
closer than 300 feet apart. Temporary political signs located in a
public right-of-way shall be erected or installed in such a manner
so as not to interfere with or obstruct access, activity or vision
along any such public right-of-way. Further, such signs shall not
be attached to or placed on traffic signals, trees, and other similar
vegetation. Temporary political signs shall not project higher than
15 feet, as measured from base of sign or grade of the nearest adjacent
roadway, whichever is higher.
(5)
Temporary business signs shall be permitted to identify special,
unique, or limited activities, services, products or sales of a limited
duration. There shall not be more than two permits for temporary business
signs issued for the same premises within one calendar year. In residential
areas, temporary business signs shall not exceed four square feet
in gross surface area for each exposed face. In nonresidential areas,
temporary business signs shall not exceed 32 square feet in gross
surface area for each exposed face.
(a)
Temporary business signs shall be located only upon the lot
which the special, unique, or limited activity service product or
sale is to occur. Such signs may be located in any required yard,
but shall not extend over any lot line or within 15 feet of any point
of vehicular access from a lot to a public roadway. In residential
areas, temporary business signs shall not project higher than 15 feet,
as measured from base of sign or grade of the nearest adjacent roadway,
whichever is higher.
(b)
Temporary business signs shall be erected and maintained for
a period not to exceed 30 days, and shall be removed within three
days of the termination of the activity, service, product, or sale.
(6)
Temporary event signs shall be permitted to announce campaigns,
drives, activities, or events of a civic, philanthropic, educational
or religious organization for noncommercial purposes. The permitted
number, area, height, location, and construction of temporary event
signs shall be determined by the Zoning Officer/Administrative Officer
with consideration given to the public safety and the signage reasonably
necessary and appropriate for the intended purpose. Any temporary
event sign which is permitted by the Zoning Officer/Administrative
Officer to extend over or onto a public right-of-way shall be erected
and maintained in such a manner as to not interfere or obstruct access,
activity, or vision along any such public right-of-way. Temporary
event signs may be erected and maintained for a period not to exceed
30 days prior to the date of which the campaign, drive, activity,
or event advertised is scheduled to occur and shall be removed within
three days of the termination of such campaign, drive, activity, or
event. No more than two permits for temporary event signs shall be
issued for the same premises within one calendar year.
(7)
Signs shall be soundly constructed and lettered by a professional
sign company, not cause an obstruction or hazard, not impede viewing
of other existing signs or displays, and shall not interfere with
vehicular or pedestrian traffic.
(8)
The area of a sign shall be computed as the total square foot
content of the background upon which the lettering, illustration,
or display is presented, including any wall support or frame. If there
is no circumscribed background, the sign area shall be computed as
the product of the largest horizontal width and the largest vertical
height of the lettering, illustration, or display. This shall not
be construed to include the supporting members of any sign which are
used solely for such purpose. For signs with two display faces, the
maximum area requirement shall be permitted on each side.
(9)
Signs of mechanics and artisans are permitted, but such signs
shall be erected only on the premises where such persons are working,
and only during the period of time that such persons are performing
work on the premises; the area on one side of any such sign shall
not exceed six square feet.
(10)
Wall signs shall not cover wholly or partially any wall opening
including doors, fire escapes, and windows, nor project beyond the
ends of the wall to which they are attached. All such signs must be
safely and adequately attached to said building wall by means satisfactory
to the Zoning Officer/Administrative Officer.
(11)
There shall be a minimum distance of 15 feet between any side
property line and the nearest portion of any freestanding sign erected
under the provisions of this article, and there shall be a minimum
distance of 60 feet between the nearest portions of a freestanding
sign and another freestanding sign. A property with a frontage of
less than 50 feet shall be permitted a freestanding sign.
(12)
Nonconforming signs which are structurally altered, relocated,
or replaced shall comply with all provisions of this article.
(13)
In the event that the use of an existing nonconforming sign
changes, or an existing nonconforming sign is destroyed totally, an
application for a sign permit must be submitted in accordance with
the provisions of this section for the changes use or replacement
sign.
(14)
The area, brilliance, character, color, degree, density, intensity,
location and type of illumination of any sign shall be the minimum
necessary to provide for the readability of the proposed sign by the
public without shedding further illumination on nearby buildings.
For internally lit signs, the average illumination shall not exceed
1/2 footcandle. For externally lit signs, the average illumination
on the surface of such signs shall not exceed one footcandle. All
sources of illumination shall be shielded or directed in such a manner
that the direct rays therefrom are not cast upon any property other
than the lot on which such illumination is situated. Illumination
shall be steady in nature, not flashing, moving, or changing in brilliance,
color or intensity.
(15)
OSHA-approved safety colors shall be prohibited colors for use
as colors of signs or sign illumination.
(16)
No signs except directional or traffic signals shall be permitted
on public streets or rights-of-way.
(17)
Within any nonresidential Zoning District, signs shall be attached
and parallel to the face of the building and shall not extend further
than 12 inches from the face of the building; provided, however, that
where a sign extends more than three inches from the face of said
building, no portion of said sign shall be closer than 10 feet to
the ground level below said sign and further provided that where a
building has permanent canopy of marquee constructed as an integral
part of said building, a sign as permitted in this section may be
placed on the front of the marquee provided that no part of said sign
extends below or beyond the front edge of the canopy or marquee. For
the purpose of administering this section, the permitted area of the
sign on the canopy or marquee shall be determined by the area of the
wall from which said canopy or marquee extends.
G.
Notwithstanding any other provisions of this section, service stations,
where permitted, may display only the following signs which are deemed
customary and necessary to their respective business:
(1)
One freestanding sign advertising the name of the station and/or
the principal products sold on the premises, including any special
company or brand name, insignia or emblem, provided that each such
sign shall not exceed 30 square feet in area on each side and shall
be placed not less than 10 feet within the property line and no portion
of said sign other than supporting members shall more than 16 feet
above the ground.
(2)
No permit for a freestanding sign of shall be issued unless
two sets of detailed plans of the sign, structure, and foundation
have been submitted and approved. Such plans shall show the wind resistance
calculations and shall bear the signature and seal of an architect
or professional engineer registered in the State of New Jersey.
(3)
Directional signs or lettering displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty," or other words closely similar in import
provided that there shall be not more than one such sign over each
entrance or bay, the letters thereof shall not exceed 12 inches in
height and the total area of each such sign shall not exceed three
square feet.
(4)
Customary lettering on or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of gasoline
sold, lead warning sign, a price indicator, and any other sign required
by law and not exceeding a total of two square feet on each pump.
H.
All signs planned for installation on Camden's historic buildings
(as identified in the Camden Historic Survey) must meet the size and
placement specifications of this article. In addition, the Historic
Preservation Commission has the authority to further modify the sign
requirements as specified in the following guidelines:
(1)
The sign should express an easy-to-read, direct and simple message
made in a professional manner. Homemade signs should be avoided, but,
when necessary, they shall display consistent lettering of a recognized
letter style. Homemade signs shall not display rustic, primitive or
historically inaccurate letter styles.
(2)
A storefront should not have more than two signs: one primary,
and one secondary.
(3)
Primary and secondary signs shall not hide or obliterate important
architectural details such as cornices, windows or lintels, nor shall
the signs harm existing architectural details during installation
or removal as follows:
(a)
Lettering shall not cover more than 75% of the surface area
of the sign and generally should be eight to 18 inches high.
(b)
The lettering and sign shall be compatible with the architecture
of the building.
(c)
Sign colors shall harmonize with the exterior tones of the building,
i.e., muted colors for background with light or dark characters.
(d)
Well-spaced small letters are recommended over large cramped
letters.
(e)
Standard national franchise signs which are not compatible with
the building shall be avoided. The use of a national franchise symbol
or logo on the sign could be acceptable, given that it meets the stated
parameters.
(4)
Window signs and awnings.
(a)
Window signs shall not obscure the display area. The color of
the letters shall contrast with the display background. Light-colored
or gold-leafed letters with dark borders are effective.
(b)
Awnings can also serve as signs with contrasting letters painted
or sewn onto the valance. Usually six- to eight-inch letters are sufficient.
(5)
Painted signs can be directly illuminated with shielded fluorescent
tubes or incandescent lights. Light shall be constant and of low intensity.
The lighting system shall continue to keep the sign an integral part
of the facade of the building. Neon lighting will be reviewed individually,
given that it meets the stated parameters. Stark lighting contrasts,
fluorescent colors and flashing elements shall be avoided.
I.
Window lettering and signs shall be permitted only in nonresidential
zones. For the purpose of enforcing this chapter, window lettering
and signs shall be subject to the following restrictions:
(1)
All window lettering and signs shall be inside the window, and
considered interior signs as defined in this chapter.
(2)
Permanent window lettering or signs shall be permitted only
if the rectangle or circle confining such lettering or sign, or the
background upon which it appears, does not exceed 10% of the window
area. Any painted area of any window shall be construed as window
lettering or signs, whether or not such area actually contains lettering
or advertising.
(3)
The window lettering or sign shall pertain only to the establishment
occupying that portion of the premises where the window is located.
(4)
Temporary window lettering or signs, advertising special sales
or events shall be removed within seven days following the advertised
event or within 30 days after erection, whichever is earlier. Such
temporary window lettering or signs, in conjunction with any permanent
window lettering or sign, shall not cover, in the aggregate, more
than 25% of the window area. The owner shall notify the Zoning Officer/Administrative
Officer of the date of installation of any temporary window lettering
or signs; such notification shall also include the text.
(6)
All window lettering and signs shall be kept in good repair.
(7)
The Zoning Officer/Administrative Officer shall have the authority
to order the removal of any window lettering or sign which does not
conform to these specifications. Any owner or tenant not complying
within 72 hours of such an order shall be in violation of the provisions
of this chapter and subject to penalties set forth therein.
J.
All signs shall be properly maintained. Exposed surfaces shall be
clean and painted, if paint is required. Defective parts shall be
replaced. The Zoning Officer/Administrative Officer shall have the
right to order the repair or removal of any sign which is defective,
damaged, or substantially deteriorated.
K.
Design standards.
(1)
Signs shall strengthen the architectural diversity of the municipality's
buildings. Signs which obscure or ignore a building's architecture
should be avoided. Signs shall be integrated with a building's architecture
in terms of form, materials, color, and size.
(2)
Signs shall be appropriate for the era in which the building
was constructed.
(3)
Signs shall not alter the way in which a building functions.
(4)
Designers shall strive for creativity in the form and variety
of signage within the size limitations set forth herein.
(5)
Designers are strongly encouraged to include symbols, images,
and other graphic objects to convey the type of establishment using
the sign.
(6)
The typeface used to represent words should convey the character
of the establishment and the era of the building.
(7)
The contrast of a sign's lettering and symbols with its background
should be disparate to convey legibility.
(8)
Outside of an historic district, back-lighted individual letter
channel signs to convey text, mounted on masonry, are preferred.
(9)
The background of internally illuminated signs should not be
lighted but only the individual letters, logos, or symbols that convey
the sign's message.
L.
Illumination.
(1)
In addition to complying with the provisions of this chapter,
all signs in which electrical wiring and connections are to be used
shall be subject to the applicable provisions of the Land Development
Ordinance.
(2)
The use of unshielded lighting, including incandescent light
bulbs hung or strung on poles, wires, or any other type of support,
to illuminate buildings, structures, outdoor sales areas, or outdoor
storage areas is prohibited except:
(3)
A building or other structure may be illuminated, but all lighting
used for this purpose must be designed, located, shielded, and directed
in such a manner that the light source is fixed and not directly visible
from any adjacent publicly dedicated roadway and surrounding property.
(4)
All signs shall be so designed, located, shielded and directed
so as to prevent the casting of glare or direct light from artificial
illumination upon adjacent public or private roadways and surrounding
property.
(5)
Signs shall be free of bright spots and there shall be no exposed
raceways or electrical conduits.
M.
Nonconforming signs.
(1)
It is the intent of this article that, as expeditiously as legally
possible, all existing signs not conforming to the provisions of this
article shall be eliminated or brought into conformity with this article.
(2)
In the event that an existing nonconforming sign is altered
or proposed to be altered, the sign must either be brought into conformity
with this article or removed immediately. An alteration will include:
(3)
All owners of nonconforming signs will be notified that their
signs are nonconforming and of the terms of this article.
(4)
Signs which have not received proper sign permits, as approved
by the Planning Board, shall not be considered nonconforming signs
and shall be promptly removed.
N.
The following types of signs and no others shall be permitted in
the R-1 thru R-3 Residential zoning districts:
(1)
Official highway route number signs, street name signs, direction
signs and other official traffic signs.
(2)
Any sign erected by the City, county, state or federal government.
(3)
Signs used for the protection of the public during construction
or repairs.
(4)
Non-illuminated nameplate signs containing the name or address
of the occupant or of the permitted occupation, with a maximum size
of two square feet. There shall be a maximum of one to a lot.
(5)
"For sale" or "for rent" signs with a maximum size of 12 square
feet. There shall be a maximum of one to a lot. The sign shall be
removed within seven days after the consummation of a lease or sales
transaction.
(6)
Accessory business signs for permitted nonconforming uses, consisting
of a sign which directs attention to a profession, business, commodity,
service or entertainment conducted, sold or offered upon the same
lot. Such signs shall have a maximum size of 12 square feet. There
shall be a maximum of one to a lot.
(7)
Signs offering the sale of lots in a subdivision containing
four or more lots or sale or rental of multiple-dwelling units containing
not less than 10 units. There shall be a maximum of two signs to a
development. All such signs may have a maximum area of 24 square feet.
(8)
Signs designating entrance to or exit from a parking area with
a maximum size of three square feet. There shall be a maximum of one
for each entrance and exit.
(9)
Identification signs for places of worship, hospitals, schools,
playgrounds, parks and public utility installations, each of which
shall be permitted one sign not to exceed 24 square feet in area.
In addition, a changeable copy sign not exceeding 12 square feet in
area and six feet in height shall also be permitted.
O.
The following types of signs and not others shall be permitted in
the C-1 through C-4 Commercial zoning districts:
(1)
Official highway route number signs, street name signs, direction
signs and other official traffic signs.
(2)
Any sign erected by the City, county, state or federal government.
(3)
Signs used for the protection of the public during construction
or repairs.
(4)
Nonilluminated nameplate signs containing the name or address
of the occupant or of the permitted occupation, with a maximum size
of two square feet. There shall be a maximum of one to a lot.
(5)
"For sale" or "for rent" signs with a maximum size of 12 square
feet. There shall be a maximum of one to a lot. The sign shall be
removed within seven days after the consummation of a lease or sales
transaction.
(6)
Accessory business signs for permitted nonconforming uses, consisting
of a sign which directs attention to a profession, business, commodity,
service or entertainment conducted, sold or offered upon the same
lot. Such signs shall have a maximum size of 12 square feet. There
shall be a maximum of one to a lot.
(7)
Signs offering the sale of lots in a subdivision containing
four or more lots or sale or rental of multiple-dwelling units containing
not less than 10 units. There shall be a maximum of two signs to a
development. All such signs may have a maximum area of 24 square feet.
(8)
Signs designating entrance to or exit from a parking area with
a maximum size of three square feet. There shall be a maximum of one
for each entrance and exit.
(9)
Identification signs for schools, playgrounds, parks and public
utility installations, each of which shall be permitted one sign not
to exceed 24 square feet in area. In addition, a changeable copy sign
not exceeding 12 square feet in area and six feet in height shall
also be permitted.
(10)
Signs required by law to be exhibited by the occupants of the
premises.
(11)
No sign shall be placed, inscribed or supported upon the roof
or upon the structure in such a fashion as will cause the sign to
extend above the roof of any building.
(12)
Wall signs.
(a)
There shall be not more than one wall sign for each principal
building except that, where the building abuts two or more streets,
one additional sign shall be permitted.
(b)
The gross surface area of a wall sign shall not exceed 5% of
the area of the building wall, including doors and windows, to which
the sign is to be affixed or 24 square feet, whichever is smaller.
In all cases wall signs shall be of a design and proportion that is
consistent with building dimensions and architectural character.
(c)
If illuminated, such illumination shall be achieved through
shielded illumination, shielded silhouette lighting, or shielded spot
lighting, but not any lighting where the light source is visible or
exposed on the face or sides of the characters.
(d)
All wall signs shall utilize lettering and background uniform
in style and coloring.
(e)
A wall sign may be located on the outermost wall of any principal
building, but shall not project more than 18 inches from the wall
to which the sign is to be affixed. The location and arrangement of
all wall signs shall be subject to the review and approval of the
Planning Board.
(f)
A wall sign shall not project higher than the parapet line of
the wall to which the sign is to be affixed or 20 feet, as measured
from the base of the building wall to which the sign is to be affixed,
whichever is lower.
(13)
Freestanding signs.
(a)
There shall not be more than one freestanding sign for each
principal building.
(b)
The gross surface area of a ground sign shall not exceed 100
square feet.
(c)
A freestanding sign may be located in any required yard, but
shall not extend over any lot line or within 15 feet of any point
of vehicular access from a lot to a roadway.
(d)
A freestanding sign shall not project higher than 16 feet as
measured from base of sign or grade of the nearest adjacent roadway,
whichever is lower.
(e)
The area surrounding the base of said sign shall be appropriately
landscaped and kept neat and clean at all times.
(14)
Awning, canopy, and marquee signs.
(a)
The style of the sign shall be compatible with the architectural
character of the building.
(b)
There shall not be more than one awning, canopy, or marquee
sign exceeding an aggregate gross surface area of 12 square feet for
each principal building.
(c)
The gross surface area of an awning, canopy, or marquee sign
shall not exceed 50% of the gross surface area of the smallest face
of the awning, canopy, or marquee to which such sign is to be affixed.
(d)
A sign may be affixed to or located upon any awning, canopy,
or marquee. The location and arrangement of all such signs shall be
subject to the review and approval of the Zoning Officer/Administrative
Officer.
(e)
An awning, canopy, or marquee sign shall not project higher
than the top of the awning, canopy, or marquee to which such sign
is to be affixed.
(15)
Attraction boards.
(a)
Commercial attraction boards shall be ground signs.
(b)
Each principal building may erect a single attraction board
identifying special, unique, or limited activities, services or products,
or sales of limited duration occurring within the shopping center
in which the attraction board is to be located.
(c)
The gross surface area on an attraction board shall not exceed
50 square feet in gross surface area.
(d)
An attraction board may be located in any required yard but
shall not extend over any lot line or within 15 feet of any point
of vehicular access from any zoning lot to a public roadway.
(e)
An attraction board shall not project higher than 15 feet as
measured from base of sign or grade of the nearest adjacent roadway,
whichever is higher.
P.
The following types of signs and no others shall be permitted in
the GI, LI, PRI, and OLI zoning districts:
(1)
Official highway route number signs, street name signs, direction
signs and other official traffic signs.
(2)
Any sign erected by the City, county, state or federal government.
(3)
Signs used for the protection of the public during construction
or repairs.
(4)
Nonilluminated nameplate signs containing the name or address
of the occupant or of the permitted occupation, with a maximum size
of two square feet. There shall be a maximum of one to a lot.
(5)
"For sale" or "for rent" signs with a maximum size of 12 square
feet. There shall be a maximum of one to a lot. The sign shall be
removed within seven days after the consummation of a lease or sales
transaction.
(6)
Accessory business signs for permitted nonconforming uses, consisting
of a sign which directs attention to a profession, business, commodity,
service or entertainment conducted, sold or offered upon the same
lot. Such signs shall have a maximum size of 12 square feet. There
shall be a maximum of one to a lot.
(7)
Signs designating entrance to or exit from a parking area with
a maximum size of three square feet. There shall be a maximum of one
for each entrance and exit.
(8)
Identification signs for schools, playgrounds, parks and public
utility installations, each of which shall be permitted one sign not
to exceed 24 square feet in area. In addition, a changeable copy sign
not exceeding 12 square feet in area and six feet in height shall
also be permitted.
(9)
Signs required by law to be exhibited by the occupants of the
premises.
(10)
No sign shall be placed, inscribed or supported upon the roof
or upon the structure in such a fashion as will cause the sign to
extend above the roof of any building.
(11)
Wall signs.
(a)
There shall not be more than one wall sign for each principal
building except that, where the building abuts two or more streets,
one additional sign shall be permitted.
(b)
The gross surface area of a wall sign shall not exceed 3% of
the area of the building wall, including doors and windows, to which
the sign is to be affixed or 100 square feet, whichever is smaller.
In all cases wall signs shall be of a design and proportion that is
consistent with building dimensions and architectural character.
(c)
If illuminated, such illumination shall be achieved through
shielded illumination, shielded silhouette lighting, or shielded spot
lighting, but not any lighting where the light source is visible or
exposed on the face or sides of the characters.
(d)
All wall signs shall utilize lettering and background uniform
in style and coloring.
(e)
A wall sign may be located on the outermost wall of any principal
building, but shall not project more than 18 inches from the wall
to which the sign is to be affixed. The location and arrangement of
all wall signs shall be subject to the review and approval of the
Planning Board.
(f)
A wall sign shall not project higher than the parapet line of
the wall to which the sign is to be affixed or 20 feet, as measured
from the base of the building wall to which the sign is to be affixed,
whichever is lower.
(12)
Freestanding signs.
(a)
There shall not be more than one freestanding sign for each
principal building.
(b)
The gross area of a freestanding sign shall not exceed 100 square
feet.
(c)
A freestanding sign may be located in any required yard, but
shall not extend over any lot line or within 15 feet of any point
of vehicular access from a zoning lot to a roadway.
(d)
A freestanding sign shall not project higher than 20 feet as
measured from base of sign.
(e)
The area surrounding the base of a ground-mounted sign shall
be appropriately landscaped and kept neat and clean at all times.
Q.
The following types of signs and no others shall be permitted in
the TOD, MW, MS and CC zoning districts:
(1)
Official highway route number signs, street name signs, direction
signs and other official traffic signs.
(2)
Any sign erected by the City, county, state or federal government.
(3)
Signs used for the protection of the public during construction
or repairs.
(4)
Nonilluminated nameplate signs containing the name or address
of the occupant or of the permitted occupation, with a maximum size
of two square feet. There shall be a maximum of one to a lot.
(5)
"For sale" or "for rent" signs with a maximum size of 12 square
feet. There shall be a maximum of one to a lot. The sign shall be
removed within seven days after the consummation of a lease or sales
transaction.
(6)
Accessory business signs for permitted nonconforming uses, consisting
of a sign which directs attention to a profession, business, commodity,
service or entertainment conducted, sold or offered upon the same
lot. Such signs shall have a maximum size of 12 square feet. There
shall be a maximum of one to a lot.
(7)
Signs offering the sale of lots in a subdivision containing
four or more lots or sale or rental of multiple-dwelling units containing
not less than 10 units. There shall be a maximum of two signs to a
development. All such signs may have a maximum area of 24 square feet.
(8)
Signs designating entrance to or exit from a parking area with
a maximum size of three square feet. There shall be a maximum of one
for each entrance and exit.
(9)
Identification signs for schools, playgrounds, parks and public
utility installations, each of which shall be permitted one sign not
to exceed 24 square feet in area. In addition, a changeable copy sign
not exceeding 12 square feet in area and six feet in height shall
also be permitted.
(10)
Signs required by law to be exhibited by the occupants of the
premises.
(11)
No sign shall be placed, inscribed or supported upon the roof
or upon the structure in such a fashion as will cause the sign to
extend above the roof of any building.
(12)
Wall signs.
(a)
Wall signs shall be permitted only on buildings that have no
central lobby. Such signs shall identify the individual entrance for
a user and shall be compatible in size, placement, color, material
and design with the building architecture.
(b)
Company logos shall be permitted.
(c)
Maximum letter height shall be six feet, but in some cases shall
be reduced to maintain consistency with building design.
(13)
Freestanding signs.
(a)
Multiple signs are allowed on a single property where such signage
is used to designate multiple businesses or users.
(b)
The gross surface area of a freestanding identification sign
shall be permitted to vary although its width shall not exceed 18
feet.
(c)
A freestanding sign may be located in any required yard, but
shall not extend over any lot line or within any vehicular sight triangle
or any point of vehicular access from a lot to a roadway.
(d)
A freestanding identification sign shall not project higher
than five feet as measured from base of sign.
(e)
The area surrounding the base of said sign shall be appropriately
landscaped and kept neat and clean at all times.
(f)
If illuminated, such illumination shall be achieved through
shielded illumination, shielded silhouette lighting, or shielded spot
lighting, but not any lighting where the light source is visible or
exposed on the face or sides of the characters. Kiosk signage shall
not exceed 18 feet.
(g)
The design, format, and materials of identification signs shall
be consistent with the site architecture.
(14)
Informational and directory signs.
(a)
The gross surface area of an informational sign shall be permitted
to vary, although its width shall not exceed five feet.
(b)
An informational sign shall not project higher than eight feet
as measured from the base of the sign.
(c)
All informational signs shall utilize lettering and backgrounds
uniform in style and coloring.
(d)
The design, format, and materials of informational signs shall
be consistent with the site architecture.
R.
Signs for planned developments, shopping centers or industrial parks.
Shopping centers, industrial parks, planned developments, multitenant
structures or multistructure uses shall be governed by the following
regulations:
(1)
Each such development shall submit a signing plan to the Planning
Board for approval. Such signing plan shall include details on:
(2)
The signing plan shall be based on an integrated design theme to include all of the elements of Subsection R(1)(a) through (h) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architectural and materials of principal structures and the landscaping plan. The Planning Board shall determine if a proposed signing plan meets the goals and objectives of this subsection.
(3)
The total area of all signs affixed to a structure shall not
exceed 5% of the building facade of the structure. The Planning Board
may permit total sign area up to 7% of the building facade if, in
the Planning Board's judgment, such additional area shall assist in
developing a harmonious and integrated sign plan in accordance with
the goals and objectives of this subsection.
(4)
Only one freestanding sign shall be permitted on any single
property, regardless of the number of establishments on the property,
except that the Planning Board may authorize an additional freestanding
sign if the property has access from more than one public street.
S.
Construction specifications.
(1)
In addition to complying with the provisions of this section,
all signs shall be constructed in accordance with the applicable provisions
of the Uniform Construction Code.
(3)
No sign shall be suspended by nonrigid attachments that will
allow the sign to swing in the wind.
(4)
All freestanding signs shall have self-supporting structures
erected on or permanently attached to concrete foundations.
(5)
All portable signs on display shall be braced or secured to
prevent motion.
T.
Auxiliary specifications.
(1)
No sign shall be erected, constructed, or maintained so as to
obstruct any fire escape, required exit, window, door opening, or
wall opening intended as a means of ingress or egress.
(2)
No sign shall be erected, constructed, or maintained so as to
interfere with any opening required for ventilation.
(3)
All signs shall be located in such a way that they maintain
horizontal and vertical clearance of all electrical power lines and
communication lines in accordance with the applicable provisions of
the Uniform Construction Code.
(4)
All signs and their supporting structures shall maintain clearance
and noninterference with all surface and underground facilities and
conduits for water, sewage, gas, electricity, or communications equipment
or lines. In addition, the placement of all signs and their supporting
structures shall not interfere with natural or artificial drainage
or surface or underground water.
(5)
No sign shall be erected, constructed, or maintained so as to
interfere with any existing warning or instructional sign.
U.
Review of existing permanent signs.
(1)
The Zoning Officer/Administrative Officer shall, at a minimum,
conduct an annual inspection of all permanent signs being displayed
in the City on and after the effective date of this section (which
signs are hereinafter called "existing permanent signs") for the purpose
of identifying those existing permanent signs which are not in compliance
with this section.
(2)
Any person may file a written request with the Zoning Officer/Administrative
Officer requesting an inspection of one or more existing permanent
signs as identified in the request. In each such instance the Zoning
Officer/Administrative Officer shall promptly inspect such sign(s)
to determine compliance with the provisions of this section. However,
no existing permanent sign need be inspected more than two times annually.
The Zoning Officer/Administrative Officer shall make a written report
indicating the findings of the inspections to both the owner of the
inspected sign and to the person filing the request for inspection.
(3)
The Zoning Officer/Administrative Officer shall notify in writing
each owner of an existing permanent sign found to be in violation
of any provision of this section pursuant to inspections made. The
notice shall specifically refer to each section of this section under
which a violation has been found to exist and thereupon describe the
features of the inspected sign found to be deficient.
(4)
Each existing permanent sign which is the subject of a notice
of violation shall thereupon be classified as a nonconforming sign
unless the sign is deemed unsafe or insecure as determined by the
Zoning Officer/Administrative Officer, in which case such sign shall
be subject to repair or removal.
(5)
The owner of an existing permanent sign which has been the subject
of a notice of violation may appeal this notice by filing an appeal
of this chapter not later than 30 days after receipt of such notice
of violation.
V.
Nonconforming signs.
(1)
Any sign lawfully existing or under construction on the effective
date of this section which does not conform to one or more of the
provisions of this section may be continued in operation and maintained
indefinitely as a legal nonconforming sign.
(2)
Normal maintenance of legal nonconforming signs, including changing
of copy, necessary nonstructural repairs, and incidental alterations
which do not extend or intensify the nonconforming features of the
sign, shall be permitted. However, no structural alteration, enlargement,
or extension shall be made to a legal nonconforming sign unless the
alteration, enlargement or extension will result in the elimination
of the nonconforming features of the sign. If a legal nonconforming
sign is damaged or destroyed by any means to the extent of 50% or
more of its replacement value at that time, the sign may not be rebuilt
or used thereafter unless it conforms to all of the provisions of
this section. In the event the damage or destruction of the nonconforming
sign is less than 50% of its replacement value at that time, the sign
may be rebuilt to its original condition and may continue to be displayed.
W.
Removal of certain signs.
(1)
If the Zoning Officer/Administrative Officer shall find that
any nonconforming sign, except for those legal nonconforming signs
as specified, is displayed, the Zoning Officer/Administrative Officer
shall give written notice to the owners, agent, or person having the
beneficial interest in the building or the premises on which such
sign is located. Removal of the sign shall be effected within 10 business
days after receipt of the notice from the Zoning Officer/Administrative
Officer. If such sign is not removed after the conclusion of such
ten-day period, the Zoning Officer/Administrative Officer is hereby
authorized to cause the sign to be removed forthwith at the expense
of the owner, agent, or person having beneficial interest in the building
or premises on which such sign is located.
(2)
Any sign, whether existing on or erected after the effective
date of this section, which advertises a business no longer being
conducted or a product no longer being offered for sale in or from
the premises on which the sign is located shall be removed within
90 days upon the cessation of such business or sale of such product
by the owner, agent, or person having the beneficial interest in the
building or premises on which such sign is located. If the Zoning
Officer/Administrative Officer shall find that any such sign advertising
a business no longer being conducted or a product no longer being
offered for sale in or from the premises in which the sign is located
has not been removed within 90 days upon the cessation of such business
or sale of such product, the Zoning Officer/Administrative Officer
shall give written notice to the owner, agent, or person having the
beneficial interest in the building or premises on which such sign
is located. Removal of the sign shall be effected within 10 business
days after receipt of the notice from the Zoning Officer/Administrative
Officer. If such sign is not removed after the conclusion of such
ten-day period, the Zoning Officer/Administrative Officer is hereby
authorized to cause the sign to be removed forthwith at the expense
of the owner, agent, or person having the beneficial interest in the
building or premises on which such sign is located.
(3)
If the Zoning Officer/Administrative Officer shall find that
any sign is unsafe or insecure, or is a menace to the public, the
Zoning Officer/Administrative Officer shall give written notice to
the owner, agent, or person having beneficial interest in the building
or premises on which such sign is located. Correction of the condition
which caused the Zoning Officer/Administrative Officer to give such
notice shall be effected within 10 business days after receipt of
the notice. If such condition is not corrected after the conclusion
of such ten-day period, the Zoning Officer/Administrative Officer
is hereby authorized to cause the sign to be removed forthwith at
the expense of the owner, agent, or person having beneficial interest
in the building or premises on which such sign is located. Notwithstanding
the foregoing provision, the Zoning Officer/Administrative Officer
is authorized to cause any sign to be removed summarily and without
notice, at the expense of the owner, agent, or person having beneficial
interest in the building or premises on which such sign is located,
whenever the Zoning Officer/Administrative Officer determines that
such sign is an immediate peril to persons or property.
X.
The Zoning Officer/Administrative Officer is hereby designated as
the enforcement officer for this section. In furtherance of his/her
authority the Zoning Officer/Administrative Officer shall have the
following duties and powers:
(1)
Review all applications for sign permits, issuing permits for
those signs found to be in compliance with the provisions of this
section.
(2)
Conduct an annual or more frequent inspection of all permanent
signs displayed in the City to ensure compliance with the provisions
of this section.
(3)
Issue notices of violation to owner, agent, or person having
beneficial interest in the building or premises on which such sign
is located which is found to be in noncompliance with one or more
of the provisions of this section.
(4)
After due notice, cause the removal of certain signs which are
found to be in noncompliance with one or more of the provisions of
this section.
(5)
Render, when called to do so, administrative interpretations
regarding the provisions of this section and their effect on the display
of any sign located or to be located in the City.
(6)
Maintain all records necessary to the appropriate administration
and enforcement of this section, including applications for variations
and appeals.
(7)
Provide and maintain a source of public information relative
to all matters arising out of this section.
Y.
All signs shall be properly maintained. Exposed surfaces shall be
clean and painted, if paint is required. Defective parts shall be
replaced. The Zoning Officer/Administrative Officer shall have the
right to order the repair or removal of any sign which is defective,
damaged, or substantially deteriorated.
Z.
Illumination.
(1)
In addition to complying with the provisions of this chapter,
all signs in which electrical wiring and connections are to be used
shall be subject to the Uniform Construction Code.
(2)
The use of unshielded lighting, including incandescent light
bulbs hung or strung on poles, wires, or any other type of support,
to illuminate buildings, structures, outdoor sales areas, or outdoor
storage areas is prohibited except:
(3)
A building or other structure may be illuminated, but all lighting
used for this purpose must be designed, located, shielded, and directed
in such a manner that the light source is fixed and not directly visible
from any adjacent publicly dedicated roadway and surrounding property.
(4)
In no instance shall the lighting intensity of any sign, whether
resulting from internal illumination or external illumination, exceed
20 footcandles when measured with a standard light meter perpendicular
to the face of the sign from a distance measured one foot from the
face of the sign.
(5)
All signs shall be so designed, located, shielded and directed
so as to prevent the casting of glare or direct light from artificial
illumination upon adjacent public or private roadways and surrounding
property.
(6)
Signs shall be free of bright spots and there shall be no exposed
raceways or electrical conduits.
AA.
Any person installing, altering, or relocating a sign for which a
permit has been issued shall notify the Zoning Officer/Administrative
Officer upon completion of the work. The Zoning Officer/Administrative
Officer may require a final inspection, including an electrical inspection
and inspection of footings on freestanding signs. The Zoning Officer/Administrative
Officer may require in writing upon issuance of a permit that he be
notified for inspection prior to the installation of certain signs.
The Planning Board may require the installation of street furniture
in association with a site plan or subdivision application as follows:
A.
A plan shall provide for those elements of street furniture appropriate
to the particular use. These elements shall be functional elements
of the built environment and include benches, planting boxes, plazas,
public art, directional signs, bollards (posts), fences and walls,
water features, atriums, public drinking fountains, trash receptacles,
bike racks, sculpture. The street furniture plan shall include location,
size, lighting and design relationship.
B.
Certain street furniture is functional in nature and shall be located
at points of demand.
C.
Trash receptacles shall be located near recreational activities,
at street corners, at entrances and exits to buildings and where people
naturally congregate, such as under streetlights. Open-weave receptacles
shall not be permitted.
A.
Nonresidential solid waste management and recycling.
(1)
All nonresidential development shall provide for the collection,
storage and disposition of solid waste and recyclables.
(2)
Outdoor solid waste enclosures shall meet the following minimum
construction and design standards:
(a)
All outdoor enclosures shall be no more than six feet in height,
be of masonry construction and have an exterior appearance that is
compatible with that of the principal structure on the lot on which
the enclosure is situated.
(b)
The enclosure shall be oriented so that the opening does not
face the front of the property.
(c)
A side entry feature to the enclosure shall be provided.
(d)
Gates to the enclosure shall be constructed of solid welded
steel panels.
(e)
The enclosure shall be screened from view of streets or adjacent
properties and be large enough to accommodate both solid waste and
recyclables.
(f)
A year-round buffer shall be provided through the provision
of evergreen trees and shrubs.
(g)
Enclosures are to be situated on a concrete pad consisting of
either Class A or Class 12 concrete having a minimum thickness of
six inches. This pad should extend outward two feet from the enclosure
to allow for easier rolling on and off of containers.
B.
Any multifamily housing development that requires subdivision or
site plan approval shall include an indoor or outdoor recycling area
for the collection and storage of residentially generated recyclable
materials. The size and dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number and which are consistent with anticipated
usage as well as current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the municipal
recycling coordinator and shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the City Master Plan
adopted pursuant to Section 26 of P.L. 1987, c. 102.
C.
The recycling area shall be conveniently located for the residential
disposition of source-separated recyclable materials.
D.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area and the bins or containers placed therein
against theft of recyclable materials, bins or containers.
E.
The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard and which are located in an outdoor recycling area
shall be equipped with a lid, or otherwise covered, so as to keep
the paper or cardboard dry.
F.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed inside each.
G.
A year-round buffer consisting of evergreen trees and shrubs shall
be provided around outdoor recycling areas.
A.
Utility easements. In any major subdivision or where unusual circumstances
warrant, as determined by the Planning Board, easements may be required
for utility installations. Such easements shall be at least 30 feet
wide and located after consultation with the utility companies and
City agencies concerned. Where water and/or sewer utilities proposed
for dedication are approved and installed outside the right-of-way,
an easement (30 feet wide minimum) shall be provided to the City.
B.
Drainage and conservation easement.
(1)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream as shown on the United States Geological Survey
(USGS) Quadrangle Maps or includes an open water body, a stream corridor
conservation easement shall be provided on each side of the stream
or around the open water body, where there is no defined stream bank,
from the water's edge. Such easements shall be deeded to the City
prior to final subdivision approval and shall carry the following
limitations:
(a)
No trees or shrubs shall be removed or destroyed except for
selective removal of extremely high economic value trees or trees
presenting unusual hazards, which removals shall be subject to the
consent of the City.
(b)
No trees or shrubs shall be removed or destroyed, except in
accordance with approved forest management practices, and only upon
approval of the governing body or its designee.
(c)
No topsoil, sand, gravel or minerals shall be excavated or removed,
except as may be required to build a pond, and then only if the City
approves the design and structure of the pond, it being the intent
to preserve the natural function of the floodplain.
(d)
No buildings or structures of any description shall be erected.
(e)
No fill of any kind shall be permitted, except as may be required
to build a road, and then only after the City approves the design
of such road as part of the subdivision.
(f)
No fertilizers, pesticides, herbicides and/or other chemicals
shall be used or applied and no fertilizers, pesticides, herbicides
and/or other chemicals shall be used in excess of prescribed industry
standards.
(g)
No parking lots shall be constructed.
(h)
No subsurface sewage disposal area shall be constructed.
(i)
No livestock shall be permitted.
(j)
No haying is permitted.
(k)
No vehicular traffic is permitted in any area not designed to
accommodate adequately the type and volume.
(2)
Where it is desirable to preserve other areas within a subdivision
because of soil conditions, rock outcroppings, tree masses, wildlife
habitat, vistas or other significant horticultural, environmental
or natural features, there shall be provided a drainage and/or conservation
easement of sufficient area and width to protect and preserve the
aforementioned features. Such easements shall be deeded to the City
prior to final subdivision approval and carry the following limitations:
(a)
No trees or shrubs shall be removed or destroyed on lands in
the easement, except in accordance with approved forest management
practices, and only upon approval of the governing body or its designee.
(b)
No topsoil, sand, gravel or minerals shall be excavated or removed,
except as may be required to build a pond, and then only if the City
approves the design and structure of the pond, it being the intent
to preserve the natural function of the floodplain.
(c)
No buildings or structures of any description shall be erected.
(d)
No fill of any kind shall be permitted, except as may be required
to build a road, and then only after the City approves the design
of such road as part of the subdivision.
C.
Underground utilities.
(1)
In all subdivisions, all utility distribution lines or mains
and all services shall be installed underground. In all such subdivisions,
the applicant shall arrange with the serving utility for the underground
installation of the utilities distribution supply lines in accordance
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.
However, lots which, in such subdivisions, 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, but
the service connections from the utilities overhead lines shall be
installed underground.
(2)
In any particular situation where the applicant can clearly
demonstrate that because of unusual topographic conditions or other
unusual conditions having to do with the land, the installation of
such utilities underground is impracticable or otherwise not feasible
due to such conditions, then the Planning Board, in its discretion,
may waive the requirement for underground installation.
(3)
All underground utility work which will be under the pavement
of the street shall be laid sufficiently in advance to allow for complete
settlement of the trenches, and in no event shall construction work
be permitted over such excavation which, in the opinion of the City
Engineer, has not properly settled.
D.
Streetlights. Streetlights shall be installed at street intersections
or otherwise dangerous areas upon the recommendation of the City Engineer
and final review of the Chief of Police.
A.
All provisions and facilities for storage, other than pick-up of
refuse, shall be contained within a principal building. Any article
or material stored outside an enclosed building or an incidental part
of the preliminary operation on a lot shall be located in the side
or rear yard and be so screened by fencing, walls, evergreen planting
or combinations thereof that it cannot be seen from adjoining public
streets or adjacent lots when viewed by a person standing on ground
level.
B.
All fences, trees, plantings, shrubbery, or other screening required
by the Planning Board shall be consistently maintained at the level
of quality required of said items at the time they were initially
installed.
C.
Each permitted use shall provide an area for the orderly deposit
and pick-up of refuse which is concealed from adjacent residential
properties. This area shall be visually screened by a decorative all
or fence and landscaping. The overall design shall be in architectural
harmony with the principal building and shall not be located within
buffer areas.
D.
All outdoor storage facilities for fuel, raw materials and products
stored outdoors shall be enclosed by an approved safety fence and
suitable landscaping to screen such areas from public view and shall
conform to all yard requirements imposed by the City zoning standards
upon the principal buildings in the zone.
E.
No materials, wastes or other substances shall be stored or maintained
upon a lot in such a manner that natural runoff from such areas on
a site with an approved stormwater drainage plan can impair the existing
water quality of a stream, watercourse or aquifer more than the primary
use intended for the lot.
F.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers which are adequate to eliminate such hazards.
G.
Except for smoke which is emitted from chimneys, no smoke, fumes
or objectionable odors shall be emitted from any building.
H.
Solid waste collection areas shall be provided and shall be located
for the convenience of the occupants. Exterior and interior refuse
receptacles, aesthetically designed, shall be provided for shopper
convenience.
[Amended 8-9-2016 by Ord. No. MC-4995; 7-11-2023 by Ord. No. MC-5456]
A.
Scope and administration.
(1)
Title. 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 City
of Camden" (hereinafter "these regulations").
(2)
Scope. 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 Subsection B of these regulations.
(3)
Purposes and objectives. 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 44 CFR 59.22.
(4)
Coordination with building codes. Pursuant to the requirement
established in N.J.A.C. 5:23, the Uniform Construction Code, that
the City of Camden administer and enforce the state building codes,
the City Council of the City of Camden 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.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural 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, Subsection C(14) of this section.
(6)
Warning. 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.
(7)
Other laws. The provisions of these regulations shall not be
deemed to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance.
(a)
No structure or land shall hereafter be constructed, relocated
to, extended, converted, or altered without full compliance with the
terms of this section and other applicable regulations. Violation
of the provisions of this section 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 this section 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.
(b)
Each day in which a violation of an ordinance 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 up to $2,000 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.
(c)
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.
(d)
Solid waste disposal in a flood hazard area. Any person who
has unlawfully disposed of solid waste in a floodway or floodplain
who fails to comply with this section 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.
(9)
Abrogation and greater restrictions. 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.
B.
Applicability.
(1)
General. 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.
(2)
Establishment of flood hazard areas. The City of Camden was
accepted for participation in the National Flood Insurance Program
on December 01, 1981. 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 Division of Planning and Zoning, Department of Planning and
Development, 600 Market Street, Camden, New Jersey 08102. 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,
Camden County, New Jersey (All Jurisdictions)," dated August 17, 2016,
and the accompanying Flood Insurance Rate Maps (FIRM) identified in
B(2)(a), whose effective date is August 17, 2016, are hereby adopted
by reference.
|
Table B(2)(a)
| |||||
|---|---|---|---|---|---|
|
Map Panel No.
|
Effective Date
|
Suffix
|
Map Panel No.
|
Effective Date
|
Suffix
|
|
34007C0009
|
August 17, 2016
|
F
|
34007C0029
|
August 17, 2016
|
F
|
|
34007C0017
|
August 17, 2016
|
F
|
34007C0036
|
August 17, 2016
|
F
|
|
34007C0027
|
August 17, 2016
|
F
|
34007C0037
|
August 17, 2016
|
F
|
|
34007C0028
|
August 17, 2016
|
F
|
34007C0038
|
August 17, 2016
|
F
|
(b)
Federal best available information. The City of Camden 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 this section 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 B(2)(b)
| |
|---|---|
|
Map Panel No.
|
Preliminary Date
|
|
None as of the date of this section
| |
(c)
Other best available data. The City of Camden shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the City of Camden. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(2)(a) and (b), above. This information shall be used for floodplain regulation purposes only.
(d)
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act design flood elevation," as defined in Subsection I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table B(2)(d) List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
None as of the date of this section
| ||
(3)
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection B(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 this section. 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 Subsection B(2), above, plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any undelineated watercourse [where mapping or studies described in Subsection B(2)(a) and (b) above are not available] that has a contributory 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; 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. Any determination using these methods must be sealed and submitted according to Subsection E(2) and (3).
(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.
C.
Duties and powers of the Floodplain Administrator.
(1)
Floodplain administrator designation. The Zoning Officer is
designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
(2)
General. 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 Subsection G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate
with the Construction Official to administer and enforce the flood
provisions of the Uniform Construction Code.
(4)
Duties. 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 Subsection B 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 Subsection C(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 Subsection G 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 Subsection F 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 Subsection G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Camden have been modified.
(5)
Use of changed technical data. 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.
(6)
Other permits. 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.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C. § 1344.
(7)
Determination of local design flood elevations.
(a)
If design flood elevations are not specified, the Floodplain
Administrator is authorized to require the applicant to:
[1]
Obtain, review, and reasonably utilize data available from a
federal, state, or other source; or
[2]
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.
(b)
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 apply the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to Subsection C(15).
(8)
Requirement to submit new technical data. 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 44 CFR 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.
(9)
Activities in riverine flood hazard areas. 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 foot at
any point within the community.
(10)
Floodway encroachment. 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.
(a)
Floodway revisions. 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.
(11)
Watercourse alteration. 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.
(a)
Engineering analysis. 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 preserves the channel's flood-carrying capacity.
(12)
Alterations in coastal areas. 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.
(13)
Development in riparian zones. All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section 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 the 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 this section. The width
of the riparian zone can range between 50 feet and 300 feet and is
determined by the attributes of the water body 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.
(14)
Substantial improvement and substantial damage determinations.
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 Subsection A(5), performed in the floodplain regulated by this section 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 predamaged 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 previous permits issued for improvements
and repairs over a period of 10 years prior to the permit application
or substantial damage determination as specified in the definition
of substantial improvement. This determination shall also include
the evaluation of flood-related damages over a ten-year period to
determine if the costs of repairs at the times of each flood constitutes
a repetitive loss as defined by this section.
(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, in writing,
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.
(15)
Department records. 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.
(16)
Liability. 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.
D.
Permits.
(1)
Permits required. 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.
(2)
Application for permit. 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 Subsection E 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.
(3)
Validity of permit. 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 section 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.
(4)
Expiration. 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.
(5)
Suspension or revocation. 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.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas.
(a)
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:
[1]
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.
[2]
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 Subsection E(2).
[3]
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 Subsection E(2)(a)[3] of these regulations.
[4]
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.
[5]
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
[6]
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.
[7]
Extent of any proposed alteration of sand dunes.
[8]
Existing and proposed alignment of any proposed alteration of
a watercourse.
[9]
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
(b)
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.
(2)
Information in flood hazard areas without base flood elevations
(approximate Zone A).
(a)
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:
[1]
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.
[2]
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.
[3]
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.
(b)
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.
(3)
Analyses and certifications by a licensed professional engineer.
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 Subsection E(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 foot 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 Subsection E(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).
(4)
Submission of additional data. 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.
F.
Inspections.
(1)
General. 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.
(2)
Inspections of development. 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.
(3)
Buildings and structures. 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 Subsection O(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 Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. 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.
G.
Variances.
(1)
General. The Planning Board shall hear and decide requests for variances. The Planning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G(5), the conditions of issuance set forth in Subsection G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
(2)
Historic structures. A variance to the substantial improvement
requirements of this section is authorized provided that the repair
or rehabilitation of an 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 an historic structure, the structure meets the definition of the
historic structure as described by this section, and the variance
is the minimum necessary to preserve the historic character and design
of the structure.
(3)
Functionally dependent uses. 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.
(4)
Restrictions in floodways. 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 Subsection E(3)(a) of these regulations.
(5)
Considerations. 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.
(6)
Conditions for issuance. 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 render 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.
H.
Violations.
(1)
Violations. 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.
(2)
Authority. 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.
(3)
Unlawful continuance. 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.
(4)
Review period to correct violations. 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 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.
I.
Definitions.
(1)
General. 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.
(2)
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
AH ZONES
AO ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
ALTERATION OF A WATERCOURSE
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 7
ASCE 24
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION -FILL
CRITICAL BUILDING
(a)
(b)
DEEP FOUNDATIONS
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(a)
[1]
[2]
[3]
(b)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LAWFULLY EXISTING
(a)
(b)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
LOWEST HORIZONTAL STRUCTURAL MEMBER
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
REPETITIVE LOSS
RESIDENTIAL
(a)
(b)
(c)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
(a)
[1]
[2]
[3]
(b)
START OF CONSTRUCTION
(a)
(b)
(c)
(d)
(e)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
V ZONE CERTIFICATE
V ZONES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions.
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."
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
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 this section, A
Zones are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually areas of ponding) where average depths are between one foot
and three feet. Base flood elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one foot and three feet.
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.
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).
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.
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 foot 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.
See "special flood hazard area."
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.
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).
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."
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Per the FHACA, "critical building" means that:
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
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.
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.
Any man-made 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.
A combination of measures that results in a nonresidential
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.
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.
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).
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.
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.
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
to 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.
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.
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.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in Subsection I(2)(a)[2] 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.
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 Subsection I(2)(a)[1] of this definition.
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.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
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.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
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.
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.
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.
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.
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 nonhabitable
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.
As related to Subsection G of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The City Council of the City of Camden 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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:
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 this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
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.
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 a 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.
A letter of map revision (LOMR) is FEMA's modification
to an effective Flood Insurance Rate Map (FIRM). Letters 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.
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 and 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" 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.
A "licensed professional engineer" shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
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.
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.
The lowest point of ground, patio, or sidewalk slab immediately
next to a structure, except in AO Zones where it is the natural grade
elevation.
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 nonelevation design
requirements of these regulations.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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:
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
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.
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.
Any flood-related damage sustained by a structure on two
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, on the average, equals
or exceeds 25% of the market value of the structure before the damage
occurred.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boardinghouses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
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.
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.
The greater of the following:
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;
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;
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."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[2] 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.
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 elevations (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 elevations (BFEs)
increase or zones change.
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.
For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place over a ten-year period, the cumulative
cost of which equals or exceeds 50% of the market value of the structure
before the "start of construction" of the improvement. The period
of accumulation includes the first improvement or repair of each structure
that is permanent subsequent to 10 years prior. This term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. This term also includes structures which
have incurred repetitive loss or substantial damage, regardless of
the actual repair work performed. The term does not, however, include
either:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
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 this
section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
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.
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."
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.
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 this section is presumed
to be in violation until such time as that documentation is provided.
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 floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
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 nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[2]
Editor's Note: See 16 U.S.C. § 3501 et seq.
J.
Subdivisions and other developments.
(1)
General. 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.
(2)
Subdivision requirements. 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.
K.
Site improvement.
(1)
Encroachment in floodways. 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 Subsection E(3)(a) 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 Subsection E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(3)
Coastal high hazard areas (V Zones) and Coastal A Zones. 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.
(4)
Sewer facilities. 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 floodwaters, or impairment of the facilities and systems.
(5)
Water facilities. 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.
(6)
Storm drainage. Storm drainage shall be designed to convey the
flow of surface waters to minimize or eliminate damage to persons
or property.
(7)
Streets and sidewalks. Streets and sidewalks shall be designed
to minimize potential for increasing or aggravating flood levels.
(8)
Limitations on placement of fill. 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.
(9)
Limitations on sites in coastal high hazard areas (V Zones) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by Subsection E(3)(d) 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 Subsection O(9)(c) of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).
(10)
Hazardous materials. 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 are met.
L.
Manufactured homes.
(1)
General. 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).
(2)
Elevation. 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 Subsection O(2).
(3)
Foundations. All new, relocated, and replacement manufactured
homes, including substantial improvement of existing manufactured
homes, shall be placed on foundations as specified by the manufacturer
only if the manufacturer's installation instructions specify
that the home has been designed for flood-resistant considerations
and provides the conditions of applicability for velocities, depths,
or wave action as required by 24 CFR Part 3285-302. The Floodplain
Administrator is authorized to determine whether the design meets
or exceeds the performance necessary based upon the proposed site
location conditions as a precondition of issuing a flood damage prevention
permit. If the Floodplain Administrator determines that the home's
performance standards will not withstand the flood loads in the proposed
location, the applicant must propose a design certified by a New Jersey
licensed design professional and in accordance with 24 CFR 3285.301(c)
and (d) which conforms with ASCE 24, the accepted standard of engineering
practice for flood-resistant design and construction.
(4)
Anchoring. 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.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection O(2) of these regulations.
(a)
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 Subsection O(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).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles
shall not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. 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.
N.
Tanks. Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work.
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 Subsection E(3)(a) of this section 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 Subsection B(3);
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection B(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:
(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 off-site flooding
as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(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 Subsection I) 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 Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of nonresidential
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 Subsection B(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:
[d]
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 crawl spaces 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 nonresidential and the requirements
of Subsection O(2)(a)[4][b] are met;
[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 the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[f]
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
[g]
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation.
[h]
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 Subsection I) 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 Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate.
[3]
All new construction and substantial improvements of nonresidential
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 Subsection B(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:
[c]
Meets the requirements of ASCE 24, Chapters 4 and
7; and
[d]
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 nonsupporting breakaway walls, open wood latticework, 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 crawl spaces 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 nonresidential and the requirements
of Subsection O(2)(b)[3][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 Subsection O(2)(b)[3][b] are
met for a nonresidential 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 the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
[ii]
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation.
[iii]
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.
[6]
For new construction or substantial improvements, enclosures
shall be less than 295 square feet in size.
(3)
Garages and accessory storage structures. Garages and accessory
storage structures shall be designed and constructed in accordance
with the Uniform Construction Code.
(4)
Fences. 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 Subsection E(3)(a) 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 Subsection G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(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 flood 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 Subsection E(3)(a) of these regulations.
(8)
Other development in coastal high hazard areas (Zone V) and
Coastal A Zones. 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 demonstrate no harmful
diversion of floodwater or wave run-up 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.
(9)
Nonstructural fill in coastal high hazard areas (Zone V) and
Coastal A Zones. 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 run-up 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 run-up
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.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. 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 floodwaters.
(2)
Temporary storage. Temporary storage includes storage of goods
and materials for a period of less than 180 days. Stored materials
shall not include hazardous materials.
Q.
Utility and Miscellaneous Group U.
(1)
Utility and Miscellaneous Group U. 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.
(2)
Flood loads. 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 Subsection B(3).
(3)
Elevation. 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 Subsection B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawl space 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.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. 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 Subsection B(3).
(a)
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).
Wherever possible, subdivision and/or site plan applicants shall
preserve trees, groves, waterways, scenic points, historic spots and
other community assets and landmarks.
A.
Environmental elements relating to the prevention of soil erosion,
preservation of trees, protection of watercourses, noise, air quality,
topography, soil and animal life shall be reviewed, and the design
of the plan shall minimize any adverse impact on these elements.
B.
No application for development shall be approved unless it has been
affirmatively determined by the Planning Board, after an environmental
appraisal, that the proposed project:
(1)
Will not result in a significant adverse impact on the environment.
(2)
Has been conceived and designed in such a manner that it will
not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive demand upon the
total resources available to the project site and to the impact area.
C.
All applications for development and uses of land in wetlands shall
be subject to and permitted only in compliance with the provisions
of the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1
et seq.) and the regulations adopted thereunder (N.J.A.C. 7:7A-1 et
seq.). Any provisions in this article referring to wetlands regulations
shall be construed to mean the provisions of the New Jersey Freshwater
Wetlands Protection Act and the regulations adopted pursuant thereto.
D.
All applications for development shall show the limits of wetlands,
wetland buffer area, stream encroachment limits and other environmental
constraints. In the case of subdivisions, this shall be included on
the plan of lots, recorded in the deeds, and a point-of-sale disclosure
provided to all prospective buyers of individual lots.
A.
Major subdivisions and major site plans proposed for development
in aquifer recharge areas shall be designed to maintain the quality
of groundwater resources and to maintain or decrease the ratio of
runoff to infiltration.
B.
Natural drainage patterns shall be maintained wherever possible,
and surface water run-off shall be directed in such a manner as to
travel over stabilized, vegetated areas as opposed to potentially
contaminated surfaces such as parking lots. The intent of the latter
provision is to reduce the level of pollutants in stormwater and to
allow for vegetative and soils filtration of stormwater contaminants.
A.
Development should be sited behind visual barriers, such as trees,
ridge lines, and other topographic features.
B.
On hillsides, development may be located at any point in the foreground
to midground of the hill, and the height and location of development
shall protect unobstructed views of, and from, the ridges.
C.
Development shall be located and designed to preserve views of cultural/historic
landmarks and of unique geographic and topographic features.
A.
Applicants for major subdivision or major site plan approval shall
document the occurrence of threatened and endangered species on the
property to be developed and shall identify critical habitat areas
needed to provide for the survival of any local populations of these
species. No development shall be permitted, initiated, or conducted
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of local populations of threatened
or endangered plants and animals. No construction, grading or vegetation
removal shall take place in critical habitat areas during breeding
or mating of threatened and endangered species, and protection for
the critical habitat area appropriate to the species shall be provided.
B.
Threatened and endangered plants and animals shall be defined as
those which:
(1)
Appear on the national list developed by the United States Department
of the Interior; or
(2)
Appear on the state list developed by the New Jersey Department
of Environmental Protection; or
(3)
Are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame
Species Conservation Act, state list of endangered species).
A.
General provisions.
(1)
A Steep Slope Conservation Overlay shall be deemed to exist
in any area where slopes exceed 15%.
(2)
No area within the steep slope conservation overlay shall hereafter
be used without full compliance with the terms of this section and
other applicable regulations. The Steep Slope Conservation Overlay
shall be deemed to be an overlay on any zoning district(s) now or
hereafter enacted to regulate the use of land in the City.
(3)
The steep slope conservation overlay shall have no effect on
the permitted uses in the underlying zoning district, except where
said uses are intended to be located within the boundaries of the
Steep Slope Conservation Overlay, as defined herein and said uses
are in conflict with the permitted uses set forth in this article.
(4)
In those areas of the City where the steep slope conservation
overlay applies, the requirements of the steep slope conservation
overlay, to the extent they are more restrictive, shall supersede
the requirements of the underlying zoning district.
(5)
Any area of the steep slope conservation overlay that falls
within the subject lot or lots shall be interpolated and shown on
the site plan required through shading of such area or areas.
(6)
Should the steep slope conservation overlay boundaries be revised
to exclude previously included lands, as a result of legislative or
administrative actions or judicial decision, the zoning requirements
applicable to the area in question shall revert to the requirements
of the underlying zoning district(s) without consideration of this
section.
(7)
For any parcel or any part thereof on which the steep slope
conservation overlay is applicable: should the underlying zoning classification
be changed as a result of legislative administrative actions or judicial
decision, such change classification shall have no effect on the boundaries
of the Steep Slope Conservation Overlay, unless an amendment to said
boundaries was included as part of the proceedings from which the
subsequent change originated.
(8)
It is not intended by this section to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this section imposes greater restrictions, the provisions of this
section shall prevail.
(9)
The granting of a zoning permit or approval of a subdivision
or land development plan within or near the Steep Slope Conservation
Overlay shall not constitute a representation, guarantee or warranty
of any kind by the City, or by an official or employee thereof, of
the practicability or safety of the proposed use and shall create
no liability upon the City, its officials or employees. This section
does not imply that areas outside the Steep Slope Conservation Overlay
boundaries or land uses permitted within said Steep Slope Conservation
Overlay will always be totally free from the adverse effects of erosion.
B.
Designation and interpretation of district boundaries.
(1)
The steep slope conservation overlay consists of two areas which
are delineated and defined as follows:
(a)
Prohibitive slope. Prohibitive slopes are those of 25% or greater
slope (i.e., sloping 25 feet or more vertical over a distance of 100
feet) contour intervals of two feet each such that, in aggregate,
they delineate a slope of at least 25%.
(b)
Precautionary slope. Precautionary slopes are those 15% to 25%
slope (i.e., sloping 15 to 25 feet vertical over a distance of 100
feet horizontal). Slopes shall be deemed precautionary when there
are four adjacent contour intervals of two feet each such that, in
aggregate, they delineate a slope between 15% and 25%.
(2)
Steep slopes shall be determined by either aerial photogrammetric
methods or by field survey. The contour interval shall be set forth
at no more than two feet per interval on slopes less than 25% and
may be set forth at five feet per interval on slopes over 25%. On
properties containing no slopes greater than 10%, U.S.C.S. 7.5 minute
quadrangles may be used as the source of such information, subject
to the approval of the Zoning Officer/Administrative Officer at the
recommendation of the City Engineer.
(3)
Where an interpretation is needed as to the exact location of
the boundaries of the overlay in relation to a given parcel, the initial
determination shall be made by the City Engineer. Any party seeking
such a determination may submit a topographic survey of the property
and any other pertinent documentation in consideration. The City Engineer
shall make a written report of the results of his initial determination,
a copy of which shall be provided to the City council.
C.
Uses permitted by right.
(1)
In any part of the Steep Slope Conservation Overlay, grading
shall be minimized, and no grading shall be undertaken within any
area of the Steep Slope Conservation Overlay except where approved
in conjunction with a use permitted under the terms of this section.
(2)
The following are the only uses permitted as of right. In areas
of prohibitive slope, such uses also shall be in compliance with the
base zoning district and shall not involve the erection of buildings,
construction of streets, installation of sewage disposal systems or
permanent removal of topsoil unless replaced by approved engineered
structures.
(a)
Parks and outdoor recreation uses.
(b)
Yard areas of a building within the Steep Slope Conservation
Overlay.
(c)
The minimum possible grading for a driveway accessing a single-family
dwelling or other building when it can be demonstrated that no other
routing which avoids prohibitive slopes is feasible or economically
reasonable.
(d)
The minimum possible installation of public or private transmission
lines such as power, phone, gas, water, sewer or storm sewer lines
when it can be demonstrated that no other routing which avoids prohibitive
slopes is practicable or economically reasonable.
(e)
Within any lot, the maximum extent of areas classified prohibitive
slopes that may be permanently disturbed for installation of site
improvements shall be limited to 20% of the prohibitive slope area
or 10% of the lot area, whichever is the lesser, subject to the approval
of the Zoning Officer/Administrative Officer on the recommendation
of the City Engineer. On any lot, the total amount of impervious surface
that may be installed within areas of prohibitive slope shall not
exceed 20% of the total impervious areas permitted according to the
provisions of the underlying zoning district.
(3)
The following are the only uses permissible by right in areas
of precautionary slope, provided they are also in compliance with
base zoning district and all other provisions of this section:
(a)
All uses permitted in areas of prohibitive slopes.
(b)
Tree farming, forestry and other agricultural uses when conducted
in conformity with conservation practices, including minimum tillage
methods.
(c)
Access roads for the passage of emergency vehicles in the event
of fire or accident.
(d)
Accessory uses (except swimming pools) necessary for the operation
and maintenance of the above permitted uses.
(e)
Within any lot, the maximum extent of areas classified as precautionary
slopes that may be permanently disturbed for the installation of site
improvements shall be limited to 40% of the precautionary slope areas,
or 20% of the lot area, whichever is the lesser, subject to the approval
of the Zoning Officer/Administrative Officer on the recommendation
of the City Engineer. On any lot, the total amount of impervious surface
that may be installed within areas of precautionary slope shall not
exceed 40% of the total impervious area permitted according to the
provision of the underlying zoning district.
D.
Conditional uses.
(1)
Any of the following are permitted within the Steep Slope Conservation
Overlay, subject to the conditions set forth herein:
(a)
Any structure permitted by right or conditional use according
to the terms of the underlying base zoning district.
(b)
Any road necessary to provide primary access to a use permitted
by this section, when no practical alternative exists in an area of
lesser slope.
(c)
In areas of prohibitive slopes these activities shall not be
approved by the granting of a conditional use unless the applicant
demonstrates that there is no alternative which could avoid encroachment
into the areas of prohibitive slope.
(2)
The uses indicated shall be subject to the conditions set forth
as follows:
(a)
Disturbance to particularly sensitive features of the site shall
be minimized; special emphasis in planning for the site should be
given to the protection of:
(b)
Disturbance shall be minimized where the length or area of steep
slopes both on the site and on adjacent lands within 200 feet of the
site is extensive.
(c)
The proposed development, any impervious ground cover and the
resultant disturbance to the land and existing vegetative cover will
not cause runoff and/or related environmental problems off the site.
(d)
Removal of or disturbance for existing vegetation on the site
shall be minimized. The proposed impacts on existing vegetation shall
be evaluated in terms of the potentially detrimental effect on slope
stability, transportation and recharge of stormwater aesthetic, and
traditional characteristics of the landscape, and existing drainage
patterns. The Board may require mitigation measures as it deems appropriate.
(e)
The design, construction procedures and sediment and erosion
control measures are such that there is no risk of damage or impairment
to adjacent slopes, neighboring properties or downslope watercourses
as a result of the proposed activities.
(f)
Important visual qualities of the site shall, to the maximum
extent feasible, be retained; in addition to vegetation, these may
include hilltops, rock outcroppings and the natural terrain and contours
of the site.
(g)
Innovative, imaginative building techniques that are well suited
to slope conditions shall be encouraged consistent with other applicable
codes and regulations.
(h)
The equilibrium of the slope, as characterized by the existing
interrelationships among soil, water and vegetation, shall be disturbed
as little as possible.
(i)
Finished slopes of all cuts and fills shall not exceed 33% unless
the applicant can demonstrate that steeper slopes can be stabilized
and maintained adequately to the satisfaction of the City.
(j)
Exposed cut slopes within or below prohibitive slopes shall
be minimized so that engineered retaining walls or other structures
are utilized to the greatest extent practicable to maintain the stability
of the disturbed slopes and reduce the risk of harm because of erosion
and potential slope failure resulting in mudslides.
A.
All proposed residential structures that have a south facing exterior
wall may have 75% of the surface of that wall unshaded with access
to direct sunlight for at least four hours between 9:00 a.m. and 3:00
p.m., Eastern Standard Time, on December 21st.
B.
All subdivisions and site plans for all types of development shall
be designed so that adjoining properties are assured direct sunlight
access for at least four hours between 9:00 a.m. and 3:00 p.m., Eastern
Standard Time, on December 21st.
C.
If assuring solar access to adjoining properties requires a solar
easement, such instrument shall comply with N.J.S.A. 46:3-24 et seq.
and shall include at least the following:
(1)
The vertical and horizontal angles shall be expressed in degrees,
at which the solar easement extends over the real property subject
to the solar easement.
(2)
Any terms or conditions or both under which the solar easement
shall be granted or terminated.
(3)
Provisions for compensation of the owner of the property benefiting
from the solar easement in the event that there is interference with
the enjoyment of that solar easement, or compensation of the owner
of the property subject to the solar easement for maintaining that
solar easement.
D.
Wherever possible, at least 75% of all proposed detached residential
structures shall have their long axis facing within 30° of true
south.
E.
The design and layout of buildings and parking areas shall provide
an aesthetically pleasing and efficient arrangement. Buildings shall
be situated so as to allow adequate light and air on the site.
A.
Solar energy systems are a permitted use in all zoning districts.
B.
Roof-mounted systems shall not be more than three feet higher than
the finished roof to which it is mounted.
C.
Ground-mounted systems and systems attached to accessory buildings
shall be not less than 10 feet from any side or rear property line.
Solar energy systems are prohibited in front yards, and shall not
be located past the front wall of the principal building.
E.
Solar energy farms are prohibited. These are systems whose main purpose
is to generate energy for sale back into the energy grid system, rather
than being consumed on site.
F.
Ground-mounted solar energy systems shall not be categorized as accessory
buildings.
G.
If solar energy systems are attached to accessory buildings, the
number of accessory buildings allowed shall be regulated in accordance
with the provisions set forth in this chapter.
H.
The height of ground-mounted solar energy systems and systems included
on accessory buildings shall not exceed 12 feet in height.
I.
Zoning and construction permits are required.
J.
No more than 20% of a lot may be covered with a solar energy system.
