[Ord. No. 1038 § 400.01]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
and no land shall be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth by this chapter.
[Ord. No. 1038 § 401; Ord. No. 1125 § 2]
a.
No space contiguous to any building shall be encroached upon or reduced
in any manner, except in conformity with the yard, lot area, building
location, density, off-street parking and other regulations contained
in this chapter as they apply to the zone in which the building or
use is located. In the event of any such unlawful encroachment or
reduction, such building shall be deemed to be in violation of the
provisions of this chapter.
b.
A one (1') foot encroachment of stairs is only permitted into the
side or front yard setbacks if the main entrance foyer for a unit
is at or above flood elevation, providing the one (1') foot freeboard
is used as the referenced level.
[Ord. No. 1038 § 401]
The provisions of N.J.S.A. 40:55D-70 shall be applicable. A
variance shall end two (2) years from the date granted.
[Ord. No. 1038 § 402; Ord. No. 1590 (2016)]
a.
The provisions of an N.J.S.A. 40:55D — 68 shall be controlling
and read in pari materia to the regulating sections contained herein.
b.
Any building which houses a non-conforming use and which suffers
any damage from fire, storm or other casualty, may be repaired or
restored to its pre-existing condition. Such repair or restoration
may include improvements required by the (then) current building codes.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
Such repair or restoration must commence within twelve (12)
months of the events which caused the damage. The physical operation
of the non-conforming use shall be deemed to have intentionally ceased
and discontinued if (in the event that such use is not carried on
without interruption in an undamaged portion of the building) repair
or restoration is not commenced within the twelve (12) month timeframe,
or if such repair or restoration is not, in the opinion of the Zoning
Official, diligently pursued.
c.
Any building housing a conforming use, but as a structure does not
conform to the building requirements of the applicable zone, and which
suffers any damage from fire, storm or other casualty, may be repaired
or restored to its pre-existing condition. Such repair or restoration
may include improvements required by the (then) current building codes.
Such repair or restoration must commence within twelve (12) months
of the events which caused the damage.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
d.
In the event of voluntary demolition (not damaged by fire, storm
or other casualty) all uses and buildings on such lands shall be in
conformance with the applicable regulations for the zone so situate
or shall require prior approval by the Zoning Board of Adjustment.
e.
The City recognizes that structures in a coastal barrier island require
ongoing maintenance, therefore, nothing herein shall be deemed to
prevent normal maintenance, repair or refurbishment of any building,
or the carrying out of major structural alterations deemed, in the
opinion of the Construction Official, necessary to public safety,
including but not limited to flood prevention, damage and injury control.
[Ord. No. 1038 § 403.01]
The following are hereby prohibited throughout the jurisdictional
limits of the City:
[Ord. No. 1038 § 403.02]
The use of accessory buildings, attached or unattached to the
principal building, for dwelling purposes of any nature is prohibited
in all districts.
[Ord. No. 1038 § 403.03]
Boats, houseboats or floating homes shall not be occupied as
dwelling units and no floating home marina shall be permitted in any
zone within the City.
[Ord. No. 1038 § 403.04; Ord. No. 1261 § III; Ord. No. 1489 (2010) § IV]
In the event that an owner of a residential unit encloses the
area below the base flood elevation, that area shall be used only
for crawl space or parking. In any zone, the top of any floor of any
parking area or crawl space area of a building shall be set at a minimum
of six (6") inches above the mean elevation of the top of the curb
or the average center line elevation of the street if there is no
curb.
[Ord. No. 1038 § 403.05]
All entrances to loft areas shall be interior entrances. Exterior
entrances to these areas are prohibited.
[Ord. No. 1038 § 403.06]
Freestanding decks are prohibited except when constructed as
a carport.
[Ord. No. 1421 § I; Ord. No. 1424 § I]
Enclosed foyers below base flood elevation in residential structures
are prohibited within the City. Enclosed foyers shall not include
screened or otherwise open porches.
[Ord. No. 1421 § I; Ord. No. 1424 § II]
Garage doors are prohibited within the zones designated as "V"
on the Coastal Base Flood Elevation Map.
[Added 3-26-2019 by Ord.
No. 1630]
City Council finds and determines that:
a.
The City of Sea Isle City ("City") has a comprehensive Master Plan
and development ordinances implementing that Master Plan.
b.
The City Council has determined that businesses and enterprises manufacturing,
selling, or distributing medicinal and recreational marijuana, or
the growing or cultivation thereof, are not currently a permitted
use in any zoning district within the City, and, since such businesses
and enterprises require special concern for security and location
and because of such special concerns for security, the City desires
to ensure that any such facilities are not allowed and continue to
be prohibited in each of the several zoning districts within the City.
c.
Other states that have legalized the use of medicinal or recreational
use of marijuana have experienced very negative results which are
detrimental to the public health, safety and welfare. Recent studies
published in October 2018 show that both police-reported car crashes
and accident-related insurance claims jumped in Colorado, Nevada,
Oregon and Washington following enactment of legislation legalizing
marijuana sales and use compared with their neighboring states of
Idaho, Montana, Utah, and Wyoming, which still prohibit marijuana.
These studies were done by the Insurance Institute of Highway Safety
(IIHS) and the Highway Loss Data Institute (HLDI) and found that police-reported
car crashes rose 5.2% and insurance claims for car accidents rose
6% in those four states where the sale and use of marijuana has been
legalized.
d.
The clear implication based on the IIHS and HLDI studies indicates
that legalizing marijuana for all uses is having a negative impact
on the safety of our roads. This is particularly so in light of the
fact that there is no currently established legal limit for driving
under the influence of marijuana and there is also no widely accepted
roadside test to determine marijuana usage.
e.
After due consideration, City Council is of the opinion that there
is no area within the City which can safely house a business or enterprise
or other activity engaged in manufacturing, selling, or distributing
medicinal or recreational marijuana and/or the paraphernalia that
facilitates the use of such marijuana.
f.
City Council is of the further conclusion that the terms "home occupations
and professions," "retail stores and shops," "personal service shops/establishment,"
and "convenience stores and supermarkets" do not include, and shall
not be construed or interpreted in such manner as to be deemed to
permit, the medicinal or recreational sale of marijuana or its manufacture
or distribution.
a.
Any business or enterprise of any nature whatever that is engaged
in the manufacture, sale or distribution of medicinal or recreational
marijuana, cannabis, or any product containing tetrahydrocannabinol
(THC), or their derivatives, including the growing or cultivation
thereof, and/or the paraphernalia that facilitates the use of such
marijuana, is prohibited in all zoning districts.
b.
Exception. This section is not intended to prohibit or otherwise
restrict the dispensing of any pharmaceutical medication or other
legal substance by a pharmacy or drugstore under the supervision of
a licensed pharmacist, which medication or substance is lawful to
dispense under the laws of this state or the United States, when the
medication or substance being dispensed has been prescribed by a licensed
physician or other duly licensed and authorized medical provider or
health care practitioner; and further provided that such pharmacy
or drugstore is a permitted use in that zone.
[Amended 5-11-2021 by Ord. No. 1667]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all commercial nonmedicinal and medicinal cannabis uses, operations,
and activities, including but not limited to, cultivation, dispensaries,
distribution, deliveries, manufacturing, processing, microbusinesses,
storing, laboratory testing, packaging, labeling and transportation
facilities are prohibited uses anywhere within the City of Sea Isle
City.
[Ord. No. 1038 § 404.01; Ord. No. 1431 § CIX]
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall have been duly placed on
the official map or shall be:
a.
An existing State, County or City street or highway, or
b.
A street shown upon a plat approved by the Planning Board, or
c.
A street on a plat duly filed in the office of the County Recording
Officer prior to the passage of an ordinance under the State Highway
Access Management Act or any prior law which required prior approval
of plats by the Governing Body or other authorized body.
[Ord. No. 1038 § 404.02; Ord. No. 1431 §§ CX, CXI]
Before any such permit shall be issued:
a.
Such street shall have been certified to be suitably improved to
the satisfaction of the Administrator, or such suitable improvement
shall have been assured by means of a performance guarantee, in accordance
with standards and specifications for road improvements approved by
the Administrator or his/her designee, as adequate in respect to the
public health, safety and general welfare of the special circumstance
of the particular street; and
b.
It shall have been established that the proposed access conforms
with the standards of the State Highway Access Management Code adopted
by the Commissioner of Transportation under Section 3 of the State
Highway Access Management Act in the case of a State highway, with
the standards of any Access Management Code adopted by the County
under N.J.S.A. 27:16-1 in the case of a County road or highway, and
with the standards of any City Access Management Code adopted under
N.J.S.A. 40:67-1 in the case of a City street or highway.
[Ord. No. 1038 § 405.01; Ord. No. 1112 § 1]
The owners of a lot that does not meet the applicable minimum
lot size requirements, but that was lawfully created prior to the
effective date of this chapter[1] may construct improvements thereon without a variance,
provided that:
[Ord. No. 1038 § 405.02; Ord. No. 1140 § 1]
Any residential development on buildable substandard lots in
any district shall be limited to single family detached dwellings.
The variance that is required is a bulk variance pursuant to N.J.S.A.
40:55D-70(c).
[Ord. No. 1038 § 405.03; Ord. No. 1432 § I; Ord. No. 1462 (2009) § I]
No improvements may be constructed on any lot containing fewer
than three thousand five hundred (3,500) square feet, or having a
frontage less than thirty-five (35') feet, or having a depth less
than seventy (70') feet. This section does not apply to the C-1, C-2,
C-3 and C-4 and C-5 Districts, and lots in said districts may be improved,
consistent with requirements in the applicable zone.
[Ord. No. 1038 § 406.01; Ord. No. 1125 § 3; Ord. No. 1261 §§ IV, V; Ord. No. 1432 § II; Ord. No. 1489 (2010) § V; Ord. No. 1538 (2013) § 2; Ord. No. 1554 (2013) § 10]
a.
Unless specified in the regulations of a particular zoning district, the height of principal buildings or structures in all residential districts and residential structures in nonresidential districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2 where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
b.
Unless specified in the regulations of a particular zoning district, the height of principal nonresidential buildings or structures in all commercial districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
c.
A "pitched roof" shall have a minimum pitch of four (4") inches vertical
for every twelve (12") inches horizontal. A structure with a roof
slope of fewer than four (4") inches vertical for every twelve (12")
inches horizontal shall be considered to have a flat roof.
d.
The height of principal buildings or structures in all public use
districts shall be as specified in the regulations for each individual
district.
[Ord. No. 1038 § 406.02; Ord. No. 1261 § VI]
No accessory building or structure shall exceed fifteen (15')
feet in height above the mean elevation of the top of the curb or
the average center line elevation of the street if there is no curb,
provided that this height limit complies with all other sections of
this Code, including the Flood Damage Prevention chapter.
[Ord. No. 1383 § III; Ord. No. 1387 (2006) § V]
In order to promote lot drainage, all finished grades shall
be higher than curb elevation, except that pilings and foundations
may be installed below said curb elevation. In the case of adjacent
properties of differing elevations, the property with the higher elevation
shall install devices to prevent the flow of water from the higher
property to the lower adjacent property. All devices shall be designed
by, and the installation shall be approved by, a New Jersey licensed
architect or a New Jersey licensed professional engineer. All structures
constructed shall comply with the building height restrictions as
set forth more particularly herein, regardless of the elevation of
the finished grade.
[Ord. No. 1038 § 407.01]
The following occupations may be permitted in all residential
districts as conditional uses. No others are permitted as home occupations.
a.
Artificial flower arranging.
b.
Auditing.
c.
Baby-sitting register.
d.
Bookkeeping.
e.
China repair.
f.
Commercial arts.
g.
Furniture repair.
h.
Jewelry making.
i.
Mailing service.
j.
Mail order business.
k.
Model making.
l.
Nursing register.
m.
Painting and sculpture.
n.
Sewing.
o.
Stenography.
p.
Telephone selling.
q.
Typing.
r.
Weaving.
s.
Woodcrafts and kindred hand-made, woven, carved or molded products.
t.
Writing.
u.
Holder of Home Worker's Certificate, permit or certification issued
by either the Department of Labor of the United States or the Department
of Labor and Industry of the State of New Jersey, subject to all other
provisions and regulations in this chapter.
[Ord. No. 1038 § 407.02]
Only one (1) such home occupation may be conducted in any premises
on any one (1) lot in any residential district. The home occupation
shall be permitted as a conditional accessory use only, and it shall
be confined entirely within a building on the premises.
[Ord. No. 1038 § 407.03]
No more than twenty-five (25%) percent of the gross floor area
of a dwelling unit may be used for a home occupation at any time.
[Ord. No. 1038 § 407.04; Ord. No. 1492 (2010) § II]
[Ord. No. 1038 § 407.05]
Any article, thing, goods, wares or merchandise made or created
in the course of the pursuit of any such home occupation shall not
be sold at retail or advertised for sale at retail by any means or
at any place whatsoever, and the floor selling and the floor display
of any such products is hereby prohibited excepting in the course
of sale or intended sale for purposes other than retail sale.
[Ord. No. 1038 § 407.06]
The conduct of work as a home occupation shall be performed
without the aid of power-operated machinery of any kind that may cause
a disturbance or nuisance to immediate neighbors, unless upon application
and consent obtained from the Planning Board for the use of any specified
machine or machinery, upon such terms and conditions as the Board
may find it necessary to impose to safeguard the comfort and convenience
of any other persons who might be affected thereby, and in all cases
to preserve the general harmony and residential characteristics of
the zone or district.
[Ord. No. 1038 § 407.07]
Any home occupation not specifically listed above is hereby
prohibited, and the following types of occupations which are enumerated
by way of description and not by way of limitation are hereby specified
as prohibited:
a.
Animal breeding.
b.
Animal hospital or pound.
c.
Animal raising and maintaining, except as a pet or pets.
d.
Baking and/or cooking for resale purposes.
e.
Barbershop.
f.
Beauty shop.
g.
Bed and breakfast establishments.
h.
Crafts, except as specifically permitted.
i.
Dress shop.
j.
Food, drug and cosmetic compounding, manufacturing, preparing or
packaging.
k.
Hairdressing.
l.
Home repair shops, unless otherwise specifically indicated.
m.
Insurance office.
n.
Kennel or kennels.
o.
Manicuring.
p.
Millinery shop.
q.
Nursery school.
r.
Photo developing.
s.
Photographic studio.
t.
Poultry breeding, raising and maintaining.
u.
Real estate office.
v.
Soil products, except for private use.
w.
Steam or vapor bathing or massaging.
x.
Tea room.
[Ord. No. 1038 § 407.08; Ord. No. 1468 (2009) § XII]
All home occupations shall satisfy all conditions of this chapter (see Section 26-22) and obtain a home occupation permit. Any home occupation operating without a permit or found in violation of the conditions of the permit shall be in violation of this chapter. All home occupations in existence at the time of adoption of this chapter shall apply for a permit within one (1) year of the date of adoption. Permits shall have a term of three (3) years. The Planning Board shall have the power to review home occupation permits upon proper application for renewal. The Zoning Officer shall issue the appropriate permit.
[Ord. No. 1038 § 408.01; Ord. No. 1317 § I; Ord. No. 1510 (2011) § 3]
The minimum parking dimensions for each parking space exclusive
of drives, aisles, paths and sidewalks shall be:
a.
For all parking spaces parallel to the travel of traffic: Eight feet
six inches by twenty-two feet (8'6" x 22').
b.
For all other parking spaces: Nine feet by eighteen feet (9' x 18')
'for a standard space and eight (8') feet for a handicapped car space
and eleven (11') feet for a handicapped van space, both with an access
aisle of five (5') feet in width. Handicapped space shall be eighteen
(18') feet in length.
c.
Parking spaces and access aisles shall be level with surface slopes
not exceeding 1:50 (2%) in all directions.
[Ord. No. 1038 § 408.02; Ord. No. 1510 (2011) § 4]
The dimensions of aisles shall be no less than those specified
below:
|
Angle of Parking Space to Aisle
|
One-Way Traffic
|
Two-Way Traffic
|
|---|---|---|
|
90°
|
24'
|
24'
|
|
60°
|
18'
|
N/A
|
|
45°
|
13'
|
N/A
|
|
30°
|
12'
|
N/A
|
|
Parallel
|
12'
|
24'
|
[Ord. No. 1038 § 408.03]
a.
In all districts, required parking shall be provided on the same
parcel as the use for which the parking is required.
b.
Off-street parking shall not be permitted in any portion of any street
right-of-way.
c.
In all business or commercial zones and where commercial or business
uses exist, rear and side yards may be utilized for off-street parking.
Front yards may be utilized for off-street parking where such parking
area is part of a driveway which serves a side yard or rear yard area.
Required parking for business or commercial uses may also be provided
off the site, if it is provided in nonresidential zones and is situated
within two hundred (200') feet of the subject property, and if the
property on which such off-site parking is provided is owned by the
same owner as the subject property.
[Ord. No. 1038 § 408.04; Ord. No. 1179 §§ I, II; Ord. No. 1212 §§ I, II; Ord. No. 1489 (2010) § VI; Ord. No. 1510 (2011) § 5]
a.
Conforming Lots.
1.
Nonresidential properties shall be limited to one (1) fifteen (15')
foot wide driveway for each street frontage, or interior lots and
limited to one (1) twenty-four (24') foot wide driveway for each street
frontage on corner lots.
2.
New residential buildings or rehabilitation of existing residential
buildings exceeding fifty (50%) percent rehabilitation, on lots having
fifty (50') foot street frontage shall be limited to one (1) twenty-four
(24') foot wide driveway for interior lots and corner lots shall be
limited to one (1) twenty-four (24') foot wide driveway or two (2)
twelve (12') foot wide driveways, one (1) on each street frontage.
3.
Rehabilitation of existing residential buildings of less than fifty
(50%) percent rehabilitation, on lots having a minimum of fifty (50')
foot street frontage, and/or reconstruction of existing driveways
shall be permitted the following:
4.
If a residential building is totally destroyed by fire, flood or
other natural disaster, the owner shall be permitted to keep the driveway
that existed prior to the natural disaster which destroyed the building.
If the driveway is changed in size or dimension, or in any way, the
driveway must then comply with all other provisions of subsection
26-23.4a2 of the Revised General Ordinances.
b.
Nonconforming Lots. Having a street frontage of between forty-nine
(49') feet and thirty-five (35') feet and a lot area of at least three
thousand four hundred ninety-nine (3,499) square feet.
1.
New buildings (residential or nonresidential), or rehabilitation
of existing buildings exceeding fifty (50%) percent rehabilitation
shall be limited to one (1) twenty-four (24') foot wide driveway for
interior lots and for corner lots shall be limited to one (1) twenty-four
(24') foot wide driveway or two (2) twelve (12') foot wide driveways,
one (1) on each street frontage.
2.
Rehabilitation of existing buildings of less than fifty (50%) percent
rehabilitation shall be permitted the following:
3.
If a residential building is totally destroyed by fire, flood or
other natural disaster, the owner shall be permitted to keep the driveway
that existed prior to the natural disaster which destroyed the building.
If the driveway is changed in size or dimension, or in any way, the
driveway must then comply with all other provisions of subsection
26-23.4b1 of the Revised General Ordinances.
[Ord. No. 1038 § 408.05; Ord. No. 1533 (2012); amended 3-22-2022 by Ord. No. 1678]
a.
Stacked parking spaces shall be prohibited, except for single-family
dwellings and two-family dwellings which have driveways and parking
areas which are clearly separate from any other driveways and parking
areas on adjacent lots.
c.
No outside car lifts shall be permitted. All car lifts shall be maintained
and kept in good working order. The parking lift platform must be
sealed and of a sufficient width and length to completely cover the
bottom of the vehicle on the platform to prevent dripping liquids
or debris onto the vehicle below.
d.
All lifts must be designed so that power is required to lift the
car, but that no power is required to lower the lift in order to ensure
that the lift can be lowered and the top vehicle can be accessed in
the event of a power outage.
e.
All parking lifts must be designed to prevent lowering of the lift
when a vehicle is parked below the lift. Ceiling heights of any parking
level with parking lifts shall be a minimum of 14 feet four inches.
f.
Car lift parking spaces shall not count toward any use or zone parking
requirement in the Zoning Code.
[Ord. No. 1038 § 408.06]
a.
In all residential districts or for residential uses in nonresidential
districts, all access driveways leading from the street to the property
shall be constructed of a concrete driveway apron consisting of concrete
having a compressive strength of four thousand (4,000) pounds per
square inch and being a minimum of six (6") inches thick.
b.
The driveway apron shall include that section of the sidewalk adjacent
to the driveway, and shall be six (6") inches thick.
c.
All parking areas on site shall be constructed of one (1) of the
following methods:
1.
Concrete. A surface course of concrete having a compressive strength
of four thousand (4,000) pounds per square inch and being a minimum
thickness of six (6") inches shall be constructed over a thoroughly
compacted base of existing materials, and shall be constructed in
accordance with the requirements of Section 607 of the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction - 1983, and as revised. If the existing materials
are unsuitable, they shall be replaced with select backfill material
which shall be thoroughly compacted prior to pouring concrete.
2.
Bituminous Concrete or Stone. All parking areas shall have a soil
aggregate base course having a minimum depth of six (6") inches after
compaction, consisting of Soil Aggregate I-5, and shall be constructed
in accordance with the requirements of Section 301 of the Standard
Specifications. Bituminous concrete parking areas shall consist of
a minimum two (2") inch thick compacted wearing surface of bituminous
concrete surface course, hot mix, Type FABC-1, Mix I-5, constructed
in accordance with the requirements of Section 404 of the Standard
Specifications. This wearing surface shall be constructed over the
compacted gravel base course as described above.
3.
Stone wearing surfaces shall consist of either broken stone, crushed
stone, or washed gravel, two (2") inches thick, conforming to the
requirements of Section 901 of the Standard Specifications. All work
shall be performed in accordance with the requirements of Section
401 of the Standard Specifications, and the stone wearing surface
shall be constructed over the compacted gravel base course as described
above.
[Ord. No. 1038 § 408.07]
a.
In all nonresidential districts or for nonresidential uses in residential
districts, all parking areas and access drives shall have a soil aggregate
base course having a minimum depth of six (6") inches after compaction,
consisting of Soil Aggregate I-5, and shall be constructed in accordance
with the requirements of Section 301 of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction
- 1983, and as revised.
b.
Areas of ingress and egress, loading and unloading areas, major interior
driveways or access aisles and other areas likely to experience similar
heavy traffic shall be paved with not less than two (2") inches of
compacted base course of plant mixed bituminous stabilized base course,
Mix I-2, stone mix. This base course shall be constructed over the
six (6") inch soil aggregate base course described above. All work
shall be constructed in accordance with the requirements of Section
304 of the Standard Specifications and amendments thereto.
c.
Parking stall areas and other areas likely to experience similar
light traffic shall be paved with a minimum two (2") inch thick compacted
wearing surface of bituminous concrete surface course, hot mix, Type
FABC -1 Mix I-5 over a six (6") inch compacted gravel base course
as described above. All work shall be performed in accordance with
the requirements of Section 404 of the Standard Specifications and
amendments thereto.
d.
The Planning Board may permit the use of a broken stone parking area
surface on a case by case basis, as determined by the Board. A soil
aggregate base course shall be prepared as described above and shall
be a minimum of six (6") inches thick. Broken stone shall be constructed
at a minimum of two (2") inches thick, and materials shall conform
to the requirements of Section 901 of the Standard Specifications.
[Ord. No. 1038 § 408.08; Ord. No. 1413 § I; Ord. No. 1432 § III; Ord. No. 1462 (2009) § II]
a.
Parking requirements for each use shall be cumulative where more
than one (1) use exists on any site. The following list indicates
the minimum off-street standard parking space requirements by use
in all districts, except as otherwise modified in this chapter:
|
Use
|
Requirement
|
|---|---|
|
Residential
|
2 spaces per each dwelling unit of less than 1,500 square feet
of gross floor area, or 3 spaces per each dwelling unit of 1,500 or
over square feet of gross floor area
|
|
Hotel, motel, tourist guest house and other permitted room rentals
|
1 Space per rental unit
|
|
Restaurant
|
1 space per 200 square feet of floor area or 1 space for every
6 seats in a restaurant with table or counter service and 1 space
for every 75 square feet of floor area intended for standing patrons,
whichever requires the greatest number of parking spaces
|
|
Tavern
|
1 space per 200 square feet of floor area, or 1 space for every
6 seats in a tavern with table or counter serve and 1 space for every
75 square feet of floor area intended for standing patrons, whichever
requires the greatest number of parking spaces
|
|
Retail
|
1 space per 300 square feet of floor area
|
|
Wholesale
|
1 space per 450 square feet of floor area
|
|
Office
|
1 space per 300 square feet of floor area
|
|
Place of assembly
|
1 space per 10 seats
|
|
Place of worship
|
1 space per 20 seats
|
|
Mortuary
|
30 spaces per establishment
|
|
Marina/public dock
|
1 space per 2 boat slips
|
|
Financial institution
|
1 space per 200 square feet of floor area
|
|
Personal service
|
1 space per 200 square feet of floor area
|
|
Quasi-public uses
|
1 space per 300 square feet of floor area
|
|
Industrial
|
1 space per 450 square feet of floor area
|
|
Other uses
|
Subject to Planning Board approval
|
b.
The expansion or change of an existing nonresidential structure shall
be exempted from additional parking requirements where the proposed
change or changes in the existing structure or structures do not increase
the volume or intensity of use of such structure or structures, or
where such change or changes involve vertical expansion for storage
purposes only rather than horizontal expansion. With respect to vertical
expansion, this exemption exists only for buildings constructed on
or before June 1, 1986.
[Ord. No. 1510 (2011) § 6]
Any and all rules, guidelines and/or directives established
regarding parking and pedestrian and vehicular movement shall be in
accordance with applicable provisions of the Americans with Disabilities
Act of 1990.
[Ord. No. 1510 (2011) § 7]
a.
All sidewalks shall be a minimum of four (4') feet wide and four
(4") inches thick, except at driveway crossings where they shall be
six (6") inches thick.
b.
All sidewalks along a commercial zone shall be a minimum of six (6')
feet in width.
c.
Concrete curbs, gutters and sidewalks shall meet the following requirements:
1.
Materials for concrete shall conform to the requirements of the New
Jersey State Highway Department Standard Specifications. Concrete
shall be Class B. Metal forms shall be used for the construction of
concrete curbs. Curbs are to be six (6") inches wide and eighteen
(18") inches deep and are to be constructed true to the required lines,
grades and curvatures.
2.
At all intersections a four (4') foot wide area of the sidewalk on
each roadway corner shall be gradually ramped to meet the roadway
at grade to enable persons in wheelchairs to easily cross roadways.
d.
In any area of the City where sidewalks do not line up, the transition
shall be as approved by the Planning Board after review by the City
Engineer.
[Ord. No. 1038 § 409.01]
a.
Off-street loading shall be provided for commercial structures with
a gross floor area of five thousand (5,000) square feet or more in
accordance with the following schedule:
|
5,000 to 40,000 square feet
|
1 space
|
|
40,000 to 100,000 square feet
|
2 spaces
|
|
Above 100,000 square feet
|
3 spaces
|
b.
Off-street loading and unloading shall have adequate ingress and
egress from streets and adequate space for maneuvering, and shall
provide such loading areas at the side, rear and front of the building.
There shall be no loading or unloading from the street.
c.
All loading areas shall be landscaped and screened sufficiently to
obscure the view of the parked vehicles and loading platforms from
any public street and adjacent residential districts or uses. Such
screening shall be an extension of a building, a fence, planting or
combination thereof, and shall not be less than six (6') feet in height.
Excluding plantings, screening shall not exceed six (6') feet in height.
[Ord. No. 1038 § 409.02]
[Ord. No. 1414 § I]
The purpose of this section is to promote the public health,
safety, and welfare of persons in the City of Sea Isle City through
the preservation, maintenance, protection, and planting of trees and
landscaping, in accordance with N.J.S.A. 40:67-1(c), so as to:
a.
Aid in the stabilization of soil by the prevention of erosion and
sedimentation;
b.
Reduction of stormwater runoff and the potential damage it may create;
c.
Aid in the removal of pollutants from the air and assists in the
generation of oxygen;
d.
Aid in the preservation, maintenance, protection, and planting of
trees;
e.
Provide buffers and screens against noise and pollution;
f.
Provide protection against severe weather;
g.
Aid in the control of drainage and restoration of denuded soil subsequent
to construction or grading;
h.
Provide a haven for birds and other wildlife that otherwise enhances
the environment;
i.
Protect and increase property values;
j.
Preserve and enhance the City's physical and aesthetic appearance;
and
k.
Generally protect the public health and safety as well as the general
welfare.
[Ord. No. 1414 § II]
As used and referred to in this section, the terms shall have
the following definitions:
Shall mean a mound of soil on a site used as a view obstruction
or to vary the grade pattern, either natural or man-made.
Shall mean an area within a property or site generally adjacent
and parallel to the property line, either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms
designed to continuously limit view of the site from adjacent sites
or properties.
Shall mean commercial entities contracting with the City
to assist the City in making improvements to municipal property.
Shall mean plants that drop their leaves before becoming
dormant in winter, not evergreens.
Shall mean to kill or damage irreparably, which shall be
deemed to include, but not be limited to, damage inflicted to the
root system by machinery, storage of materials and soil compaction,
change of natural grade above or below the root system or around the
trunk; damage inflicted on the tree permitting fungus, pests or other
infestation; excessive pruning or thinning leading to a failure to
thrive; paving over the root system with any impervious materials
within such proximity as to be fatally harmful to the tree; or application
of any toxic substance.
Shall mean plants that do not lose their leaves during the
winter.
Shall mean an aesthetic or structural change to the man-made
or natural environment of real property, except for the infrastructure
of houses and other buildings.
Shall mean any covering placed on soil to conserve moisture,
eliminate weak growth and protect plants from extremes of heat and
cold.
Shall mean property owned by the City of Sea Isle City and
all other property open to the general public.
Shall mean any individual or entity whose existence is recognized
by law, including, but not limited to, any partnership, corporation
(for-profit, nonprofit, or municipal and its agencies), firm, association,
or any combination of the foregoing.
Shall mean a structure or series of plantings providing a
continuous view obstruction within the site or property. Such screens
may consist of fencing, berms and/or evergreen trees or shrubs.
Shall mean any plants, deciduous or evergreen, generally
multi-stemmed, classified and sold by height or spread, measured in
inches or feet.
Shall mean any woody plant with a main stem or multiple stems
with branches protruding above the root flare.
[Ord. No. 1414 § III; Ord. No. 1510 (2011) § 8]
Plant selection shall conform to the following general design
principles.
a.
All landscape plants shall be typical full specimens conforming to
the American Association of Nurserymen Standards (ANA) for quality
and installation.
b.
Local soil conditions and water availability shall be considered
in the plant selection. All plants shall be tolerant of specific site
conditions.
c.
Landscaping shall not inhibit access by emergency vehicles or inhibit
visibility within required vehicular sight triangles.
d.
Irrigation systems are to be provided for all new plantings.
e.
Deciduous shade trees shall have a minimum caliper of three and one-half
inches (3 1/2") to four (4") inches. Ornamental trees shall be
a minimum six (6') feet to eight (8') feet in height. Evergreen trees
shall be a minimum six (6') feet to eight (8') feet in height. Shrubs
shall be a minimum twenty four (24") inches to thirty (36") inches
in height. These shall be the minimum measurements at the time of
planting.
f.
All trees to be installed shall be balled and burlapped in accordance
with ANA standards. All trees shall be mulched to a depth of three
(3") inches.
g.
All trees shall be installed with proper subterranean preparation
of the ground.
h.
The owner or if a common element of condominium, the condominium
shall be responsible to maintain or replace the tree or plantings,
after one (1) year from issuance of a Certificate of Occupancy. Prior
to one (1) year, the developer shall replace plantings that die.
[Ord. No. 1510 (2011) § 9]
a.
Street trees shall be provided for all streets as a requirement for
site plan and subdivision applications.
b.
The number of street trees shall average one (1) for every forty
(40') feet of frontage.
c.
Spacing between trees shall be determined based upon species selection.
In general, trees should be spaced between thirty (30') to fifty (50')
feet on center.
d.
Street trees should be a minimum of three and one-half (3 1/2")
to four (4") inches caliper, based on ANA standards.
e.
Street trees shall be disease resistant and tolerant of road salts
and air pollution.
f.
Branching height shall bear a relationship to the size and species
of tree, but shall have a minimum clearance height of seven (7') feet
above grade before branching begins.
g.
Fastigiate and columnar trees shall be used on streets which have
limited sidewalk depth between the cartway and building wall face.
[Ord. No. 1510 (2011) § 10]
All areas not covered by buildings, driveways, pedestrian walkways
or parking areas shall be landscaped, and all construction within
all districts shall retain natural vegetation to the extent possible.
Landscaping shall require the following minimum standards:
a.
Dwellings in residential districts and residential uses in a commercial
district (excluding mixed nonresidential and residential use) shall
have a minimum of one (1) tree per dwelling.
b.
Dwellings in residential districts and residential uses in a commercial
district (excluding mixed nonresidential and residential use) shall
have a minimum of ten (10) shrubs per dwelling unit for two (2) family
housing (for a total of twenty (20)) and ten (10) shrubs for a single-family
housing type;
c.
In commercial districts, there shall be a minimum of one (1) tree
per two thousand (2,000) square feet of lot area, but no less than
two (2) trees per lot.
d.
Commercial districts shall have a minimum of five (5) shrubs per
one thousand (1,000) square feet of lot area.
e.
Nothing herein shall change the requirements of the City of Sea Isle
City Zoning and Planning Boards.
[Ord. No. 1510 (2011) § 11]
Plant materials shall be selected from the following list. Any
deviations shall be approved by the City Engineer in consultation
with a licensed landscape architect or certified arborist.
a.
Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Acer campestre
|
Hedge Maple
|
|
Acer rubrum "Armstrong"
|
"Armstrong" Columnar Red Maple
|
|
Acer rubrum "October Glory"
|
"October Glory" Red Maple
|
|
Acer saccharum "Bonfire"
|
"Bonfire" Sugar Maple
|
|
Acer saccharum "Goldspire"
|
"Goldspire" Sugar Maple
|
|
Acer saccharum "Green Mountain"
|
"Green Mountain" Sugar Maple
|
|
Fraxinus americana "Autumn Purple"
|
"Autumn Purple" White Ash
|
|
Fraxinus americana "Greenspire"
|
"Greenspire" White Ash
|
|
Fraxinus pennsylvania "Patmore"
|
"Patmore" Green Ash
|
|
Nyssa sylvatica
|
Black Gum or Sour Gum
|
|
Platanus acerifolia "Bloodgood"*
|
"Bloodgood" London Planetree
|
|
Platanus occidentalis*
|
American Sycamore
|
|
Quercus bicolor*
|
Swamp White Oak
|
|
Quercus imbric
|
Shingle Oak
|
|
Quercus palustris*
|
Pin Oak
|
|
Quercus phellos*
|
Willow Oak
|
|
Taxodium distichum
|
Baldcypress
|
|
Tilia americana "Redmond"
|
"Redmond" Linden
|
|
Tilia cordata "Greenspire"
|
"Greenspire" Littleleaf Linden
|
|
Linden Tilia tomentosa
|
"Green Mountain" Linden
|
|
Ulmus americana "Princeton"
|
"Princeton" Elm
|
|
Zelkova serrata "Halka"
|
"Halka" Zelkova
|
|
Zelkova serrata "Village"
|
"Village Green" Zelkova
|
|
*
|
Indicates street trees suitable for high wind and salt spray
conditions.
|
|
Note that there are fall digging hazards for Quercus (Oak) species.
Specific conditions, such as soil type, exposure, salt spray and other
factors must be considered in the species selection process. A New
Jersey certified arborist or landscape architect should be consulted
in plant selection.
|
b.
Recommended Understory Ornamental Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Amelanchier canadensis
|
Shadtree
|
|
Betula nigra
|
River Birch
|
|
Carpinus caroliniana
|
American Hornbeam
|
|
Cercis canadensis
|
Eastern Redbud
|
|
Chiananthus virginicus
|
White Fringetree
|
|
Franklinia alatamaha
|
Franklinia
|
|
Halsia diptera "Magniflora"
|
Two-Winged Silverbell
|
|
Hamamelis virginiana
|
Common Witchhazel
|
|
Magnolia virginiana
|
Sweetbay Magnolia
|
|
Ostrya virginiana
|
Hophornbeam
|
|
Oxydendrum arboreum
|
Sourwood
|
|
Sassafras albidum
|
Sassafras
|
c.
Recommended Evergreen Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Cryptomeria japonica "Yoshin"
|
"Yoshino Japanese" Cedar
|
|
Cedar Ilex opaca
|
American Holly
|
|
Juniperus scopulorum "Cologreen"
|
"Cologreen" Juniper
|
|
"Juniperus virginiana "Cupressifilia"
|
"Hillspire" Juniper
|
|
Picea glauca "Densata"
|
"Black Hills" Spruce
|
|
Pinus resinosa
|
Red Pine
|
|
Pinus strobes
|
White Pine
|
|
Pseudotsuga menziesii
|
Douglas Fir
|
d.
The following Is a List of Acceptable Shrubs:
|
Botanical Name
|
Common Name
|
|---|---|
|
Cletha alnifolia "Hummingbird"
|
"Hummingbird" Summersweet
|
|
Cornus paniculata
|
Gray Dogwood
|
|
Cornus sericea
|
Red Osier Dogwood
|
|
Ilex glabra
|
Inkberry
|
|
Juniperus conferta "Blue Pacific"
|
"Blue Pacific" Japanese Shore Juniper
|
|
Juniperus sargenti
|
Sargent Juniper
|
|
Kalmia latifolia
|
Mountain Laurel
|
|
Myrica pennsylvanica
|
Northern Bayberry
|
|
Rhododendron maximum
|
Rosebay Rhododendron
|
|
Rosa rugosa
|
Japanese Shore Rose
|
|
Vaccinum coryinbosum
|
Highbush Blueberry
|
|
Viburnum acerifolium
|
Maple-leaved Viburnum
|
|
Viburnum dentatum
|
Arrowwood Viburum
|
e.
Planting, Growing or Cultivating Bamboo and Other Invasive Plant
Species.
[Added 4-12-2022 by Ord. No. 1680]
1.
Purpose. The article is adopted to control the planting, cultivating,
and/or growing of bamboo and other invasive plant species in the City
of Sea Isle City. It is further intended to require barriers that
will prevent the spread of invasive plant species, such as bamboo,
into other public or private property in the City of Sea Isle City.
2.
Definitions. All native and nonnative vines and vegetation that grow
out of place and are competitive, persistent and pernicious; those
plants may damage trees, vegetation, sidewalks or structures. Examples
include, but are not limited to, bamboo as well as invasive plant
species developed by the New Jersey Species Strike Team and the New
Jersey Forestry Association. The terms "bamboo" and "invasive plant
species" shall include but not be limited to, the following plant
genera (commonly known as spreading or running type): Arundinaria,
Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Sasa, Sasaella, Semiarundinaria, Ragweed, multi-flora rose, kudzu-vine
and poison oak or ivy.
3.
Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install, or cause or permit
the planting or installation of invasive plant species such as bamboo
within any lot and/or parcel of ground anywhere within the City.
4.
Duty to Confine.
(a)
If there exists any species commonly known as "bamboo-running
or clumping" or any other invasive species located upon any property
within the City of Sea Isle City prior to the effective date of this
subsection, there shall be a duty to confine imposed upon the owner
and occupant of the property. The duty to confine shall require owners
and occupants to prevent the encroachment, spread, invasion or intrusion
of bamboo and other invasive plant species onto any other private
property, public property or public right-of-way.
(b)
All places and premises in the City of Sea Isle City shall be
subject to inspection by the Code Enforcement Officer when there is
reason to believe that any provision of this subsection is being violated.
(c)
Property owners who seek to confine bamboo or other invasive
plant species must do so in accordance with methods approved by the
City of Sea Isle City Code Enforcement Officer. The Code Enforcement
Officer may permit, inspect and approve methods of confinement and
amend the requirements of said confinement from time to time. The
Code Enforcement Officer may also permit, inspect and approve proper
methods for full removal of bamboo or other invasive plant species.
(d)
Failure to confine bamboo or other invasive plant species in
accordance with the requirements set forth by the Code Enforcement
Officer shall require immediate removal by the property owner or occupant.
(e)
An owner or occupant with property containing bamboo or other
invasive plant species prior to the adoption of this subsection may
fully remove the bamboo or other invasive plant species in lieu of
the duty to confine. Such removal must conform with the requirements
set forth by the Code Enforcement Officer.
5.
Encroachment. When an encroachment of an invasive plant species is
upon public property or a public right-of-way, at its discretion,
the City of Sea Isle City may remove or contract for the removal of
such invasive plant species from the public property right-of-way.
The cost of such removal shall be the responsibility of the owner
and occupant of the property from which the invasive plant species
originated. The cost of said removal of the invasive plant species
from the public property and/or a public right-of-way shall include
the cost of the installation of an appropriate barrier to prevent
further encroachment by the invasive plant species.
6.
Removal. In the event it is determined that there is an encroachment
or invasion on any adjoining private or public property or public
right of way, the City shall notice the property owner in writing
that the bamboo or other invasive plant species has invaded other
private or public property or public right of way and demand the removal
of the bamboo or other invasive plant species from such other private
or public property or public right of way and the confinement against
future encroachment or the total removal of the bamboo or other invasive
plant species from the owner's property. Notice shall be provided
by certified, return receipt requested mail and regular mail. If the
bamboo or other invasive plant species property owner does not remove
the bamboo or other invasive plant species from such other private
or public property or public right of way within 45 days of the date
of notice, the Code Enforcement Officer shall have the discretion
to issue a citation with a penalty up to $100 for each day the violation
continues, enforceable through the Municipal Court of the City of
Sea Isle City, as well as civil proceedings for injunctive or civil
relief.
7.
Violations and Penalties. Except as otherwise provided in paragraph
6 above, any person, firm, corporation or other entity violating any
of the provisions of this subsection shall, upon conviction thereof,
be subject to a fine of not less than $100 but not more than $1,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any such penalty shall
be in addition to the costs incurred in cutting or removing said brush,
hedges or other plant life described in the notice given by the Code
Enforcement Officer, or his designated representative, of the City
of Sea Isle City. For purposes of this subsection, each day on which
such a condition exists after the expiration of the notice shall be
deemed or constitute a separate offense under this subsection, and
separate complaints may be filed for each such offense.
[Ord. No. 1510 (2011) § 12]
A buffer treatment shall be provided to screen views of surface
parking areas from the street.
a.
A buffer shall have a minimum average width of five (5') feet.
b.
A buffer shall consist of landscape materials, and may include masonry
walls and/or fencing.
c.
When a masonry wall or fencing is used, it shall be of solid construction
and shall be designed to coordinate with the building architecture.
d.
Buffer planting shall include at a minimum five (5) shade trees per
one hundred (100') linear feet of street frontage.
e.
A continuous evergreen hedge shall be provided at a minimum installed
height of thirty-six (36") inches.
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 13]
For all parking lots containing eight (8) or more cars, a landscape
treatment shall be provided within the parking lot to reduce solar
glare, reduce carbon footprint and provide for shade.
a.
One (1) shade tree shall be provided for every eight (8) parking
spaces within the parking lots. This shall be in addition to trees
required as part of buffer plantings.
b.
Shade trees shall be located within the parking lot on curbed islands
of at least six (6') feet wide.
c.
Parking lots covered by the structure above shall meet these requirements
for portions of the parking lot not covered by part of the structure.
[Ord. No. 1510 (2011) § 14]
Landscape planters may be used to incorporate seasonal color
and to provide space of additional plant materials to improve appearance
of site.
a.
Permanent planters may be installed only within the property.
b.
Permanent planters may be located within front yard between the building
facade and the right-of-way in the commercial districts. Permanent
planters along the street frontage shall not exceed twenty-four (24")
inches in height.
c.
Plant materials within permanent planters shall be of a species whose
height will not obstruct the display windows.
d.
Movable planters may be installed within the property and on the sidewalk within the right-of-way subject to approval of the City. These planters shall maintain a minimum six (6') foot clearance on the sidewalk. Moveable planters within the sidewalk street frontage shall select those listed under Section 26-40.
[Ord. No. 1414 § IV; Ord. No. 1510 (2011) § 15]
Persons, corporations and other associations desiring to remove
or otherwise destroy a tree, or trees, on their property, or to move
or remove more than five (5) square yards of soil, shall first apply
to the City of Sea Isle Zoning Officer for a landscaping permit.
a.
Application for a permit must be submitted to the Zoning Officer;
b.
The Landscaping Permit Application shall include a plan that clearly
delineates areas of preservation and proposed landscape treatment.
The application shall also include:
1.
The name, address, and telephone number of the person supervising
the landscaping project;
2.
The name and address of the owner of the premises;
3.
The name and address of the applicant for the permit, if other than
the owner, accompanied by the owner's consent to said application;
4.
Construction details prepared by a certified landscape architect,
licensed professional engineer or other professional proscribed by
State law;
5.
A description by lot and block number of the premises for which the
permit is sought;
6.
A detailed description of the work to be performed, including current
planting areas and proposed planting areas;
7.
The number of trees, shrub or other vegetation to be removed, and/or
the number of shrubs or other vegetation to be added;
8.
The reason for removal or destruction of vegetation;
9.
Projected dates for the beginning and ending of the tree or shrub
removal project, and the construction itself;
10.
Projected dates for the beginning and ending of the implementation
of new trees or shrubs;
11.
Any additional information requested by the Zoning Officer.
c.
The permit application shall be submitted to the Zoning Officer of
the City of Sea Isle City, on an application form as required by the
Zoning Officer. The application shall be submitted with a twenty-five
($25.00) dollar fee for the landscaping permit;
d.
Permits for landscaping approval shall be enforced in conjunction with Section 26-38, entitled Stormwater Management Systems. To the extent there is any inconsistency among Section 26-25 (Landscaping and Buffers) and Section 26-38 (Stormwater Management Systems), Section 26-38 shall supersede Section 26-25;
e.
Landscaping must be done in a manner that is consistent with all other requirements of the City of Sea Isle City rules and regulations. This includes but is not limited to the City of Sea Isle City Sections 26-36 (Impervious Surface Coverage), 26-37 (Certification of Front Yard, Side Yard, Rear Yard, Height Building Coverage and Impervious Surface Coverage Compliance), and 26-38 (Stormwater Management Systems). Accordingly, the use of unnatural materials, including but not limited to plastic, that prevent water from flowing into the ground are hereby prohibited;
f.
Nothing herein shall alter the requirements of the City of Sea Isle
City Zoning and Planning Boards;
g.
A Certificate of Occupancy shall not be granted until the Zoning
Officer has issued the landscaping permit.
[Ord. No. 1414 § V: Ord. No. 1510 (2011) § 16]
No person, corporation, or association shall do, or cause to
be done by others, any of the following acts upon municipal property
within the City of Sea Isle City without a prior permit from the Zoning
Officer:
a.
Cut, damage, destroy, remove or injure any tree;
b.
Cut, disturb or interfere in any way with any tree root or root system;
c.
Spray, place or distribute any chemicals, including but not limited
to salt, which would be deleterious to tree health;
d.
Remove or damage any guard or device placed to protect any tree or
shrub;
e.
Maintain a stationary fire or device that vaporizes noxious fumes
deleterious to tree health;
f.
Remove soil, either for trenching or otherwise;
g.
Construct new sidewalks or driveways with any material whatsoever
within three and one-half (3 1/2') feet of any tree;
h.
Place, or maintain upon the ground, any substance or object impeding
the free access of air and water to a tree's living components; or
i.
Apply any substance to any part of a tree, including roots, with
the intention to injure or destroy a tree.
[Ord. No. 1414 § VI; Ord. No. 1510 (2011) § 17]
a.
Notwithstanding other permit requirements, the Zoning Officer may
grant a blanket permit to utility companies for:
c.
Public utility companies shall exercise reasonable diligence in the
maintenance or removal of trees, shrubs or soil material, so as to
avoid unnecessary damage to trees, shrubs or soil material within
the jurisdiction of the City of Sea Isle City.
d.
City contractors shall act at the direction of the City and will
not be required to obtain a landscaping permit for services rendered
on municipal property in the City of Sea Isle City.
[Ord. No. 1414 § VII; Ord. No. 1510 (2011) § 18]
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 19]
The provisions of this section shall be interpreted and applied
as the minimum requirements for a landscaping permit in the City of
Sea Isle City. No activities requiring the removal of trees or the
movement of soil shall be permitted without first obtaining a valid
permit in accordance with this section, except as otherwise noted.
[Ord. No. 1414 § IX; Ord. No. 1510 (2011) § 20]
a.
The Zoning Officer shall grant or deny the requested permit in consideration
of the following:
1.
Whether the proposed landscaping/tree removal will cause or contribute
to drainage problems, soil erosion, or the loss of tree species;
2.
Whether the proposed landscaping/tree removal will have a substantial
negative impact on the surrounding properties or endanger surrounding
citizens;
3.
Whether the proposed landscaping/tree removal will lead to a loss
of wildlife habitat;
4.
Whether the proposed landscaping/tree removal is a part of an overall
landscape plan for the property;
5.
Whether denial of a permit for the proposed landscaping/tree removal
would create an undue hardship on the applicant.
b.
Exceptions to the requirements of this section may be granted if
reasonable and within the purposes and intent of this section. Exceptions
are appropriate where the literal enforcement of one (1) or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question. A request for special
exceptions must be included in the permit application.
c.
In rendering a decision on a permit application, the Zoning Officer
shall at all times give weight to the basic intent of this section,
which is to limit the adverse effect of tree removal and soil displacement,
while not unduly interfering with the right of a City property owner
to use and enjoy his/her property. The Zoning Officer shall also consider
whether the permit can be granted subject to the imposition of reasonable
conditions that will mitigate the adverse effect of the proposed landscaping/tree
removal.
[Ord. No. 1414 § X; Ord. No. 1510 (2011) § 21]
Enforcement of this section shall be the primary duty of the
Zoning Officer.
[Ord. No. 1414 § XI; Ord. No. 1510 (2011) § 22]
Each violation of this section shall be deemed a separate and
distinct violation. Failure to obtain a landscaping permit will result
in the following:[1]
a.
The issuance of a summons with a fine no less than one hundred ($100.00)
dollars and not to exceed five hundred ($500.00) dollars, per violation;
and/or
b.
Ten (10) hours of community service.
[1]
The City of Sea Isle City Landscaping Permit Application is
included as an attachment to this chapter.
[Ord. No. 1038 § 411.01]
No person shall hereafter erect, alter or reconstruct a fence
or wall on property in any zoning district in the City without first
having obtained a construction permit from the Construction Code Official.
The fee for such permit shall be five ($5.00) dollars for residential
applications, ten ($10.00) dollars for commercial applications and
twenty-five ($25.00) dollars for industrial applications.
[Ord. No. 1038 § 411.02]
All fences and walls shall be erected within property lines,
and no fence or wall shall be located so as to encroach upon a public
right-of-way, excepting decorative fences.
[Ord. No. 1038 § 411.03]
A fixed structure made of wood, wire, metal, or concrete masonry
block units. A concrete masonry fence or wall shall not exceed thirty-six
(36") inches in height from curb level.
[Ord. No. 1038 § 411.04]
Fences erected, altered or reconstructed shall be of the type
hereinafter specified and shall comply with the maximum height limitations
hereinafter set forth. For purposes of this section, fences shall
be measured from the curb level.
a.
Front Yard. Fences located in the area from the front property line
to the front setback line shall not exceed thirty-six (36") inches
in height. For purposes of this section, corner lots shall be deemed
to have two (2) front yards, each extending from the property line
adjacent to the adjoining streets to the front and side setback line,
respectively.
b.
Rear Yard. Fences located in the area from the front setback line
to the rear property line and running across the rear property line
shall not exceed seventy-two (72") inches in height, except a concrete
masonry wall or fence as above specified.
c.
Corner Lots. At the intersection of any two (2) streets, highways,
roads or roadways, no fence other than decorative fences or fencing
of a wire construction having openings no smaller than two (2") inches
and not exceeding thirty-six (36") inches in height or post-and-rail
fences not exceeding thirty-six (36") inches in height shall be permitted
within the triangular area formed by the two (2) intersecting street
lines bounding the lot and by a line connection to a point on each
street line located forty-five (45') feet from the intersection of
said street lines. For the purposes of this section, a street line
shall be deemed to be the curbline, and an intersection shall be deemed
to be the meeting place of the curbline on intersecting streets.
[Ord. No. 1038 § 411.05]
a.
Definition. A fixed structure made of wood and rope which is utilized
for decorative purposes primarily, and which does not function as
a visual screen, nor as a means of providing privacy. Decorative fences
shall not exceed thirty (30") inches in height, measured from curb
level.
b.
Standards. Posts shall consist of timber structures only, which may
be square, rectangular, or circular in shape. Posts shall be spaced
at least ninety-six (96") inches apart, measured from the face of
the post to the face of the post. Posts shall be connected by rope
consisting of untarred hemp, Manilla hemp, New Zealand hemp, nylon,
dacron, polypropylene, or polyester ropes. Minimum rope diameter shall
not be less than three-fourths (3/4") inch.
c.
Encroachments. Special decorative fences shall be permitted beyond
the front property line into the public right-of-way (R.O.W.). Decorative
fences shall be permitted within no more than six (6") inches from
the rear limit of any existing sidewalk located adjacent to the front
of the property in question. In the absence of a sidewalk at the property
in question, the measurement, as set forth above, shall apply, as
though a sidewalk was in place. In that event, the Construction Code
Official shall locate the sidewalk, if none presently exists, and
if necessary, he shall consult with the City Engineer's office concerning
the sidewalk location.
[Ord. No. 1038 § 411.06]
Any portion of a fence construction intended or utilized for
the support of the fence shall be located on the inside of the fence,
facing the principal portion of the tract of land upon which the fence
is erected. The finished portion of the fence shall face the property
or street adjacent to the fence.
[Ord. No. 1038 § 411.07]
There shall be a fence not less than seventy-two (72") inches
in height, or more than seventy-two (72") inches in height, completely
enclosing any below-ground swimming pool and any other swimming pool.
Each gate in a pool fence shall be capable of being locked when not
in use and shall be self latching.
[Ord. No. 1038 § 411.08]
If the Construction Code Official or his/her designee, upon
inspection, determines that any fence or wall or portion of any fence
or wall is not being maintained in a safe, sound, upright condition,
he/she shall notify the owner of the fence or wall, in writing, of
his/her findings, shall state briefly the reasons for such findings,
and shall order such fence or wall or portion of such fence or wall
repaired or removed within ten (10) days of the date of the written
notice. Each day the person fails to obey the order referred to above
shall constitute a separate violation of this section.
[Ord. No. 1038 § 411.09]
a.
The following fences and fence construction materials are specifically
prohibited in all zoning districts in the City: Barbed wire, canvas,
cloth, electrically charged, expandable and collapsible.
b.
Notwithstanding the foregoing, snow fences shall be a permitted fence.
c.
The maximum height of any fence in the City of Sea Isle City shall
be seventy-two (72") inches.
[Ord. No. 1038 § 411.10]
Any fence existing upon the adoption of this chapter may continue
in existence without compliance with this section, except that the
fence shall be kept painted, where applicable, and in good repair.
However, no such fence, once destroyed or removed, shall be replaced
except in conformity with this section.
[Ord. No. 1038 § 411.11]
Because of the type of facilities under the control of the City
of Sea Isle City, this section shall not apply to the City as set
forth in Section 8 of Ordinance Number 1003 (1990).
[Ord. No. 1038 § 412.01]
No space applied or necessary under this chapter to satisfy
the yard requirements in relation to any building, whether now or
subsequently built, shall be counted as part of a yard or other required
open space in relation to other buildings.
[Ord. No. 1038 § 412.02]
No building or part thereof, including decks or open or enclosed
porches, shall extend nearer to a front property line than the mean
distance of setback of the nearest building or buildings, other than
accessory buildings, within one hundred (100') feet on each side of
such building, and fronting on the same side of the same streets where
provided in this chapter. In no instance shall a building in a residential
district be placed nearer to a front property line than fifteen (15')
feet, nor required by the above to be placed more than twenty-five
(25') feet back of the front wall of an existing building.
On corner lots, the front yard requirements shall apply to both
of the street frontages of the lot.
[Ord. No. 1038 § 412.03]
There shall be a rear yard required in all districts. The minimum rear yard in residential districts shall be twenty (20') feet. In commercial districts, the minimum rear yard shall be five (5') feet except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet, except for hotel or motel as provided in subsection 26-56.7.
On corner lots upon which a building is to be constructed as
a continuous unit, the minimum rear yard requirement of twenty (20')
feet shall apply only to the interior lot line parallel to the principal
frontage of the lot. Standard side yard requirements shall apply to
the interior lot line parallel to the secondary frontage of the lot.
In the case of a building lot extending through from street
to street, the minimum front yard requirements shall be observed on
both streets.
For lots plotted on a map for the assessment of taxes of the
City and existing on April 9, 1945, and which have a depth of less
than one hundred (100') feet, the rear yard requirements shall be
reduced by six (6") inches for each foot that such a lot is less than
one hundred (100') feet deep except that no rear yard shall be less
than fifteen (15') feet in residential districts and not less than
five (5') feet in commercial districts.
Standard rear yard requirement shall apply to additions or accessory
building regards of other conditions.
[Ord. No. 1038 § 412.04]
There shall be two (2) side yards in all residential districts
with a total width of not less than fifteen (15') feet, with a minimum
of five (5') feet for any one (1) yard, except that for each foot
a lot existing at the time of enactment of this chapter is less than
fifty (50') feet wide, the total width of the two (2) side yards may
be reduced by six (6") inches per foot to a total width of not less
than fourteen (14') feet. In the case of a corner lot that is less
than fifty (50') feet wide, the exterior side yard shall have a minimum
width of not less than fourteen (14') feet and the interior side yard
shall have a width of not less than five (5') feet.
[Ord. No. 1038 § 412.05]
In nonresidential districts having a mixture of residential
and other uses, the more restrictive yard requirements shall apply
for the entire structure.
[Ord. No. 1038 § 412.06; Ord. No. 1268 § I; Ord. No. 1591 (2016) § 2; Ord. No. 1599-2017]
a.
Yard Encroachment. No encroachments shall be permitted regarding any yard, except the eaves of the roof and signs as specified in Section 26-28.
b.
Terraces and Patios. Terraces and patios of residential uses are
not permitted to extend into required front or side yards.
c.
Fire Escapes and Stairways. Fire escapes and stairways are not permitted
to extend into required front, side or rear yards.
d.
Enclosed Porches. No front yard or side yard requirements of this
chapter shall prevent the glass enclosing of existing open front or
side porches; provided, however, that such enclosure does not cause
the total structure on the lot to exceed the allowable limits of the
building coverage or floor area ratio of the lot.
e.
Architectural Enhancements. Setback encroachment allowance for certain
architectural features.
1.
In all yards that are seven feet (7') or greater in width, projections
for decorative, ornamental or canopy overhangs over exterior doors
or windows shall be permitted to extend up to two feet (2') into the
yard setback over the exterior doors or windows. All overhangs in
all yards shall be a minimum of five feet (5') from the property line.
2.
In side yards that are six feet six inches (6'6") or greater in width,
projections shall be permitted up to eighteen inches (18") in depth
and eight feet (8') in length. Any projections must be separated by
seven feet (7'). All projections into side yards shall be a minimum
of five (5') feet from the property line. All measurements herein
shall be as measured on the exterior of the structure.
 |
3.
In corner lot yards, with two (2) front yards, where the yards are
six feet six inches (6'6") or greater in width, projections shall
be permitted up to eighteen inches (18") in depth and eight feet (8')
in length. Projections shall be limited to two (2) yards where these
projections are encroaching into the permitted setback. Any projections
must be separated by seven feet (7'). All measurements herein shall
be as measured on the exterior of the structure.
f.
No encroachment other than roof eaves shall be provided for except
as in paragraph e above.
g.
Planters. The maximum height of planters shall be three (3') feet.
Planters are not permitted in side yards.
[Ord. No. 1038 § 412.07]
a.
No detached garage, detached carport or other accessory building
shall be placed nearer to an interior side lot line or rear lot line
than five (5') feet or closer than ten (10') feet to the main building
in any district.
b.
No detached garage, detached carport or other out-building shall
be placed nearer to a front street curbline than sixty (60') feet,
or nearer to a side street curbline than a distance equal to one-half
(1/2) the width of the lot. Attached garages or carports shall be
considered as part of the main building when measuring the front,
side and rear yards, except in the case of a lot less than eighty-three
(83') feet deep and existing at the time of this enactment. Such garage,
carport or other accessory structure may be brought forward on the
lot to a point not less than ten (10') feet to a side window of a
house on the adjacent property (distance to be measured from a line
drawn perpendicular to the side lot line), or not closer to the front
street curbline than forty (40') feet when no house exists on the
adjacent lot; provided, however, that on a lot less than eighty-three
(83') feet deep no detached garage or other accessory structure shall
be more than five (5') feet from the rear property line.
[Ord. No. 1038 § 412.08]
Where a court is provided to furnish light and air to rooms
to be used for dwelling purposes, the least dimensions of such courts
shall be as follows:
a.
No outer court shall be less than six (6') feet wide or, at any level,
less than six (6") inches wide for each foot of height of such level
above the sill of the lowest window served by it. No outer court shall
have a depth greater than twice its width.
b.
No inner court shall be less than ten (10') feet wide or, at any
level, less than nine (9") inches wide for each foot of height of
such level above the sill of the lowest window served by it.
[Ord. No. 1492 (2010) § III]
a.
Purpose. The purpose of this section is to promote and protect the
public health, safety and welfare. As such, it will provide a more
attractive residential and commercial climate within all areas of
the City. This code is intended to create a more attractive business
climate by regulating signage to work with public improvement projects
such as the excursion park, beach to bay corridor, bay front, boardwalk,
etc. This code seeks to enhance and protect the physical appearance
of all areas by reducing the obstructions and hazards to pedestrian
and auto traffic caused by indiscriminate placement and use of signs.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1038 and 1431.
[Ord. No. 1492 (2010) § IV; Ord. No. 1568 (2014) § 1]
Shall mean a temporary or portable roof-like covering that
projects from the wall of a building for the purpose of shielding
openings from the elements.
Shall mean any sign intended to be hung either with or without
frames, possessing characters, letters, illustrations or ornamentation
applied to paper, plastic, or fabric of any kind. National flags,
flags of political subdivisions and symbolic flags of any holiday,
season, institution, or business shall not be considered banners for
the purpose of this section.
Shall mean any light with one (1) or more beams, capable
of being directed in any direction or directions or capable of being
revolved automatically.
Shall mean temporary signs, in the nature of seasonal decorations
clearly incidental to and customarily and commonly associated with
any national, local, or religious holiday or observance.
Shall mean a sign giving the nature, logo, trademark or other
identifying symbol, address, or any combination of the name, symbol
and address of a building, business, development, or establishment
on the premises where it is located.
Shall mean the juncture of the roof and the perimeter wall
of the structure.
Shall mean any object, device, display or structure, or part
thereof, visible from the street or from any other property, situated
outdoors or indoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figure, design, symbols, fixtures, colors, illumination
or projected images
Shall mean the rectangular, continuous area on the wall of
a building, which extends from the top line of window and doors on
the first floor and the bottom line of the second floor, windows,
roof, or cornice above, in an area that is uninterrupted by windows,
architectural details or openings.
Shall mean the area of a sign, which is computed by multiplying
the greatest width of the sign face by the greatest height of the
sign face. The sign area shall include the sign face and any framing,
trim, or molding, but shall not include the supporting structure.
Shall mean a type of portable sign capable of standing without
support or attachment, which when viewed perpendicular to the message,
resembles the shape of the letter "A."
 |
Shall mean any sign or part of a sign, which changes physical
position by any movement or rotation or which gives the visual impression
of such movement or rotation.
Shall mean a sign that is mounted to, painted on, or attached
to an awning that is otherwise permitted by this section.
Shall mean a sign painted on, located on, or attached to
any part of the surface of a bench, seat, or chair placed on or adjacent
to a public place or roadway, excluding City benches regardless of
any wording on a City bench.
Shall mean a sign which contains a commercial message and
which directs attention to a business, commodity, service or entertainment
conducted, sold or offered at a location other than the premises on
which the sign is located.
Shall mean a sign which contains a commercial message and
which directs attention to a business, commodity, service or entertainment
conducted, sold, or offered at a location other than the bus stop
or bus shelter on which the sign is located.
Shall mean a sign that is mounted to or painted on, or attached
to a canopy that is otherwise permitted by this section.
Shall mean a sign that is designed so that characters, letters
or illustrations can be changed or rearranged without altering the
face of or the surface of the sign.
Shall mean a sign which contains messages of civic groups,
churches or places of worship, and local special events which directs
attention to a church or place of worship, facility, event, club or
organization.
Shall mean a temporary sign erected on the premises on which
construction is taking place, during the period of such construction,
indicating the names of architects, engineers, landscape architects,
contractors, or similar artisans, and the owners, financial supporters,
sponsors and similar individuals, or firms having a role or interest
with respect to the structure or project.
See Sign, "yard sale" and Sign, "yard sales, directional."
Shall mean signs limited to directional messages, principally
for pedestrian or vehicular traffic, such as "one-way," "entrance,"
and "exit." Window signs such as those that indicate hours of operation,
credit card acceptance and business affiliations are considered as
informational signs. No sign with a commercial message legible from
a position on the street shall be considered directional or informational.
Shall mean signs listing the tenants or occupants of a building
or group of buildings. The respective professions or business activities
may also be included as part of the sign.
See Sign, wall.
Shall mean the area or display surface used for the message.
Shall mean any immovable sign not affixed to a building.
Shall mean a sign containing only the name and occupation
of a permitted home occupation.
Shall mean a sign lighted by or exposed to artificial lighting
either by lights on or in the sign or directed towards the sign.
Shall mean any display or object capable of being expanded
by air or other gas and used on a permanent or temporary basis to
advertise a product or event.
Shall mean a sign that is mounted, or painted on, or attached
to a marquee that is otherwise permitted by this section.
Shall mean memorial signs or tablets, names or building and
date of erection when cut into any masonry surface, integral to the
construction of a building, or when constructed of bronze or other
incombustible material mounted on the face of a building, bench, or
other structure.
Shall mean signs which identify any type of housing development
by name.
Shall mean any sign that does not conform to the regulations
of this section.
See Sign, billboard.
Shall mean an on-premises sign which identifies that a realtor
or homeowner is conducting an "open house" at that residence.
Shall mean an off-premises sign directing the public to a
residence where a realtor or homeowner is conducting an "open house."
Shall mean a temporary sign announcing or supporting political
candidates or issues in connection with any national, State or local
election.
Shall mean a sign that is not permanent, affixed to a building,
structure or the ground such as an "A" frame, sandwich, or swinger
sign. Determination of the Construction Official or his designated
representative as to whether a sign is portable shall be controlling.
Shall mean a sign that is wholly or partly dependent upon
a building for support and which projects more than twelve (12") inches
from such building.
Shall mean a sign pertaining to the sale, rent or lease of
the premises, or a portion of the premises, on which the sign is located.
Shall mean a sign located in a district zoned for residential
purposes that does not contain any commercial message except for goods
or services legally offered on the premises on which the sign is located.
See Sign, home occupation.
Shall mean a sign mounted on or above the roof of a building.
A sign that projects above the top walk or edge of a building with
a flat roof, above the eave line of a building with a gambrel, gable,
mansard or hip roof.
Shall mean any sign sponsored by the Federal, State, County
or local government and any sign sponsored by an agency, nonprofit
group, public fundraising event required to notify the organizers,
participants or general public of an event, parade route, or other
route such as a run or walk for charity or other semi-public or public
purpose.
Shall mean any banner sign which is stretched across and
hung over a public right-of-way.
Shall mean a sign hanging down from a marquee, awning, canopy,
porch or roof overhang that would otherwise exist without the sign.
Shall mean a portable sign capable of standing without support
or attachment, which when viewed perpendicular to the message, resembles
the shape of the letter "T," inverted. In no case shall swinger signs
be permitted to actually swing.
Shall mean a sign constructed of paper, cloth, canvas, plastic,
plywood, or other lightweight material intended to be displayed for
a short period of time, normally less than thirty (30) days.
Shall mean a sign or portion of a sign whose sole purpose
is to indicate the time and/or temperature.
Shall mean a sign affixed to ground plant or vegetation to
identify the vegetation and/or commemorate a person or event.
Shall mean a sign fastened to or painted on the wall of a
building or structure in such a manner that the wall becomes the supporting
structure for, or forms the background surface of the sign and which
does not project more than twelve (12") inches from such building
or structure.
Shall mean a sign that is applied to or attached to the exterior
or interior of a window or located in such manner within a building
that it can be seen from the exterior of the structure through a window.
Shall mean an on-premises sign which identifies that an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate or rummage sale, at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales excluded.
Shall mean an off-premises sign directing the public to a residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales are excluded.
Shall mean a temporary group of small decorative flags strung
on a flexible cord or string designed to attract attention to the
property.
[Ord. No. 1492 (2010) § V]
a.
A permitted professional office or approved home occupation, may
have one (1) sign not to exceed four (4) square feet and shall be
set back a minimum of three (3) linear feet from all property lines.
b.
A church or nonprofit organization may have two (2) signs not to
exceed a total of thirty-two (32) square feet displayed on the property.
One (1) sign may be an identification sign and one (1) sign may be
a changeable copy sign. All signs shall be a minimum of three (3')
feet from any property line.
c.
Real estate advertising signs not larger than six (6) square feet
in area may be placed temporarily on properties advertising the same
for sale. There shall be allowed no more than (2) advertising signs
on any one (1) property showing "For Sale" or "For Rent" or "For Lease"
and each such sign shall be limited to no larger than six (6) square
feet in area. Such signs, including "Sold" signs, shall be removed
within thirty (30) days from the date of sale of the property.
[Ord. No. 1492 (2010) § VI]
All signs in the business and commercial districts may be lighted.
a.
Signs advertising businesses conducted in a building on which a sign
is erected may be sixty (60) square feet in area, or twenty (20%)
percent of the gross area of the first two (2) floors of the front
of the building devoted to such business or commercial use, whichever
is greater. In the latter case, the sign area shall not exceed eighty
(80) square feet. Where a two (2) faced sign is used, the area of
one (1) side only shall be computed for the square footage thereof
if both sides of such sign are identical. No more than three (3) signs
per unit shall be permitted in a multiple dwelling structure.
b.
No sign shall extend over the sidewalk area of the public street
or over any other public right-of-way a distance greater than three
and one-half (31/2') feet, and the lowest portion of any such sign
shall be erected at least ten (10') feet above the sidewalk or public
right-of-way. No such sign shall be placed in any manner which would
interfere with the rights of the public to the free and uninterrupted
use of any such sidewalk or public right-of-way.
d.
In no case shall any sign or portion of any sign project above the
roof eave line or coping or project more than thirty (30') feet above
the elevation of the curb, whichever is greater.
e.
Signs may be illuminated provided that the illumination shall be
properly focused upon the sign itself so as to prevent glare upon
the surrounding area.
f.
Mobile signs shall be subject to any other applicable ordinances
of the City or statutes of the State.
g.
Red and green lighted signs shall not be permitted within fifty (50')
feet of a signaled intersection.
h.
No off-premises business sign permitted.
i.
Real estate advertising signs not larger than six (6) square feet
in area may be placed temporarily on properties advertising for sale
of same. There shall be allowed no more than two (2) advertising signs
on any one (1) property showing "For Sale" or "For Rent" or "For Lease"
and each such sign shall be limited to no larger than six (6) square
feet in area. Such signs, including "Sold" signs, shall be removed
within thirty (30) days from the date of sale of the property.
j.
Freestanding Signs.
1.
Where permitted, one (1) freestanding sign shall be permitted at
a rate of one (1) square foot of sign (per side), for every three
(3) linear feet of street frontage. Freestanding signs shall not exceed
a total maximum area of thirty (30) square feet per side.
2.
Freestanding signs shall be located a minimum of five (5') feet from
all property lines.
3.
Freestanding signs shall be no higher than fifteen (15') feet above
ground level, and shall have no more than two (2) sides.
k.
Temporary banners, limited to one (1) at a time, at least seven and
one-half (7 1/2) feet above grade and not greater than thirty-six
(36) square feet in total area, shall be permitted for seasonal or
temporary sales for fourteen (14) days prior and three (3) days after
the seasonal or temporary sale.
l.
Projecting
signs may not project more than sixty (60") inches from the exterior
wall of the building.
m.
Suspended signs may not extend farther away from the exterior wall
of the building than the structure from which it is supported. In
no case shall the suspended sign be greater than five (5') feet from
the exterior wall of the building.
n.
One (1) etched or painted permanent window sign shall be permitted
in windows of any retail or commercial business, providing it does
not exceed twenty-five (25%) percent of the window area.
o.
One (1) awning or canopy sign shall be permitted on the vertical
fringe of the awning or canopy providing the maximum letter height
does not exceed eight (8") inches. Under no circumstances shall the
awning or canopy be internally illuminated.
p.
Changeable copy signs are permitted.
q.
Time and temperature signs are permitted but in no case shall the
area of such signs exceed the maximums permitted.
r.
Neon or gas tubing signs are permitted and subject to the following
conditions:
1.
Neon or gas tubing attached to facades and roof lines to accentuate
architectural elements is considered to be a sign by definition in
the ordinance. A development application to the Planning Board and
Zoning Board is required to seek approval of neon tubing used as an
architectural element. In no case shall any neon or gas tubing exceed
an initial output of two hundred (200) lumens.
2.
No neon or gas tubing sign may revolve, flash or display movement
or the illusion of movement.
3.
Neon or gas tubing signs can be installed in windows but shall not
exceed twenty-five (25%) percent of the total window area. The area
of neon signs is calculated by creating a rectilinear area around
the sign and calculating the sign area within the rectilinear space.
4.
Whenever a parcel in the commercial district is directly across the
street from residential districts as shown on a map of Sea Isle City,
neon and gas tubing signs are prohibited.
5.
All neon or gas tubing signs are required to have an initial output
of less than two hundred (200) lumens.
s.
The City specifically recognizes the unique character and signage
located in and around the area of the City commonly known as "Fish
Alley." This section is intended to enhance and preserve this area
of the City with its lobster, fish and other unique signage by legalizing
such signage.
1.
Fish Alley" is defined as that commercial area from:
(a)
42nd Place, south side running Park Avenue to the bay:
Block 41.05 Lots 12-62.
(b)
Park Avenue from 42nd Place running south, both sides to 44th
Street, south side:
Block 41.05 Lots 1-11,
Block 43.05 Lots 1-11,
Block 42.04 Lots 1, 2, 3, 4.01, 17, 18, 19, 20, 21,
Block 43.04 Lots 1, 2, 3.01, 3.02, 4, 17, 18, 19
(c)
43rd Place from Park Avenue to the bay, both sides:
Block 42.05 Lots 1-43,
Block 42.06 Lots 1-40
2.
Any commercial signage within this area shall comply with the criteria
of this sign section with the exception of one large signature sign
per lot. Such signature sign shall be creative in shape and size,
depicting the fish alley heritage, and be a minimum size of forty
(40) square feet to a maximum of eighty (80) square feet. Sign must
be illuminated from interior. This sign is in addition to any other
sign permitted by this section.
[Ord. No. 1492 (2010) § 7; Ord. No. 1568 (2014) § 2]
a.
Public Use.
1.
In P1 and P3 Districts there are no restrictions on placement, number, size, etc., of City signs. No signs other than City signs permitted. Portable Signs are permitted on the Promenade consistent with Chapter 26, Section 26-28.5c8(b).
2.
In P2 and B1 Districts there shall be no signs.
[Ord. No. 1492 (2010) § VIIII; Ord. No. 1568 (2014) § 2]
a.
No sign, other than exempt signs set forth in paragraph c below,
shall be erected without first obtaining a sign permit from the Zoning
Officer. Permit applications shall be accompanied by a plan, drawn
to scale, showing details of the sign, type of illumination, type
of materials, colors, its size and location on the building and/or
lot.
b.
All development applications shall submit all signs for all commercial space/uses to be fitted out and occupied immediately upon issuance of a Certificate of Occupancy to be approved by the Planning Board or Zoning Board consistent with the Site Plan Review Ordinance, Chapter 30. Signs for all commercial space/uses not approved by a Board at the time of Site Plan Review shall obtain approval from the appropriate Board prior to fit out, or occupancy, subject to application of Site Plan waiver pursuant to Chapter 30, subsection 30-2.2a7. Either Board shall have the authority to vary requirements of this section consistent with land use law.
c.
Exemptions. The following signs are permitted in any zone without
prior approvals:
1.
Real estate rental or sale sign consistent with this section.
2.
One (1) nonilluminated construction sign is permitted on any premises
for which a zoning or construction permit has been issued, which sign
shall be removed within seven (7) days of either the completion of
construction or the issuance of the final Construction Department
Certificate of Occupancy, or final Construction Department inspection
of the project to which the sign relates, whichever comes first.
3.
Decorations for a recognized officially designated holiday or casual
observance provided that they do not create a traffic or fire hazard.
4.
Official municipal, County, State or Federal governmental signs.
5.
Political signs are permitted on private property throughout the
City provided that they do not create a traffic or fire hazard. All
political signs shall be removed no later than two (2) days after
election.
6.
Signs denoting the name and address of the occupants of the premises,
which signs shall not exceed two (2) square feet in area.
7.
Signs for a demolition sale that has obtained a permit. Such signs
may not exceed three (3) square feet and shall not be attached to
trees or utility poles. Demolition sale signs may not be erected more
than three (3) days prior to such sale, and must be removed immediately
after the sale.
8.
(a)
Portable signs, including a swinger, "A" frame or sandwich sign,
no larger than eight (8) square feet when, utilized to advertise daily
specials, special events, restaurant menu specials and the like, providing
the sign is only displayed when the establishment is open for business.
These signs shall be located on the property to which they relate
and under no circumstances shall these signs impede pedestrian flow
or be located in a sight triangle.
(b)
Portable signs as defined in subsection 26-28.1 will be permitted on the Promenade provided all requirements are met as defined below in this section. This section prohibits the use of "A" Frame signs or sandwich signs on the Promenade. Portable signs on the Promenade shall expire on May 1, 2015. Until then, notwithstanding any provision to the contrary in this section, one (1) portable sign shall be permitted in front of a place of business along the Promenade in the public right-of-way as defined by this section, provided they comply with the following provisions:
(1)
Each place of business
holding a mercantile license along the Promenade is allowed one (1)
sign and in no case shall a place of business along the Promenade
be allowed more than one (1) sign and shall comply with paragraph
c herein.
[a]
Insurance. No portable sign shall be placed in
the City right-of-way along the Promenade without providing the City
with proof of the following:
[1]
Insurance. Each applicant must supply the City
with a certificate of insurance to hold harmless the City, showing
limits of not less than one million ($1,000,000.00) dollars bodily
injury and property damage, combined single limit of liability; and
for any establishments that are permitted to allow or sell alcoholic
beverages, the applicant shall also provide for liquor liability insurance
with not less than two million ($2,000,000.00) dollars bodily injury
and property damage, combined single limit of liability. The City
must be added to the liability insurance policy of any business displaying
a portable sign as allowed by this section along the Promenade, as
an additional insured. The policy or policies of insurance must be
with a company or companies authorized to do business in the State
of New Jersey and shall be delivered to the City, with evidence of
payment of premiums therefor.
The City shall be designated by business owner to be notified
by the insurance company in the event of cancellation of insurance
for any reason.
[b]
Hold Harmless Agreement. Business owners displaying
a portable sign as permitted by this section along the Promenade must
also agree to save, hold and keep harmless and indemnify the City
from and for any and all payments, expenses, costs, attorney fees
and from any and all claims and liability for losses or damage to
property or injuries to persons occasioned wholly or in part by or
resulting from any acts or omission by the business owner or the business
owner's agents, employees, guests, licensees, invitees, assignees
or successors, or for any cause or reason whatsoever arising out of
or by reason of the use of the City's right-of-way along the Promenade
by the business owner and the conduct of the owner's business within
that portion of the Promenade area for which a portable sign is displayed
as permitted by this section was granted to the respective business
owner. The action by the business owner of placing the portable sign
in the City's right-of-way along the Promenade as permitted by this
section shall be deemed conclusive evidence of the business owner's
agreement to indemnify the City as aforesaid. However, in addition,
the business owner shall execute and deliver a hold harmless agreement
to the City, in a form supplied by the City, prior to placement of
any sign.
(2)
Sign shall be located on the Promenade along the west railing
not to extend out more than thirty-six (36") inches from said railing.
(3)
The location of the sign must not be in front of any beach entrance,
boardwalk ramp, bench or trash can, not block or restrict passageway
along the Promenade or block the ingress/egress to any building. Signs
shall be located within the proximity of the business owner's front
door. No sign shall be located within ten (10') feet of another sign.
(4)
Portable signs located on a public right-of-way shall not violate
the requirement of the Americans with Disability Act (ADA) as amended
from time to time.
(5)
The sign shall not exceed three and one-half (3 1/2) feet
in height nor two and one-half (2 1/2) feet in width, with a
total square footage not to exceed the permitted area as allowed in
paragraph c, herein.
(6)
All signs shall be maintained by the owners of the sign at all
times, in a clean, neat and attractive condition and in good repair.
The area around the sign shall be kept free of debris and litter at
all times.
(7)
The sign must be temporary and readily removable without any
damage to the surface of the Promenade, adequately weighed so as not
to move easily and shall not be permitted to have any material(s)
attached to it or hanging from it such as but not limited to flyers,
ribbons, balloons, streamers, electrical components, speakers, it
shall not be illuminated, animated, or anything of the like in any
way.
(8)
The owner of the sign shall ensure that it does not blow around
by bringing the sign in when weather conditions occur that would cause
the sign to be blown around or by designing a sign of durable materials
designed to withstand the types of exterior conditions that come to
the Promenade.
(9)
Examples of the types of portable signs anticipated by this
section are shown below.
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(10)
The advertising of alcoholic beverages shall not
be permitted on portable signs. No picture or drawings of alcoholic
beverages shall be permitted on the portable sign.
(11)
The sign is allowed only during the sign owner's
business hours and must be moved inside when the business is not open.
(12)
No signs shall be placed anywhere on the Promenade
during special events on the Promenade and/or when directed by the
Construction Official.
(13)
Any disputes over location of signs shall be resolved
by the Construction Official whose determination shall be final. The
Construction Official shall have the right to require the relocation
of any sign deemed to be an interference with public use of the Promenade.
(14)
Signs shall comply with all applicable City, State
and Federal Laws and regulations.
9.
Restaurant menus when displayed in a glass case affixed to the exterior
building wall for that purpose, or when displayed on a signboard located
in close proximity to the restaurant entrance located on private property.
The area of the signboard or display case shall not exceed the menu
size by more than thirty (30%) percent, and shall not be greater than
four (4) square feet.
10.
Temporary window signs shall not impede a clear view through the
total storefront window area, and shall be promptly removed upon termination
of the sale or event, and shall not be displayed for longer than one
hundred twenty (120) days.
11.
Directional and informational window signs including hours of operation,
credit card acceptance, and business affiliations are considered informational
signs and are not included in the twenty-five (25%) percent maximum
permitted window sign area. No sign with a commercial message legible
from a position on the street shall be considered directional and
informational.
12.
Open house directional signs, open house signs and streamers/pennants may be posted. Balloons are permitted. Helium filled balloons are prohibited. Open house directional signs and open house signs shall have a face no greater than six (6) square feet and a height no greater than six (6') feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs may be posted at nearby intersections and within the public right-of-way (between curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on premises along with an open house sign posted in accordance with this subsection and hanging no lower than seven and one-half (7 1/2') feet from grade. Open house directional signs, open house signs, streamers/pennants and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on premises and shall hold an open house for no longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, streamers/pennants, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties set forth under Section 26-90.
13.
Signs defined as "yard sale" and "yard sale directional signs" which
do not include open houses, may be posted in accordance with this
subsection only if the sponsor has a current permit for the "yard
sale." Balloons are permitted. Helium filled balloons are prohibited.
Yard sale directional signs and yard sale signs shall have a face
no greater than three (3) square feet and a height no greater than
three (3') feet and must be constructed of materials that will collapse
or crush easily to avoid injury if a person contacts it. One (1) sign
per intersection to a maximum of two (2) signs total may be posted
at nearby intersections and within the public right-of-way (between
the curb and the sidewalk). Yard sale signs and yard sale directional
signs shall be posted only from 7:00 a.m. to 5:00 p.m. daily and a
representative of the sponsor is present on the premises and must
be removed promptly when the sale is over.
14.
Temporary banner signs on buildings promoting functions of nonprofit
organizations shall be permitted one hundred twenty (120) days prior
to the event and shall be removed three (3) days after the event.
These signs shall not exceed thirty-two (32) square feet.
[Ord. No. 1492 (2010) § IX]
All signs, which are not expressly permitted or exempt from
regulation in accordance with this chapter, are prohibited. The following
are examples of signs, which are expressly prohibited:
a.
Signs on JFK Boulevard median islands other than traffic safety,
directional, public warning signs and special event signs;
b.
Signs hung or attached to Boardwalk railings;
c.
Beacons;
d.
Tethered balloons;
e.
Signs using red, yellow and green lights, which mimic the operation
of any traffic control signal;
f.
Signs using the words such as "stop," "look," "danger," which are
placed to constitute a traffic hazard or interfere with the free flow
of traffic;
g.
Roof signs or signs mounted on the roof;
h.
Vehicles or trailers located to serve as a sign in circumvention
of this section;
i.
Signs which present lewd language or graphic sexual depictions;
j.
Bench signs, which display a commercial message;
k.
Bus shelter signs;
l.
Temporary signs of builders, architects, engineers, developers, contractors,
mechanics, painters, paperhangers, and/or artisans, except where expressly
permitted;
m.
Any signs on trees or utility poles;
n.
Signs worn on a person, with both a front and back panel, commonly
referred to as a "sandwich board;"
o.
Signs painted or attached to a motor vehicle, trailer, or other portable
device which is so located or so placed as to be intended to be used
as an advertisement or billboard.
[Ord. No. 1492 (2010) § X]
The purpose of this section is to promote the unique scenic
beauty of the City of Sea Isle City. Specifically, N.J.A.C. 16:41C-1
et seq., entitled Roadside Sign Control and Outdoor Advertising, prohibits
billboards and off-premises signs adjacent to the Garden State Parkway,
scenic areas, and in residential areas. Whereas there are no highways
located in or adjacent to the City, and whereas residential districts
are located in proximity to commercial districts and there are no
industrial districts located in or adjacent to the City, the City
of Sea Isle City hereby prohibits all billboard and/or off-premises
signs.
[Ord. No. 1038 § 414.01]
All uses shall design lighting to prevent glare beyond property
lines.
[Ord. No. 1038 § 414.02]
For all uses the maximum height of freestanding lights shall
be twenty-five (25') feet.
[Ord. No. 1038 § 414.03]
For all uses the following intensity standards shall apply:
A minimum of three-tenths (0.3) foot candle anywhere in the area to
be illuminated, and shall average a minimum of five-tenths (0.5) foot
candle over the entire area.
[Ord. No. 1038 § 414.04; Ord. No. 1510 (2011) § 23]
Lighting shall additionally be designed to:
a.
Blend with the architectural style of buildings.
b.
Provide for safe movement of pedestrians and vehicles, and shall
include low or mushroom type standards along pedestrian walkways or
wall hung fixtures.
c.
Lighting standards of all rights-of-way should meet the Illuminating
Engineering Society (IES) photometric requirements.
d.
The types of lights and fixtures used on the site should be consistent
throughout.
1.
Sternberg Lighting's Ripon A 1130A, 150 watt, colored black or Reno
1910-508-5, 100 watt, colored black or approved equivalent shall be
installed.
2.
Bollards are recommended to be used to light pedestrian areas. Sternberg
Lighting's 7701 LB Birmingham 70 watt high pressure sodium with a
four (4) foot mounting height, colored black or approved equivalent
shall be installed.
e.
Not create a hazard to vehicular traffic within in the public street.
[Ord. No. 1038 § 415.01; Ord. No. 1477 (2010) § II]
The use of satellite television antennas in the City is hereby
permitted as a conditional use in all zoning districts. No such antenna
shall be erected, constructed, altered or maintained in any district
and/or on any lot without complying with the conditions of this section
and all other sections of this chapter.
[Ord. No. 1038 § 415.02; Ord. No. 1477 (2010) § II]
Conditions governing the use of satellite television antennas:
a.
No more than one (1) antenna is permitted on any residential lot.
b.
Antennas are to be located in the rear yard of all residential lots.
In no instance shall an antenna be located in a front yard or a side
yard.
c.
All antennas shall be set back from all side yard and rear property
lines by at least five (5') feet. In no instance shall any portion
of the antenna be located closer than five (5') feet from all side
yards and rear property lines.
d.
All antennas are to be "ground mounted." Specifically, no antenna
is to be mounted upon or placed upon the roof of any structure.
e.
No portion of an antenna is to exceed eighteen (18') feet in height
as measured from the existing ground level. Satellite television antenna
foundations are to be designed so that the antenna can withstand winds
of one hundred (100) miles per hour. Prior to the installation of
the antenna, certification that the antenna can withstand winds of
one hundred (100) miles per hour shall be submitted to the City by
a professional engineer licensed by the State.
f.
The maximum diameter of an antenna shall not exceed ten (10') feet.
All antennas are to be properly screened with landscaping so as to
minimize the view of the antenna from adjacent properties and streets.
One (1) example of properly screening an antenna with landscaping
would be evergreen plantings planted four (4') feet center to center,
which plantings would be between four (4') and five (5') feet high
at the time they are planted.
g.
In no way will this section prohibit or restrict the installation,
maintenance or use of antennas used to receive video programming.
This applies to video antennas including direct-to-home satellite
dishes that are less than one (1) meter (39.37") in diameter as pursuant
to rule 47 CFR 1.4000.
[Ord. No. 1477 (2010) § III]
a.
The primary purpose of a solar energy system will be to provide power
for the principal use of the property wherein said system is to be
located and shall not be for the generation of power for commercial
purposes for resale.
b.
Solar energy systems shall only be permitted as an accessory use
on the same lot as the principal use. All solar energy systems require
approval from the Zoning Officer and the local Construction Officer
prior to installation. Applications for an energy system shall include
information demonstrating compliance with the provisions of this subsection.
In the event that the Zoning Officer or Construction Office does not
believe the provisions of this subsection will be satisfied, an applicant
may request and/or file a variance application from the City's Zoning
Ordinance, as amended, as applicable.
c.
Applicability of Section. This section shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system and/or property situated with the solar
energy systems. Said approval shall cover the location of the system
as shown on the plan submitted as part of the application for approval.
For systems intended for uses other than the ones stated, the City's
Planning Board or Zoning Board approvals shall be required. Any solar
energy systems installation not meeting the requirements or contents
of this section shall submit a variance plan to applicable Planning
or Zoning Board for consideration.
[(Ord. No. 1477 (2010)
§ IV]
a.
Solar Energy Systems.
1.
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of twelve (12") inches from the surface of the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels greater than one (1') foot to what is permitted in the zoning district, which they are located for the principal building. Building height is defined in each district of the Zoning Ordinance, Chapter 26. Panels installed in a rooftop configuration must be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof.
2.
Any solar panels and/or arrays mounted on a pole, tower and/or ground
mounted apparatus or array of any size is prohibited under this section.
b.
The design of solar energy systems shall, to the extent reasonably
possible, including but not limited to rooftop installations, interconnection
cabinets, etc., use materials, and colors, textures, screening and
landscaping that will blend into the natural setting and existing
environment.
c.
Rooftop installations must not interfere with any operation of plumbing
fixtures protruding from the rooftop level as required by the New
Jersey Plumbing Codes.
d.
Signs. There shall be no signs that are visible from any public road
posted on a solar energy system or any associated building, except
for the manufacturer's or installer's identification in accordance
with paragraph g below, appropriate warning signs, or owner identification.
Solar energy systems shall not be used for displaying any advertising
except for small and reasonable identification of the manufacturer
or operator of the system. In no case shall any identification sign
be visible from a property line.
e.
Utility Notifications and Interconnection. Solar systems that connect
to the electric utility shall comply with the New Jersey's Net Metering
and Interconnection Standards for Class I Renewable Energy Systems
at N.J.A.C. 14:4-9.
1.
Labeling Requirements. A minimum of one (1) sign shall be posted
near ground level on the interconnection cabinet warning of high voltage.
In addition, the following information shall be posted on a label
or labels on the interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number, serial number
and model number.
(d)
Emergency and normal shutdown procedures.
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter in order to notify emergency
personnel of the solar energy system.
2.
Utility Company Notification. The Atlantic City Electric Company,
its successors and assigns, and/or as designated by State authority,
shall be notified in writing of any proposed interface to the Company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of solar energy systems so as
to comply with the Utility Tariff specifications. Evidence of such
notification shall be submitted at time of application for zoning
permit and/or building permit.
f.
Standards for and Regulation of Solar Energy System.
1.
Construction. Solar energy system construction shall be in accordance
with the appropriate sections of the Basic Building Code as adopted
and as currently amended, by the State of New Jersey, and any future
amendments and/or revisions to same.
2.
The installation of a solar energy system shall conform to the National
Electric Code as adopted by the NJDCA and/or any other applicable
agency with jurisdiction. The installation of a solar energy system
is subject to any and all Atlantic City Electric Company requirements
for interconnection, its successors and assigns, and/or as designated
by State authority, in perpetuity.
3.
The structural design of any solar energy system shall be signed
and sealed by a professional engineer, licensed in the State of New
Jersey, certifying that the structural design complies with all of
the standards set forth for safety and stability in all applicable
codes then in effect in the State of New Jersey and all sections referred
to hereinabove.
4.
Utility Company Notification. The Atlantic City Electric Company,
its successors and assigns, and/or as designated by State authority
shall be notified in writing of any proposed interface with that Company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of solar energy conversion systems
so as to comply with the Utility Tariff specifications. Copy of said
notification shall be submitted at time of application.
5.
The property owner and/or installer of the solar panel installation
must receive approvals from any outside agencies having jurisdiction
over the project prior to the installation.
g.
Miscellaneous.
1.
All electric lines/utility wires shall be buried underground, as
applicable and by applicable regulation and/or Code. All electric
lines/utility wires leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
2.
When a building or cabinet is necessary for storage cells or related
mechanical equipment, it must be documented as to the necessity. The
building may not exceed one hundred twenty (120) square feet in area
nor eight (8) feet in height and must be located at least the number
of feet equal to the accessory building setback requirements of the
Zoning District from any property line. Any mechanical equipment associated
with and necessary for operation, including any building or cabinet
for batteries and storage cells, shall be equipped with a lock and
posted with a small sign notifying the existence of a solar energy
system batteries and storage cells on the outside of the building
or cabinet, in order to notify emergency personnel.
3.
Solar energy system shall not add, contribute to or be calculated
to cause an increase in the "building coverage of all buildings" requirement
and/or maximum lot impervious surface(s) coverage of any lot, parcel
and/or property.
4.
Any approval of solar energy system does not create any actual or
inferred solar energy system easement against adjacent property and/or
structures. The owner and/or property owner of solar energy system
shall not infer or claim any rights to protective writs to any caused
shadows or operating ineffectiveness against future development adjacent
to or higher than the property location of the solar energy system.
The approval of any solar energy system granted by the City of Sea
Isle City under this section shall not create any future liability
or infer any vested rights to the owner and/or property owner of solar
energy system on the part of the City of Sea Isle City or by any other
officer or employee thereof for any future claims against said issuance
of approval of solar energy system that result from reliance on this
section or any administrative decision lawfully made there-under.
[Ord. No. 1477 (2010) § V]
a.
Permit. A zoning and building permit shall be required for the installation
of a solar energy system. An owner shall submit an original and one
(1) copy of the application for zoning permit to the Zoning Officer.
A building permit shall be applied for at the Sea Isle City Construction
Office, as a separate application.
b.
Documents. The zoning and building permit applications shall be accompanied
by a sketch plan or survey which shall accurately depict the proposed
solar energy system and includes the following:
1.
Property lines and physical dimensions of the property;
2.
Location, dimension (including height) and types of existing major
structures on the property;
3.
Location, dimension, and type of the proposed energy system;
4.
The right-of-way of any public road that is contiguous with the property;
5.
Any overhead utility lines;
6.
Manufacturer solar energy system specification/cut sheets certified
by licensed New Jersey engineer, including manufacturer and model;
7.
Notification of utility company for interconnection purposes;
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The documents and plans shall contain enough information and
accurately depict the installation of the solar energy system for
the City of Sea Isle City to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the Zoning Officer and/or Sea Isle City Construction
Office.
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c.
Fees. The fee required must accompany the application for a zoning
permit for a solar energy system. A fee of $200 per each application
is required, payable to the City of Sea Isle City. The Sea Isle City
Construction Office shall set building permit fees.
[Amended 8-27-2019 by Ord. No. 1637]
e.
The Zoning Officer shall issue a zoning permit or deny the application
within ten (10) days of the date on which the application is deemed
complete.
[N.J.S.A. 40:55D-78]
f.
If the zoning permit application is approved, the Zoning Officer
will return one (1) signed copy of the application with the zoning
permit and retain the other copy with the application.
g.
If the zoning permit application is rejected, the Zoning Officer
will notify the applicant in writing and provide a written statement
of the reason why the application was rejected. The applicant may
appeal the Zoning Officer's decision pursuant to the appropriate appeal
authority. The applicant may reapply if the deficiencies specified
by the Zoning Officer are resolved.
h.
Applications for applicable permits from the Sea Isle City Construction
Office shall follow the applicable time limits and procedures of the
Sea Isle City Construction Office.
[Ord. No. 1477 (2010) § VI]
a.
The Zoning Officer shall administer this section or other City of
Sea Isle City official as designated.
b.
The Construction Official and any Subcode Official may enter any
property for which a permit application has been applied for and/or
permit been issued under this ordinance to conduct an inspection to
determine whether the conditions stated in the permit have been met.
c.
At the discretion of the Zoning Officer, and/or Sea Isle City Construction
Office for which a zoning, building and/or electrical permit was obtained
as applicable, the City reserves the right to require the applicant
to obtain and submit an "As-Built" survey upon completion of the solar
energy system evidencing the exact location and height of the structures
to insure said installation is made in accordance with the requirements
of the City of Sea Isle City.
d.
The Construction Official may issue orders to abate any violation
of this section. The Construction Official may issue a citation for
any violation of this section.
e.
The Construction Official may refer any violation of this section
to the City of Sea Isle City's legal counsel for enforcement.
[Ord. No. 1477 (2010) § VII]
a.
It is unlawful for any person to construct, install, or operate a
solar energy system that is not in compliance with this section.
b.
Solar energy systems installed prior to the adoption of this section
are exempt from the requirements of this section.
c.
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in subsection 26-90.3.
d.
Nothing in this subsection shall be construed to prevent the City
Council and/or administrative officers of the City of Sea Isle City
from using any other lawful means to enforce this section.
[Added 3-22-2022 by Ord.
No. 1677]
The purpose of this Subsection 26-30.8 is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces as mandated by State law. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
c.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
[Added 3-22-2022 by Ord.
No. 1677]
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (C. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (C. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
Means a single family structure and a two unit structure
where each unit of the two units is used for single family occupancy.
[Added 3-22-2022 by Ord.
No. 1677]
a.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to C. 40:55D-70.
b.
EVSE and Make-Ready Parking Spaces installed pursuant to Section
26-30.8D. below in development applications that are subject to site
plan approval are considered a permitted accessory use as described
in 1. above.
c.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The City's Zoning Officer and/or Code Official shall enforce
all signage and installation requirements described in this ordinance.
Failure to meet the requirements in this ordinance shall be subject
to the same enforcement and penalty provisions as other violations
of the City of Sea Isle City's land use regulations.
e.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or
regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
1.
The proposed installation does not violate bulk requirements applicable
to the property or the conditions of the original final approval of
the site plan or subsequent approvals for the existing gasoline service
station, retail establishment, or other existing building;
2.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
3.
The proposed installation complies with the construction codes adopted
in or promulgated pursuant to the "State Uniform Construction Code
Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
f.
An application pursuant to Section 5. above shall be deemed complete
if:
1.
The application, including the permit fee and all necessary documentation,
is determined to be complete,
2.
A notice of incompleteness is not provided within 20 days after the
filing of the application, or
3.
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
g.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
h.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
[Added 3-22-2022 by Ord.
No. 1677]
a.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
1.
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
2.
Within three years following the date of the issuance of the certificate
of occupancy, install EVSE in an additional one-third of the original
15% of Make-Ready parking spaces; and
3.
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
4.
Throughout the installation of EVSE in the Make-Ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
5.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
b.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph a above
shall:
1.
Install at least one Make-Ready parking space if there will be 50
or fewer off-street parking spaces.
2.
Install at least two Make-Ready parking spaces if there will be 51
to 75 off-street parking spaces.
3.
Install at least three Make-Ready parking spaces if there will be
76 to 100 off-street parking spaces.
4.
Install at least four Make-Ready parking spaces, at least one of
which shall be accessible for people with disabilities, if there will
be 101 to 150 off-street parking spaces.
5.
Install at least 4% of the total parking spaces as Make-Ready parking
spaces, at least 5% of which shall be accessible for people with disabilities,
if there will be more than 150 off-street parking spaces.
6.
In lieu of installing Make-Ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
7.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
8.
Notwithstanding the provisions of this subsection, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
[Added 3-22-2022 by Ord.
No. 1677]
a.
All parking spaces with EVSE and Make-Ready equipment shall be included
in the calculation of minimum required parking spaces, in that zone,
pursuant to Sea Isle City Zoning Chapter.
b.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
c.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
[Added 3-22-2022 by Ord.
No. 1677]
a.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
b.
Installation:
1.
Installation of EVSE and Make-Ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2.
Each EVSE or Make-Ready parking space that is not accessible for
people with disabilities shall be not less than nine feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
3.
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and Make Ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
4.
Each EVSE or Make-Ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
c.
EVSE Parking:
1.
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. The owner of said spaces shall have the option of determining
the use of time limits.
2.
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
3.
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code Section 1-5. Signage indicating the penalties for violations shall comply with Subsection 26-30.8.6d below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
4.
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
d.
Safety.
1.
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection 26-30.8.6d below.
2.
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with Sea Isle City's ordinances and
regulations.
3.
Adequate EVSE protection such as concrete-filled steel bollards shall
be used for publicly-accessible EVSE. Non-mountable curbing may be
used in lieu of bollards if the EVSE is setback a minimum of 24 inches
from the face of the curb. Any stand-alone EVSE bollards should be
three to four feet high with concrete footings placed to protect the
EVSE from accidental impact and to prevent damage from equipment used
for snow removal.
4.
EVSE outlets and connector devices shall be no less than 36 inches
and no higher than 48 inches from the ground or pavement surface where
mounted. Equipment mounted on pedestals, lighting posts, bollards,
or other devices shall be designated and located as to not impede
pedestrian travel, create trip hazards on sidewalks, or impede snow
removal.
e.
Signs.
1.
Publicly-accessible EVSE shall have posted regulatory signs, as identified
in this section, allowing only charging electric vehicles to park
in such spaces. For purposes of this section, "charging" means that
an electric vehicle is parked at an EVSE and is connected to the EVSE.
If time limits or vehicle removal provisions are to be enforced, regulatory
signs including parking restrictions shall be installed immediately
adjacent to, and visible from the EVSE.
2.
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control Devices as published by the Federal
Highway Administration.
3.
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly-accessible
EVSE parking spaces:
(a)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(b)
Usage fees and parking fees, if applicable; and
(c)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
f.
Usage Fees.
1.
For publicly-accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be $0 for each hour that the electric vehicle
is connected to the EVSE.
2.
Private EVSE: Nothing in this Subsection 26-30.8 shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
[Ord. No. 1038 § 416]
No building shall be constructed within an easement.
[Ord. No. 1038 § 417.01]
Privately owned recreational areas may include swim clubs, lodges,
and other recreational facilities, and shall remain in recreational
use as approved on the development plan. Said uses shall be guaranteed
by deed dedication of the recreational areas when they are no longer
used for private recreational uses as approved on the development
plan. Said deed restriction shall also guarantee to the residents
of the development area the use of the private recreational facilities,
upon payment of normal fees only.
[Ord. No. 1038 § 417.02]
a.
The deed restrictions and covenants described above shall provide
that the City and a duly created Homeowners Association shall be party
beneficiary to such covenant and entitled to enforce its provisions.
The Planning Board shall have the right to require a private Homeowners
Association to hold title to all open space, common areas or recreational
facilities, or to require such areas and facilities to be in municipal
ownership after consideration of the relative merits of each alternative
as to requirements of and service to the City as a whole and the specific
development.
b.
Membership in the Homeowners Association by all development residents
shall be mandatory. Such required membership and the responsibilities
upon the members shall be in writing between the Homeowners Association
and the individual, in the form of a covenant by each member, agreeing
to their liability for their pro rata share of the association's costs
and providing that the City shall be a party beneficiary to such covenant
and entitled to enforce its provisions.
c.
The Association shall be responsible for liability insurance, local
taxes, maintenance of land deeded to it, and any facilities that may
be erected on this land. The property owners in an approved Homeowners
Association shall pay pro-rata shares of the cost for providing liability
insurance, local taxes and the maintenance of such deeded open land
and any recreation facility upon it. The assessment levy by the Association
may become a lien on the part of the private property in the development.
The duly created Homeowners Association shall be allowed to adjust
the assessment to meet changing needs, and any deeded lands may be
sold, donated, or in any other way conveyed to the City for a public
purpose only, such as schools, parks, municipal facilities and other
public use.
d.
The Homeowners Association, initially created by the developer, shall
clearly describe in its bylaws the rights and obligations of any homeowner
in the development, along with the covenants and model deeds, the
articles of incorporation of the Association, and any other information
that the City and its attorney may deem necessary for the protection
of all parties concerned, prior to the granting of final approval
by the Planning Board.
e.
Provisions shall be made to ensure that control of the Homeowners
Association shall be transferred to the individual homeowners in the
development at such time as the lot owners, on the basis of one (1)
vote per lot, shall represent two-thirds (2/3) of the total number
of votes. Adequate provision shall be made for homeowner representation
during development and for a smooth transition of responsibility and
control.
f.
In the event that the organization established to own and maintain
common open space shall at any time after establishment of the development
fail to maintain the common open space in reasonable order and condition
in accordance with the plan, the City may serve notice, hold hearings
and enter upon said common open space in order to maintain same, and
the cost of such maintenance by the City shall be assessed ratably
against the properties within the development that have a right of
enjoyment of the common open space, and shall become a tax lien on
said properties.
[Ord. No. 1038 § 417.03]
All common open space shall be developed and maintained in accordance
with the development plan. All landscaping and fencing will be replaced
as required as a part of the common open space maintenance program.
[Ord. No. 1038 § 417.04]
a.
All of the streets within the development and all land to be devoted to public purposes shall be deeded to the City. Land to be used as common open space by all homeowners and tenants shall be deeded to a duly created Homeowners Association or to the City in accordance with subsection 26-32.2.
b.
All executed deeds shall be tendered simultaneously with the granting
of final development approval. The dedication of open space land,
streets or other lands in common ownership of the Homeowners Association
shall be absolute and not subject to revision for possible future
use for further development.
c.
The lands to be deeded for public purposes shall be located, shaped,
improved, and developed as approved by the Planning Board, which shall
consider the suitability, physical condition and location of lands
with regard to their proposed uses and to the needs of the neighborhoods,
area or entire City in reaching its determination.
[Ord. No. 1038 § 418]
In all nonresidential districts and for nonconforming nonresidential
uses in residential districts, appropriate facilities for placement
of trash and garbage shall be required. Such facilities shall be designed
so that they are completely enclosed and contents are not visible;
they fit within an overall project design; they are buffered from
principal structures, parking facilities and pedestrian and vehicular
roadways; they meet the approval of the City Construction Code Official
and the Superintendent of Public Works. Roofing is not required. Provisions
for the collection, disposition and recycling of recyclable materials
shall be subject to any other applicable ordinances of the City or
State Statutes.
[Ord. No. 1038 § 419]
No structure, including cantilevered or supported decks or porches,
shall be permitted to encroach on a defined canal or lagoon right-of-way.
If the property owner's deed permits the placement of a pier, dock
or mooring piling within a lagoon right-of-way, these structures may
be permitted provided that they do not exceed the limits prescribed
in the deed. However, in no case shall a pier, dock or mooring piling
be located within thirty (30') feet of the lagoon center line. These
provisions do not apply to Rio Delle Ponte which is governed by the
special provisions of Ordinance No. 963 of the City of Sea Isle City.
[Ord. No. 1038 § 420]
No structures, including but not limited to buildings, decks,
porches, carports, garages, terraces and patios, and no parking spaces
shall be permitted within ten (10') feet of any current dune line.
Dune protection and nourishment structures are excepted.
[Ord. No. 1383 § IV; Ord. No. 1397 (2006) § VI; Ord. No. 1462 (2009) § IV]
a.
The maximum permitted impervious lot coverage in all zoning districts
shall be seventy (70%) percent of the lot area, except as specified
herein:
b.
Impervious surface coverage allowances may be offset a maximum of
five (5%) percent above the maximum impervious surface coverage limits
established in Section 23-36a in certain instances, provided that
the developer designs and constructs an underground recharge system
approved by the City Engineer, Planning Board Engineer, or Zoning
Board Engineer, as appropriate. Prior to issuance of a zoning permit
or final approval of an application for development, the recharge
system must be designed by a licensed New Jersey engineer and approved
by the City Engineer, Planning Board Engineer, or Zoning Board Engineer,
as appropriate. Prior to occupancy of a Certificate of Occupancy for
the subject premises, the design engineer must provide written certification
that the system has been constructed and will function as designed
and approved; and the applicant/owner shall certify that the maintenance
program and schedule will be adhered to.
[Ord. No. 1383 § V; Ord. No. 1397 (2006) § VII]
a.
Prior to the issuance of any Certificate of Occupancy or prior to
the actual occupancy of any building, the owner of the building or
agent designated or appointed by the owner shall submit to the Zoning
Officer a certification prepared by a licensed surveyor of the State
of New Jersey demonstrating compliance with the applicable side yard
setbacks, rear yard setbacks, front yard setbacks, building height,
building coverage, impervious surface coverage, off-street parking,
driveway, landscaping, and such other information as may be required
by the Zoning Officer to verify zoning compliance. Upon receipt of
said certification, the Zoning Officer shall review the information
and, if it is determined by the Zoning Officer that the proposed structure
meets the use requirements and all applicable bulk requirements, he
shall issue a final Zoning Permit to the Construction Official.
b.
In the event the Zoning Officer determines that the project does
not conform to the use, bulk standards, or other applicable provisions
of the zoning regulations and/or conditions as may have been approved
by either the Planning Board or Board of Adjustment, he shall immediately
send written notification to the applicant/owner of the findings and
deviations.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1383 and 1397 (2006).
[Ord. No. 1480 (2010) § I]
a.
General Standards.
1.
Channeling runoff directly to water bodies is prohibited. Instead,
runoff shall be routed through swales, gutters, downspouts or other
drainage systems designed to increase the time of concentration, decrease
the velocity or runoff, increase infiltration and allow suspended
material to settle.
2.
Natural channels shall not be modified, developed, dredged, cleared
of vegetation, deepened, widened, straightened or otherwise altered.
Artificial channels should not be dredged, cleared of vegetation,
deepened, widened, straightened or otherwise altered without any applicable
permits issued by the New Jersey Department of Environmental Protection
or any other state or federal entity with jurisdiction. Water should
be retained or detained before it enters any natural channel in order
to preserve the natural hydrodynamics of the channel and to prevent
siltation or other forms of pollution.
[Amended 9-24-2019 by Ord. No. 1643]
3.
Gutters and downspouts shall be required to transport stormwater
runoff from roofs and buildings. Retention and detention facilities
should be used in connection with gutters and downspouts to transport
stormwater runoff and to retain and detain the increased and accelerated
runoff which the development generates. Water should be released from
detention facilities into watercourses or wetlands at a rate and in
a manner approximating the natural flow which occurred before development.
4.
The sides of any detention and/or retention basin should slope at
a gentle grade into the basin bottom as a safeguard against drowning
and personal injury and to ensure the structural integrity of the
facility.
5.
The bottom of all proposed detention and/or retention structures
should be at least two (2') feet above any impervious soil formations
and/or the seasonal high water table found in the soil logs.
6.
The area of land disturbed by development shall be as small as practicable.
Those areas which are not to be disturbed should be protected by an
adequate barrier from construction activity using acceptable soil
erosion and sedimentation control techniques. Whenever possible, natural
vegetation should be retained and protected.
7.
No grading, cutting or filling should be commenced until the plan
is approved by the municipality, County Planning Board (where applicable)
and the Soil Conservation District.
8.
Land which has been cleared for development and upon which construction
has not commenced should be protected from erosion by appropriate
techniques designed to revegetate the area.
9.
The maintenance cost of all on-site stormwater collection and management
systems is to be borne by the property owner(s). The responsibility
for maintenance of off-site facilities is to be determined by the
applicable land use board at the time of any preliminary review and
approval. The City has the right to enter upon any property located
within Sea Isle City to maintain any on-site storm- water collection
and management system or privately owned off-site stormwater collection
and management system located within the City and to charge the property
owner for the cost of such maintenance work, in the event the property
owner fails to live up to the obligations of maintenance contained
herein. The construction of any stormwater management collection and
management system grants the City of Sea Isle City the right to access
all facilities to effectuate the purpose of inspection and repair
of those facilities as may be necessary. The City shall maintain all
publicly owned stormwater collection and management systems located
within the City of Sea Isle City.
b.
Stormwater Management Plan Details and Design Criteria. The following
information shall be submitted along with any application for development.
1.
The proposed finished grade elevations at the corner of any structure
or structures;
2.
Existing topography and proposed grading at contour intervals of
one (1') foot;
3.
The lowest elevation within any proposed structure after its completion;
4.
The location, type and size of all existing and proposed storm drainage
facilities and other utilities serving the premises in question;
5.
The location, size and nature of all existing and proposed drainage
rights-of-way or easements, and the location, size and description
of any land to be dedicated to the City;
6.
The layout and size of any existing or proposed public street(s);
7.
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment traps, headwalls and water retention
facilities;
8.
All the pertinent rainfall data, stream flow data, gauging, etc.,
on which any calculations are based;
9.
Complete calculations and hydraulic profiles for normal, average
and storm of record;
10.
In addition, where required by the Planning Board, the developer
shall furnish information relating to subsurface condition, based
on percolation tests, soil borings and/or probes; and
11.
Any and all other information and data necessary to meet any of the
requirements of this chapter.
c.
In order to duplicate as nearly as possible natural drainage conditions,
regulation and control of stormwater runoff and erosion shall be through
on-site stormwater detention and/or ground absorption systems, which
shall include but are not limited to the following:
1.
Detention areas, which may be depressions in parking areas, excavated
basins or basins created through the use of curbs or other forms of
grading which serves to temporarily impound and store water.
2.
Rooftop storage through temporary impoundment and storage of stormwater
on flat or slightly pitched building rooftops by the use of drain
outlets, which restrict the stormwater runoff to the roof surface.
3.
Dry wells or leaching basins which control stormwater runoff through
ground absorption and temporary storage.
4.
Porous asphalted pavement, which preserves the natural ground absorption
capacity of a site and provides a subsurface reservoir for temporary
storage of stormwater.
5.
Any system of porous media, such as gravel trenches drained by porous
wall or perforated pipe, which temporarily stores and dissipates stormwater
through ground absorption.
6.
Any combination of the above-mentioned techniques as approved by
the City Engineer which serves to limit and control stormwater runoff
from a given site.
d.
Stormwater retention facilities shall be designed so the peak rate
and volume of surface runoff that occurred prior to development is
not exceeded after development. The outlet for any stormwater retention
facility shall be designed such that the discharge rate does not exceed
the peak runoff rate for conditions existing on or before the effective
date of this section, such that there is no adverse effect on any
property.
e.
The stabilization
of all banks shall occur only with "soft" or environmentally-friendly
("green") techniques. The use of gabions, rip rap, concrete or other
"hard" techniques are prohibited.
[Added 2-9-2021 by Ord. No. 1659]
[Ord. No. 1480 (2010) § II; Ord. No. 1516 (2012) §§ 1,
2; Ord. No. 1602-2017 §§ 1-4;
amended 9-24-2019 by Ord. No. 1643;8-25-2020 by Ord. No. 1655]
a.
Scope and Purpose.
1.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
2.
Purpose. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "minor developments," as defined in Subsection 26-38.2b.
3.
Applicability.
(a)
This subsection shall be applicable to all plans for the following
minor developments that require submission, review, and approval by
the Zoning Officer or designated official, prior to the issuance of
a zoning permit:
(b)
This subsection shall also be applicable to all minor developments
undertaken by the City of Sea Isle City.
4.
Compatibility with Other Permit and Ordinance Requirements: Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
b.
MINOR DEVELOPMENT
Definitions. For the purpose of this subsection, the terms, phrases, words used shall be defined by those definitions provided in Subsection 26-38.3b.
c.
General Standards.
1.
The stormwater management plan shall not adversely affect the adjoining
properties.
2.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
3.
Stormwater management measures for minor development shall be designed
to meet the erosion control, groundwater recharge, stormwater runoff
quantity, and stormwater runoff quality treatment as follows:
(a)
To the maximum extent practicable, the standards established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39, and implementing rules at N.J.A.C. 2:90 shall be met by incorporating nonstructural stormwater management strategies (as defined and explained in Subsection 26-38.3) into the design.
4.
The minimum requirements of the design standards for stormwater management
measures are as follows:
(a)
All lots shall be graded toward the street(s) at a minimum slope
of 1/2% and a maximum slope of 1%, measured from the existing top
of curb or existing sidewalk elevation, whichever is higher to the
center point of the rear lot line. All topographic information shall
be based on NAVD 88 datum. If a grade difference between the adjoining
properties results, then retaining walls shall be constructed. Retaining
walls shall be constructed of masonry or plastic materials designed
for the superimposed loading.
(b)
The top of the retaining wall along the rear property line shall
extend between 0.20 foot and 0.40 foot above the maximum permitted
elevation.
(c)
No water shall run onto an adjacent property. Techniques such
as raised driveway edges, low curbing or other similar methods shall
be employed to direct water off site or to recharge areas.
5.
All proposed sites must be designed so that the total stormwater
runoff from the site is no greater than the runoff generated in its
pre-developed (vacant) state.
(a)
The roof runoff or the equivalent impervious area shall be directed
to subsurface recharge areas. Recharge areas and/or roof drains shall
be provided with positive overflow(s). For analysis purposes the following
parameters should be utilized:
(1)
All lots shall be considered vacant for predevelopment parameters.
(2)
All storms, up to and including twenty-five-year storms, shall
be utilized for design standards and must have their runoff accommodated
by the detention and retention facilities.
(3)
Runoff shall be estimated in accordance with N.J.A.C. 5:21-7.1
et al.
(4)
A minimum storage of 30% shall be provided on site.
(b)
All developments shall be provided with any appropriate retention
and detention facilities.
(1)
The retention and detention facilities are to be designed to retain and/or detain any and all runoff the proposed development creates as specified in Subsection 26-38.2c5(a)(4) which provides for a minimum of 30% on-site storage.
(2)
The retention and detention facilities shall release the runoff
to the appropriate watercourse or wetlands area at a rate and in a
manner appropriate that approximates the natural flow which occurred
before development.
(3)
Channeling runoff directly into existing waterbodies shall be
prohibited.
6.
All development shall provide a four-foot-wide planted green space
along the rear and side property lines within the rear yard, to increase
infiltration, improve aesthetics, and provide space for grading and
the conveyance of stormwater.
7.
To protect from flood by maintaining the integrity of the stormwater
management system of the City, and to protect the water quality of
the bay, all development which is subject to review under this section,
including the construction of a pool or spa, shall comply with the
following:
(a)
Silt fence shall be installed during construction.
(b)
Each potentially affected inlet shall have protection measures
installed such as hay bales, stone and filter fabric, or other methods
as approved by the City.
(c)
All discharge water generated by the dewatering of excavated
areas, including pools, shall be filtered prior to discharge off site.
This shall be accomplished through the utilization of sediment control
bags or tanks at the point of discharge.
(d)
Runoff from parking areas should incorporate protective measures
to prevent oil and sediment from entering receiving waters and/or
clogging interstices thereby preventing infiltration in subsurface
recharge and/or retention facilities.
(e)
All protection measures shall be installed prior to construction,
and remain in place until the site has been approved by the City.
(f)
The measures described herein shall comply with the Standards
for Soil Erosion and Sediment Control in New Jersey, as amended.
d.
Calculation Methods.
1.
Pre- and post-watershed calculations shall be required as the basis
for determining total stormwater storage capacity required as well
as release from detention basis, if required, for two-, five-, ten-,
and twenty-five-year storms.
2.
The applicant shall utilize the standards set forth in Subsection 26-38.3 for sites one acre or larger.
3.
Calculations shall be computed on the basis of the total watershed
serviced by the proposed facilities, not just the parcel being developed.
4.
Peak rates of runoff shall be computed for the entire area and, if
required, design release rates computed on the basis of preexisting
conditions for the entire watershed.
[8-25-2020 by Ord. No.
1655]
a.
Scope and Purpose.
1.
Policy Statement.
(a)
While the provisions of this subsection may have limited or
no application to property within the City of Sea Isle City, the City
is, nevertheless, required to enact this section. The State of New
Jersey has imposed the requirements of this subsection and costs therefor
on municipalities with no funding to pay the cost of implementation
of this state mandate.
(b)
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure best management practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low-impact
development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
2.
Purpose. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection 26-38.3b.
3.
Applicability.
4.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
b.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
1.
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
1.
(a)
(b)
(c)
(d)
2.
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
1.
2.
3.
4.
REGULATED MOTOR VEHICLE SERVICE
1.
2.
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONE
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas within boundaries accepted by the Department
pursuant to N.J.A.C. 7:7-13.16.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3. The CAFRA Planning Map is available on the Department's
Geographic Information System (GIS).
An infiltration syste, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this subsection.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural lands, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting or removing vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
A neighborhood designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as defined above, as well as multiple
developments that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface: since March 2, 2021; or
A combination of Subsection b1(b) and (c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
"Major development" includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection b1(a), (b), (c) or (d) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snow mobiles, all-terrain vehicles, motorized wheel chairs,
go-carts, gas buggies, golf carts, or vehicles that run only on rails
or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this chapter. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this chapter,
provided the design engineer demonstrates to the municipality, in
accordance with Subsection d6 of this subsection and N.J.A.C. 7:8-
5.2(g), that the proposed measure and its design will contribute to
achievement of the design and performance standards established by
this subsection.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, City of Sea Isle City, or political subdivision of this
state subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. Pollutant includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A new increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
non-stormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
c.
General Standards: Design and Performance Standards for Stormwater
Management Measures.
1.
Stormwater management measures for major development shall be designed
to meet the erosion control, groundwater recharge, stormwater runoff
quantity, and stormwater runoff quality treatment as follows:
(a)
To the maximum extent practicable, the standards established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39, and implementing
rules at N.J.A.C. 2:90 shall be met by incorporating nonstructural
stormwater management strategies into the design.
(b)
If these strategies alone are not sufficient to meet these standards,
they shall be met by incorporating green infrastructure necessary
to meet these standards shall be incorporated into the design.
2.
The standards in this subsection apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
d.
Stormwater Management Requirements for Major Development.
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 26-38.3j.
2.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department Landscape Project or Natural Heritage Database established
under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias
bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
3.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality
requirements of Subsection 26-38.3d16 and f.
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
4.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality
requirements may be obtained for the enlargement of an existing public
roadway or railroad; or the construction or enlargement of a public
pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis,
that through the use of nonstructural and structural stormwater management
strategies and measures, the option selected complies with the requirements
of Subsection 26-38.3d16 and f to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements
of Subsection 26-38.3d16 and f existing structures currently in use,
such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 26-38.3d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 26-38.3d16 and f7 that were not achievable on site.
5.
Tables 1 through 3 below summarize the ability of stormwater best
management practices identified and described in the New Jersey Stormwater
Best Management Practices Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified in Subsections 26-38.3d15, 16, 17 and
f. When designed in accordance with the most current version of the
New Jersey Stormwater Best Management Practices Manual, the stormwater
management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2
and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable
of providing stormwater controls for the design and performance standards
as outlined in the tables below. Upon amendments of the New Jersey
Stormwater Best Management Practices to reflect additions or deletions
of BMPs meeting these standards, or changes in the presumed performance
of BMPs designed in accordance with the New Jersey Stormwater BMP
Manual, the Department shall publish in the New Jersey Registers a
notice of administrative change revising the applicable table. The
most current version of the BMP Manual can be found on the Department's
website at: https://njstormwater.org/bmp_manual2.htm.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to the updates or amendments with the tables in this subsection
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2
(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Subsection 26-38.3b15(b).
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" in Subsection b.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" in Subsection b.
|
7.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 26-38.3f2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 26-38.3d15 only if the measures meet the definition of green infrastructure at Subsection b. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 26-38.3d15(b) are subject to the contributory drainage area limitation specified at Subsection 26-38.3d15(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 26-38.3d15(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 26-38.3d4 is granted from Subsection 26-38.3d15(b).
8.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
9.
Design Standards for Stormwater Management Measures are as Follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize
maintenance, facilitate maintenance and repairs, and ensure proper
functioning. Trash racks shall be installed at the intake to the outlet
structure, as appropriate, and shall have parallel bars with one-inch
spacing between the bars to the elevation of the water quality design
storm. For elevations higher than the water quality design storm,
the parallel bars at the outlet structure shall be spaced no greater
than 1/3 the width of the diameter of the orifice or 1/3 the width
of the weir, with a minimum spacing between bars of one inch and a
maximum spacing between bars of six inches. In addition, the design
of trash racks must comply with the requirements of Subsection 26-38.3h2;
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection h; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
10.
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection b may be used only under the circumstances described at Subsection 26-38.3d15(d).
11.
Any application for a new agricultural development that meets the definition of major development at Subsection b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 26-38.3d16, 17 and f and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
12.
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at Subsection 26-38.3d16, 17 and f shall be met in each drainage area,
unless the runoff from the drainage areas converge on site and no
adverse environmental impact would occur as a result of compliance
with any one or more of the individual standards being determined
utilizing a weighted average of the results achieved for that individual
standard across the affected drainage areas.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Cape May County Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-38.3d15, 16, 17 and f and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 26-38.3j2(d). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
14.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 26-38.3d of this subsection and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Cape May County Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 26-38.3d14 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection 26-38.3d14 above.
15.
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality
standards at Subsection 26-38.3d16, the design engineer shall utilize
green infrastructure BMPs identified in Table 1 and/or an alternative
stormwater management measure approved in accordance with Subsection
26-38.3d7. The following green infrastructure BMPs are subject to
the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at Subsection
26-38.3d17, the design engineer shall utilize BMPs from Table 1 or
from Table 2 and/or an alternative stormwater management measure approved
in accordance with Subsection 26-38.3d7.
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver
from strict compliance in accordance with Subsection 26-38.3d4 is
granted from the requirements of this subsection, then BMPs from Table
1, 2, or 3, and/or an alternative stormwater management measure approved
in accordance with Subsection 26-38.3d4 may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Subsection 26-38.3d16, 17 and f.
(e)
For separate or combined storm sewer improvement projects, such
as sewer separation, undertaken by a government agency or public utility
(for example, a sewerage company), the requirements of this subsection
shall only apply to areas owned in fee simple by the government agency
or utility, and areas within a right-of-way or easement held or controlled
by the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subsection. Regardless of the amount of area
of a separate or combined storm sewer improvement project subject
to the green infrastructure requirements of this subsection, each
project shall fully comply with the applicable groundwater recharge,
stormwater runoff quality control, and stormwater runoff quantity
standards at Subsection 26-38.3d16 and f, unless the project is granted
a waiver from strict compliance in accordance with Subsection 26-38.3d4.
16.
Groundwater recharge quantity standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(1)
The minimum design and performance standards for erosion control
are those established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(2)
The minimum design and performance standards for groundwater
recharge are as follows:
(i)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 26-38.3e, either:
[a]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 125%
of the average annual pre-construction groundwater recharge volume
for the site; or
[b]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(ii)
This groundwater recharge requirement does not
apply to projects within the "urban redevelopment area," or to projects
subject to Subsection d16(a)(2)(iv) below.
(iii)
The following types of stormwater shall not be
recharged:
[a]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with a Department-approved remedial
action work plan or landfill closure plan and areas with high risks
for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
[b]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(iv)
The design engineer shall assess the hydraulic
impact on the groundwater table and design the site so as to avoid
adverse hydraulic impacts. Potential adverse hydraulic impacts include,
but are not limited to, exacerbating a naturally or seasonally high
water table so as to cause surficial ponding, flooding of basements,
or interference with the proper operation of subsurface sewage disposal
systems and other subsurface structures in the vicinity or downgradient
of the groundwater recharge area.
17.
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water qualtity design storm as follows:
(1)
Eighty percent of the anticipated load from the developed site,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce,
to the maximum extent feasible, the post-construction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in Subsection 26-38.2d15,
16, 17 and f.
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the postconstruction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
e.
Calculation of stormwater runoff and groundwater recharge:
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf.
(2)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection 26-38.3e1(a)(1) and the Rational and Modified Rational Methods at Subsection 26-38.3e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds and other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
2.
Groundwater recharge may be calculated in accordance with the following:
(a)
The New Jersey Geological Survey Report GSR-32 A Method for
Evaluating Ground-Water Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey
Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey
08625-0427; (609) 984-6587.
f.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available from the Department's
website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
2.
Submissions required for review by the Department should be mailed
to:
The Division of Water Quality, New Jersey Department of Environmental
Protection
Mail Code 401-02B, PO Box 420
Trenton, New Jersey 08625-0420
g.
Solids and Floatable Materials Control Standards.
1.
Site design features identified under Table 1 above, or alternative
designs in accordance with subsection 26-38.3d7 above, to prevent
discharge of trash and debris from drainage systems shall comply with
the following standard to control passage of solid and floatable materials
through storm drain inlets. For purposes of this subsection, "solid
and floatable materials" means sediment, debris, trash, and other
floating, suspended, or settleable solids. For exemptions to this
standard see Subsection 26-38.3h1(b).
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
(3)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(2)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(4)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:47.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
h.
Safety Standards for Stormwater Management Basins.
1.
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management basins.
This subsection applies to any new stormwater management basin.
2.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basin to ensure proper functioning of the basin outlets in accordance
with the following:
(1)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars.
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
(3)
The average velocity of flow through a clean trash rack is not
to exceed 2 1/2 (2.5) feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack.
(4)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(3)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
For purposes of this Subsection h2(c), escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(1)
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. With the
prior approval of the reviewing agency identified in Subsection 26-38.2h3
a freestanding outlet structure may be exempted from this requirement.
(2)
Safety ledges shall be constructed on the slopes of all new
stormwater management basins having a permanent pool of water deeper
than 2 1/2 feet. Such safety ledges shall be comprised of two
steps. Each step shall be four feet to six feet in width. One step
shall be located approximately 2 1/2 feet below the permanent
water surface, and the second step shall be located one foot to 1 1/2
feet above the permanent water surface. See Subsection 26-38.2h4 for
an illustration of safety ledges in a stormwater management basin.
(3)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
3.
Variance or Exemption from Safety Standards.
(a)
A variance or exemption from the safety standards for stormwater
management basins may be granted only upon a written finding by the
appropriate reviewing agency (municipality, county or Department)
that the variance or exemption will not constitute a threat to public
safety.
4.
Illustration of Safety Ledges in a New Stormwater Management Basin.
|
Elevation View - Basin Safety Ledge Configuration
 |
i.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development
subject to this ordinance, the applicant shall submit all of the required
components of the Checklist for the Site Development Stormwater Plan
at Subsection 26-38.3i3 below as part of the submission of the applicant's
application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this subsection.
(c)
The applicant shall submit six signed and sealed copies of the
materials listed in the checklist for site development stormwater
plans in accordance with Subsection 26-38.3i3 of this subsection.
2.
Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the subdivision or site plan
review process by the municipal board or official from which municipal
approval is sought. That municipal board or official shall consult
the engineer retained by the Planning and/or Zoning Board (as appropriate)
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
subsection.
3.
Checklist Requirements. The following information shall be required:
(a)
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its environs.
This description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
(c)
Project Description and Site Plan(s). A map (or maps) at the
scale of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations occur in the natural terrain and cover, including lawns
and other landscaping, and seasonal high ground water elevations.
A written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsection 26-38.3e through f are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(1)
Total area to be paved or built upon, proposed surface contours,
land area to be occupied by the stormwater management facilities and
the type of vegetation thereon, and details of the proposed plan to
control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 26-38.3d of this section.
(2)
When the proposed stormwater management control measures (e.g.,
infiltration basins) depends on the hydrologic properties of soils,
then a soils report shall be submitted. The soils report shall be
based on on-site boring logs or soil pit profiles. The number and
location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soils present at the location of the control measure.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 26-38.3j.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection 26-38.3i3(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and Repair.
1.
Applicability.
(a)
Projects subject to review as in Subsection 26-38.3a3 of this
section shall comply with the requirements of Subsection 26-38.3j2
and 3.
2.
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). Maintenance guidelines for stormwater
management measures are available in the New Jersey Stormwater Best
Management Practices Manual. If the maintenance plan identifies a
person other than the developer (for example, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's agreement to assume this
responsibility, or of the developer's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(c)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project.
(d)
If the person responsible for maintenance identified under Subsection 26-38.3j2(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection 26-38.3j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including
repairs or replacement to the structure; removal of sediment, debris,
or trash; restoration of eroded areas; snow and ice removal; fence
repair or replacement; restoration of vegetation; and repair or replacement
of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall inspect the facility and evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. The responsible person shall submit a report of such inspection to the City annually.
(h)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection 26-38.3j2(f) and (g) above.
(i)
The requirements of Subsections 26-38.3j2(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(j)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person.
3.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
l.
Severability. Each section, subsection, sentence, clause and phrase
of this subsection is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this subsection to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
subsection.
m.
Effective Date. This subsection shall take effect immediately upon
the approval by the county review agency, or 60 days from the receipt
of the section by the county review agency if the county review agency
should fail to act.
[Ord. No. 1384 § II]
All towers and antennas within the City of Sea Isle City shall
be subject to these regulations except for those listed in paragraphs
a and b following below:
a.
Lawful, preexisting, nonconforming towers and antennas, as hereinabove
described, shall be entitled to the protections and limitations available
to lawful, pre-existing, nonconforming structures.
b.
Any antenna that is less than thirty-five (35') feet in height and
is used for receive-only transmissions.
[Ord. No. 1384 § II; Ord. No. 1431 §§ CXI, CXII]
A communication tower and antenna shall be a permitted conditional
use only in the P2 and P3 Zones within the City of Sea Isle City,
subject to the following conditions:
a.
Communication towers shall only be permitted on property owned, leased
or otherwise controlled by City of Sea Isle City.
b.
The City of Sea Isle City must give its consent before its property
may be used for a communication tower. This consent shall be in the
form of a resolution of approval adopted by the Governing Body.
c.
No communication tower shall be erected or operated within the City
except pursuant to a license issued by the Governing Body or a lease
entered into between the operator of the facility and the City.
d.
No tower shall be erected within the City of Sea Isle City if there
exists the ability to extend a preexisting structure to adequately
and lawfully accommodate a communication tower.
e.
All towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Administration
(FAA), be painted a neutral color so as to reduce visual obtrusiveness.
f.
All towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
g.
No signs shall be allowed on an antenna or tower.
[Ord. No. 1384 § II; Ord. No. 1431 § CXIII]
All applications for the construction or modification of towers
or antennas within the City of Sea Isle City shall be made to the
Governing Body.
[Ord. No. 1384 § II]
a.
All towers and antennas must meet or exceed current standards and
regulations of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the State or Federal government
with the authority to regulate towers and antennas; if such standards
and regulations are changed, then the owners of the towers and antennas
governed by this chapter shall bring such towers and antennas into
compliance with such revised standards and regulations within six
(6) months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
State or Federal agency. Failure to bring towers or antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
b.
To ensure the structural integrity of towers or antenna, the owner
of a tower or antenna shall ensure that it is maintained in compliance
with standards contained in applicable State or local building codes.
If, upon inspection, the City concludes that a tower or antenna fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower or antenna, the owner shall have thirty (30) days to
bring such tower or antenna into compliance with such standards. Failure
to bring such tower or antenna into compliance within said thirty
(30) days shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
c.
In the event any communication tower or antenna shall be abandoned
or not operated for a period of one (1) year, the same may be removed,
at the option of the City of Sea Isle City, at the sole expense of
the operator.
[Ord. No. 1510 (2011) § 24]
Street furnishings are the objects and equipment installed on
streets for various purposes, which includes benches, bollards, streetlights,
bicycle stands, trash cans, etc. Street furnishings have the potential
to provide visual unity for the City and enhance the public realm.
Additionally, a coordinated approach to furnishings allow for creativity
and branding of Sea Isle.
[Ord. No. 1510 (2011) § 25]
a.
In the event street furnishings are to be installed on a City street
the following street furnishing shall be utilized:
1.
Benches.
(a)
Benches are required on all sidewalks greater than eight (8')
feet in width.
(b)
Benches shall be placed adjacent to the curb and parallel to
the street.
(c)
Benches shall be placed every one hundred (100') linear feet
or as determined by the City Engineer.
(d)
Benches shall be the Prestige Series style #PP412 from the manufacturer
Wabash Valley Manufacturing, Inc. six (6') foot with back and are
surface mounted, welded wire pattern and mounting plate cover, colored
black or approved equivalent.
2.
Trash Cans.
(a)
Trash cans are required on all sidewalks greater than six (6')
feet in width.
(b)
Trash cans shall be placed adjacent to the curb.
(c)
Trash cans shall be placed every one hundred (100') linear feet,
alternating with the benches or as determined by the City Engineer.
(d)
Trash cans shall be style #FR400 from the manufacturer Wabash
Valley Manufacturing, Inc., thirty-two (32) gallon, welded wire pattern,
colored black or approved equivalent.
b.
The following street furnishings are required to be installed on
all City-owned streets:
2.
Planters.
(a)
Planters are required where it has been determined that the
required street trees may not be installed due to utilities or other
obstructions.
(b)
Planters shall be style #PL104 from the manufacturer Wabash
Valley Manufacturing, Inc., and in height, welded wire pattern, colored
black or approved equivalent.
3.
Lighting.
(a)
Lighting is required where to provide safe movement of vehicles
and pedestrians.
(b)
The types of lights and fixtures used on the site should be
consistent throughout.
(c)
Sternberg Lighting's Ripon A 1130A, 150 watt (black) or Reno
1910508-5, 100 watt (black) or approved equivalent shall be installed
for streetlights.
(d)
Bollards are recommended to be used to light pedestrian areas.
Sternberg Lighting's 7701LB Birmingham 70 watt high pressure sodium
with a four (4') foot mounting height (black) or approved equivalent
shall be installed.
[Ord. No. 1510 (2011) § 26]
This section shall apply to all site plan applications in a
commercial zone.
[Ord. No. 1510 (2011) § 27]
The following guidelines shall be used to prepare and review
the physical, visual and spatial characteristics and overall appearance
of a development plan in relationship to the existing streetscape,
neighborhood and district in which such is located and to the City
generally.
a.
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. 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 right-of-way.
b.
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 design elements.
Such 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. 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.
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.
Entrance treatment, as defined by the placement and articulation
of the entrance to a building.
9.
Street orientation, as defined by the visual and functional orientation
of the front facade and entrance of a building to the street and sidewalk.
10.
Architectural style, materials, colors and details.
[Ord. No. 1510 (2011) § 28]
This section shall apply to all site plan applications in a
commercial zone.
[Ord. No. 1510 (2011) § 29]
The purpose of the architecture design standards is to establish
a set of principles and requirements that reflect the City's desire
for a coastal seashore village. These principles will enhance the
commercial zones and encourage development and redevelopment at a
scale that is pedestrian-oriented. The guidelines work to provide
standards that allow for flexibility and creativity while encouraging
high-quality development. High-quality development is long-lasting
and will increase property values. The goal is to create buildings
that are attractive, improve the City's commercial zones image and
enliven the streetscape.
[Ord. No. 1510 (2011) § 30; Ord. No. 1557 (2013); Ord.
No. 1563 (2014) § 12]
The following standards shall be used to prepare and review
the architectural design of all buildings and structures in a development
plan. All buildings shall be designed to convey a coastal seashore
village scale and character. Where a development plan involves an
existing building or a site upon which an existing building is located
and the existing building will remain, the existing building shall
be repaired, renovated and restored to comply with this article.
a.
Massing.
1.
Building wall offsets, including both projections and recesses, shall
be provided along any street-facing building wall measuring greater
than fifty (50') feet in length in order to provide architectural
interest and variety to the massing of a building and relieve the
negative visual effect of a single, long wall.
2.
The maximum spacing between such vertical offsets shall be thirty-three
(33') feet. The minimum projection or depth of any individual vertical
offset shall not be less than two (2') feet.
3.
Vertical offsets can include pilasters, projecting bays, changes
in facade materials, balconies, etc.
b.
Articulation.
1.
All street-facing building walls shall have a clearly defined base,
body and cap.
2.
The base of the building shall align with either the kickplate or
sill level of the first story.
3.
The body section of a building may be horizontally divided at floor,
lintel or sill levels with belt courses.
4.
The architectural treatment of a façade shall be completely
continued around all street facing facades of a building. All sides
of a building shall be architecturally designed so as to be consistent
with regard to style, materials, colors and details.
c.
Roof.
1.
The shape, pitch and color of a roof shall be architecturally compatible
with the style, materials and colors of such building.
2.
If the building has a flat roof, a parapet shall project vertically
to hide any roof-mounted mechanical equipment. Additionally, a cornice
shall project out horizontally from the facade and shall be ornamented
with moldings, brackets or other details.
3.
Pitched roofs are encouraged to have dormers, chimneys, cupolas and
other similar elements to provide architectural interest. These elements
shall be compatible with the style, materials, colors and details
of the building.
4.
Roofline offsets shall be provided along any roof measuring more
than forty (40') feet in length in order to provide architectural
interest and articulation to a building.
5.
When viewed in elevation, no more than fifty (50%) percent of the
roofline shall be flat. In this instance, mansard roofs are considered
to be flat roofs.
6.
Roof top heating, ventilating and air-conditioning (HVAC) systems,
exhaust pipes and stacks, satellite dishes and other telecommunications
receiving devices shall be screened or otherwise specially treated
to be inconspicuous as viewed from the primary or secondary street
and adjacent properties.
d.
Transparency.
1.
Ground floor uses in the commercial districts shall have large pane
display windows on the street-facing frontages. Such windows shall
be framed by the surrounding wall and shall be a minimum of thirty
three (33%) percent glass of the total ground level facade area, as
measured floor to ceiling and width of commercial space.
2.
Transoms above display windows in the commercial districts are encouraged.
3.
Windowsills shall not be more than three (3') feet above the sidewalk
in the commercial districts. Base panels or bulkheads are encouraged
between the sidewalk and the windowsills.
4.
Windows shall be vertically proportioned (taller than wider) where
possible.
5.
Buildings of architectural styles that normally have windows with
muntins (vertical dividers) or divided lights shall utilize those
types of windows.
6.
Glass blocks are not permitted on facades that abut a public street
in the commercial districts.
7.
Exterior security grates are prohibited.
e.
Entrances.
1.
The primary entrance to any building shall front on a public street.
2.
All entrances to a building shall be defined and articulated by utilizing
such elements as lintels, pediments, pilasters, columns, porticos,
porches, overhangs, railings, balustrades and other such elements,
where appropriate.
3.
Any such element utilized shall be architecturally compatible with
the style, materials, colors and details of such building.
f.
Materials.
1.
Building facades visible from a public street shall consist of durable,
long-lasting materials. Appropriate materials include brick, stone,
cast stone, clapboard, cedar shakes or other high-quality material.
2.
Each structure or building should have a maximum of three (3) colors,
excluding the roof.
g.
Lighting.
1.
Light fixtures attached to the exterior of a building shall be designed
to be architecturally compatible with the style, materials, colors
and details of such building and other lighting fixtures used on the
site.
2.
The type of light source used on buildings, signs, parking areas,
pedestrian walkways and other areas of a site shall be the same or
compatible.
3.
The use of low-pressure sodium or mercury vapor lighting either attached
to buildings or to light the exterior of buildings shall be prohibited.
h.
Awnings and Canopies.
1.
Awnings and canopies are encouraged in the C1 and C2 Districts to
add visual interest to the streetscape and to provide occasional shelter
for pedestrians.
2.
Awnings and canopies that extend over the right-of-way of a street
shall be constructed and erected so that the lowest portion thereof
is not less than nine (9') feet from the adjacent grade elevation
or more than fifteen (15') feet above the adjacent grade elevation,
in height.
3.
Access awning and canopies in C1 and C2 Districts that extend over
the right-of-way for the purpose of egress and ingress may extend
to the curbline.
4.
Awnings and canopies shall be designed proportionate to building
height, massing, materials and color.
