Borough of Sea Girt, NJ Chapter 17 Zoning

Editor's Note: For regulations concerning Construction of Driveways in Crescent Park, see Ordinance No. 372 as amended; Swimming Pools, see Ordinance No. 288 as amended. For regulations concerning grading certification, height certification, silt fence requirements, on-site portable toilets, contractor's signs and permitted hours of construction, see Ordinance #891.

§ 17-1 TITLE AND PURPOSE.

§ 17-1.1 Short Title.

[Ord. #579, A I, § 1]

This chapter shall be known and may be cited as the "Borough of Sea Girt Zoning Regulations."

§ 17-1.2 General Intent.

[Ord. #579, A I, § 2]

The purpose of this chapter is to encourage the most appropriate use of land throughout the Borough; to conserve and stabilize the value of property; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air and to promote the health, morals, safety, comfort, convenience and general welfare of the people. For these purposes, this chapter establishes precise and detailed regulations designed to regulate and restrict the use of land and the location and use of buildings and structures within specified zoning districts; to promote orderly development; prohibit incompatible uses; regulate the height, number of stories and size of buildings and other structures hereafter erected or altered; regulate and determine the size of yards and other open spaces and to regulate and limit the density of population. It is the intent of this chapter to implement in an orderly manner the provisions of the Master Plan for the Borough and to encourage the established single family residential character of the Borough.

§ 17-1.3 Interpretation of Standards.

[Ord. #579, A I, § 3]

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control.

§ 17-1.4 Prohibited Uses.

[Ord. #579, A I, § 4; Ord. No. 06-2018]

a. All uses not expressly permitted in this chapter are prohibited.

b. The manufacture, growth or cultivation related to marijuana is prohibited in all zones.

c. The sale of marijuana and/or the paraphernalia that facilitates the use of marijuana for any purpose, whether medicinal or recreational, is prohibited in all zones.

§ 17-2 DEFINITIONS.

[Ord. #579, A II; Ord. #596; Ord. #621; Ord. #627; Ord. #749; Ord. #755; Ord. #759; Ord. #825; Ord. #855; Ord. #892; New; Ord. #24-2013; Ord. No. 02-2016 § 1; Ord. No. 06-2017 § 2; Ord. No. 14-2017; Ord. No. 17-2017; Ord. No. 17-2018; Ord. No. 19-2018 § 2; Ord. No. 20-2018 § 1]

For the purposes of this chapter, certain terms and words are herein defined as follows: The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot" or "parcel" and the word "shall" is mandatory and not discretionary. Any word or term not defined herein shall be given its ordinary meaning. Definitions of uses not permitted by this chapter are included and intended solely for the purpose of clarification.

ACCESSORY BUILDING OR USE

Shall mean a structure or building, the nature of which is related to, incidental to and subordinate to the principal use of the lot on which the accessory structure or building is located including but not limited to garage structures, permitted storage structures, mechanical equipment as referred to in Ordinance #855 (adopted 5-22-2002) and other permitted accessory structures.

ALTERATION, STRUCTURAL

Shall mean any change in the supporting members of a building such as walls, columns, beams and girders which would materially affect the use of the structure.

APARTMENT

Shall mean a room or suite of connected rooms for occupancy as a single dwelling unit by one family in a building having two or more of such dwelling units.

BASEMENT OR CELLAR

Shall mean a story having more than 50% of its height below finished grade.

BOARDING HOUSE

Shall mean any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (C.30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (C.30:11B-2), any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students, any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education, and any facility or living arrangement operated by or under contract with, any State department or agency, upon the written authorization of the commissioner.

BUILDING

Shall mean any structure with a permanent location and a roof supported by columns, posts or walls and intended for the shelter, housing or enclosing of persons, animals or property.

BUILDING COVERAGE

Shall mean the percentage of the lot area that is covered by the building area plus any porches and/or area within the outside dimensions of a covered or enclosed breezeway which may connect an otherwise detached garage. Calculations of building coverage may exclude area within the outside dimensions of an integral or attached garage that are uncovered by upper stories.

BUILDING LINE

Shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that corresponds with the exterior surface of the building on any side and to any height. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface, however cornices, eaves, gutters, rakeboards and roof over-hangs are allowed to encroach into the yard but not to exceed 18 inches. All yard requirements are measured to the building line.

All applicable provisions of the New Jersey State BOCA are hereby adopted by reference regarding the setback of structural projections to a building such as chimneys and steps. If there is a conflict between BOCA and the ordinances of the Borough of Sea Girt the most restrictive shall apply.

BUILDING, AREA

Is the maximum horizontal cross-sectional area of the principal building or structures excluding cornices, eaves, gutters, rakeboard or chimney not projecting more than 18 inches, and excluding any structure the height of which is 16 inches or less above natural elevation.

BUILDING, COMMUNITY

Shall mean a building for civic, social, educational, cultural and recreational activities of a neighborhood or community not operated primarily for monetary gain.

BUILDING, HEIGHT OF

Shall mean the vertical distance from the crown of the public roadway, either improved or unimproved, fronting any property to the top of the highest roof beam on a flat or shed roof, the deck level on a mansard roof and the highest ridge level for gable, hip and gambrel roofs. The maximum building heights permissible shall be 35 feet for any principal structure; and 16 feet for any garage. In the event that property does not front on an improved or unimproved public roadway, then the property's building height shall be taken at the nearest access point to an improved or unimproved public roadway. Any person obtaining a building permit to construct a structure within the Borough of Sea Girt shall obtain and submit to the Construction Official, at or before the time of the framing inspection, a certification from a licensed engineer, licensed architect or licensed surveyor indicating that the structure under construction does not violate this chapter; the person certifying shall provide the true and accurate measurement of the height of the structure so constructed at the time of framing.

CARPORT

Shall mean an attached accessory building designated for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, with its building coverage measured by the vertical projection to the horizontal plane of the roof. See subsection 17-5.1.

CERTIFICATE OF OCCUPANCY

Shall mean a certificate issued by the Construction Official upon completion of the erection of a building or upon the completion of an erection, conversion or enlargement materially affecting the use of the building, wholly or in part, or upon a change in the use of a building which certifies that all requirements of this chapter or such adjustments thereof which have been granted by the Board of Adjustment and all other applicable requirements have been complied with.

DECK

Shall mean a wooden floor outside a house, usually with railings and without a roof installed over a pervious surface.

DISTRICT

Shall mean any part of the territory of the Borough to which certain uniform regulations and requirements of this chapter apply.

DORMER

Shall mean a projection from a sloping roof that contains a window which shall not exceed 10 feet in length measured along its long wall and is set back a minimum of two feet from the exterior vertical building wall beneath the dormer. An exception is made for a dormer that results from stairs on an outside wall, which is permitted to be flush with the exterior vertical building wall against which stairs are constructed.

DRIVEWAY

Shall mean a paved or unpaved surface not to exceed 14 feet in width running from the street to a garage or parking area located according to zoning regulations. There shall be no more than one driveway per lot. Where the driveway connects to a garage (either attached, detached or integrated), the driveway may be appropriately flared to ensure that access to and from the garage may be safely accommodated.

DRY WELL

Shall be defined by and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual Chapter 9.3 Standard for Dry Wells.

DWELLING

DWELLING APARTMENT BUILDING - Shall mean a multi-family building containing two or more dwelling units.

DWELLING, MULTI-FAMILY - Shall mean a building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.

DWELLING, SEMI-DETACHED - Shall mean a two-family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a part or common wall, whether or not that wall is a fire wall.

DWELLING, SINGLE-FAMILY - Shall mean a building containing one dwelling unit only and occupied or intended to be occupied exclusively for residence purposes by one family.

DWELLING, TWO-FAMILY - Shall mean a building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking and sanitary facilities.

DWELLING UNIT - Shall mean a building or part thereof having cooking, sleeping, and sanitary facilities for one family.

EFFICIENCY UNIT

Shall mean a dwelling unit in an apartment house consisting of one large room with bath and cooking facilities separated from such room by a permanent wall or sliding doors.

FAMILY

Shall mean one or more persons, whether related or unrelated, constituting a bona fide housekeeping unit maintaining a common household or family type relationship on a permanent basis for an indefinite period of time limited to the number of persons that the residential premises may accommodate under applicable housing code provisions. This definition does not include any society, club, fraternity, sorority, association, lodge, or similar organization and any assembly of lodgers occupying rented rooms in a boarding house, rooming house, hotel, or other place of public accommodation. It does not include a group of persons who intend to live together temporarily.

FAST-FOOD RESTAURANT

Shall mean any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption, either within the restaurant building or for carry-out with consumption on or off the premises, and whose design or method of operation may include all or some of the following characteristics:

a. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.

b. A limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized standardized preparation and packaging techniques, is offered for on and off the premises consumption.

c. Drive-in or outside ordering service via a separate drive-in lane, call box and delivery window.

d. No table service.

FLOOR AREA

FIRST FLOOR AREA - Shall mean and shall be measured by using the outside dimensions of the residential portion of the building and shall include the area within the outside dimensions of a covered or enclosed breezeway which may connect an otherwise detached garage. The similarly measured area of an integral or attached garage is excluded from the measurement of first floor area. For a split level or a tri-level dwelling, the area for calculating building coverage shall be the sum of the exterior bounded areas of adjoining levels.

SECOND FLOOR AREA - Shall mean and shall be measured by using the outside dimensions of the building above the level of the ceiling of the first floor area.

GARAGE

GARAGE, PARKING - Shall mean a building, or part thereof, other than an accessory or repair garage used for the off-street storage of passenger vehicles free of charge or at hourly, daily or monthly rates and which may also include (a) servicing of the vehicles as an incidental use, but not the repair thereof, and (b) keeping any such vehicles for hire.

GARAGE, PRIVATE - Shall mean a detached accessory building or portion of a main building primarily used for the parking or temporary storage of automobiles of the occupants of the main dwelling to which the garage is an accessory.

GROSS FLOOR AREA

Shall mean the total square footage of all habitable floor levels and shall be determined by measuring the outside dimensions of the building at each floor level excluding an uncovered porch or patio. The area of an attached garage is excluded except in those cases where a habitable area of the second floor exists above the garage.

GUEST HOUSE

See rooming house.

HABITABLE ROOM AREA

Shall mean the floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways.

HOME OFFICE

Shall mean an office activity carried on for gain by a resident in a dwelling unit as an accessory use.

HOTEL

Shall mean a building which (a) contains guest rooms, each having its only access from a central interior corridor which are designed or intended to be used, let, or hired out for compensation (b) contains a public lobby serving the guest rooms (c) may contain one or more dining rooms and (d) has a full-time on-site management.

HOUSE OF WORSHIP AND SIMILAR PLACES OF WORSHIP

Shall mean any building where congregations gather for prayer.

IMPERVIOUS SURFACE

Is any surface impenetrable by water but not limited to building and structures. Building and structures include, but are not limited to, buildings, structures, dwellings, accessory buildings, garages, storage sheds, tool sheds, recreational courts, including but not limited to tennis and basketball courts, pools, pool houses, cabanas, covered decks, patios, porches, driveways, walkways and all other areas covered by pavers or impervious materials. For purposes of this ordinance, porous pavers, porous concrete and asphalt shall be deemed to be an impervious surface.

IMPERVIOUS SURFACE COVERAGE

Is the percentage of the lot area that is covered by impervious surface excluding building area and in-ground pools with coping on all four sides.

LIVABLE FLOOR

Shall mean the same as habitable room area.

LOT

LOT - Shall mean a tract or parcel of land, abutting a street, the area of which is sufficient to provide the yard spaces and minimum area requirements of this chapter.

LOT, CORNER - Shall mean a lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Corner lots shall have a front, a rear and side yards. The front yard shall be the smaller of the two lot lines coexistent with the street line. The rear yard shall be the side opposite the front. The remaining sides shall be considered side lot lines.

LOT, DEPTH - Shall mean the horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT, INTERIOR - Shall mean a lot other than a corner lot.

LOT LINE - Shall mean any line forming a portion of the exterior boundary of a lot. The "lot line" is the same as the street line for that portion of a lot abutting a street. "Lot lines" extend vertically in both directions from ground level.

MOTEL

Shall mean a building or group of buildings which (a) contains guest rooms each with outside entrances which are designed or intended to be used, let or hired out for compensation, (b) contains a public lobby serving the guest rooms, (c) may contain one or more dining rooms, and (d) has full-time, on-site management.

MULTIPLE FAMILY

See dwelling.

NONCONFORMING LOT

Shall mean a lot the area, dimension or location of which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption.

NONCONFORMING STRUCTURE

Shall mean a structure the size, dimension or location of which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of a zoning district in which it is located by reason of such adoption.

NONCONFORMING USE

Shall mean a use or act which was lawful prior to the adoption of this or any prior zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption.

ONE BEDROOM APARTMENT

Shall mean a dwelling unit in an apartment containing not more than one room designed, intended and devoted to sleeping purposes.

OPEN SPACE

Shall mean any undeveloped part of a lot which is designed to meet the side, rear or front yard requirements of this chapter, or an open area of potential development use for park, recreational, commercial, residential or industrial use.

PARKING AREA, PRIVATE

Shall mean a parking space, other than a street, for the parking of one or more motor vehicles.

PARKING AREA, PUBLIC

Shall mean a space, not on a street, used for the parking of motor vehicles and available to clients or customers for a fee or free of charge.

PARKING SPACE

Shall mean an area not less than 10 feet wide by 20 feet in length either with a structure or in the open, exclusive of driveways, aisles or access drives, for the parking of a motor vehicle, except that nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space per residence, provided that no portion of such driveway within the right-of-way of the street's intersection shall be considered off-street parking spaces.

PERMITTED USE

Shall mean any use of the land or building as permitted by this chapter.

POOL, PORTABLE

Shall not be subject to the requirements of subsection 17-5.22 and shall mean those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, and do not exceed a water surface area of 120 square feet.

POOL, PRIVATE RESIDENTIAL SWIMMING

Shall mean swimming pools or tanks, plastic or otherwise, placed upon residential premises.

PORCH

Shall mean a roofed entrance, piazza, or portico not more than one story in height. A front "porch" shall not be enclosed permanently or temporarily with any type of material nor shall there be any construction between the roof and the floor of the porch except for columns or posts necessary for the support of the roof or an open safety railing which present no more than a minimal obstruction to view provided, however, that an open wire mesh removable screening may be permitted during the period of May 1 through October 31 of each year. Porches shall be considered part of the principal building for the purpose of calculating building coverage. Porches shall not be considered habitable floor area.

RESTAURANT

Shall mean any establishment, however designated, where food is sold for consumption on the premises excluding, however, a snack bar or refreshment stand on property owned by the Borough or the Board of Education.

RIGHT-OF-WAY

Shall mean the land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air.

ROOMING HOUSE

See boarding house.

SCHOOLS

Shall mean institutions for the purpose of general academic instruction and accredited by the New Jersey Department of Education not operated for profit.

SERVICE STATION

Shall mean land and building designed or used for the sale of fuel, lubricants or automotive accessories or providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles. See subsection 17-5.20.

SETBACK LINE

Shall mean a line drawn to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" shall mean a line that is established a minimum distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in subsection 17-6.2.

The natural configuration and elevation of the center of the front setback line shall mean the elevation above sea level noted by New Jersey licensed engineer's or surveyor's report on the survey as measured before the undeveloped lot surface has been altered, or the elevation at this point on a lot with an existing building. See subsection 17-6.2 and 17-7.1.

SIGN AND/OR ADVERTISING STRUCTURE

Shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product or anything that calls attention to the building in question when the same is placed out of doors in view of the general public.

STORY

STORY - Shall mean that part of any building where the height between the floor of one level and the floor or roof next above it exceeds seven feet six inches, provided, that wherever the height exceeds 14 feet it shall be considered two stories, and provided further that at least 50% of the height of the story is above finished grade along the front of the building. A basement or cellar shall not be considered a story.

HALF STORY - Shall be defined as attic space above or second story which shall have a pitched roof to begin within 12 inches of the ceiling joists line of the story below and which pitch shall have a minimum slope of 30%. Such attic space, if finished, shall have a minimum vertical wall of five feet in a finished area including deck and balcony space not to exceed 50% of the second story living space in the case of a 2 1/2 story structure. Chimneys shall not be elevated more than three feet above the established ridge height. Decorative structures such as, but not limited to, railings, widow walks, parapets, etc., are not allowed to be more than an additional two feet above the established ridge height. Dormers attached to half-stories must meet the setback requirements included in the definition of dormers.

STREET

Shall mean a right-of-way which is open to public travel which has been dedicated to the State of New Jersey, County of Monmouth or the Borough for public use. The street shall include the paved traversable portion of the roadway, drains, curbs, gutters, sidewalks and other improvements or land within the total right-of-way width incidental to the improvements and maintenance of such street.

STREET LINE

Shall mean the dividing line between the street right-of-way and a lot.

STRUCTURAL ALTERATION

See alteration, structural.

STRUCTURE

Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land; a principal structure shall be a structure used to facilitate or otherwise carry on the principal use of the lot on which the principal structure is located. (See subsection 17-5.15, Principal Structure; Principal Use.)

SWIMMING POOL

See pool, portable and private residential.

TOWN HOUSE

Shall mean one single family unit in a line of three or more connected dwellings whether or not each dwelling unit is separated by a fire wall or whether it is a line of connected semi-detached units. Each single family unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit above another.

TRAILER

Shall mean a vehicle or residence on wheels, skids or rollers without motor power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.

USE

USE, ACCESSORY - Shall mean a use which is customarily associated with and subordinate or incidental to the principal use of a lot or building, both of which are located on the same lot.

USE, PRINCIPAL - Shall mean the specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained. See subsection 17-5.15.

VARIANCE

Shall mean a departure from the terms of this chapter authorized by the Board of Adjustment or the governing body, as the case may be, in accordance with State statutes.

WELLS

a. Basement Stairway are permitted in the rear yard only when the height of which is 16 inches or less above natural elevation.

b. Window Wells are permitted in the front, rear and side yards only when the following conditions are met, to wit:

1. the height of the window wells must be 16 inches or less above the natural elevation; and

2. no window well may be installed in an area designated as a required setback.

YARD

YARD, FRONT - Shall mean an open space, extending across the full width of the lot and lying between the street line and the front building line. (The depth of the front yard shall be measured horizontally at right angles from the street line, or radially on a curved street, to the front building line.)

YARD, REAR - Shall mean an open space extending the full width of the lot and lying between the rear building line and the rear lot line. (The depth of the rear yard shall be the mean distance from the rear lot line or its vertical projection to the part of the rear building line that is nearest thereto at any story level, and shall be measured at right angles to the rear lot line.)

YARD, SIDE - Shall mean an open, unoccupied space between the side line of the lot and the nearest wall of the building or structure and extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot.

§ 17-3 DISTRICTS AND MAP.

§ 17-3.1 Zoning Districts.

[Ord. #579, A III § 1; Ord. No. 09-2008 § 1]

For the purpose of this chapter, the Borough is hereby divided into Use Districts as follows:

Symbol	District	Zone
1E	1 East	Single Family
1W	1 West	Single Family
2E	2 East	Convenience Commercial
2W	2 West	Convenience Commercial
3	3	Beach
4	4	Recreational Open Space

§ 17-3.2 Location of Districts.

[Ord. #579, A III § 2]

The boundaries of these districts are described in subsection 17-3.3. References therein to lot and block numbers are from "Tax Map of the Borough of Sea Girt, Monmouth County, N.J. prepared by Peter R. Avakian, P.E. & P.L.S., May 2003."

§ 17-3.3 Descriptions of Districts. [1]

[Ord. #579, A III § 3]

The boundaries of these districts are described as follows:

a. District 1, East. BEGINNING at a point in the centerline of Sea Girt Avenue opposite the southwest corner of Lot 3, in Block 77 on the Tax Map and continuing, thence;

1. In a general easterly direction along the centerline of Sea Girt Avenue to its point of intersection with the centerline of Ocean Avenue as shown on "Tax Map of the Borough of Sea Girt, Monmouth County, N.J. prepared by Peter R. Avakian, P.E. & P.L.S.," thence;

2. In a northerly direction along the centerline of Ocean Avenue to a point in the southerly line of Lot 1, Block 7 of the Tax Map, thence;

3. In an easterly direction along the southerly line of Lot 1, Block 7 to a point in the southeast corner of Lot 1, thence;

4. In a northerly direction along the easterly lines of Lots 1 through 11, Block 7, to a point in the northeast corner of Lot 11 thence;

5. In a westerly direction along the northerly line of Lot 11, Block 7 to its point of intersection with the centerline of Ocean Avenue as shown on Tax Map, thence;

6. In a northerly direction along the centerline of Ocean Avenue to a point opposite the easterly corner of Lot 16, Block 15, of the Tax Map, thence;

7. In a general northwesterly direction along the centerline of The Terrace along the arc of a curve bearing to the left to a point opposite the easterly line of Lot 1 in Block 16, thence;

8. In a northerly direction long the easterly line of Lot 1 in Block 16 to a point, thence;

9. In a westerly direction along the northerly line of Lot 1 in Block 16, to a point in the easterly right-of-way line of First Avenue, thence;

10. In a northerly direction along the easterly right-of-way line of First Avenue to the centerline of Wreck Pond, thence;

11. In a westerly direction along the centerline of Wreck Pond to a point in the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company, thence;

12. In a southerly direction along the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company to its point of intersection with the centerline of Sea Girt Avenue, thence;

13. In an easterly direction along the centerline of Sea Girt Avenue to its point of intersection with the centerline of Sixth Avenue, thence;

14. In a northerly direction along the centerline of Sixth Avenue to its point of intersection with the centerline of the south side of Crescent Parkway, thence;

15. In an easterly direction along the centerline of the south side of Crescent Parkway to a point therein opposite the northwest corner of Lot 11, Block 76, thence;

16. In a southerly direction along the westerly line of Lot 11, to a point at the northwest corner of Lot 6, thence;

17. In an easterly direction along the northerly lines of Lots 6 through 1, Block 76 to a point in the centerline of Fifth Avenue, thence;

18. In a southerly direction along the centerline of Fifth Avenue to a point therein opposite the northeast corner of Lot 1, Block 77, thence;

19. In a westerly direction along the northerly lines of Lots 1 through 3, Block 77 to a point at the northwest corner of Lot 3, Block 77, thence;

20. In a southerly direction along the westerly line of Lot 3 to a point in the centerline of Sea Girt Avenue said point being the point or place of BEGINNING.

b. District 1, West. BEGINNING at the point of intersection of the centerline of Sea Girt Avenue and the centerline of Eighth Avenue, thence;

1. In a northerly direction along the centerline of Eighth Avenue and continuing along the centerline of N.J. State Highway #71 after its junction with Eighth Avenue to the centerline of Wreck Pond, thence;

2. In an easterly direction along the centerline of Wreck Pond to a point in the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company, thence;

3. In a southerly direction along the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company to its point of intersection with the centerline of Crescent Place as extended easterly across Bell Place and Lot 1, Block 91, thence;

4. In a westerly direction across Bell Place and Lot 1, Block 91 to the beginning of the centerline of Crescent Place, thence;

5. In a westerly direction along the centerline of Crescent Place to a point opposite the northwest corner of Lot 22, Block 105 of the Tax Map, thence;

6. In a southerly direction along the westerly line of Lot 22 to a point at the southwest corner of Lot 22, thence;

7. In an easterly direction along the southerly line of Lot 22 to a point at the southeast corner of Lot 22, thence;

8. In a southerly direction along the westerly line of Lot 1, Block 105 of the Tax Map to a point in the centerline of Sea Girt Avenue, thence;

9. In a westerly direction along the center line of Sea Girt Avenue to the point or place of BEGINNING.

c. District 2, East. BEGINNING at the point of intersection of the centerline of Washington Boulevard and the centerline of Fifth Avenue, thence;

1. In a northerly direction to a point in the centerline of Fifth Avenue opposite the northeast corner of Lot 1, Block 76 of the Tax Map, thence;

2. In a westerly direction along the northerly lines of Lots 1 through 6, Block 76, to a point at the northwest corner of Lot 6, thence;

3. In a northerly direction along the westerly line of Lot 11, Block 76, to a point in the centerline of the southside of Crescent Parkway, thence;

4. In a westerly direction along the centerline of the southside of Crescent Parkway to its point of intersection with the centerline of Sixth Avenue, thence;

5. In a southerly direction along the centerline of Sixth Avenue to its point of intersection with the centerline of Sea Girt Avenue, thence;

6. In an easterly direction along the centerline of Sea Girt Avenue to a point therein opposite the southwest corner of Lot 3, Block 77, thence;

7. In a northerly direction along the westerly line of Lot 3 to the northwest corner of Lot 3, thence;

8. In an easterly direction along the northerly lines of Lots 3 through 1, Block 77 to a point in the centerline of Fifth Avenue, thence;

9. Northerly along the centerline of Fifth Avenue to the point or place of BEGINNING.

d. District 2, West. BEGINNING at the point of intersection of the centerline of Sea Girt Avenue and the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company, thence;

1. In a westerly direction along the centerline of Sea Girt Avenue to a point opposite the southwest corner of Lot 1, Block 105 of the Tax Map, thence;

2. In a northerly direction at right angles to the centerline Sea Girt Avenue along the westerly line of Lot 1 to a point in the southerly line of Lot 22, Block 105 of the Tax Map, thence;

3. In a westerly direction along the southerly line of Lot 22 to a point at the southwest corner of Lot 22, thence;

4. In a northerly direction along the westerly line of Lot 22 to the centerline of Crescent Place, thence;

5. In an easterly direction along the centerline of Crescent Place to a point in the westerly line of the right-of-way of the N.J. Transit New York and Long Branch Railroad Company, thence;

6. In a southerly direction along the westerly line of the right-of-way line of the N.J. Transit New York and Long Branch Railroad Company to the point or place of BEGINNING.

e. District 3. All of the land east of the centerline of Ocean Avenue as shown on "Zone Map of the Borough of Sea Girt prepared by Leon S. Avakian, Inc., October, 2005" and as the line would extend to the north and south boundaries of the Borough; and that parcel of land bounded on the south by the centerline of The Terrace, on the west by the easterly and northerly line of Lot 1 in Block 16, and on the north by the centerline of Wreck Pond.

f. District 4. All of the land of the Borough not included in District 1 through 3 and bounded as follows: On the north by the centerline of Sea Girt Avenue, on the west by the west boundary of the Borough, on the south by the south boundary of the Borough and on the west by the west boundary of District 3.

[1] Editor's Note: The Tax Map referred to herein may be found on file in the Borough Offices.

§ 17-3.4 Zoning Map. [1]

[Ord. #936, § 1; Ord. No. 09-2008]

The Boundaries of these districts are hereby established and shown on the map entitled "Zone Map of the Borough of Sea Girt prepared by Leon S. Avakian, Inc., June 21, 2008," which is hereby adopted by reference and made a part of this chapter.

[1] Editor's Note: The Zoning Map dated June 21, 2008 is included as an attachment to this chapter.

§ 17-3.5 Interpretation of Boundaries.

[Ord. #579, A III § 5]

District boundary lines are intended to follow street and watercourse centerlines or property lines as they exist at the time of enactment of this chapter. The exact location of any disputed boundary line shall be determined by the Planning Board.

§ 17-3.6 (Reserved)

§ 17-3.7 Vacation of Streets or Other Public Ways.

[Ord. #579, A III, § 7]

Where a vacated street is bounded on either side by different districts the former center line of the vacated right-of-way shall be considered the new district line.

§ 17-4 SCHEDULE OF LIMITATIONS; CONFORMANCE WITH CHAPTER.

§ 17-4.1 Schedule of Limitations.

[Ord. #579, A IV, § 1; Ord. #621, §§ 2,3; Ord. #749, § 4; Ord. #755, § 14; Ord. #759, § 2; Ord. #825, § 5; Ord. #855, § 3; Ord. No. 09-2008; Ord. No. 15-2014 § 1; Ord. No. 02-2016; Ord. No. 06-2017 § 3; Ord. No. 17-2018; Ord. No. 19-2018 § 3; Ord. No. 20-2018 § 2]

The restrictions and controls intended to regulate construction and use of land or buildings in each zoning district are set forth in the "Schedule of Limitations" included as an attachment to this chapter.

§ 17-4.2 Use of Buildings and Land to Comply with Chapter.

[Ord. #579, A IV, § 2; Ord. #627, § 2]

No building or tract of land shall hereafter be used, erected, altered, converted, reduced or enlarged, wholly or in part, except in compliance with this chapter.

§ 17-4.3 Alteration of Natural Configurations and/or Elevations; Approval Required.

[Ord. #627, § 2]

No alteration of the existing natural configuration and elevation of any lands or lots shall be made without the permission of the Borough Engineer. Such permission shall be granted only where it is demonstrated that by reason of exceptional topographical conditions or physical features uniquely affecting a specific piece of property such alteration is necessary for the exercise of a permitted use of such property. Such permission will only be granted to the extent absolutely necessary to render the premises suitable for such permitted use. The decision of the Borough Engineer may be appealed to the Board of Adjustment or to the Planning Board in connection with an application for subdivision or site plan approval.

§ 17-4.4 Subdivision Not to Violate Regulations.

[Ord. #579, A IV, § 3]

Where a new lot is created out of a lot already occupied by a building, such subdivision shall be effected so as not to violate any of the requirements of this chapter with respect to each resulting lot.

§ 17-5 GENERAL REGULATIONS. [1]

[1] Editor's Note: Source History for Section 17-5: Ord. No. 579, A V; Ord. No. 749 § 3; Ord. No. 755; Ord. No. 825 § 3,4; Ord. No. 847 § 1; and Ord. No. 855, § 4 which amended subsections 17-5.1 through 17-5.15 in entirety.

§ 17-5.1 Accessory Buildings and Structures in Residence Districts.

[Ord. #855, § 4-1; Ord. #892 § 1; Ord. No. 15-2014 § 2; Ord. No. 02-2016 § 3; Ord. No. 20-2018]

a. Principal Building Required for Accessory Building. There shall be no accessory building or structure on any lot zoned for residential purposes unless:

1. There is a principal building or structure on the lot; and

2. The accessory building or structure is used in conjunction therewith.

b. Each lot having a single-family dwelling thereon shall have a garage, accessible by an automobile from the street, of no less than 275 square feet nor greater than 500 square feet. There shall be no more than one garage for each principal building. The garage shall be one of the following:

1. A freestanding garage no higher than 16 feet as measured pursuant to the ordinances of the Borough of Sea Girt; or

2. An attached garage no higher than 16 feet as measured pursuant to municipal ordinance and which meets all setback requirements for the principal building to which it is attached. An attached garage shall not be used in the calculation of building coverage pursuant to subsection 17-5.3, Building Coverage. No habitable space of any kind shall be permitted above an attached garage. The attached garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any attached garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the attached garage forms a part by a minimum of five feet. A garage attached to the principal building by breezeway or other covered structure shall be considered as an attached garage.

3. An integrated garage shall meet all of the setback requirements of the principal building of which it is a part. If a principal building contains an integrated garage, such garage shall be included in the calculation of lot coverage pursuant to subsection 17-5.3 Building Coverage. An integrated garage may have habitable space above. The integrated garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any integrated garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the integrated garage forms a part by a minimum of five feet.

4. Basement areas below accessory and/or garage structures are limited to use as storage space only; garage basement dwelling units are not permitted. Accessory and/or garage structures constructed with basement areas shall be included in the lot coverage calculation.

c. Additional Accessory Buildings. In addition to the garage as set forth in paragraph b above, each single-family dwelling may have one additional accessory building of no more than 120 square feet and no higher than eight feet in wall height, with a maximum 9/12 pitched roof. The additional accessory building may be freestanding or attached to, but shall not access, either the garage or the principal building. If attached to the principal building the additional accessory building shall not be included as part of the principal building's lot coverage pursuant to subsection 17-5.3, Building Coverage. Such additional accessory building shall be limited in use to a changing room, a bathroom, a storage shed, a pool equipment shed, or a combination thereof. The accessory building shall not be heated, shall not have any cooking facilities, and shall not be used for any other activity of daily living except as set forth herein.

d. Location of Parking. An accessory building or a private parking area shall not be located in any required front yard space, except that nothing shall prohibit an owner of a home from counting his driveway as a parking space. If located on a corner lot, an accessory building, or a private parking area, shall be set back from the side street to comply with the setback line applying to the principal building for the side street.

e. Distance from Adjacent Building and Property Line When a Garage Is Freestanding and/or the Accessory Structure Is Not Attached to the Principal Structure. The minimum distance of any detached accessory structure, including a freestanding garage, from a side property line and an adjacent building on the same residential lot shall be five feet. The minimum distance of any detached accessory building, including a freestanding garage, from a rear property line shall be three feet. In case of a corner lot abutting two or more streets, no detached accessory buildings, including freestanding garages, shall be erected in violation of any side yard setback requirements. No accessory structures, including freestanding garages, shall violate the front yard setback requirements of any lot.

f. Additional Accessory Buildings Specified in Paragraph c. Above as Set Forth as Part of Principal Building. The accessory building pursuant to paragraph c above may be erected as part of a principal building, provided that all setback requirements of this chapter for the principal building including the attached accessory building, are complied with.

g. Accessory Buildings Not to Be Constructed Prior to Principal Building. Notwithstanding any other provisions of this chapter, no building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the principal building to which the accessory building is accessory. If construction of the principal building does not precede or take place at the same time with the construction of the accessory building, the Construction Official shall have cause to revoke the building permit for the accessory building.

h. Second Dwelling Prohibited. There shall not be more than one single family residential building on a lot.

i. Building coverage. The maximum permitted building coverage on any residential lot shall be the equivalent of 20% of lot size, calculated as described in the definition of building coverage as that term is defined in Section 17-2.

j. Impervious Coverage. The maximum permitted impervious coverage on any residential lot shall be the equivalent of 35% of lot size, including all site features other than principal dwelling. Garage and accessory structure, driveways, walkways, patios, covered decks, decks installed over impervious materials, recreational facilities/courts, swimming pools with installed coping on less than four sides, sheds, cabanas, porches and all other areas covered by pavers or impervious material are included in the calculation of impervious coverage.

k. An uncovered deck installed over a pervious surface shall be excluded from the calculation of impervious coverage.

l. Dry Well(s) Requirement. Dry well(s) must be installed when a new principal dwelling is being constructed on a residential property. The dry well(s) must be designed to capture one gallon of roof run-off for every seven square feet of the lot area, with a minimum dry well to capture 1,100 gallons of roof runoff. The calculations for the dry well(s) must be prepared by the property owner's professional engineer and verified by the Borough Engineer prior to the granting of any zoning or building permits.

A residential lot that is constructing improvements to the principal dwelling that will exceed the maximum building coverage will require a drywell(s). The drywell(s) must be designed to capture 0.6 gallons of roof runoff for every square foot over the maximum building coverage allowed. The calculations for the dry well(s) must be prepared by the property owner's professional engineer and verified by the Borough Engineer prior to the granting of any zoning or building permits.

§ 17-5.2 Basement Beneath an Accessory or Principal Structure.

[Ord. No. 14-2017 § 1; prior history includes Ord. #855, § 4-1; Ord. No. 15-2014 § 3]

a. Definition: For purposes of this section, the following definition shall prevail:

BASEMENT OR CELLAR

Shall mean a story having more than 50% of its height below finished grade.

b. 

A grading and drainage plan shall be submitted with the permit application which plan shall include:

a. A full depth soil boring to the seasonal high groundwater table as prepared by a fully licensed Professional Engineer.

b. Location of existing and proposed grades.

c. Groundwater conditions.

d. Construction activities shall be undertaken in accord with all governmental agencies including, but not limited to, the regulatory requirements of the Freehold Soil Conservation District which include, but are not limited to, the following: Stone Tracking Pad; Perimeter Silt Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential Property; No off Site Discharge of Construction Dewatering Activities.

e. Bottom elevation of the basement or cellar shall not be less than two feet above the seasonal high groundwater elevation, as defined by January 1 through April 1 of each year.

§ 17-5.3 Conditional Uses.

[Ord. No. 19-2018 § 4; Ord. No. 20-2018 § 3; prior history includes Ord. #855, § 4-1; Ord. No. 15-2014 § 4]

a. Home Office Use in Residential Zones:

Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be permitted accessory use in residential zone districts, provided:

1. The use is limited solely to office use;

2. The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other person;

3. The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;

4. Interior storage of materials shall only consist of office supplies;

5. There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs or lights;

6. The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;

7. The use does not require any increased or enhanced electrical or water supply;

8. The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

9. The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;

10. Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district;

11. All vehicular traffic to and from the home office shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

b. Schools, (as defined in § 17-2 Definitions) churches and similar places of worship, parish houses, convents, church schools and libraries that are owned and operated by duly incorporated religious organizations shall be permitted in all zones of the Borough of Sea Girt, subject to the following limitations and requirements:

1. The minimum lot size shall be three-quarters of an acre for each building and accessory buildings. One parish house, convent, church school and church library may be constructed as part of a building used as a church or similar place of worship or in combination or singly as accessory buildings.

2. The minimum front yard depth shall be 50 feet.

3. The minimum side yard shall be 20 feet on both sides.

4. The minimum rear yard depth shall be 50 feet.

5. The minimum street frontage shall be 125 feet.

6. The maximum building height shall be two stories, not to exceed 50 feet to the highest point of any building, exclusive of chimneys, steeples and similar items.

7. Parking areas shall be located only in the side yards and rear yard and not in the buffer strips required by paragraph h below.

8. Buffer strips 10 feet in width with planting, as indicated by the location and existing trees and undergrowth, shall be maintained all along the side lines and rear line. No trees shall be removed in the buffer strips unless approved by the Planning Board.

9. There shall be a minimum of one separate entrance and one separate exit from and to a public street, collector road or arterial road.

10. No building permit shall be issued unless a site plan has been approved in writing by the Planning Board.

11. The Planning Board, in making its determination, shall be guided by the following standards in order that such uses may be properly related to the orderly and harmonious development of the community.

(a) The proper relationship of the particular structures and other features shown on the site plan to one another and to present and proposed structures and other features in the area.

(b) The proper relationship of parking areas, driveways and approaches to roadways and traffic flow on roadways and on private or public property in the area.

(c) The proper relationship of structures and other features to the contours of the land.

(d) The proper maintenance of natural features, trees and foliage.

(e) The proper development of buffer strips as required by paragraph 8 above.

(f) Such matters as relate to the planning and physical development of the Borough of Sea Girt.

§ 17-5.4 Mechanical Equipment.

[Ord. #855, § 4-1; Ord. No. 20-2018]

All exterior mechanical equipment, including units for heat, ventilation, air- conditioning, pool pumps and accessories, heat pumps, other than individual air- conditioners and permanently installed generators, to serve a building shall be located in the rear yard and/or on the top story of either the principal building or accessory buildings, either inside or outside. If installed in the yard, they shall comply with the rear yard and setback provisions. If installed on the buildings they shall not be visible from the front or side street and shall be located behind physical buffer such as a parapet wall or solid short fence so as to dampen noise effects on neighboring properties.

§ 17-5.5 Appearance of Buildings.

[Ord. #855, § 4-2]

a. In all residential districts, no building in which a permitted professional office is located shall be altered in such a way as to make its exterior design and appearance incompatible and inharmonious with a strictly residential appearance. Commercial and store front designs are prohibited.

b. Unfinished concrete block or cinder block wall surfaces are prohibited in all districts.

§ 17-5.6 Chimneys.

[Ord. #855, § 4-2]

a. A chimney shall not project more than 18 inches into any required setback area. The projection of any chimney more than 18 inches shall be considered part of the principal building and shall conform to all setback requirements. Any chimney that has a parallel length along its base on the outside wall of more than eight feet will have its base area considered as part of the principal structure and will comply with all setbacks and will be included in the square footage requirements of that structure.

b. Chimney construction material permitted will be of the following: factory built units, masonry chimneys, or metal smoke stacks, all of which may be covered with wood or synthetic siding conforming to fire code requirements and dimensions. Chimney will have covered cleancuts installed in the base to enable ash pits to be cleaned.

c. The height of the chimney shall be measured from the center point of the front setback line at natural elevation to the top of the cap. Chimney height will project vertically a minimum of two feet, but not more than four feet, above the highest covered point on the roof it adjoins from which it protrudes. Vent systems and flues will be installed so as to rise not more than one foot above the top surface of the chimney. Flues and vents exhausting smoke, sparks or gases generated by furnaces or heating units will be capped by a precipitation or animal guard covered on each side by heavy duty metal mesh. The cap will be included in the height consideration.

§ 17-5.7 Building Identification.

[Ord. #855, § 4-3]

All principal buildings in all districts shall be clearly identified with a house number, legible and clearly visible from the abutting street.

§ 17-5.8 Conformity to Area Regulations.

[Ord. #855, § 4-4]

Except as otherwise provided herein, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter, or use any building, structure, or land, except in conformity with the regulations of the district in which such building or structure is located or in accordance with subsection 17-6.1 or 17-6.2. (See also subsection 17-5.12, Nonconforming Uses, Structures or Lots.)

§ 17-5.9 Continuing Existing Uses.

[Ord. #855, § 4-5]

Except as hereinafter specified, any use, building or structure, lawfully existing at the time of the enactment of this and all prior Zoning Ordinances may be continued even though such use, building, or structure may not conform with the provisions thereof for the district in which it is located. (See subsection 17-5.12, Nonconforming Uses, Structures or Lots).

§ 17-5.10 Conversion of Buildings.

[Ord. #855, § 4-6]

The conversion of any existing nonresidential building in a residential district to a dwelling shall be encouraged provided such conversion shall conform with all the provisions of this chapter.

§ 17-5.11 Fences, Walls, Decks, Patios, Colonnades and Arbors.

[Ord. #855, § 4-7; Ord. #892 § 2; Ord. No. 02-2016 § 3]

a. Structural fences or line walls may be erected, altered or reconstructed to a height not to exceed three feet above ground level when located within the area bounded by the front building line as established by this chapter and the front lot line for the full width of the lot. In the case of a corner lot, except for fences that must meet all governmental requirements for swimming pools, the height limitation of three feet shall extend to the side yard area adjacent to the side street bounded by the side building line, and the side lot line for the full depth of the lot.

Structural fences or line walls may be erected, altered, or reconstructed to a height not to exceed four feet above ground level when located in any portion of a lot other than the areas described above.

b. For the purposes of a fenced patio and/or pool, structural fences may be erected, altered, or reconstructed to a height not to exceed six feet above ground level when located within that portion of the rear yard bounded by the side lines of the building or structure as extended to a point five feet from the rear property line and a line parallel to the rear property line distant five feet therefrom.

c. In the case of a corner lot, and for the purposes of a fenced patio and/or pool, structural fences may be erected, altered, or reconstructed to a height not to exceed six feet above the ground level when located in either the rear yard or the lot or the side yard thereof having but one street frontage. In either case, however, the location of the structural fence shall be confined to that area bounded by the side lines of the building or structure as extended to a point five feet from the rear or side property line and a line parallel thereto and five feet distant therefrom.

d. The foregoing restrictions shall not be applied to prevent the erection, alteration, or reconstruction of structural fences or line walls to a height not exceeding five feet above ground level located on any side or area lines of a lot abutting a public park.

e. The owner of any residential use abutting a commercial use may construct a six foot fence of solid construction, to shield the residential use along the common property line adjoining such commercial use as follows:

1. Along the entire common rear property line; and/or

2. Along the common side property line from a point even with the front building line of the principal residential structure, back to the rear property line of the residential structure. A residential property running from one street back to another street, shall be deemed, for the purpose of this subsection, to have two front yards and no rear yard, so that the six foot solid fence permitted hereby may only run the length of the building setback envelope from a point even therewith along the common side property line.

f. The following materials are prohibited in the construction of any structural fences or line walls permitted by this chapter: barbed wire, corrugated metal, expended metal, broken glass, spikes, sharp pointed stones, sharp pointed metal of any description, electrified wire.

g. The placement of any signs, words, lettering or posters other than initials, names, and/or addresses of the resident are prohibited on any structural fences or line wall(s) permitted in this chapter.

h. All fences shall be constructed so that the finished side of the fence shall face the exterior property lines.

i. Decks, patios, colonnades, arbors and similar structures without roofs may be attached or detached from buildings. These structures shall not be permitted in the front or side yards. The minimum distance from the side lot line shall be five feet and from the rear lot line shall be three feet. In the case of a corner lot abutting on two streets, there shall be no invasion of yards adjacent to either street. Unless specifically permitted elsewhere in this chapter, no structure of any kind may be placed within the defined setback and side yard areas.

§ 17-5.12 Nonconforming Uses, Structures or Lots.

[Ord. #855, § 4-8]

a. Except as otherwise provided herein, the lawful use of land or structures prior to the effective date of this chapter[1] and all prior Zoning Ordinances of the Borough of Sea Girt may be continued although such use does not conform to the regulations set forth therein for the zone in which such land or structure is located; provided, however, that no such building, land or structures, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered, except in conformity with the regulations of this chapter for the district in which such land or structure is located except as allowed in Section 17-6, Exceptions and Modifications.

[1] Editor's Note: Adopted by Ordinance No. 579 on May 12, 1987.

b. Abandonment. A nonconforming use which has become conforming or has been abandoned may not be resumed.

c. Restoration of Nonconforming Structure. If any nonconforming structure shall be destroyed or damaged by reason of windstorm, fire, explosion, or other act of God, or by the intentional destruction of such nonconforming structure by way of demolition, reconstruction, or otherwise by its owner, or by one working under the authority of, or on behalf of its owner, the nonconforming structure may be rebuilt, reconstructed, or otherwise restored, if such destruction affects less than 50% of the cubic footage of the structure as it existed before such destruction occurred.

If the destruction to any nonconforming structure is 50% or more of the cubic footage of the structure as it existed before such destruction, then the entire structure shall only be rebuilt, reconstructed, or otherwise restored in conformance with the municipal zoning ordinances so that the structure shall no longer be nonconforming. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any wall, floor, or roof, which has been declared unsafe by the Construction Official.

When any building being utilized for a nonconforming use is destroyed or damaged by any reason or cause so that such destruction affects 50% or more of the cubic footage of such building, such nonconforming use may not be resumed and the nonconforming use shall be deemed terminated.

The Borough Zoning Officer shall determine the extent of destruction upon the owner's application for a Building Permit or upon Zoning Officer's own inspection.

§ 17-5.13 Off-Street Parking in District 2 East and 2 West.

[Ord. #855, § 4-9]

All uses, whether permitted or granted by variance, shall comply with the provisions of this section.

a. Landscaping. Screen planting of a dense evergreen material shall be provided in any location where lights from vehicles in an off-street parking area designed for five or more vehicles may shine directly into windows of adjacent residential buildings. The height of such screen planting shall conform with the provisions of subsection 17-5.11.

b. Lighting. Any lighting used to illuminate an off-street parking area shall be arranged so that the light is directed or reflected away from any residential premises and public streets.

c. Setbacks. Parking areas for more than five vehicles shall be separated from the street right-of-way or other property line by a setback of sufficient distance to prevent any part of a vehicle from overhanging the street right-of-way, property line, or internal sidewalks. No parking area shall be an extension of a street right-of-way.

d. Surfacing and Curbing.

1. All driveways and off-street parking space shall be surfaced with an asphalt or concrete material so as to be hard surfaced, susceptible to effective drainage and dust free in accordance with the street specifications of Land Subdivision, Chapter XVI.

2. All off-street parking space, with the exception of single-family residences, shall have curbing or concrete or Belgian Block set in concrete to prevent vehicles from driving on required landscaped areas and street right-of-way to insure that such parking area has controlled entrances and exits.

3. All off-street parking areas designed for five or more vehicles shall have adequate designations to indicate traffic flow and parking spaces.

4. Location of Parking. An off-street parking area for five or more vehicles may occupy front, side, and rear yard areas. Nothing shall prohibit driveways of one family dwellings from being considered as one off-street parking space per family.

5. Type of Facility. Parking spaces for commercial vehicles may be located either on the surface of the ground or within the commercial building.

6. Requirements to Be Met at Time of Construction. All minimum requirements for off-street parking shall be met at the time of erection or enlargement of any principal dwelling or structure and shall provide separate provisions for adequate ingress and egress.

7. The parking space provisions shall also include adequate driveway and necessary turning areas for maneuvering the number of vehicles for which provision is made. Aisles providing access to all parking spaces shall be required and shall be at least 25 feet wide.

§ 17-5.14 Pending Application for Building Permit.

[Ord. #855, § 4-10]

Nothing in this chapter shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction, based upon plans, shall have commenced within 60 days of enactment of this chapter and shall be diligently pursued to completion within the time limits as prescribed by the Construction Code.

§ 17-5.15 Principal Structure; Principal Use.

[Ord. #855, § 4-11]

a. No more than one principal building or structure shall be permitted on one lot. (See Section 17-2, for definition of Structure).

b. No more than one principal use shall be permitted in one lot. (See Section 17-2 for definition of Use, Principal).

§ 17-5.16 through 17-5.18 (Reserved)

§ 17-5.19 Required Yards Cannot Be Used by Another Building.

[Ord. #579, A V, § 12]

No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing open space for meeting the same requirements for another principal building.

§ 17-5.20 Service Stations.

[Ord. #579, A V, § 13]

a. No service station shall have an entrance or exit for vehicles within 200 feet, on the same side of the street, from a school building, public playground, church, public building or institution except where such property is on another street which the lot in question does not abut. No service station shall be located on property the nearest boundary of which would be within 1,000 feet of property upon which another station is already located. The distance shall be measured on a straight line from the nearest property line of one to the nearest property line of the other.

b. No service station oil draining pit or other structure or appliance (other than gas and air pumps) shall be located within 20 feet of any street line or within 50 feet of any residential district, unless such appliance or pit is within a building. Gasoline pumps and air pumps within the required front yard space shall be no closer than 15 feet to the front line.

c. No unregistered or junked motor vehicle or part thereof, scrap metal or motor vehicle incapable of normal operation upon the highways shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles are located for a period of 24 hours upon any premises not within a closed and roofed building.

§ 17-5.21 Signs. [1]

[Ord. #579, A V, § 14]

All uses, whether by variance or as a permitted use, shall comply with the provisions of this subsection. Signs shall be attached to buildings or, if free-standing, the setback shall be at least 10 feet and sufficient so as not to interfere with the public right-of-way. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, and other places of business. See Schedule of Limitations included as an attachment to this chapter.

a. Animated or Illusionary Signs. Signs using mechanical or electrical devices to display movement or the illusion of movement are prohibited.

b. Flashing Signs. Signs with flashing, rotating or otherwise animated lights are prohibited.

c. Illuminated Signs. Where permitted, illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises in any residential district or adjoining highway and shall not constitute a nuisance. Illuminated signs shall comply with all Federal and State Codes.

d. Installation and Maintenance. Signs, together with all supports, braces, guys and anchors, shall be constructed of durable materials and maintained in good condition.

e. Professional Signs. Where permitted, professional signs shall not exceed two square feet in area per side except that a church, school or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area which, if not attached to the building, shall be at least 12 feet from all street lines.

f. Real Estate Signs. Real estate signs advertising the sale, rental or lease of the premises or portion thereof shall be set back at least 20 feet from all street lines and shall not exceed six square feet in area.

g. Removal of Signs. Signs shall be removed by the advertiser within 30 days after completion or termination of the purpose for which they were erected.

h. View. Signs and structures of all types shall be positioned to allow a clear, unobstructed view from street intersection stop lines and driveway and street intersections for a distance of 600 feet to the right and left.

i. Sign Area. The area of a framed sign shall be measured from the outward edges of the frame. The area of a sign that is not framed shall be measured from its outward edges. Signs with two exposures shall be measured for area by using the surface dimensions of both sides of the sign.

[1] Editor's Note: See also subsection 17-5.11 for additional prohibitions of signs on fences and walls.

§ 17-5.22 Swimming Pools.

[Ord. #579, A V § 15; Ord. #755 § 12; Ord. #23-2013; Ord. No. 02-2014; Ord. No. 18-2015]

a. Definition: For purposes of this subsection, the following definition shall prevail:

SWIMMING POOL

Shall mean any pool artificially constructed, any part of which is more than 18 inches in depth designed, used, and maintained for swimming and bathing purposes by an individual for use by members of his or her household and guests located on a lot as an accessory use to a conforming use, as now, or hereafter zoned.

b. Regulations.

1. It shall be unlawful to establish or construct or use a swimming pool within the Borough of Sea Girt without first obtaining a permit from the Zoning Officer and Construction Official in the manner hereinafter prescribed.

2. Permits. An application for a permit to construct a swimming pool shall be accompanied by four sets of plans which shall adhere the following:

(a) A grading and drainage plan shall be submitted with the permit application which plan shall include:

(1) A full depth soil boring to the seasonal high groundwater table as prepared by a fully licensed professional engineer.

(2) Location of existing and proposed grades.

(3) Groundwater conditions.

(4) Dimensions and location of the proposed pool, including setback requirements as per the Borough's ordinance.

(5) Direction of run-off.

(6) Direction of discharge from pool equipment.

(7) Location of mechanical equipment.

(8) Location and height of pool enclosure fencing with self- closing and self-latching gates.

3. All swimming pools shall be located in the rear yard area of the property.

4. Pools shall occupy no more than 800 square feet as measured along the surface of the water.

5. Bottom elevation of the pool structure shall not be less than two feet above the seasonal high groundwater elevation, as defined by January 1 through April 1 of each year.

6. No portion of a swimming pool shall be closer than 10 feet to a property's building line or any structure located on the premises.

7. Where a pool will be constructed on a corner lot, no swimming pool shall be located closer to the side street property line than the setback requirement for that particular street in accordance with the Borough's ordinance regarding same.

8. Swimming pools may be constructed with underwater lighting systems or exterior lights or both, provided that all exterior lights are located so that the light is directed or shaded in such a manner that no direct rays of light therefrom fall more than three feet upon any adjacent lots, and such light is neither directed nor reflected in such way as to cause a nuisance or annoyance to neighboring properties. All swimming pool lighting shall be in conformance with State Electrical Codes.

9. Swimming pools shall be completely surrounded by protective fencing with a minimum of four feet in height, but no more than six feet in height, which fencing shall include self-closing and self-latching gates. If pool fencing exceeds four feet in height, it shall be set back from the rear lot line at least five feet, and bounded by the side building lines. Such fences shall be suitably landscaped to minimize the visual impact on adjacent residential uses.

10. No sound amplifying systems shall be permitted in connection with a swimming pool.

11. Discharge System. No swimming pool shall be drained into or cause to be overflowed into the municipal sanitary sewer system or into the public streets of the municipality. No pool's filter system shall be connected in any manner with the municipal sanitary sewer system.

12. Swimming pools shall be constructed with an adequate system for surface disposal by absorption upon the property of the owner, without drainage onto any adjoining property. No such system shall be permitted to allow drainage to pump back into the ground by a system through lines other than the source of supply, or connected with the storm sewer system, if an underground system must be constructed on site to control runoff.

13. No swimming pool shall be constructed except as an accessory use to a dwelling on the same lot. The vertical walls of the pool shall not be nearer to any street than that which is permitted by the relevant setback requirements as per the Borough's ordinance. No swimming pool shall be constructed within 10 feet of any rear or side property lot line or any existing structure. No pool shall be constructed at an elevation greater than 12 inches higher than the unaltered existing ground elevation.

14. No pool fence shall remain open, unlocked or unlatched, except when said pool is in use.

15. No pool shall remain with water therein or without an adequate and safe cover for a period in excess of 30 days, unless the dwelling house, to which it is an accessory use, is occupied.

16. Construction activities shall be undertaken in accord with all governmental agencies including, but not limited to, the regulatory requirements of the Freehold Soil Conservation District which include, but are not limited to, the following: Stone Tracking Pad; Perimeter Silt Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential Property; No Off-Site Discharge of Construction Dewatering Activities.

17. No Certificate of Occupancy shall be issued by the Construction Officer until endorsed by the Zoning Officer certifying that the completed construction and development complies with the requirements of this chapter. Prior to such endorsement, the Zoning Officer shall have been provided by the owner at the time of inspection, three raised seal "As Built" surveys. These surveys shall clearly show all work done and the Zoning Officer at his discretion may require additional surveys.

c. Exemption. Nothing herein shall be construed to allow the construction of a swimming pool for public use within the Borough of Sea Girt.

d. Enforcement.

1. Every private swimming pool constructed, installed, and maintained in the Borough shall, at all times comply with any and all governmental regulations including, but not limited to, all State and local Health Codes. Any nuisance or hazard to health that may exist or develop in or in consequence of or in connection with any such private swimming pool shall be forthwith abated and removed by the owner, lessees or occupant of the premises on which the pool is located, upon receipt of notice from the Code Enforcement Officer of the Borough.

2. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this subsection. All complaints shall be filed with the Code Enforcement Officer.

3. The owner of any swimming pool within the Borough shall allow the Code Enforcement Officer, Construction Official or other authorized municipal official access to any swimming pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this subsection and all other pertinent Borough ordinances, at all reasonable times.

e. Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to the penalties as provided in Chapter I, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.

§ 17-5.23 Storage of Recyclable Materials.

[Ord. #632, § 1]

a. Materials designated in the Sea Girt Recycling Ordinances shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:

1. For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

2. For each subdivision application for 25 or more multi- family units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.

3. For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separate storage area must be provided to accommodate a one to four week accumulation of recyclable material. The Municipal Agency may require the location of one or more common storage areas at convenient locations within the development.

§ 17-5.24 Portable Storage Units.

[Ord. #22-2013]

a. Definition: For purposes of this subsection, the following definition shall prevail:

PORTABLE STORAGE UNIT

Shall mean any box-like container transported by truck or trailer to a desired location for drop off with a storage capacity of more than 1,024 cubic feet. A commonly accepted name for storage units of this type is "PODS^®," an acronym for portable on-demand storage.

b. Regulation of Portable Storage Units; Permit Required.

1. The maximum allowable size for a portable storage unit in a residential district shall be eight feet in height by eight feet in width by 16 feet in length.

2. Not more than one portable storage unit shall be permitted and said storage unit must be located on a paved surface.

3. The placement of any portable storage unit must comply with the side and rear lot set back line requirements in accordance with the applicable Borough ordinance and shall be placed no closer than five feet from any property line.

4. A portable storage unit may be utilized on site for a period not to exceed 15 days in any 365-day-period.

5. A valid permit from the Borough Clerk's Office is required.

6. All portable storage units shall be kept locked when not in use.

7. In the event of storm warnings, portable storage units must be removed from the premises immediately.

8. It shall be the responsibility of the property owner to maintain the portable storage unit and keep the unit clean, safe, and free of graffiti.

c. Exceptions; Permits.

1. Extension of time. The Borough's Code Enforcement Office may grant one fifteen-day extension permit for the placement of a portable storage unit in a residential district beyond 15 days, provided that the property owner has demonstrated that extenuating circumstances exist to justify such an extension. Such determination shall be made in the discretion of the Code Enforcement Officer. Extenuating circumstances shall include, but are not limited to, natural disasters, fire damage or any such circumstances beyond the control of the property owner.

2. Validity. Permits under this subsection shall be valid for the period specified on the permit from the date of issuance to the specific name and approved location only.

3. Fee Requirements. All initial applications for permits and requests for extension of permits shall be accompanied by the appropriate fee as set forth in paragraph d.

4. Prohibitions.

(a) Portable storage units shall not be allowed to be placed or unloaded on any Borough street or right-of-way under any circumstances.

(b) Placement of storage units on Borough streets and roadways is prohibited.

(c) No storage of living (or deceased) creatures of any kind.

(d) No hazardous materials, firearms, illegal substances, construction and/or demolition debris, business inventory, commercial goods.

d. Fee Schedule.

Issuance: $25.

Extension beyond thirty-day permit: $25.

e. Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a fine of no less than $100 per violation, in accordance with the penalties as provided in Chapter I, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.

f. All provisions of this subsection shall apply to all existing portable storage units within the Borough of Sea Girt.

§ 17-5.25 Dumpsters; Regulations, Permit Required.

[Ord. No. 06-2017 § 4]

a. Definition: For purposes of this section, the following definition shall prevail:

CONSTRUCTION MATERIAL

Any material that is used in the construction of a structure and its accessories.

DUMPSTER

Any container that has the ability to hold more than two fifty-gallon trash cans of debris or any container used for the purpose of holding construction debris.

b. Regulation of Placement of Dumpster; Permit Required. No person or company shall park any container, commonly known as a "roll-off dumpster: or "roll-off container" for the collection of trash, debris or construction material waste on or along a Borough roadway, private or public property, without having obtained a permit from the Code Enforcement Officer or his designee and paid the required fee.

1. Not more than one dumpster at any one time shall be permitted upon any construction site within the Borough of Sea Girt.

2. When placed upon a construction site, the placement of any dumpster must comply with the side and rear lot set back line requirements in accordance with the applicable Borough Ordinance and shall be placed no closer than five feet from any property line.

3. When it is necessary to place a dumpster upon Borough streets, prior permission must be obtained at least five working days in advance before placement of the container to allow inspection of site on the roadway by the Code Enforcement Officer or his designee and the Police Department. In addition, a suitable matting or cover shall be placed upon the surface of the roadway underneath said dumpster or container to minimize damage. Under no circumstances shall a dumpster or container be placed directly on the asphalt surface of the roadway.

4. Any person given permission to place a dumpster or container on the roadway shall deposit a maintenance bond in the form of a certified or cashier's check in the amount of $1,000 with the Borough. The Zoning Official, after consultation with the Police Department and the Department of Public Works, will then determine if the placement of said dumpster has caused any damage to the roadway. The cost of the repair will be deducted from the maintenance bond, and if it exceeds said amount, the permit holder will be responsible for the excess.

5. A dumpster or container placed on a Borough street may remain in the approved location for not more than 48 consecutive hours.

6. A valid permit from the Code Enforcement Officer is required.

7. All debris placed in the dumpster shall be contained below the top rim of said dumpster.

8. All dumpsters shall be kept covered in compliance with stormwater regulations adopted by the State of New Jersey, County of Monmouth or the Borough of Sea Girt.

9. In the event of storm warnings and upon notification by the Borough of Sea Girt Police Department, dumpsters must be removed from the premises immediately.

10. It shall be the responsibility of the property owner to maintain the dumpster and keep the unit clean, safe, and free of graffiti.

c. Markers and Warning Devices.

To warn the operators of vehicles of the presence of any roll-off dumpster or roll-off container parked on or adjacent to any roadway, dumpsters or containers shall be equipped with and display markers consisting of all red and yellow reflective diamond- shaped panels having a minimum size of 18 inches by 19 inches. These panels shall be mounted at the edge of the dumpster or container at both ends nearest the path of passing vehicles and facing the direction of oncoming traffic. These markers shall have a minimum mounting height of three feet from the bottom of the panels to the surface of the roadway. In addition, traffic cones will be placed around the container. Additionally, each dumpster or container will be marked with reflective tape, at least six square inches in size, located along the top of each side and between 36 and 48 inches above the bottom of the dumpster on each corner of the dumpster.

d. Container Identification.

Containers must be properly labeled with the name, address and telephone number of the company supplying the container.

e. Exceptions; Permits.

1. Validity. Permits shall be valid for the specific name and approved location only.

2. (Reserved)

3. Fee Requirements. All initial applications for permits and requests for extension of permits shall be accompanied by the appropriate fee as set forth in paragraph f of this subsection.

4. Prohibitions.

(a) No disposal of living (or deceased) creatures of any kind.

(b) No disposal of hazardous materials, firearms, illegal substances or household trash.

f. Fee Schedule.

Issuance: $100.

g. Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to the penalties as provided in Chapter 1, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.

h. Failure to Remove; Removal by Borough; Cost to Be Lien.

1. If the dumpster or other container for the collection of trash, debris or construction material waste is not removed from private property within 10 days of the completion of the project, the Code Enforcement Official shall notify the owner that he has 10 days in which to have the dumpster removed from the premises. In the event the owner fails to comply and the dumpster or container is not removed, it shall be deemed to have been abandoned and the Code Enforcement Official may arrange for its removal and the disposal of the contents of the abandoned dumpster or other container for the collection of trash, debris or construction material waste. Any trash, debris or construction material in the dumpster shall be presumed to have been from the subject property. The costs associated with removal of the dumpster and the disposal of its contents shall be a municipal lien against the property. A detailed statement of the aforesaid costs shall be certified by the Code Enforcement Official and forwarded to the Borough Council who shall examine the certificate and, if found correct, shall cause the same to be filed with the Tax Collector of the Borough and a copy of the detailed statement shall be immediately forwarded to the property owner by registered mail. This amount shall be charged against the land and shall forthwith become a lien upon the land and shall be added to and become and form part of the taxes next to be assessed and levied upon the land and to bear interest at the same rate as taxes and be collected and enforced by the same officers and in the same manner as taxes, all as provided by the provisions of the statutes of the State of New Jersey in such case made and provided.

2. In the case of a dumpster or container placed upon a roadway is not removed at the expiration of the permit, the maintenance bond shall be forfeited and become the property of the Borough of Sea Girt.

§ 17-5.26 (Reserved)

[Ord. No. 17-2018; Repealed by Ord. No. 19-2018]

§ 17-6 EXCEPTIONS AND MODIFICATIONS.

§ 17-6.1 Undersized Lots of Record.

[Ord. #579, A VI, § 1]

Any parcel of land with a lot depth or lot area less than that required by this chapter may be used as a lot for any purpose permitted in that District provided that:

a. The parcel of land was under one ownership at the date of adoption of this chapter and all prior Zoning regulations of the Borough.

b. The owner does not own any contiguous land which when combined with the subject parcel would result in a greater parcel complying with the terms of this chapter.

c. The parcel was either created by a subdivision duly approved prior to the effective date of this chapter or is described on a map entitled "Map of Sea Girt, Sincerbeaux, Moore & Shinn, July 1927."

d. All other requirements of this chapter and all prior Zoning regulations of the Borough are complied with.

§ 17-6.2 Exception to Front Yard Requirements.

[Ord. #579, A VI, § 2]

When more than 50% of the street frontage in any block is developed, the required front yard for any building to be erected shall have a depth not less than the average depth of the front yards of all existing buildings in the block, but in no case shall the setback requirement be greater than 40 feet.

§ 17-7 CERTIFICATES AND PERMITS.

§ 17-7.1 Zoning Permits.

[Ord. #579, A VII, § 1; Ord. #755, § 13; Ord. #02-2006, § 1; Ord. No. 17-2017; Ord. No. 02-2018]

Zoning permits shall hereafter be secured from the Zoning Officer prior to the issuance of a Building Permit for construction, erection or alteration of any structure or land. Prior to issuing a Zoning Permit, the Zoning Officer shall ascertain that all conditions and prerequisites of the Zoning Ordinance will be met. The survey submitted as part of these prerequisites shall note the elevation above sea level of the center of the front setback line. Zoning Permits shall expire one year after issuance if the use or substantial construction has not commenced.

a. Schedule of Application Fees for review of initial plan submission and one subsequent plan review, if necessary:

1. New structures or additions exceeding 750 square feet in area: $0.75 per square foot, maximum fee of $3,000.

2.

(a) Engineering Review Escrow for new structures or additions from 750 square feet through 2,499 square feet, inclusive (unexpended balance of escrow to be refunded): $1,500.

(b) Engineering Review Escrow for new structures or additions 2,500 square feet or greater (unexpended balance of escrow to be refunded): $3,000.

3. Pools: $1,000.

4. Engineering Review Fee for pools, escrow, unexpended balance refunded to property owner: $1,500.

5. Additions and renovations under 750 square feet (including garages and additional accessory structures): $750.

6. Incidental structures (includes sheds, driveways, sidewalks, walkways, patios, hardscape, trellis, arbors, colonnades, fences, and line walls and similar structures, as determined by Zoning Official): $250.

7. Plan review, three or more submissions; fees shall not exceed the fee for the initial submission: $500 each.

b. Annual Permit and Fee Required in conjunction with new construction and construction of additions over 750 square feet in area on property accessed from the unpaved roads in the Borough, that is, The Terrace west of First Avenue to Fifth Avenue and Carriage Way from Trenton to Philadelphia Boulevards: $5,000, payable each year.

1. Permits will be valid for one year from date of issue and must be renewed annually no less than 30 days prior to the expiration of the current permit and until a final Certificate of Occupancy is received from the Construction Office.

2. The proceeds of all permit fees collected by the Borough pursuant to paragraph b above will be reserved for future maintenance of the unpaved roads.

§ 17-7.2 Building Permits.

[Ord. #579, A VII, § 2]

Building permits shall hereafter be secured from the Construction Official prior to the construction, erection or alteration of any structure, but only after a zoning permit has first been secured from the Zoning Officer. Prior to issuing a building permit, the Construction Official shall ascertain that all conditions and requirements of the State Uniform Construction Code will be met. Building permits shall expire one year after issuance if substantial construction has not been commenced. A fee in the amount indicated in the State Uniform Construction Code shall accompany each application for a building permit.

§ 17-7.3 Certificate of Occupancy.

[Ord. #579, A VII, § 3]

It shall be unlawful to use or permit the use of any structure or premises or part thereof hereafter created, located, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Occupancy has been issued by the Construction Official certifying compliance with all provisions of the State Uniform Construction Code, or requirements of the Planning Board, and any conditions previously imposed by the Planning Board or Board of Adjustment.

No Certificate of Occupancy shall be issued by the Construction Official until endorsed by the Zoning Officer certifying that the completed construction, building or development complies with the requirements of this chapter, the requirements of the Board of Adjustment and/or Planning Board, if applicable. Prior to such endorsement, the Zoning Officer shall have been provided by the owner at the time of the foundation inspection, with a location survey, made and dated at the time of the foundation inspection. The survey shall clearly show all of the work to be done and the Construction Official at his discretion may require additional surveys.

§ 17-7.4 Enforcement.

[Ord. #579, A VII, § 4]

The provisions of this section shall be administered and enforced by the Zoning Officer and Construction Official. It shall also be the duty of the Police Department and the Fire Department to report any violations of the provisions of this section in writing to the Zoning Officer and, at the same time, send a copy of such report to the Borough Clerk. It shall be the duty of the Zoning Officer and Construction Official upon the filing with either of them of an application for a zoning permit or Certificate of Occupancy for any structure or use which does not conform with all provisions of this section, to notify the applicant in writing to that effect, stating in what respect such structure or use is nonconforming.

§ 17-8 ZONING BOARD OF ADJUSTMENT. [1]

(Reserved)

[1] Editor's Note: For the establishment of the Planning Board and dissolution of the Zoning Board of Adjustment, see Chapter XV, Land Use Procedures.

§ 17-9 VIOLATIONS.

§ 17-9.1 Penalties.

[Ord. #579, A IX, § 1; New: Ord. No. 947; Ord. No. 15-2014; Ord. No. 13-2015]

Any person who violates any provision of this chapter shall, upon conviction, for each and every violation be subject to the penalties stated in Section 15-6, Land Use Volume General Penalty.

§ 17-10 LOCAL AND STATE LAW.

§ 17-10.1 Ordinance Amendments.

[Ord. #579, A X, § 1]

This chapter may be amended in accordance with the New Jersey Municipal Land Use Law, Sections 40:55D-1 through 40:55D-99. In the event of conflict between the provisions of this chapter and the case and statutory law of New Jersey, the latter shall be applied.

§ 17-11 STORMWATER MANAGEMENT.

§ 17-11.1 Purpose.

[Ord. #2007-02 § 17-11.1; Ord. #16-2008 § 17-11.1]

a. Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

b. Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development.

c. Applicability.

1. This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

(a) Nonresidential major developments; and

(b) Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

2. This section shall also be applicable to all major developments undertaken by the Borough of Sea Girt.

d. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued 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.

e. Definitions for this section are found in subsection 17-11.13, "Definitions."

f. This Borough of Sea Girt ordinance was based on the model ordinance called "Model Stormwater Control Ordinance for Municipalities" proposed by the NJDEP in "NJDEP-NJ Stormwater Best Management Practices Manual-April 2004-Appendix D" at http://www.nj.gov/dep/stormwater/

§ 17-11.2 General Standards.

[Ord. #2007-02 § 17-11.2; Ord. #16-2008 § 17-11.2]

a. Design and Performance Standards for Stormwater Management Measures.

1. Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 17-11.3. To the maximum extent feasible, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

2. The standards in this section 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. Such alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.

3. For site improvements regulated under the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21, the RSIS shall apply in addition to this section except to the extent the RSIS are superseded by this section or alternative standards applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

§ 17-11.3 Stormwater Management Requirements for Major Development.

[Ord. #2007-02 § 17-11.3; Ord. #16-2008 § 17-11.3]

a. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development, in accordance with subsection 17-11.9.

b. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's 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 muhlnebergi (bog turtle).

c. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at subsections 17-11.3f and 17-11.3g:

1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

2. The construction of an above ground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

3. 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.

d. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements at subsections 17-11.3f and 17-11.3g 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:

1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

2. 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 subsections 17-11.3f and 17-11.3g to the maximum extent practicable;

3. The applicant demonstrates that, in order to meet the requirements at subsections 17-11.3f and 17-11.3g existing structures currently in use, such as homes and buildings would need to be condemned; and

4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through purchase or condemnation lands not falling under subsection 17-11.3d,3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate for requirements of subsections 17-11.3f and 17-11.3g that were not achievable on site.

e. Nonstructural Stormwater Management Strategies.

1. To the maximum extent practicable, the standards in subsections 17-11.3f and 17-11.3g shall be met by incorporating nonstructural stormwater management strategies at subsection 17-11.3e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in subsection 17-11.3e,2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

2. Nonstructural stormwater management measures incorporated into site design shall:

(a) Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

(b) Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces and lawns in excess of one acre;

(c) Maximize the protection of natural drainage features and vegetation;

(d) Minimize the decrease in the "time of concentration" from preconstruction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;

(e) Minimize land disturbance including clearing and grading;

(f) Minimize soil compaction;

(g) Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

(h) Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

(i) Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:

(1) Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 17-11.3e,3 below;

(2) Site design features that help to prevent discharge of trash and debris from drainage systems;

(3) Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

(4) When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4: 24-39 et seq., and implementing rules.

3. Site design features identified under subsection 17-11.3e,2(i)(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended or settleable solids. For exemptions to this standard see subsection 17-11.3e,3(c) below.

(a) Design engineers shall use either 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 (April 1996); 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.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

(b) Whenever design engineers use a curb-opening inlet, 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 (7.0) square inches, or be no greater than 2.0 inches across the smallest dimension.

(c) This standard does not apply:

(1) Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

(2) Where flows from the water quality design storm as specified in subsection 17-11.3g,1 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:

[a] A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inch.

(3) 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 subsection 17-11.3g,1: or

(4) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

4. Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsections 17-11.3.f and 17-11.3.g shall be dedicated to a government agency, subjected to a conservation restriction filed with the Monmouth County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

5. Guidance for nonstructural stormwater management measures is available in the New Jersey Stormwater Best Management Practices Manual. The manual is available on the Department of Environmental Protection's stormwater web page at http://www.njstormwater.org.

f. Erosion Control, Groundwater Recharge and Runoff Quantity Standards.

1. This section contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

(a) 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.

(b) The minimum design and performance standards for groundwater recharge are as follows:

(1) The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 17-11.4, either:

[a] Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction 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.

(2) This groundwater recharge requirement applies to all project areas within the Borough of Sea Girt, as defined by this section.

(3) 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 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.

(4) 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.

(c) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 17-11.4, complete one of the following:

(1) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

(2) Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

(3) Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

(4) In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

2. Any application for a new agricultural development that meets the definition of major development at subsection 17-11.12 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.

g. Stormwater Runoff Quality Standards.

1. Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional one-quarter (1/4) acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.

Table 1: Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)
0	0.0000
5	0.0083
10	0.0166
15	0.0250
20	0.0500
25	0.0750
30	0.1000
35	0.1330
40	0.1660
45	0.2000
50	0.2583
55	0.3583
60	0.6250
65	0.8917
70	0.9917
75	1.0500
80	1.0840
85	1.1170
90	1.1500
95	1.1750
100	1.2000
105	1.2250
110	1.2334
115	1.2417
120	1.2500

2. For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 17-11.6, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 17-11.6. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.

3. 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, and
A	=	the TSS percent removal rate applicable to the first BMP
B	=	the TSS percent removal rate applicable to the second BMP

Table 2: TSS Removal Rates for BMPs
Best Management Practice	TSS Percent Removal Rate
Bioretention Systems	90
Constructed Stormwater Wetland	90
Extended Detention Basin	40-60
Infiltration Structure	80
Manufactured Treatment Device	See subsection 17-11.5c.
Sand Filter	80
Vegetative Filter Strip	60-80
Wet Pond	50-90

4. If there is more than one on-site drainage area, the 80% TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

5. 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsections 17-11.3f and 17-11.3g.

6. Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 17-11.6.

7. 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.

8. Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

(a) The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

(1) A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.

(2) Encroachment within the designated special water resource protection area under paragraph (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this paragraph shall be subject to review and approval by the Department.

(b) All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey", established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4: 24-39 et seq.

(c) If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey", established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4: 24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

(1) Stabilization measures shall not be placed within 150 feet of the Category One waterway;

(2) Stormwater associated with discharges allowed by this section shall achieve a 95% TSS post-construction removal rate;

(3) Temperature shall be addressed to ensure no impact on receiving waterway;

(4) The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

(5) A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

(6) All encroachments proposed under this section shall be subject to review and approval by the Department.

(d) A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 17-11.3g,8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to subsection 17-11.3g,8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 17-11.3g,8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

(e) This subsection does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

§ 17-11.4 Calculation of Stormwater Runoff and Groundwater Recharge.

[Ord. #2007-02 § 17-11.4; Ord. #16-2008 § 17-11.4]

a. Stormwater runoff shall be calculated in accordance with the following:

1. The design engineer shall calculate runoff using one of the following methods:

(a) The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4-Hydrology, and Technical Release 55-Urban Hydrology for Small Watersheds; or

(b) The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

2. 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 17-11.4a, 1(a) and the Rational and Modified Rational Methods at subsection 17-11.4a, 1(b). 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).

3. 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 preconstruction stormwater runoff rates and volumes.

4. 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.

5. 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.

b. Groundwater recharge may be calculated in accordance with the following:

1. The New Jersey Geological Survey 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; [phone].

§ 17-11.5 Standards for Structural Stormwater Management Measures.

[Ord. #2007-02 § 17-11.5; Ord. #16-2008 § 17-11.5]

a. Standards for structural stormwater management measures are as follows:

1. Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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).

2. Structural 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 17-11.7c.

3. Structural 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, 7.4, and 7.5 shall be deemed to meet this requirement.

4. At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.

5. Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 17-11.7.

b. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by subsection 17-11.3.

c. Manufactured treatment devices may be used to meet the requirements of subsection 17-11.1 et seq. provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

§ 17-11.6 Sources for Technical Guidance.

[Ord. #2007-02 § 17-11.6; Ord. #16-2008 § 17-11.7]

a. Technical guidance for stormwater management measures can be found in the documents listed at paragraphs 1 and 2 below, which are available from Maps and Publications, Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone [phone].

1. Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

2. The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

b. Additional technical guidance for stormwater management measures can be obtained from the following:

1. The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625; [phone];

2. The Rutgers Cooperative Extension Service, [phone]; and

3. The Freehold Soil Conservation District located at 4000 Kozloski Road, P.O. Box 5033, Freehold, New Jersey, 07728; [phone].

§ 17-11.7 Safety Standards for Stormwater Management Basins.

[Ord. #2007-02 § 17-11.7; Ord. #16-2008 § 17-11.7]

a. 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.

b. The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins.

c. Requirements for Trash Racks, Overflow Grates and Escape Provisions.

1. 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:

(a) The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.

(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

(c) The average velocity of flow through a clean trash rack is not to exceed 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.

(d) 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 lbs./ft. sq.

(e) The trash rack shall be secured to the outlet structure but removable for emergencies and maintenance.

2. 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:

(a) The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

(b) The overflow grate spacing shall be no less than two inches across the smallest dimension.

(c) 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 lbs./ft. sq.

3. For purposes of this subsection, 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:

(a) 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 17-11.7d a freestanding outlet structure may be exempted from this requirement.

(b) 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 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 1 1/2 feet above the permanent water surface. See subsection 17-11.7e for an illustration of safety ledges in a stormwater management basin.

(c) 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.

d. Variance or Exemption from Safety Standards.

1. 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 of the Borough of Sea Girt, County of Monmouth or New Jersey Department of Environmental Protection, that the variance or exemption will not constitute a threat to public safety.

e. Illustration of Safety Ledges in a New Stormwater Management Basin.

§ 17-11.8 Requirements for a Site Development Stormwater Plan.

[Ord. #2007-02 § 17-11.8; Ord. #16-2008 § 17-11.8]

a. Submission of Site Development Stormwater Plan.

1. Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 17-11.8c below as part of the submission of the applicant's application for subdivision or site plan approval.

2. The applicant shall demonstrate that the project meets the standards set forth in this section.

3. The applicant shall submit eight copies of the materials listed in the checklist for site development stormwater plans in accordance with subsection 17-11.8c of this section.

b. 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 Engineer and 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 the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

c. Checklist Requirements. The following information shall be required:

1. Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equal 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 1 waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing manmade structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Additionally, a Drainage System Map shall be submitted showing all areas which extend a minimum of 2,000 feet beyond the limits of the proposed development, at a scale of one inch equal 200 feet, showing all wetland areas, rivers, and streams, based on Geographic Information System (GIS) data from the New Jersey Department of Environmental Protection (NJDEP), the New Jersey Geological Survey (NJGS), or both.

2. Environmental Site Analysis. A written and graphic description of the natural and manmade 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.

3. 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 groundwater elevations. The map(s) shall also show the location of streams and rivers, and each type of wetlands, based on Geographic Information System (GIS) data from the New Jersey Department of Environmental Protection (NJDEP), the New Jersey Geologic Survey (NJGS), or both. A written description of the site plan and justification of proposed changes in natural conditions shall also be provided.

4. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsections 17-11.2 through 17-11.5 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.

5. Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

(a) Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b) Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

6. Calculations.

(a) Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in subsection 17-11.3 of this section.

(b) 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 soil types present at the location of the control measure.

7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 17-11.9.

8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in agreement with the Borough Engineer, waive submission of any of the requirements in subsections 17-11.8c,1 through 17-118c,6 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.

§ 17-11.9 Maintenance and Repair.

[Ord. #2007-02 § 17-11.9; Ord. #16-2008 § 17-11.9]

a. Applicability.

1. Projects subject to review as in subsection 17-11.1c of this section shall comply with the requirements of subsections 17-11.9b and 17-11.9c.

b. General Maintenance.

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development. Guidelines for developing a maintenance and inspection program are provided in the New Jersey Stormwater Best Management Practices Manual and the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual, dated June 1989 available from the NJDEP, Watershed Management Program.

2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, and 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.

3. 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.

4. If the person responsible for maintenance identified under subsection 17-11.9b,2 above is not a public agency, the maintenance plan and any future revisions based on subsection 17-11.9b,7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

5. 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, and trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

6. The person responsible for maintenance identified under subsection 17-11.9b,2 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.

7. The person responsible for maintenance identified under subsection 17-11.9b,2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

8. The person responsible for maintenance identified under subsection 17-11.9b,2 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 subsections 17-11.9b,6 and 17-11.9b,7 above.

9. The requirements of subsections 17-11.9b,3 and 17-11.9b,4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

10. 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, 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. 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.

c. 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.

§ 17-11.10 Penalties.

[Ord. #16-2008 § 17-11.10; Ord. No. 15-2014; Ord. No. 13-2015]

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties stated in Section 15-6, Land Use Volume General Penalty.

§ 17-11.11 Effective Date.

[Ord. #2007-02 § 17-11.10; Ord. #16-2008 § 17-11.11]

This section shall take effect immediately upon the approval by the County review agency, or 60 days from the receipt of the ordinance by the County review agency, should they fail to act.

§ 17-11.12 Severability.

[Ord. #2007-02 § 17-11.11; Ord. #16-2008 § 17-11.12]

If the provisions of any subsection, paragraph, subdivision, or clause of this section shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision, or clause of this section.

§ 17-11.13 Definitions.

[Ord. #2007-02 § 17-11.12; Ord. #16-2008 § 17-11.13]

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

CAFRA CENTERS, CORES OR NODES

Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B. "Compaction" means the increase in soil bulk density.

CAFRA PLANNING MAP

Shall mean 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.

COMPACTION

Shall mean the increase in soil bulk density.

CORE

Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:

A County planning agency; or

A County water resource association created under N.J.S.A. 58: 16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

Shall mean the New Jersey Department of Environmental Protection.

DESIGN ENGINEER

Shall mean 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.

DESIGNATED CENTER

Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

Shall mean 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, 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.

DRAINAGE AREA

Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

EMPOWERMENT NEIGHBORHOOD

Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

Shall mean 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.

ENVIRONMENTALLY CRITICAL AREAS

Shall mean 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 well head 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.

EROSION

Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

IMPERVIOUS SURFACE

Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

Shall mean the process by which water that seeps into the soil from precipitation.

MAJOR DEVELOPMENT

Shall mean any "development" that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Projects undertaken by any government agency which 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."

MUNICIPALITY

Shall mean any city, borough, town, township, or village.

NODE

Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Shall mean any individual, corporation, company, partnership, firm, association, Borough of Sea Girt, 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.

POLLUTANT

Shall mean 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.

RECHARGE

Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT

Shall mean 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.

SITE

Shall mean the lot or lots upon which a major development is to occur or has occurred.

SOIL

Shall mean all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PAI)

Shall mean 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.

STATE PLAN POLICY MAP

Shall mean the geographic application of the State Development and Redevelopment Plan's goals and Statewide policies, and the official map of these goals and policies.

STORMWATER

Shall mean 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.

STORMWATER MANAGEMENT BASIN

Shall mean 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).

STORMWATER MANAGEMENT MEASURE

Shall mean 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 nonstormwater discharges into stormwater conveyances.

STORMWATER RUNOFF

Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

Shall mean 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.

URBAN REDEVELOPMENT AREA

Shall mean previously developed portions of areas:

(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PAI), Designated Centers, Cores or Nodes;

(2) Designated as CAFRA Centers, Cores or Nodes;

(3) Designated as Urban Enterprise Zones; and

(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE

Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND

Shall mean an area that is inundated or saturated by surface water or groundwater 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.