[Ord. #94-16, Appx. A]
All improvements shall be installed in complete accordance with
the standards of this Ordinance, with other particular specifications
approved by the Planning Board and City Engineer and with all other
applicable Municipal, County, State and Federal regulations.
a.
Should improvements be required which are not provided for within
the particular sections of this Ordinance, they shall be designed
and constructed in accordance with good engineering practice and recognized
design standards.
b.
The developer (or his engineer) shall submit detailed design
calculations and construction specifications in each instance.
c.
Prior to initiation of such specialized design, the particular
standards to be utilized shall be submitted for review by the City
Engineer with regard to off-site improvements and the Planning Board
Engineer with regard to on-site improvements.
The Standard Specifications for Road and Bridge Construction
of the New Jersey Department of Transportation (latest edition), including
all addenda, and the Standard Construction Details of the New Jersey
Department of Transportation (latest revision) as modified, supplemented,
amended or superseded by the requirements of this Ordinance, by the
approved final plat, by particular agreement among the Planning Board,
City Council and subdivider or by other applicable City, County, State
or Federal regulations, shall govern the completion of the required
improvements. Such Standard Specifications and Standard Construction
Details are made a part of this Ordinance by reference and will not
be repeated herein. It is the responsibility of all developers to
familiarize themselves with these standards, copies of which may be
examined at the offices of the City Clerk, Administrative Officer
and City Engineer and may be obtained, upon payment of the cost thereof,
from the New Jersey Department of Transportation. The requirements
of this Ordinance, of an approved final plat or of particular agreements
and conditions of approval and of applicable City, County, State or
Federal regulations shall govern and prevail in the case of conflict
between them and the Standard Specifications or Standard Construction
Details. Should the City adopt, subsequent to the effective data of
this Ordinance, particular and specific Standard Construction Details
for the City, they shall govern and prevail over the Standard Construction
Details of the New Jersey Department of Transportation previously
referred to.
All site plan and subdivision plats shall conform to design
standards that will encourage desirable development patterns within
the City.
a.
Where either or both an Official Map or Master Plan have been
adopted, the site plan or subdivision shall conform to the proposals
and conditions shown thereon.
b.
The streets, drainage right-of-way, school sites, public parks
and playgrounds and other municipal facilities shown on an adopted
Master Plan or Official Map shall be considered in the review of site
plan plans and subdivision plats.
c.
Where no Master Plan or Official Map exists, or makes no provisions
therefor, streets and drainage rights-of-way shall be shown on the
final plat in accordance with N.J.S.A. 40:55D-38, and shall be such
as to lend themselves to the harmonious development of the City and
the enhancement of the public welfare.
Within the criteria established by and subject to the review
and approval of the Planning Board, all design of a site plan or subdivision
is the responsibility of the developer and he shall be responsible
for and bear the entire cost of any and all investigations, tests,
reports, surveys, samples, calculations, environmental assessments,
designs, researches or any other activity necessary to the completion
of the design.
a.
The standards set forth in this Ordinance shall be taken to
be the minimum necessary to meet its purposes as set forth elsewhere
herein.
b.
The responsibility of the Planning Board shall be to see that
these minimum standards are followed and, in those cases not covered
by these standards, sufficient precautions are taken to assure that
the eventual design is conducive to the implementation of the purposes
of this Ordinance and the City Master Plan.
c.
The Planning Board may employ professionals in various disciplines
to advise and assist it in its determinations.
d.
Any decisions of the Planning Board regarding the suitability
or sufficiency of any design proposal, taken upon advice of its professionals
and subject to the provisions of this Ordinance, shall be deemed conclusive.
To properly execute the design of a site plan or subdivision,
it is anticipated that the developer will obtain or cause to be obtained
certain design data including, but not limited to, soil tests and
analyses, environmental assessments, traffic studies and traffic projections,
surveys, reports and similar design data.
a.
Any and all such data obtained by the developer, or by others
retained by him to complete the design, shall be made available to
the Planning Board and its employees and professional consultants,
for the purpose of reviewing the proposed design.
b.
Should the Planning Board determine that the design data submitted
is not sufficient for the purpose of completing a full review of the
proposal, it may request the applicant to provide such additional
information as is deemed necessary.
c.
Until the applicant supplies such information, no submission
under the provisions of this Ordinance shall be termed complete.
d.
Nothing contained herein shall be interpreted to prevent the
municipal agency from making or causing to be made such independent
studies, calculations or other undertakings as it deems necessary
in the review of any application for development.
When a developer determines that it will be necessary to utilize
design standards in addition to or other than those minimum requirements
established herein, he is advised to consult with the City Engineer
prior to beginning his detailed design, for review and approval of
his proposed design standards.
It is recognized that, in certain instances, preexisting conditions
or the uniqueness of a particular proposal may require the waiver
of some of the standards presented herein.
a.
The Planning Board may consider and, for cause shown, may waive
strict conformance with such of these detailed design standards as
it sees fit.
b.
Any developer desiring such action shall present with his application
for development a listing of all such waivers desired together with
the reasons therefor.
[Ord. #94-16, Appx. A]
All public improvements referred to in this section shall be
applicable to all site plans and subdivision plats, and shall be subject
to inspection and approval by the City Engineer who shall be notified
in writing by the developer at least twenty-four (24) hours prior
to the start of each phase of construction. No underground installation
shall be covered until inspected and approved.
[Ord. #94-16, Appx. A]
Before any developer, contractor or agent shall install any
of the above required public improvements, said developer, contractor
or agent must be approved and accepted by the City Engineer or for
the Director of Public Works for competency and previous experience,
and shall be required to supply such information as shall be necessary
for the City Engineer or the Director of Public Works to make such
determination.
No construction work shall commence without the City Engineer and Planning Board Engineer being notified in advance of such proposed construction, and such notice shall be given by the subdivider as provided in § 25-1600.6 of this Ordinance.
Prior to the submission of the final plat to the Planning Board,
the subdivider shall submit to the City Engineer for his approval
an estimate of all improvements or uncompleted portions thereof in
accordance with the requirements and specifications in this section,
together with an estimate of any damage to any existing accepted streets
abutting the proposed subdivision, which may be caused by reason of
work performed in said subdivision.
a.
As a condition to the final approval of the final plat by the
City Planning Board, the subdivider shall post a performance guarantee
conditioned upon the completion of the required improvements and for
repair of any damage caused by the subdivider to existing streets,
for soil protection, and protection against removal of trees.
b.
The performance guarantee shall consist of a performance bond
in an amount equal to the total estimated cost of the aforesaid items
plus twenty percent (20%) issued by a bonding or surety company authorized
to issue such performance bonds in New Jersey and to be approved as
to form by the Planning Board Attorney or by the deposit in escrow
of cash or negotiable securities as approved by the City Planning
Board or other collateral or surety agreements as may be approved.
c.
Such performance guarantee shall run for a period to be fixed
by the City, but in no case for a term of more than three (3) years.
1.
However, with the consent of the subdivider and the surety,
if there be one, the City may by resolution extend the term of such
performance guarantee for such additional period as it shall deem
reasonable under the circumstances.
2.
The amount of the performance guarantee may be reduced by the
resolution when portions of the required improvements have been installed
and inspected as above set forth.
d.
The subdivider shall also pay the City a fee amounting to five
percent (5%) of said estimated cost, to cover the cost of supervision,
payable prior to the signing of the plat by the appropriate City officials.
[Ord. #94-16, Appx. A]
For municipal acceptance of public improvements, when the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with City regulations, standards and specifications, and desire the City to accept the said improvements, he shall in writing, addressed to the City Planning Board with copies thereof to the Planning Board Engineer, request the Planning Board Engineer to make a semi-final inspection of the said improvements. Accompanying this request the developer shall submit an "as built" plan showing all subsurface utilities such as french drains, combination drains, sanitary sewage disposal systems, both public and individual water lines and control valves, gas lines, telephone conduits, monuments, property iron markers and any other utility or improvement installed but not shown on the original engineering detail plan. Planning Board acceptance of on-site improvements shall be subject to inspection by the Planning Board and or City Engineer. Said request shall be accompanied by an "as-built" plan as required by § 25-1300.18.
[Ord. #94-16, Appx. A]
The issuance of a Certificate of Occupancy for any improvement
within any subdivision or site plan shall be accompanied by a statement
from the City Engineer that all public improvements have been installed
and from the Planning Board Engineer that all on-site improvements
have been installed.
[Ord. #94-16, Appx. A; Ord. #11-10, § 10]
Improvements shall be designed and constructed in accordance
with the requirements herein.
a.
Should improvements be required which are not provided for within
the particular sections of this Ordinance, they shall be designed
and constructed in accordance with sound and accepted engineering
practices and recognized design standards.
b.
The developer (or his engineer) shall submit detailed design
calculations and construction specifications in each such instance.
c.
Prior to the completion of such specialized design the particular
standards to be utilized shall be submitted for review by the Planning
Board Engineer and the City Engineer.
d.
All parking areas, passageways and driveways shall be constructed with either bituminous concrete flexible pavement structure, or a Portland cement concrete rigid pavement structure: All durable dustless semi-pervious surface materials may be utilized under special conditions, as approved or recommended by the Planning Board Engineer in accordance with § 25-1700.22.
e.
The pavement structure design for each particular site utilizing
either a flexible or rigid pavement type shall be the responsibility
of the developer's engineer.
1.
The pavement design shall be based upon traffic loading projections
and field sampling and laboratory analysis of the subgrade soils to
be encountered in roadway areas in the site and shall follow current
design recommendations of the Asphalt Institute, Portland Cement Concrete
Association or such other generally recognized standards as may be
acceptable to the Planning Board Engineer.
2.
As a minimum requirement rigid Portland cement paving shall conform to the existing City Ordinance #26-79* (codified in Section 17-2 of the Revised General Ordinances) and § 25-1700.22 of this Ordinance.
3.
Flexible bituminous concrete shall be constructed as specified in § 25-1700.25.3b.
4.
Flexible bituminous concrete for parking areas and drive aisles
shall be minimum of two inches (2") FABC-1, Mix 15.
f.
The design and construction or approval of all sanitary sewer
systems (or extensions of existing systems), either publicly or privately
owned shall be under the jurisdiction of the New Jersey Water Company
- Shore District. Prior to the approval of any site plans, the full
approval of any public sewerage disposal system must have been obtained
from the New Jersey Water Company - Shore District and where applicable,
required State permits, filed with the Planning Board.
g.
No topsoil shall be removed from the site or used as spoil.
All topsoil moved during the course of construction shall be redistributed
on all regraded surfaces so as to provide an even cover and shall
be stabilized by seeding or planting. All regraded areas shall be
covered by a four inch (4") minimum thickness necessary to support
vegetative growth.
h.
No tree of six inch (6") caliper or more, located on a lot between
the borders of the lots and building setback line, shall be removed
except for the installation of a driveway aisle or parking area unless
such approval is in accordance with a plan approved by the Planning
Board.
i.
All planting, clearing, selective thinning, topsoiling, seeding
and other landscape work shall conform with the applicable requirements
of the standard specifications.
[1]
Editor's Note: Former Subsection 25-1700.3.7, Maintenance
Guarantee, previously codified herein was repealed in its entirety
by Ordinance No. 94-16.
The following standards and guidelines contained herein shall
apply to all applications for site plan approval containing proposed
new buildings and structures of alterations or modifications to existing
structures.
These building design objectives are intended to assist the
Planning Board in the review of specific development proposals.
a.
All buildings should be located with proper consideration of
their orientation and relationship to other buildings, both existing
and proposed, in terms of light, air and usable open space, access
to public right-of-way and off-street parking; height and bulk; drainage
and existing topography; trees and vegetation; water courses; solar
access, and energy conservation.
b.
No building facades, including single- and two-family residential
structures on individual lots, shall be designed to look like any
adjacent structure nor shall any such structure be the reverse image
of an adjacent structure in terms of architectural style and exterior
materials.
c.
Buildings should be designed to be attractive from all vantage
points, including fences, storage areas and rear entrances.
d.
Building setbacks should be varied to the extent practicable
in order to provide an interesting interplay of buildings and open
spaces.
e.
Accessory buildings should be architecturally treated in the
same manner as principal structures.
f.
All exterior storage areas and service yards, loading docks
and ramps, electrical and mechanical equipment and enclosures, storage
tanks and the like, shall be screened from the public view, within
and from the outside of the development, by a fence, wall, or mature
landscape materials, consistent with the exterior design of building
within the development.
g.
Colors, materials and finishes shall be coordinated in all exterior
elevations of buildings to achieve continuity of expression. All roof
and wall projections such as gutter, flues, louvers, utility boxes,
vents, grills, downspouts, exposed flashing, overhead doors, shall
be painted or installed with an anodized or acrylic finish, in a color
to match adjacent surfaces.
h.
Buildings of a traditional design should have steeper roofs.
Overhangs should be consistent in front and rear.
i.
All openings in the wall of a structure such as windows and
doors should relate to each other on each elevation, vertically and
horizontally, in a clearly defined order; and should take into account
orientation to the sun, in terms of architectural elements for sun-shading
and consideration of the efficiencies of heat loss and gain through
such openings.
j.
Buildings and parking areas should be designed to relate to
existing grade conditions. Exposed basement walls are not acceptable
as an architectural treatment. All exposed basement walls must be
painted to relate properly to the side of the building.
k.
Landscape elements shall relate to architectural design elements,
and shall be considered a strong unifying component of the overall
site design, reflecting the natural and man-made (architectural and
aesthetic) qualities of the development.
[Ord. #94-16, Appx. A]
These residential design standards and guidelines are intended
to assist the Planning Board in the review of specific proposals.
a.
Residential design should create the appearance of individuality
of housing units, and avoid the appearance of a large undifferentiated
project.
b.
Dwelling units should have adequate interior living space, using
low maintenance, high quality and aesthetically attractive materials.
c.
Easy access to outdoor space and parking from all residential
units should be provided.
d.
The design should provide safe, well-lighted residential environment
free of through traffic and congestion.
e.
Senior citizen housing should be located near community facilities,
public transportation and neighborhood retail services.
f.
Each development in excess of five (5) dwelling units shall
contain at least three (3) substantially different, yet architecturally
compatible, principal building design.
The following design guidelines should be adhered to for multi-family
developments:
a.
Site design should create identifiable clusters of dwellings
which relate visually and functionally to the open space network.
b.
Site design should minimize noise intrusion into the dwelling
cluster and protect the visual privacy of dwelling units.
c.
Private and common open spaces should be clearly delineated.
Recreation facilities should be designed and cited for the convenience
of the users. Where a variety of age groups are expected to inhabit
the development, recreation facilities should be designed to accommodate
the full range of inhabitants.
d.
Pedestrian circulation routes should accommodate the predictable
traffic patterns and form the shortest route between the dwellings
and the facilities likely to be used. It should parallel access roads
and adjacent streets and, where feasible, link the developments to
off site facilities that residents are likely to travel to.
Dwelling units in a multi-family development, designed for the
possible use by physically handicapped persons shall meet or exceed
N.J. Uniform Construction Code minimum property standards and the
additional requirements contained herein.
a.
Each such dwelling unit shall be accessible from the nearest
parking spaces by means of a walk uninterrupted by steps or abrupt
changes in grade and shall have a width of not less than five feet
(5') and a gradient of not more than one foot (1') in twelve feet
(12') or an approved ramp. The parking spaces for the dwelling unit
shall be reserved for the use of its occupants and be not less than
twelve feet (12') wide and shall not be so situated as to require
the handicapped to pass behind parked cars to reach the entrance way.
b.
The Planning Board shall approve common buildings and facilities
only if adequate provisions have been made for use by the physically
handicapped and shall be guided in such judgment by the specifications
for making buildings and facilities accessible to, and used by, the
physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J.
Barrier Free Design Regulations, promulgated by the Department of
Community Affairs.
The commercial and office design standards contained below are
intended to assist the Planning Board in the review of specific proposals.
a.
Exterior materials may include brick, stone, anodized aluminum
and baked enamel metal panels, precast concrete and similar materials,
with appropriate texture and trim to prevent large undifferential
facade of the same material. All historical buildings shall utilize
exterior materials compatible with and of a type which will enhance
the historical character of the structure.
b.
All roof planes or caps meeting the exterior facade shall have
overhangs or appropriate cornice and trim details.
c.
All major entrances to buildings shall be properly identified
with architectural elements such as recessed entrance ways, projected
overhangs, and porticos.
d.
Flat roof canopies on metal pipe columns shall not be used on
commercial buildings.
e.
Window and door openings shall include appropriate trim and
either recesses or overhangs to promote a harmonious variety of light
and shade on the facade of the building.
f.
Buildings and structures used for functional purposes, such
as warehouses, indoor sports facilities and manufacturing facilities,
shall include appropriate landscaping adjacent to boundary facades
in the public view.
g.
The Planning Board shall approve common buildings and facilities
only if adequate provisions have been made for use by the physically
handicapped and shall be guided in such judgment by the specifications
for making buildings and facilities accessible to, and used by, the
physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J.
Barrier Free Design Regulations, promulgated by the Department of
Community Affairs.
[Ord. #94-16, Appx. A]
a.
A buffer is an area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by use of trees, shrubs, fences and/or
berms, designed to continuously limit view of and/or sound from the
site to adjacent properties. Buffering shall provide a year round
visual screen.
Buffering shall be provided when the Planning Board determines
that there is a need to shield the site from adjacent properties and
to minimize adverse impacts such as incompatible land uses, noise,
light, and traffic.
Where buffers are required, the buffer shall be at least four
feet (4') wide and shall comply with the following standards:
1.
Shrubs and trees required as buffer elements shall be comprised of
a variety of species approved by the Shade Tree Commission and shall
conform to the current American Standard for Nursery Stock sponsored
by the American Association of Nurserymen, Inc.
2.
(Reserved)
3.
(Reserved)
4.
A berm may be used as part of the landscaped buffer screen in which
case the landscaping requirements may be reduced in minimum height
and quantity, provided a suitable and attractive visual screen is
maintained. The berm shall not be less than three feet (3') horizontally.
The design shall be reviewed by the Planning Board Engineer and the
Environmental Commission and/or Shade Tree Commission.
[1]
Editor's Note: Former Subsections 25-1700.5.1 and 25-1700.5.2,
previously codified herein, were repealed by Ordinance No. 94-16.
[1]
Editor's Note: Former Subsections 25-1700.5.1 and 25-1700.5.2,
previously codified herein, were repealed by Ordinance No. 94-16.
[Ord. 94-16, Appx. A]
a.
Walls and fences meeting Ordinance requirements may be erected
where required for privacy, screening, separation, security or to
serve other necessary functions.
Design and materials shall be functional and shall compliment
the character, size, and type of the building. No fence or wall shall
be so constructed or installed so as to constitute a hazard to traffic
or safety.
When the effective operation of a building or structure, or
equipment within a building or structure, necessitates placing machinery,
motors, generators, or similar device for cooling, heating or generating
purposes, outside or on top of a structure, they shall be screened
from public view.
b.
This screening shall consist of densely planted evergreen shrubs
which shall grow not less than five feet (5') after one (1) growing
season; or
c.
Extensions of parapet walls or mansard rooflines or structural
or ornamental screens or baffles.
d.
Any similar type of solid or uniform screening which will prevent
exposure of such equipment to public view.
The above requirements shall not be constructed to prevent an
opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as is possible so
as not to present any unsightly display of said equipment to public
view.
[Ord. #02-36 § 12; Ord. #14-23 § 2]
a.
Building on Pilings, Columns or Piers. Elevated buildings shall
provide screening (except where vehicular access is provided, and
except where the columns or piers are suitably finished) so that the
construction-grade pilings, columns, piers and cross-bracing are not
visible from the street, alley and adjoining properties, in a manner
permitted by the Federal Emergency Management Agency Flood Hazard
Regulations and the Ocean City Flood Damage Prevention Ordinance.
The screening shall be permanent (except in a "V" zone where break-a-way
walls are required), and may be constructed of wood panels, vinyl,
dimensional lattice, masonry or other suitable material compatible
with the finish and architectural style of the building.
b.
Buildings Elevated by Means of Solid Foundation Perimeter Walls.
Solid foundation perimeter walls shall be finished in a manner that
does not detract from the appearance of the neighborhood. Unfinished
concrete block and cinder block is not acceptable. Split-face and
decorative block, stucco, wood, vinyl and fiber cement siding, brick
(and veneers), stone (and veneers), or other suitable material compatible
with the finish and architectural style of the building are acceptable
foundation wall treatments.
c.
The Lowest Floor shall be used solely for the parking of vehicles,
building access and limited storage in accord with the applicable
non-elevation design requirements of 44 CFR Section 60.3.
[Added 2-23-2023 by Ord. No. 23-02]
[Ord. #14-09 § 3]
All development on tidal lagoons, navigable waterways, or other
bodies of water, either existing or proposed, shall provide for bulkheading.
In no case shall bank slopes, bulkhead, rip-rap, revetments, or other
elements of bank stabilization be located within required minimum
yard areas.
[Ord. #14-09 § 3]
[Ord. #14-09 § 3]
The Planning Board may consider waiver and/or modification of
this requirement when necessary to preserve wetlands or other natural
features, provided that minimum lot sizes may be maintained and that
all development may be reasonably secure from erosion.
In Zoning Districts where bulk storage is a permitted accessory
use, the following minimum requirements shall apply:
a.
No bulk storage of material or equipment shall be permitted
in any required front yard area.
b.
No bulk storage of materials or equipment shall be permitted
between any side or rear lot line and the required side or rear setback
line.
c.
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 25-1700.5 of this Ordinance and a six foot (6') chain link fence or equivalent shall be provided.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side, or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of § 25-1700.30 of this Ordinance.
All service roads, driveways and bulk storage areas shall be
paved with bituminous concrete or other surfacing material, as required
by the Planning Board, which shall be of sufficient strength to handle
the anticipated use.
In no instance shall on-site bulk storage of material exceed
the height standards in the Zoning Ordinance for the zone in which
it is located.
No heavy equipment shall be parked closer to the front property
line than the required front setback as stipulated in § 25300.12.4
of this Ordinance plus twenty feet (20'), except as same may be in
transit to or from the site.
All grading, excavation or embankment construction shall be
in accordance with the approved final plat and shall provide for the
disposal of all storm water runoff and such groundwater seepage as
may be encountered. All clearing, excavation and embankment construction
shall be in accordance with the applicable requirements of the New
Jersey Department of Transportation Standard Specifications. No excavated
material may be removed from the site except in accordance with an
approved final plat nor within the prior approval of the Planning
Board Engineer. Where borrow excavation materials from off-site sources
are required to complete the necessary grading, such material shall
meet the requirements of the Standard Specifications for Borrow Excavation,
Zone 3, and shall be subject to the approval of the Planning Board
Engineer. All trees to be saved must have a snow fence erected at
the drip line of the tree.
Materials which the Planning Board Engineer judges unsuitable
for use in roadway embankment may be used for grading outside the
roadway right-of-way or in building areas with the permission of the
Planning Board Engineer and the Construction Official (for building
areas). Any unsuitable material which cannot be satisfactorily utilized
on the site shall be removed from the site and disposed of at places
to be provided by the developer.
All construction layout and grading stakes shall be set by a
licensed professional land surveyor employed by the developer or his
contractor.
All rough grading must be completed prior to the construction
of roadway subgrade. All sidewalk areas and slope areas must be fully
graded prior to the construction of finished pavements.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways shall be provided with slopes no steeper than
one foot (1') vertical rise for every three feet (3') of horizontal
distance.
Such slopes shall be suitably planted with perennial grasses
or other ground cover plantings in accordance with the plans approved
by the Planning Board or the Cape Atlantic Soil Conservation Service,
where applicable.
[Ord. #13-24, § 9]
In areas where excavations or embankments would extend significantly
beyond road rights-of-way, thereby causing disruption to the natural
environment of the development, the Planning Board may, upon the application
of the developer, consider or may upon its own initiative, direct
the use of terraces, retaining walls, crib walls or other means of
maintaining roadway slopes.
a.
In any event, the entire roadway right-of-way shall be fully
graded and any retaining walls, crib walls or terraces shall be located
outside of the roadway right-of-way and their maintenance shall be
the responsibility of the owner of the property on which they are
constructed.
b.
The developer shall make suitable provisions in the instruments
transferring to any property containing such terraces, retaining walls
or crib walls and shall provide a copy thereof to the Planning Board
and the City Clerk.
c.
All graded areas within or outside of the roadway right-of-way
shall be neatly graded, topsoiled, fertilized and seeded to establish
a stand of perennial grasses.
d.
Logs, railroad ties and other floatable materials shall not
be used as or in the construction of retaining walls.
Top of slopes in excavations and the toe of slopes in embankment
areas shall not extend beyond the right-of-way line or, where provided,
the exterior line of the six foot (6') wide shade tree and utility
easement required herein.
[Ord. #04-13, § 10; Ord. #13-32, § 1]
Lots shall be graded to secure proper drainage and to prevent
the collection of storm water. Said grading shall be performed in
a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
Grading plans shall have been submitted with the preliminary and final
plats, and any departure from these plans must be approved in accordance
with the requirements of this Ordinance for the modification of improvements.
Grading shall be designed to prevent or minimize drainage to structures
or improvements when major storms, exceeding the design basis of the
storm drainage system, occur.
a.
Wherever possible, the land shall be graded so that the storm
water from each lot shall drain directly to the street or alley. If
it is impossible to drain directly to the street or alley, it shall
be drained to a system of interior yard drainage designed in accordance
with the standards for drainage facilities and suitable drainage easements
shall be provided.
b.
Unless otherwise required by the Standard Specifications, all
tree stumps, masonry and other obstructions shall be removed to a
depth of two feet (2') below finished grade.
c.
The minimum slope for lawns shall be three-fourths of one percent
(3/4%) and for smooth hard-finished surfaces, other than roadways,
four-tenths of one percent (4/10%).
d.
The maximum grade for lawns within five feet (5') of a building
shall be ten percent (10%) and for lawns more than five feet (5')
from a building, twenty-five percent (25%).
e.
Retaining walls installed in slope control areas shall be constructed
of reinforced concrete, other reinforced masonry or of other construction
materials acceptable to the Planning Board Engineer and detailed on
the final plat to carry all earth pressures, including any surcharges.
The height of retaining walls shall not exceed one-half (1/2) of the
horizontal distance from the foundation wall of any building on the
subject property to the face of the retaining wall, not to exceed
thirty inches (30") measured from grade on the adjacent property.
Should the City adopt, subsequently to this Ordinance, standard details
for such construction, the same shall govern.
f.
The developer shall take all necessary precautions to prevent
any siltation of streams during construction. Such provisions may
include, but are not limited to, construction and maintenance of siltation
basins or holding ponds, and division berms through the course of
construction.
[Ord. #11-10, § 11]
All concrete used in any subdivision or site improvement shall
be prepared in accordance with the requirements of the Standard Specifications.
[Ord. #11-10, § 12]
Curbing shall be constructed on both sides of all streets shown
on all major subdivisions and shall be required on minor subdivisions
in accordance with the standards prescribed for the requirements of
sidewalks in the case of minor subdivisions.
[Ord. #11-10, § 12]
Any existing pavements damaged by curb construction shall be
repaired to the standards herein and/or as shown on the final plat.
[Ord. #11-10, § 12]
Where one (1) side of the development boundary is along an existing
street, the curb and/or curb and gutter shall be constructed only
on a development side.
[Ord. #11-10, § 12]
Curb shall be constructed in accordance with Subsection 17-2.4 of the City Code.
[Ord. #11-10, § 12]
The curb at all delivery openings shall be constructed in accordance with Subsection 17-2.4 of the City Code.
[Ord. #11-10, § 12]
Curb shall be constructed in accordance with Subsection 17-2.4 of the City Code.
[Ord. #11-10, § 12]
Curb openings shall be constructed in accordance with Subsection
17-2.4.e.
[Ord. #94-16, Appx. A; Ord. #11-10, § 12]
Use of curbing with separately poured gutter will be allowed
in all areas and required in those areas having less than five-tenths
of one percent (.5%) profile slope with the following exceptions:
a.
Where fifty percent (50%) or more of the curb length of a street
would be required to have two (2) pour curb and gutter, the entire
street shall be constructed with two (2) pour curb and gutter.
b.
Where fifty percent (50%) or more of any subdivision is required
to have a two (2) pour curb and gutter, the entire subdivision shall
be constructed with two (2) pour curb and gutter.
[Ord. #11-10, § 12]
In areas with bituminous concrete pavements, required curb and/or
curb and gutter shall be constructed prior to the construction of
the bituminous base courses. Any required repairs to curbs and/or
curb and gutter which are not suitable for acceptance shall be made
prior to construction of the final pavement wearing course. In those
areas having Portland cement concrete pavement, the curb shall be
constructed after the construction and curing of the Portland cement
concrete pavement.
[Ord. #11-10, § 12]
Alternate curb types may be necessary or desirable in certain
instances. For example, these may be required by the Planning Board
on the perimeter of channelizing islands or in the areas of unusually
heavy gutter drainage flow, or may be desired by the developer for
decorative purposes or to preserve vegetation (e.g., granite block
curb, rolled concrete curb, etc.). 1) If alternate curb types are
to be permitted, an appropriate construction detail shall be submitted
for approval with the preliminary and final plats. 2) Continuous slip-formed
curb or combination curb and gutter may be permitted if such is considered
to be acceptable by the City Engineer. 3) The use of continuous slip-formed
curb or combination curb and gutter may only be permitted if the applicant
submits for review and approval details and specifications concerning
equipment, materials, and methods proposed for use and if the City
Engineer has inspected the installation and tested and approved a
suitable sample section of such curb or combination curb and gutter.
4) In the event the City Engineer does not approve the sample section
of curb or combination curb and gutter, the developer shall remove
the sample section and replace it with a type of alternate as may
be approved by the Planning Board.
All entrance and exit driveways to public streets shall be located
to afford maximum safety to traffic on the public streets.
[Ord. #94-16, Appx. A]
Whenever possible, any exit driveway or driveway lane shall
be so designed with regard to profile, grading, and location to permit
the following recommended sight distance measure in each direction
along the public street. The measurement shall be from the existing
driveway immediately outside of the right-of-way line.
|
Allowable Speed on Municipal Street
|
Required Sight Distance in Feet
|
|---|---|
|
25 m.p.h.
|
150
|
|
30 m.p.h.
|
200
|
|
35 m.p.h.
|
250
|
|
40 m.p.h.
|
300
|
[Ord. #94-16, Appx. A]
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared.
a.
Driveway Dimensions. The required maximum and minimum dimensions
for driveways are indicated in the following table:
|
One-Way Operation
|
Two-Way Operation
| ||
|---|---|---|---|
|
Curb Line Opening
(in feet)
|
Driveway Width
(in feet)
|
Curb Line Opening
(in feet)
|
Driveway Width
(in feet)
|
|
Commercial and Industrial
| |||
|
24-50
|
18-34
|
24-50
|
24-46
|
|
Service Station
| |||
|
15-36
|
24-36
|
20-36
| |
b.
Number of Driveways. The number of driveways provided from a
site directly to any one (1) municipal street shall be as follows:
|
Length of Site Frontage
|
Recommended No. of Driveways
|
|---|---|
|
100 feet or less
|
1
|
|
More than 100 feet to 800 feet
|
2
|
|
Over 800 feet
|
To be specified by the Planning Board upon receipt of advice
of the Planning Board Engineer.
|
[Amended 6-11-2020 by Ord. No. 20-08]
No driveway to or from a parking area serving a multifamily,
commercial or mixed-use development shall be located closer than 35
feet from the nearest right-of-way line of an intersecting collector
or arterial street. However, any major use such as shopping center
or office complex, which in the opinion of the Planning Board will
generate large traffic volumes, shall not be located closer than 100
feet from the nearest right-of-way line of an intersecting collector
or arterial street.
[Ord. #11-10, § 13]
No part of any driveway may be located within one foot (1')
of a side property line for single- and/or two-family dwellings and
within four feet (4') of a side property line for all other uses,
however, upon application to the Planning Board and approval of the
design by the Board Engineer, the Planning Board may permit a driveway
serving two (2) or more adjacent sites to be located on or within
ten feet (10') of a side property line between the adjacent sites.
Driveways used by vehicles in one-way direction of travel (right
turn only) shall not form in angles smaller than forty-five degrees
(45°) with the public street, unless acceleration and deceleration
lanes are provided.
Driveways used for two-way operation will intersect the public
street at any angle as near ninety degrees (90°) as site conditions
will permit and in no case shall it be less than sixty degrees (60°).
[Ord. #94-16, Appx. A]
Driveways serving parking areas for twenty-five (25) or more
cars and access drives for all parking areas from primary arterial
and certain secondary arterial roads shall have curb return radii
of not less than fifteen feet (15') for right turn movements and left
turn access from one-way streets.
Secondary arterial streets requiring fifteen feet (15') radii
shall be:
Roosevelt Boulevard from 34th Street to Central Avenue;
Ninth Street from Palen Avenue to West Avenue.
Concrete aprons shall be constructed where driveways traverse
sidewalks and curb areas at all street intersections.
Parking areas for less than twenty-five (25) cars may utilize
concrete aprons without curb returns at entrance and exit drives which
are not located on a minor arterial or principal arterial highway.
[Ord. #09-28, § 11; Ord. #11-21, § 10;
Ord. #2016-26 § 4; amended 6-11-2020 by Ord. No. 20-08]
Access drives for single- and two-family dwellings shall have
a minimum width of nine feet (9') and utilize concrete aprons without
curb returns regardless of size or location.
a.
Alley Lots. Driveway access shall be from the alley for all
lots adjoining an alley. On lots up to 39.9 feet in width, such drives
shall have a maximum width of thirty feet (30'); except on lots forty
feet (40') or greater in width, the maximum permitted driveway width
is thirty-six feet (36').
[Amended 10-26-2023 by Ord. No. 23-24]
b.
Non-Alley Lots. For lots having no rear yard access, such as
lagoon lots, beach front lots and other lots not accessible from an
alley, maximum driveway width shall be 24 feet.
c.
All such drives shall conform to the setback and impervious
coverage requirements of this Ordinance.
d.
Paved driveways shall comply with Subsection 25-1700.9
of this Ordinance.
e.
Driveways designed with permeable pavers shall comply with Subsection 25-300.12.4j of this Ordinance.
[Amended 2-23-2023 by Ord. No. 23-02]
f.
Ribbon/concrete strip driveways shall be constructed in accord
with the following specifications.
[Ord. #11-10, § 14; Ord. #11-21, § 10]
Maximum curb depression width for single- and two- (2-) family
dwellings shall be the driveway width plus four feet (4') but not
more than twenty-five feet (25').
Where a driveway connecting to a public street serves traffic
from parking areas of a major traffic generator, acceleration and/or
deceleration lane may be required in accordance with (Policy of Geometric
Design of Rural Highways 1965) American Association of State Highway
Officials.
The number of driveways, in such locations and of such widths,
as shall be certified by the engineering official having jurisdiction
over road design to be necessary and proper in order to achieve compatibility
with the road design in view of the site conditions, shall be permitted
and shall be deemed to constitute compliance herewith.
[Ord. #94-16, Appx. A]
If the road to which the driveways connect is a City street,
the certifying official shall be the City Engineer. If a County road,
the certifying official shall be the County Engineer or his designee.
If a State road, the certifying official shall be such official of
the New Jersey Department of Transportation division, bureau or other
unit in charge of road design for that road.
Aisles from which cars directly enter or leave parking spaces shall conform with the standards in § 25-300.12 of this Ordinance.
[Ord. #94-16, Appx. A; Ord. #11-10 § 15; Ord. #14-04
§ 12]
a.
On non-alley lots driveway aprons shall be required between the street curb to the rear edge of the sidewalk. They shall be in accordance with Section 17-2. Where sidewalks are not required, a five inch (5") thick bituminous concrete apron ten feet (10') wide between the curb and the right-of-way line which shall be two inches (2") thick of bituminous concrete type FABC and built over a quarry blend stone base six inches (6") thick, or six inches (6") of Bank Run Gravel.
b.
On alley lots, driveway aprons constructed to the standards cited
in § 25-1700.12.a shall be required between the edge of the alley
pavement and the property line.
a.
If the property on which a proposed development is to be located
is or is proposed to be traversed by a drainage facility of any kind,
including a pipe, channel, stream, or swale, the Planning Board may
require that a stormwater and drainage easement or right-of-way along
said facility be provided by the developer, conforming substantially
with the lines of such facility.
b.
If existing land drainage structures such as french drains are
encountered during the course of construction of any development,
such drainage structures shall either be removed entirely or a revised
final plat showing the location of such drainage structures and accompanied
with detailed cross-sections thereof shall be filed with the City
Engineer for consideration by the Planning Board. The Planning Board,
after consulting its Engineer and other appropriate agencies, shall
either require a drainage easement, require that the structure be
removed in part or in its entirely, or recommend such other action
to the governing body as it deems appropriate.
c.
All easements shall be shown on the final plat with a notation
as to the purpose and restrictions of the easement. Easement lines
of the final plan shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
d.
The land which is the subject of an easement or right-of-way
shall in the case of storm drains or constructed channels be of a
suitable width meeting the requirements for design of drainage facilities,
or be a strip which conforms substantially to the flood plain of any
watercourse along both sides of the watercourse to a width of thirty-five
feet (35') in each direction from the center line of the watercourse,
whichever is the greater; except, however, that if the location of
such watercourse is at or near the boundary of the subdivision, the
dimensions of the easements and right-of-way shall be modified to
retain it within the confines of the development.
e.
Said easement and right-of-way shall include provisions assuring
the following:
1.
Preservation of the channel of the watercourse.
2.
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement and right-of-way.
3.
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
4.
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow of drainage
through the watercourse, of maintaining any and all structures related
to the exercise of the easement and right-of-way and of installing
and maintaining a storm or sanitary sewer system or other public utility.
a.
Conservation easements may be required along all drainage and
storm water rights-of-way in the development and may be required along
ponds, marshes, swamps and streams or other watercourses along which
drainage rights-of-way are not required. Such easements are intended
to help prevent the siltation of streams and other courses and adjacent
lands.
b.
The land subjected to a conservation easement shall be a strip
at least twenty-five feet (25') but not more than one hundred feet
(100') in width independently located or running adjacent to each
side of any required drainage or storm water right-of-way.
c.
Such conservation easement shall contain provisions to restrict
the removal of trees and ground cover except for the following purposes;
removal of dead or diseased trees; thinning of trees and other growth
to encourage a more desirable growth; removal of trees to allow for
structures designed to impound water; and removal of trees in areas
to be flooded for the creation of ponds or lakes.
d.
The easements shall also prohibit filling or grading of the
lands or the disposal of refuse or waste material or any type within
the limits of the easement.
e.
The easement shall be indicated on the plat and shall be marked
on the land by iron stakes wherever the lines of such easement change
direction or intersect lot lines.
[Ord. #94-16, Appx. A; Ord. #04-13, § 10]
a.
Sight triangles shall be provided at all intersections, including
alleys. The Planning Board or the Board of Adjustment may, at its
discretion, or at the recommendation of the City Planner, Zoning Board
of Adjustment Engineer or Planning Board Engineer, require that easements
be granted for said sight triangles.
b.
No tree, shrub, sign or other structure exceeding a mature thirty
inches (30") height shall be located within the sight triangle that
would obstruct clear sight across the area.
c.
Such sight triangle shall be drawn by measuring from a point
in the middle of the travel lane of the stop-controlled street a distance
15 feet back from the extended curbline of the through street to a
point 170 feet away in the middle of each approach lane for all 15
mile per hour (m.p.h.) roads, 225 feet for all 20 m.p.h. roads, 280
feet for all 25 mile per hour (m.p.h.) roads, 335 feet for all 30
m.p.h. roads, 390 feet for all 35 m.p.h. roads, and 445 feet for all
40 m.p.h. roads. This sight triangle may be reduced in zones where
permitted yard setbacks allow building construction within the triangle
described herein above.
d.
Where intersections occur on highways or roadways under the
jurisdiction of the State of New Jersey or County of Cape May, the
sight triangle easements required by the State or the County of Cape
May may be substituted in lieu of the requirements above.
[Ord. #03-12, § 8; Ord. #11-21, § 11;
Ord. #13-32, § 2; Ord. #14-04 § 13; Ord. #17-23
§ 1]
There is no height limit for hedges, except as provided in Subsection 25-1700.14.1a and h. Fence, and walls hereafter erected, altered or reconstructed in any zone in the City shall not exceed four feet (4') in height above ground level, except that fences may be increased to a height of six feet (6') within the building lines or along the property line with the consent of the adjoining property owner(s) and also except as follows:
a.
Height of Hedges, and Fences:
1.
Front Yard - Solid fences and hedges shall not exceed three
feet (3') in height. Open fences shall not exceed four feet (4') in
height.
2.
Side Yard - Fences located between the front setback line and rear setback line shall not exceed four feet in height, except as permitted by Subsection 25-1700.14.1. On waterfront lots adjacent to a lot with a swimming pool, a new retaining wall may not render an existing, compliant fence noncompliant with this Ordinance or the minimum barrier regulations contained in the current version of the International Swimming Pool and Spa Code (ISPSC).
[Amended 12-12-2019 by Ord. No. 19-15]
3.
Rear Yard (waterfront lots) - Solid fences and hedges shall
not exceed three feet (3') in height. Open fences shall not exceed
four feet (4') in height unless additional fence height is required
to comply with the minimum requirements of the current version of
the ISPSC. Consent from adjoining property owners is not required
for fences on waterfront lots required to exceed four feet (4') in
height to comply with the minimum barrier regulations contained in
the current version of the International Swimming Pool and Spa Code
(ISPSC). The fence/pool barrier shall be open style and may be constructed
on top of a retaining wall. On waterfront lots adjacent to a lot with
a swimming pool, a new retaining wall may not render an existing,
compliant fence noncompliant with either this Ordinance or the minimum
barrier regulations contained in the current version of the ISPSC.
[Amended 12-12-2019 by Ord. No. 19-15; 2-23-2023 by Ord. No. 23-02]
4.
Rear yard fences on non-waterfront lots shall not exceed four
feet (4') in height, unless additional fence height is required to
comply with the minimum requirements of the current version of the
ISPSC. Consent from adjoining property owners is not required for
fences required to exceed four feet (4') in height to comply with
the minimum barrier regulations contained in the current version of
the ISPSC.
[Amended 2-23-2023 by Ord. No. 23-02]
b.
In any business zone, open wire fences not exceeding eight feet
(8') in height may be erected in the rear or side yard areas and behind
the building setback line.
c.
On park, recreation or school properties, open wire fences not
exceeding eight feet (8') in height may be erected in the rear or
side yard areas and behind the building setback line.
e.
Fences specifically required by other provisions of this Ordinance
and other municipal and State regulations. Notwithstanding fences
required by other municipal or State regulations, fences located in
the rear yard of oceanfront lots are required to be open fences not
greater than four feet (4') in height.
f.
Hedges, walls and fences located adjacent to a street shall conform to the requirements of Subsection 25-1700.13.3 of this Ordinance.
g.
Walls may be constructed of brick or stone or other maintenance-free
material, subject to review and approval by the approving authority.
Unfaced concrete block shall not be permitted.
h.
Solid fences, hedges and walls hereafter erected, altered, or
reconstructed in the front yard area of any zone shall not exceed
thirty-six inches (36 ") in height.
i.
Open fences located in the front yard area in any zone shall
not exceed forty-eight inches (48") in height. Fences exceeding forty-eight
inches (48") in height shall not extend forward of the front building
line on any existing building.
j.
Fences and walls shall not exceed six feet (6') in height when
located in any side or rear yard, except as follows:
1.
In any business or industrial zone, fences or walls not exceeding
eight feet (8') in height may be erected in the rear or side yard
areas behind the front building line.
2.
On public park, recreation or school properties, open wire fences
not exceeding eight feet (8') may be erected, except that fences enclosing
outdoor tennis courts, baseball backstops, and other fences normally
provided with recreation facilities may be open wire fences not exceeding
twelve feet (12') in height.
3.
Fences specifically required by other provisions of this Ordinance
and other municipal and State regulations.
k.
Retaining walls installed in slope control areas shall be constructed
of reinforced concrete, other reinforced masonry or of other construction
materials acceptable to the Planning Board Engineer and detailed on
the final plat to carry all earth pressures, including any surcharges.
The height of retaining walls shall not exceed one-half (1/2) of the
horizontal distance from the foundation wall of any building on the
subject property to the face of the retaining wall, not to exceed
thirty inches (30") measured from grade on the adjacent property.
Should the City adopt, subsequently to this Ordinance, standard details
for such construction, the same shall govern.
[Ord. #03-12, § 8, Ord. #17-23 § 1]
All fences, walls and hedges must be erected within the property
lines, and no fence shall be erected so as to encroach upon a public
right-of-way.
[Ord. #03-12, § 8]
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
The finished side of fences and walls shall face adjacent properties.
[Ord. #03-12, § 8]
All fences must also comply with the provisions of the City
Building Code except where in conflict with the technical provisions
of this section.
[Ord. #03-12, § 8]
Tennis and basketball court fences, baseball and softball backstops
and spectator protective fencing are exempt from the requirements
of this section provided they are not located within any required
yard area. Located outside of any required yard area, they are subject
to the height limitations of the particular zone district.
[Ord. #94-16, Appx. A; Ord. #03-12, § 8]
Fences which are painted or coated shall be painted in only
one (1) color, harmonious with the surrounding area. Multi-colored
fences are prohibited.
[Ord. #03-12, § 8]
Fences shall be erected in a manner so as to permit the flow
of natural drainage, shall not cause surface water to be blocked or
dammed to create ponding and shall comply with Ordinance 85-27 Flood
Hazard Regulations Ordinance within flood hazard areas.[1]
A certificate of occupancy shall not be issued for a new residential
structure which is the subject of a major subdivision or site plan,
located in an area serviced by New Jersey Water Company - Shore District
Water Service unless the distance from the midpoint of the frontage
of such premises to a functioning fire hydrant(s), as based on Insurance
Service Office (ISO) requirements is met.
Final subdivision plats shall not be approved by the Planning
Board unless fire hydrants are indicated on the final plat in accordance
with the requirements of the Insurance Service Office (ISO) and verified
by the Ocean City Fire Department.
Fire hydrants shall not be placed at the closed end of the turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than four hundred feet (400') in which event, the fire
hydrants shall be placed at both the open end and the closed end of
the cul-de-sac.
The installation of fire hydrants with respect to any subdivision
shall not be considered a subdivision improvement to be included in
the bonding requirements of this Ordinance but rather the proper installation
of fire hydrants shall be a condition of the issuance of Certificate
of Occupancy; however, all costs shall be borne by the developer.
All fire hydrants shall be painted in accordance with the standards
of the National Fire Protection Association (NFPA) Standard 291.
All fire hydrant barrels will be painted with chrome yellow
paint.
All fire hydrants installed in the City shall have no less than
two (2), two and one-half inches (2 1/2") hose connection outlets
and one (1), four and one-half inches (4 1/2") pumper outlets.
All threads are to be in accordance with the specifications of the
Fire Department of the City of Ocean City.
Hydrants shall be set plumb with nozzles eighteen (18") inches
above the ground or, where they are to be placed in hose houses, eighteen
inches (18") above the floor.
[Amended 12-12-2019 by Ord. No. 19-15]
A garage which is within the building line of a principal building
shall contain not more than fifty (50) parking spaces. Such shall
be lighted, equipped with fire extinguishers, shall have an adequate
ceiling height and shall be equipped with heat and smoke detector
and with natural and mechanical ventilation adequate to prevent the
accumulation of carbon monoxide or exhaust fumes in excess of one
(1) part in ten thousand (10,000) (0.01 percent) or the concentration
of gasoline vapors in excess of twenty percent (20%) of the lower
explosive limit.
An accessory commercial or industrial building garage shall
be fully enclosed and have a full roof covering all parking spaces.
No free standing commercial garage or parking structure building
shall be placed nearer than the allowable setback distances of the
zone district in which the structure is located to a side or rear
property line. In no case shall a garage or accessory building be
permitted between a street frontage and building.
a.
Garages, whether attached or detached, shall be arranged to
open to the side or rear of the lot except fully detached garages,
located entirely to the rear of the principal building.
b.
Attached garages shall have a joint capacity of not more than
ten (10) vehicles arranged in a row, and there shall be a minimum
distance of twenty feet (20') between such structures.
c.
Garages and other accessory buildings shall be no more than
one (1) story in height.
d.
The architectural design and materials used in the construction
thereof shall conform to the design and building materials used in
the construction of the main structures.
e.
No part of any garage or other accessory building shall be used
for living purposes.
All garages shall have adequate security provisions.
Only passenger vehicles, small vans, pick-up trucks, and similar
vehicles, whether such carry passengers or commercial plates, may
be parked in any parking space for extended periods.
Garages and parking areas shall be used as automobile parking
units only, with no sales, dead storage, dismantling or servicing
of any kind permitted.
Below grade, structured garages or grouped parking facilities
for nonresidential uses shall be subject to the applicable regulations
of this Ordinance including requirements for ventilation, lighting,
and safety.
Guardrails, pipe railing, or other appropriate barricades, as
required by the Planning Board shall be designed and placed at drainage
structures, streams, embankment limits, curves, and other required
locations.
Guardrails shall be standard steel-beam type with galvanized
steel posts in accordance with the Standard Specification details.
Alternate design of guardrails and barricades may be used and shall
be submitted for approval as part of the final plat submission.
Former § 25-1700.18, Landscaping and Shade Trees, previously codified herein and containing portions of Ordinance No. 94-16 was deleted in its entirety by Ordinance No. 12-03. See § 25-1700.38, Landscaping.
All parking areas for five (5) or more motor vehicles shall
be illuminated with approved exterior lighting standards, with a minimum
of one-half (1/2) horizontal foot candles average lighting level at
the surface of the lot.
All major pedestrian walkways and sidewalks which are not within
a street right-of-way or abutting a private internal street serviced
by street lighting and which are used by the public after sunset shall
be illuminated with a minimum lighting level of one-half (1/2) horizontal
foot candles average at the surface of the walk.
Monuments and property markers shall be of a size, shape and
material required by N.J.S.A. 46:23-9.N and N.J.A.C. 13:40-5.1 and
amendments and supplements thereto and shall be placed in accordance
with said Statute and Code.
Off-street loading and unloading areas shall be surfaced with an adequately designed durable, all weather pavement of either bituminous concrete or Portland cement concrete clearly marked for loading spaces in accordance with pavement design standards in § 25-1700.25.
Access to truck standing, loading, and unloading space shall
be provided directly from a public street or alley or from a right-of-way
that will not interfere with public convenience, and will permit orderly
and safe movement of truck vehicles.
Unless otherwise permitted, fire zones shall not be used as
standing, loading or unloading areas.
[Ord. #94-16, Appx. A]
Where parking, other than for single or two (2) family dwellings,
is permitted between the front building line and the property line,
a safety island or raised median separating the public street from
the parking area shall be provided in accordance with the following
minimum requirements (see Figures 5 and 6).
a.
The width of the safety island shall be four feet (4') minimum.
All required tree and shrub plantings shall be placed on the on-site
portion of the safety island, except that where screening is required
under this Ordinance, the screening requirements shall take precedence.
b.
Safety islands shall be landscaped, topsoiled, and seeded, except
that they may, as an alternative to seeding, be provided with a cover
or mulch of maintenance-free materials which provide a clear and unmistakable
distinction between the parking area and the safety island.
c.
Notwithstanding the use of maintenance-free materials, there
shall be provided at least one (1) deciduous tree two inches (2")
in diameter at breast height every forty feet (40') or part thereof,
on all safety islands. A greater distance will be allowed for plantings,
if necessary, for traffic safety. The area between trees shall be
planted with a minimum of three (3) evergreen type shrubs. The portion
of the safety island within twenty-five feet (25') of any access drive
or street intersection shall be planted with evergreen shrubs less
than thirty inches (30") in height. Alternate or additional plantings
may be permitted by the Planning Board in accordance with an approved
site plan.
d.
No commercial signs, light standards or other aboveground obstructions
other than plantings shall be permitted within five feet (5') of the
street right-of-way.
[Ord. #14-04 § 8; amended 6-11-2020 by Ord. No. 20-08]
Parking areas, passageways, and driveways accessed from a street
shall be designed with a dustless, durable, all-weather parking surface
as approved by the City Engineer or his designee and clearly marked
for parking spaces. Parking areas accessed from an alley may utilize
crushed stone, crushed shell, porous paving, paver blocks or other
materials approved by the City Engineer or his designee.
a.
Parking areas for less than 50 cars, which the Planning Board (or Zoning Board of Adjustment) determines are not likely to be utilized by truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1 over a six-inch gravel base, all in accordance with the specifications contained in § 25-1700.25, or constructed with grass block pavers pursuant to § 25-300.12.4j of this Ordinance.
1.
Rigid Portland cement concrete pavement may be utilized at the
option of the applicant who shall submit pavement details for review.
b.
In parking areas for 50 or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in § 25-1700.25 of this Ordinance.
c.
No more than one two-way access drive or two one-way access
drives shall be permitted on any street for an individual development
site.
d.
Where possible, access drives shall not be located closer than
fifty feet (50') from the nearest right-of-way line of an intersecting
street.
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FIGURE 5: TWO WAY ACCESS DRIVE
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FIGURE 6: ONE WAY ACCESS DRIVE
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e.
No parking stall shall be located to require a vehicle to back
into any portion of the right-of-way in order to enter or exit the
parking stall.
[Ord. #11-10, § 16]
Within parking areas containing five (5) or more parking spaces,
between parking spaces and principal buildings, adjacent to drive
aisles and driveways, and wherever pedestrian traffic will occur,
sidewalks shall have a minimum width of six feet (6').
a.
Sidewalks must be raised and curbed six inches (6") above the
parking area except where crossing streets or driveways and wherever
pedestrian traffic shall occur.
b.
Sidewalks and parking areas must be arranged to prevent cars
from overhanging or extending over sidewalk areas.
d.
Sidewalks located in the public right-of-way shall have a minimum width of six (6) six feet, except as may be modified by Subsection 17-2.5b or Subsection 25-1700.28.3b of the City Code.
e.
All sidewalk construction shall be in accordance with Section 17-2 and § 25-1700.28 of the City Code.
[Ord. #11-10, § 17]
The perimeter of all parking areas and internal islands within
all parking areas open to the general public shall have continuous
cast in place concrete curbing or such alternate curb types as may
be approved by the Planning Board at the time of site plan approval.
c.
The Planning Board may waive the requirement for curb in parking
areas open only to employees, service vehicles, or for loading and
unloading, provided that drainage, vehicle control and safety can
be properly accommodated by alternate means.
Required parking spaces for the physically handicapped should
be located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with State regulations
as detailed in Figure 7. Parking spaces for the physically handicapped
shall be a minimum of twelve feet (12') in width, and the number of
spaces to be provided shall be determined by N.J.A.C. 5:23 et seq.,
N.J. Barrier Free Design Regulations.
Parking lots which have a capacity for parking more than fifty
(50) vehicles shall be designed in accordance with the minimum design
standards contained herein.
a.
All the minimum design standards for small parking areas.
b.
All entrance drives shall extend a minimum distance of fifty
feet (50') back from the street curb line or to an access aisle.
c.
All exit drives shall extend a minimum distance of thirty feet
(30') back from the street curb or to a major access aisle.
d.
No parking stalls shall utilize the required entrance and exit
drives or major circulation drives as access aisles.
e.
Wherever feasible, access drives located along one-way streets
or divided highways shall be separate one-way drives. Said drives
shall be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
FIGURE 7: HANDICAPPED PARKING AND SIGN DETAIL
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FIGURE 7
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f.
Access drives shall not be located closer than fifty feet (50')
from the nearest right-of-way line of an intersecting street, except
that for uses such as shopping centers, which in the opinion of the
municipal agency will generate large traffic volumes, access drives
shall not be located closer than one hundred feet (100') from the
nearest right-of-way line of an intersecting street.
g.
No driveway shall be located less than four feet (4') from the
side property line.
h.
Where the Planning Board determines that the total number of
off-street parking spaces required by this Ordinance may not be immediately
required for a particular use, it may permit a staged development
plan, which requires that only a portion of the parking area be completed
initially, subject to the following regulations:
1.
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this Ordinance.
2.
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
3.
The portion of the parking area not to be paved initially shall be landscaped in accordance with § 25-1700.5 of this Ordinance.
4.
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article 1700 of this Ordinance which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
5.
In lieu of a permanent Certificate of Occupancy, a temporary
Certificate of Occupancy shall be issued for a period of two (2) years.
Prior to the expiration of the two (2) year period, the applicant
may either: 1) install the additional parking shown on the site plan
and apply to the Construction Official for issuance of a permanent
Certificate of Occupancy or; 2) apply to the municipal agency after
the use has been in operation a minimum of eighteen (18) months for
a determination as to whether or not the initial parking area provided
is adequate.
(a)
If the Planning Board determines that the parking
facility is adequate as originally constructed, the performance guarantees
may be released and a permanent Certificate of Occupancy issued.
(b)
If, however, the Planning Board determines that
the partial off-street parking area is not adequate, the applicant
shall be required to install the additional parking facilities in
accordance with the terms of the performance guarantees prior to issuance
of a permanent Certificate of Occupancy.
6.
Any change of use on a site for which the Planning Board may
have approved a partial paving of off-street parking area, to use
which requires more parking spaces than are provided on the site,
shall require submission of a new site plan.
Minimum off-street parking spaces required will be in accordance with § 25-300.12.5.
Public open space or common open space shall be proposed to
be provided in conjunction with applications for development for subdivisions
or site plans in accordance with requirements contained herein.
Natural features such as trees, water areas, marshes, and views
shall be preserved whenever possible in designing any subdivision
containing such features.
If the Master Plan or the official map provides for the reservation
of designated streets, public drainageways, flood control basins,
or public areas within the proposed development, before approving
a subdivision or site plan, the Planning Board may further require
that such streets, ways, basins, or areas be shown on the plat in
locations and sizes suitable to their intended uses.
a.
The Planning Board may reserve the location and extent of such
streets, ways, basins, or areas shown on the plat for a period of
one (1) year after the approval of the final plat or within such further
time as may be agreed to by the developer.
b.
Unless during such period or extension thereof the City shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations.
c.
The provisions of this section shall not apply to streets and
roads, flood control basins or public drainageways necessitated by
the subdivision or land development as required for final approval.
d.
The developer shall be entitled to just compensation for actual
loss found to be caused by such temporary reservation and deprivation
of use.
1.
In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxed apportioned to the land reserved and prorated for the
period of reservation.
2.
The developer shall be compensated for the reasonable increased
cost of legal, engineering, or other professional services incurred
in connection with obtaining subdivision approval or site plan approval,
as the case may be, caused by the reservation.
e.
Any land shown on the Master Plan as proposed for park, playground,
school site, or other public use shall be designated and reserved
for such use.
Where it is considered appropriate by the Planning Board, portions
of proposed open spaces may be designated for passive and/or active
recreational activities.
a.
Passive recreational activities may include, but are not limited
to, pedestrian paths, bicycle paths, sitting areas and naturally preserved
areas.
b.
Active recreation activities may include, but are not limited
to, swimming pools, tennis courts, and ball fields.
c.
The location and shape of any land to be designated for recreational
activities shall be approved by the Planning Board based on, but not
limited to, the standards contained herein.
1.
The Board shall consider the natural topography and shall attempt
to preserve the same to the greatest extent possible.
2.
The Board shall attempt to tailor the location and shape of
recreational areas to harmonize with the shape of the entire development.
3.
The Board shall consider the extent to which specific recreational
areas shall be used for passive or active recreational purposes.
4.
The Board shall request and consider recommendations from the
appropriate City officials.
5.
The Board shall consider the extent to which the residents of
the development shall be served by other existing or future recreational
facilities or lands within or in the vicinity of the development.
6.
The Board shall consider the sequence of development.
7.
The Board shall consider the effect which the location and shape
of recreational areas in the development will have upon the application
of sound planning principles as well as the general welfare, health
and safety of the residents of the development.
Within open space areas, the Planning Board may require a developer
to make certain site preparation improvements, which may include,
but are not limited to those contained herein .
Open space areas shall be subject to these requirements:
The type of ownership of land dedicated for open space purposes
shall be selected by the owner, developer, or subdivider subject to
the approval of the Planning Board.
a.
These shall include:
1.
The City of Ocean City (subject to acceptance of the City Council).
2.
Other public jurisdictions or agencies (subject to their acceptance).
3.
Quasi-public organizations (subject to their acceptance).
4.
Homeowners or condominium associations or organizations.
5.
Shared, undivided interest by all property owners in the development.
b.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Planning Board, which
insure that:
c.
No final approval of a subdivision or site plan containing open space created pursuant to this section shall be granted until the developer has submitted, and the Planning Board has approved the Master Deed for such open space and the by-laws of the organization established pursuant to § 25-1700.23.8, below.
The City or other governmental agency may, at any time and from
time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the Planning Board shall not require,
as a condition of approval, that land proposed to be set aside for
common open space be dedicated or made available to public use.
a.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the City
or other governmental agency.
1.
Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development;
2.
And thereafter such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to the City.
b.
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Administrative Officer
(Zoning Officer) may serve written notice upon such organization or
upon the owners of the development setting forth the manner in which
the organization has failed to maintain the open space in reasonable
condition.
1.
Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty-five (35) days thereof, and shall
state the date and place of a hearing thereon which shall be held
within fifteen (15) days of the notice.
2.
At such hearing, the Administrative Officer (Zoning Officer)
may modify the terms of the original notice as to deficiencies and
may give a reasonable extension of time not to exceed sixty-five (65)
days within which they shall be cured.
3.
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within said thirty-five (35)
days or any permitted extension thereof, the City, in order to preserve
the open space and maintain the same for a period of one (1) year
may enter upon and maintain such land.
4.
Said entry and maintenance shall not vest in the public any
rights to use the open space by the owners .
Before the expiration of said year, the Administrative Officer
(Zoning Officer) shall, upon his initiative or upon the request of
the organization theretofore responsible for the maintenance of the
open space, call a public hearing upon fifteen (15) days' written
notice to such organization and to the owners of the development to
be held by the Administrative Officer (Zoning Officer) at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the City shall not, at the election of the
City continue for a succeeding year.
If the Administrative Officer (Zoning Officer) shall determine
that such organization is ready and able to maintain said open space
in reasonable condition, the City shall cease to maintain said open
space at the end of said year.
If the Administrative Officer (Zoning Officer) shall determine
such organization is not ready and able to maintain said open space
in a reasonable condition, the City may, in its discretion continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination, in each year thereafter.
The decision of the Administrative Officer (Zoning Officer)
in any such case shall constitute a final administrative decision
subject to judicial review.
5.
The cost of such maintenance by the City shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with intersect
by the same officers and in the same manner as other taxes.
Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of § 25-1700.26 of this Ordinance.
a.
Sufficient outdoor play and activity equipment shall be installed
in accordance with standards of the National Parks and Recreation
Association for the expected number of residents in the development.
1.
It should be located in an area which will not be detrimental
to adjacent properties or uses.
2.
It should not produce objectionable features to emanate from
such facility.
3.
The provision and location of such equipment shall be subject
to Planning Board approval, after review by the Department of Parks
and Recreation.
[Ord. #94-16, Appx. A]
Roadways and all appurtenances, including subgrade, subbase,
base courses and pavements, shall be constructed in accordance with
the applicable requirements of the Standard Specifications as modified
herein. All subsurface utilities including service connections (terminating
at least two feet (2') behind sidewalks or at the front property line
if no sidewalk exists or is required) to each lot and all storm drains
shall be installed in all roadway areas prior to the construction
of final pavement surfaces.
All roadways shall be constructed with either a bituminous concrete
flexible pavement structure or a Portland cement concrete rigid pavement
structure. Only one (1) type of pavement shall be utilized throughout
any development.
[Ord. #94-16, Appx. A]
The pavement structure design for each particular development
utilizing either a flexible or rigid pavement type shall be the responsibility
of the developer or his engineer.
a.
The pavement design shall be based upon traffic loading projections
and field sampling and laboratory analysis of the subgrade soils to
be encountered in roadway areas in the development and shall follow
current design recommendations of the Asphalt Institute, the Portland
Cement Concrete Association or such other generally recognized standards
as may be acceptable to the City Engineer.
1.
As minimum requirements, rigid Portland cement paving shall
be expansion joint type paving utilizing joints similar to Type A
expansion joints, according to the Standard Construction Details of
the New Jersey Department of Transportation.
2.
Shall be reinforced, constructed with Class B air-entrained
concrete and shall have a minimum thickness of six and one-half inches
(6 1/2") for local, local collector, and minor collector streets
and eight inches (8") for other classifications.
b.
Flexible bituminous concrete paved roadways shall be constructed
as follows:
1.
Primary arterial highways under the jurisdiction of the State
of New Jersey, shall be designed in accordance with standards promulgated
and approved by the N.J.D.O.T.
2.
Secondary arterial highways and collector streets under the
jurisdiction of the County of Cape May shall be designed in accordance
with standards promulgated and approved by the Cape May County Engineer.
3.
Secondary arterial highways and collector streets under the
jurisdiction of the City of Ocean City shall be constructed as follows:
All subgrade shall be prepared in accordance with the applicable
requirements of the Standard Specifications for bituminous concrete
and reinforced concrete pavements.
a.
Prior to the construction of any subbase, base or pavement course,
all soft or unyielding portions of the subgrade which do not attain
the required stability will be removed and replaced with the suitable
material, and the whole surface of the subgrade shall be compacted.
b.
The provision of a uniform roadway subgrade meeting the requirements
of the Standard Specifications shall be the full responsibility of
the developer.
c.
In certain cases, special treatment may be required because
of the character or nature of the subsoil.
Where granular subbase courses are included in the pavement
design section proposed by the developer, they shall be constructed
in accordance with the applicable requirements of the Standard Specifications.
a.
Bituminous concrete pavements (and stabilized bases) may be
constructed on subgrade without subbase or aggregate base courses
provided that the subgrade can be satisfactorily prepared as hereinbefore
described.
b.
Dense graded aggregate base courses shall comply with the requirements
of the Standard Specifications for Soil Aggregate, Type 5, Class A,
or Type 2, Class A or B.
c.
Portland cement concrete pavements must be constructed with
a minimum of six inches (6") of a granular type subbase meeting the
requirements of the Standard Specifications for Soil Aggregate, Type
4, Class E.
d.
Any subbase course of aggregate base course to be utilized with
any type of pavement shall have a minimum thickness of four inches
(4").
Bituminous base course for use with bituminous concrete pavements
shall consist of plant-mixed bituminous stabilized base course (stone
mix or gravel mix) in accordance with the requirements of the Standard
Specifications.
a.
Except that the requirements for the construction of the base
course shall be amended to allow the laying of the base course with
a single lift maximum thickness not exceeding four inches (4").
b.
Prior to placement of any bituminous stabilized base course,
the finished surface of any underlying subbase or aggregate base shall
receive a prime coat in accordance with the requirements of the Standard
Specifications.
Bituminous pavements shall consist of a bituminous concrete
surface course Type FABC-1, in accordance with the requirements of
the Standard Specifications.
a.
The bituminous pavement wearing surface should generally not
be installed until just prior to the time the streets are prepared
for final acceptance.
1.
Prior to the installation of a bituminous concrete surface,
the bituminous base course shall be inspected by the City Engineer.
2.
Any areas of the base course in need of repair shall be removed
and replaced at the direction of the City Engineer.
3.
If the City Engineer directs, a leveling course of FABC material
shall be placed on any uneven or below grade base courses prior to
the placement of finished pavement.
b.
No pavement surfaces shall be placed unless permission to do
so has been granted by the City Engineer.
Concrete pavements shall be constructed in accordance with the
requirements of the Standard Specifications.
In areas where alternate pavement types are proposed or desired
either for decorative purposes, because of physical restrictions or
existing conditions, or because of limitations or shortages in certain
types of construction materials, a detail of the type and/or location
of alternate pavement types proposed shall be submitted for approval
with the preliminary and/or final plat.
a.
The use of alternate pavement types may only be permitted if
the applicant submits for review and approval, details and specifications
concerning the equipment, materials, and methods proposed for use,
and if the City Engineer has inspected the installation of, and tested
and approved a suitable sample section of such pavement.
b.
In the event the City Engineer does not approve the sample section
of pavement, the developer shall remove the same section and replace
it with a type of pavement permitted by this Ordinance or such other
alternate as may be approved by the Planning Board.
When the effective operation of a building or structure, or
equipment within a building or structure, necessitates placing machinery,
motors, generators, or similar devices for cooling, heating, or generating
purposes, outside or on top of any structure, they shall be screened
from public view.
a.
This screening shall consist of densely planted evergreen shrubs
which shall grow to not less than five feet (5') after one (1) growing
season along with a solid screening element.
b.
Extensions of parapet walls or mansard roof lines or structural
or ornamental screens or baffles.
c.
Any similar type of solid or uniform screening which will prevent
exposure of such equipment to public view.
The above requirements shall not be construed to prevent an
opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as is possible so
as not to present any unsightly display of said equipment to public
view.
Sanitary sewers will be required by the Planning Board on advice
by the City Engineer or other competent authority.
The design and construction or approval of all public systems
for extensions of existing system(s) either publicly or privately
owned, shall be under the jurisdiction of the New Jersey Water Company
- Shore District.
Prior to the approval of any final plat, the full approval of
any sanitary sewage disposal system must have been obtained from the
New Jersey Water Company - Shore District and filed with the Planning
Board, or the final approval will be conditioned upon full approval
of the New Jersey Water Company - Shore District.
Public sewage disposal system shall be installed in accordance
with the rules and regulations of the N. J. Board of Public Utilities
and in accordance with other requirements of law and subject to the
approval of the New Jersey Water Company - Shore District.
Sidewalk construction shall be required on both sides of all
streets within a development and entirely around the perimeter of
all culs-de-sac. Where the development abuts an existing street, the
sidewalk shall be constructed only on that side. Sidewalks shall also
be constructed at any other places, such as pedestrian walkways or
access points to open space, as shown on or required at the approval
of the final plat.
Sidewalks within street rights-of-way shall generally be located
with the sidewalk edge farthest from the roadway placed one foot (1')
from the property line. Sidewalks not within street rights-of-way
shall be located to provide for the most likely routes of pedestrian
travel. In cases where the topography dictates or a proposed development
provides for the extension of an existing street or abuts an existing
street, where sidewalks have already been installed in a location
other than as specified above or where such variations in sidewalk
locations are needed to preserve trees or natural features, the Planning
Board may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
[Ord. #09-28, § 5; Ord. #11-10, § 18]
Sidewalks shall be in accordance with Section 17-2 of the City Code.
a.
Where sidewalks cross driveways and are subject to significant
loading, the Planning Board may increase the thickness to eight inches
(8").
b.
Where the Planning Board determines that a sidewalk may be subject
to unusually heavy pedestrian traffic, it may require that its width
be increased (to a maximum of eight feet (8')).
[Ord. #11-10, § 19]
All sidewalk construction and curing precautions shall be in accordance with the applicable requirements of Section 17-2 of the City Code.
[Ord. #11-10, § 20]
Reinforced concrete aprons shall be constructed at all driveways
between the concrete curb and the concrete sidewalk.
b.
The width of the apron at the curb line shall be not less than
the width of the driveway plus ten feet (10') or a minimum of twenty
feet (20'), whichever is greater.
c.
At each driveway without curb return radii, the concrete curb
or curb and gutter shall be depressed to form a driveway opening.
The depression shall be equal in length to the width of the driveway
plus ten feet (10'), but not less than twenty feet (20').
d.
At driveways with curb return radii, the curb depression shall
accommodate the exterior limits of the radii.
In areas where alternate sidewalk or apron types and/or locations
are proposed or desired, either the decorative purposes or because
of physical restrictions or existing conditions, a detail of the type
and/or location of sidewalk and apron proposed shall be submitted
for approval with the preliminary and/or final plat.
a.
Continuous slip-formed sidewalks may be permitted if such is
considered to be desirable by the City Engineer.
b.
The use of continuous slip-formed sidewalks may only be permitted
if the applicant submits, for review and approval, details and specifications
concerning the equipment, materials, and methods proposed for use;
and if the City Engineer has inspected the installation and tested
and approved a suitable sample section of such sidewalk.
c.
In the event the City Engineer does not approve the sample section
of continuous slip-formed sidewalk, the developer shall remove the
sample section and replace it with a type of sidewalk permitted by
this Ordinance or such other alternate as may be approved by the Planning
Board.
[Ord. #11-10, § 21]
Curb ramps for the physically handicapped shall be constructed on all curb returns and where appropriate, in parking areas. All curb ramps shall be constructed in accordance with Subsection 17-2.6 of the City Code.
The developer shall submit a detailed intersection grading plan
for approval of the City Engineer prior to installation of the curbs,
sidewalks and curb ramps at the intersection.
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FIGURE 8: HANDICAPPED RAMP
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FIGURE 9
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[Ord. #06-05 § 3]
a.
Applicability.
1.
The following streetscape standards shall be required as part of all new development applications located with the designated area described in Subsection 6 below.
2.
The following streetscape standards shall be required as part
of any development that is a "Change in Use" as defined in 25-107.
3.
These standards shall not apply to exempt development as defined
in Subsection 25-1500.2.4.
4.
These standards shall not apply to interior alterations which
do not increase the required number of off-street parking spaces and
do not increase the total square footage of mixed use and nonresidential
uses.
5.
These design specifications may also be implemented by property
owners that do not propose any other new site improvements. In the
case where no other improvements are proposed, a permit for the improvements
shall be obtained from the Zoning Officer. The permitting process
will be undertaken by the City to review the proposed improvements
to ensure that the property owner obtains and installs the specified
materials.
6.
These standards shall apply to all lots adjoining 34th Street
between the easterly side of Bay Avenue and extending to the westerly
side of Central Avenue, and extending along all cross streets for
mixed use and nonresidential lots as outlined on attached Design Standards
Overlay Map for outbounds of designated area.
b.
Decorative Paver Walks.
1.
Width to be established based upon available area.
2.
Located between decorative paver strip and building or lawn
area. Use Village Square Series by EP Henry, sand set on four inch
(4") concrete slab.
3.
Field — 12x12 — Harvest Blend, Running Bond, perpendicular
to traffic flow.
4.
Border — 6x12 — Brown; Direction as indicated on
detail as shown on detail sheets TDG-C1 and TDG-C1D, attached, provide
pave edge restraint adjacent to landscape areas.
i.
Street Tree.
1.
Average one (1) tree per fifty (50) LF of frontage.
2.
Species: Cleveland Select Pear, Pyrus calleryana "Cleveland
Select" or "Chanticleer".
3.
Three and one-half feet (3 1/2') — four feet (4')
caliper, B&B, branched at seven feet (7') above sidewalk.
4.
Each street tree shall be planted in a bed of fourteen feet
(14') in length and at least four feet (4') in width. These beds shall
be planted with groundcover Royal Purple Liriope, Liriope muscarii,
"Royal Purple"; four inch (4") pots, twelve inches (12") on-center.
5.
Groundcover should have three inches (3") of shredded bark mulch
or licorice root.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 89-22, 03-08, 03-22, 06-06, 07-37, 08-08 and 09-11.
[Ord. #09-13, § 1]
The purpose of this section is to protect the safety and orderly
development of the community through the regulation of signs and sign
structures. The intent of these regulations is to balance businesses'
need to optimize visibility with the cumulative safety and aesthetic
impact of all signs in the community. This Ordinance is consistent
with 2009 Community Design Guidelines and the goals in the City of
Ocean City Master Plan.
[Ord. #09-13, § 1]
When a specific definition is not provided, standard definitions
shall be used.
Shall mean a sign employing actual motion or the illusion
of motion. Can be electronically activated, environmentally activated,
and mechanically activated.
Shall mean any projection that is not intended for occupancy
and that extends beyond the face of an exterior wall of a building,
but that does not include signs as defined herein.
Shall mean an architectural projection or shelter projecting
from and supported by the exterior wall of a building and composed
of a covering of rigid or non-rigid materials and/or fabric on a supporting
framework that may be either permanent or retractable.
Shall mean a sign attached to, affixed to, or painted on
the surface of an awning.
Shall mean a sign made of fabric or other similar flexible
material with no framework or electrical components. A pole banner
sign generally is made of fabric, affixed to a lamppost, and celebrates
an event, season, community, downtown district or organization.
Shall mean a sign painted on, located on, or attached to
any part of the surface of a bench, seat, or chair placed on or adjacent
to a public place or right-of-way. Memorial nameplates or dedication
plaques are not included.
Shall mean a commercial sign that directs attention to a
business, commodity, service or entertainment conducted, sold, or
offered at a location other than the premises on which the sign is
located.
Shall mean a multi-sided overhead structure or architectural
projection supported by attachments to a building on one (1) or more
sides and either cantilevered from such building or also supported
by columns.
Shall mean a sign that is attached to a canopy.
Shall mean an electronically activated changeable sign whose
variable message capability can be electronically programmed.
Shall mean signs whose basic informational content has been
preprogrammed to include only certain types of information projection,
such as time and temperature.
Shall mean a temporary sign placed on the premises where
construction is taking place, during the period of such construction,
indicating the names of the architects, engineers, landscape architects,
contractors, and the owners, financial supporters, sponsors, and similar
individuals or firms having a role or interest with respect to the
structure or project.
Shall mean signs limited to directional messages, principally
for pedestrian or vehicular traffic, such as "one-way," "entrance,"
and "exit." Window signs such as those that indicate hours of operation,
credit card acceptance, and business affiliations are considered as
informational signs.
Shall mean a sign listing the tenants or occupants of a building
or group of buildings and that may also indicate their respective
professions or business activities.
Shall mean the exterior wall of a building or structure that
fronts on a public street.
Shall mean the sign on the principal façade of a building.
Shall mean the area or display surface used for the message.
Shall mean a sign supported by a structure affixed to the
ground, and not supported by a building, including signs supported
by one (1) or more columns, poles or braces placed in or on the ground.
Shall mean a freestanding sign in which the entire bottom
is in contact with or is close to the ground, supported by internal
structural framework.
Shall mean a freestanding sign supported by the extended
arm of a single post.
Shall mean a sign characterized by the use of artificial
light, either projecting through its surface (internally illuminated);
or reflecting off its surface (externally illuminated.)
Shall mean any display capable of being expanded by air or
other gas and used on a permanent or temporary basis to advertise
a product or event.
See Directional and Informational Sign.
Shall mean any hood, canopy, awning or permanent construction
that projects from a wall of a building, usually above an entrance.
Shall mean any sign part of a marquee and designated to have
changeable copy, either manually or electronically.
Shall mean a sign, tablet, or plaque memorializing a person,
event, structure, or site.
See Ground Sign.
Shall mean a sign consisting of glass tubing, bent to form
letters, symbols, or other shapes and illuminated by neon or a similar
gas through which an electric voltage is discharged.
Shall mean a sign lawfully erected and maintained prior to
the adoption of the current ordinance that does not conform with the
requirements of the current ordinance.
Shall mean a sign that is mounted on a freestanding pole.
Shall mean a sign that is moveable and not permanently attached
to a structure or the ground, including A-frame signs.
Shall mean a sign attached to, and projecting out from a
building face or wall, generally at right angles to the building.
Shall mean a sign mounted on, and supported by a roof, or
signs that project above the highest point of the roofline, parapet
or fascia of the building. Signs mounted on mansard facades, pent
eaves and architectural projections such as canopies or marquees shall
not be considered roof signs.
Shall mean two (2) or more commercial establishments on one
(1) property, managed as a unit, and providing retail goods and personal
services.
Shall mean a freestanding sign that identifies all the businesses
in the shopping center.
Shall mean a name, identification, description, display or
illustration which is affixed to, printed or represented directly
or indirectly upon a building, structure or parcel of land, which
directs attention to a person, institution, organization, activity,
place, object, product or business.
Shall mean the entire face of a sign, including the surface
and any frame, trim or molding, but not including the supporting structure.
Where there is no frame or edge, the area shall be defined by an outlined
around the sign elements.
Shall mean any sign providing information regarding a public,
nonprofit fundraising event.
Shall mean a sign hanging down from a marquee, awning, canopy,
porch, or roof overhang that would otherwise exist without the sign.
Shall mean a sign fastened to, or painted on, the wall of
a building or structure in such a manner that the wall becomes the
supporting structure for, or forms the background surface of the signs,
and that does not project more than eighteen inches (18") from such
building or structure.
Shall mean a sign affixed to the surface of a window with
its message intended to be visible to and readable from the public
right-of-way or from adjacent property.
 |
[Ord. #09-13, § 1; Ord. #10-11, § 1;
Ord. #11-14 § 1]
a.
Unless otherwise stated herein, the installation of any permanent
sign for a commercial, professional and/or institutional use shall
require a zoning permit.
b.
No sign shall be installed which is not in accordance with standards
established in this Chapter. If a sign type is not specifically permitted,
it is prohibited.
c.
Each principal structure shall have affixed thereto appropriate
numbers indicating its street address in a size and location so as
to be readily visible from the street.
d.
No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises. A sign advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected is prohibited, except where permitted in Subsection 25-1700.29.7g.
e.
No sign of any type shall be permitted to obstruct driving visions,
traffic signals, traffic directional and identification signs, or
vehicular or pedestrian traffic in a public right-of-way. No sign
shall exceed thirty inches (30") in height within the sight triangle,
defined herein.
f.
No sign or sign supports shall be located within any street,
road, sidewalk or other public right-of-way, except where provided
herein for awning, canopy and projecting signs.
g.
No sign may project above the roof line of the building on which
it is mounted, or above the maximum height of the building to which
it is associated.
h.
All signs shall be kept in good repair, which shall include
replacement or repair of broken structural elements, casings, or faces,
maintenance of legibility and all lighting elements.
i.
Freestanding Signs. Freestanding signs, where permitted by district
regulation, are limited to no more than one (1) per property, and
shall be set back four feet (4') from the property line or public
right-of-way. The maximum height of all freestanding signs shall not
exceed the roof line or highest portion thereof devoted to such use
or activity, or fifteen feet (15') in height, whichever is less. A
single pole sign shall have an architectural finish so that an exposed
metal pole shall not be permitted (painting does not satisfy this
requirement). Examples of treatment include wood molding.
All freestanding signs shall be surrounded by a landscaped area,
the area of which equals fifty percent (50%) of the sign area.
j.
Monument Signs. Monument signs shall not be placed closer to
a public right-of-way, pedestrian walkway, or parking area than one-half
(0.5) times the height of the sign height, and in no way shall violate
sight triangle regulations. All monument signs shall be surrounded
by a landscaped area, the area of which equals twenty-five percent
(25%) of the sign area.
k.
Wall Signs. Wall signs shall not exceed five percent (5%) of
any wall. Wall signs shall not extend above the height of the vertical
wall or cornice to which they are attached. The maximum height of
a wall sign shall not exceed the height of the use or activity to
which the sign represents.
l.
Projecting Signs. Projecting signs, including framework or brackets,
are permitted to encroach over the public right-of-way by a maximum
of four feet (4'). The bottom of the sign shall be at least eight
feet (8') from grade. Projecting signs may extend above the commercial
use or activity by three feet (3').
m.
Awning Signs. Awning signs are limited to twenty-five percent
(25%) of the awning area and letters and graphics are limited to eight
inches (8") in height. Awnings may project a maximum of four feet
(4') into the right-of-way, but the total projection shall not be
any greater than five feet (5') from the face of the building, except
in the On-Boardwalk Zone where the projection of a retractable awning
may be up to ten feet (10'). The bottom of the awning shall be at
least eight feet (8') from grade, and no higher than twelve feet (12')
above grade. Awning supports are not permitted within the setback
requirement, or in the public right-of-way. No signs, merchandise,
banners or flags shall be attached to the bottom of an awning.
[Amended 12-12-2019 by Ord. No. 19-15]
n.
Canopy Signs. Canopy signs are limited to six (6) or eight (8)
square feet (see district regulations). Suspending canopy signs shall
have an eight foot (8') clearance from grade. The canopy sign may
not project beyond the canopy.
o.
Portable or A-Frame Signs. Portable or A-frame signs are limited
to six (6) square feet per side and shall be placed within the property
or against the building, and shall not impede pedestrian flow. They
shall only be permitted during the time the business is open. In the
On-Boardwalk Zone, they are only permitted from October 15 to April
15 of consecutive years.
p.
Window Signs. Window signs include any sign located within two
feet (2') of a window.
q.
For shopping centers, in addition to a main shopping center
sign, each individual storefront may have a facade sign and window
signage compliant with these regulations.
r.
Signs shall not use red, yellow and green lights which in the
judgment of the Chief of Police interfere with the operation of any
traffic control signal.
s.
Signs shall not, in the judgment of the Chief of Police, unreasonably
tend to distract drivers or otherwise constitute a traffic hazard.
t.
Signs shall not advertise matter of an indecent or obscene nature.
u.
Signs shall not block or obscure the view of an adjacent sign.
v.
Signs shall not attempt to imitate or otherwise cause confusion
with existing signs erected by any governmental board, body or agency.
w.
Signs shall not obstruct doors, fire escapes or stairways or
keep light or air from windows used for living quarters including
motel, hotel, boarding house and similar rooms.
x.
Signs shall not be restricted by common ownership documents.
y.
Institutional signs for schools, churches and other public or
semi-public institutions shall conform to the following regulations:
z.
Computations.
1.
Sign Area Measurement. For those signs with a defined background,
the calculated sign area includes the defined background. For signs
that have no defined background, such as letters affixed to or painted
on a wall, the area shall be computed by measuring the outline of
the letters or graphics. The area for a sign with more than one (1)
face includes the sum of all the area of signs visible from any one
(1) point. For double-sided identical signs, and V-shaped signs at
a fifteen percent (15%) or more acute angle, only one (1) side is
included in sign area.
Interior signs recessed two feet (2') or more from the front
building wall shall not be calculated as sign area.
2.
Sign Height Measurement. Sign height is measured at the highest
point of the sign or sign structure, whichever is higher.
3.
Computation of Total Permitted Sign Area. Includes all sign
types except those listed as Exempt or as Signs Not Requiring a Permit
herein.
4.
For properties that have more than one (1) side facing a street,
additional signage may be permitted in accordance with the standards
for this section, for each major street upon which the parcel fronts,
but may not be combined and placed facing one (1) street. In no case
shall more than one (1) freestanding sign be permitted per property.
aa.
Illumination. All signs which obtain a zoning permit may be illuminated per the requirements of Subsection 25-1400.3.11. Signs that are exempt or do not require a permit as defined in Subsections 25-1700.29.6 and 25-1700.29.7 below shall not be illuminated. Clear glass neon and exposed tube neon lights are specifically prohibited. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.
[Ord. #09-13, § 1]
a.
Electronic message signs.
b.
Animated, blinking, flashing, moving or revolving signs, except
in the On-Boardwalk Zone provided they face only East, North or South
and do not face residential zones or structures.
c.
Roof signs.
d.
Signs attached to trees or utility poles.
e.
Inflatable signs.
f.
Billboard signs.
g.
Bench signs.
h.
Any sign attached to or placed on a vehicle except for those
vehicles actively used in the daily function of the business to which
such signs relate.
i.
Banners, except where permitted herein.
j.
Pennants, except where permitted herein.
k.
Internally lit vinyl awnings, except in the On-Boardwalk Zone.
l.
Moving or revolving signs and signs using blinking, flashing,
vibrating, pulsating, flickering, or tracer lighting, except in the
On-Boardwalk Zone providing these signs only face east, north or south,
and do not face residential zones or structures.
[Ord. #09-13, § 1]
All signs except those listed in Subsection 25-1700.29.6, Exempt Signs or as Subsection 25-1700.29.7, Signs Not Requiring a Permit herein, require a zoning permit prior to installation. Certain sign types also require a construction permit to ensure proper, safe and secure installation. Signs shall be constructed and installed in conformance with the New Jersey Uniform Construction Code.
[Ord. #89-22, § 7; Ord. #03-08, § 4;
Ord. #06-06, § 3; Ord. #09-13, § 2]
The following signs are exempt from regulations, and do not
require a permit:
a.
Nonilluminated directional signs identifying parking areas,
loading zones, entrances, exits, and similar locations. The signs
may include a business name or professional name but shall not include
any advertising message and shall not exceed three (3) square feet.
b.
Temporary and permanent traffic signs and signals installed
by the City, County or State for the purpose of directing and regulating
the flow of traffic.
c.
Signs indicating public transportation stops when installed
by the City or a public transportation utility.
d.
Historical tablets, cornerstones, memorial plaques and emblems
which do not exceed six (6) square feet in area and which are installed
by government agencies or civil or religious organizations.
e.
Warning and no-trespassing signs, not exceeding three (3) square
feet in area.
f.
Flags or emblems of religious, educational, civic, or governmental
organizations flown from supports of the buildings or grounds occupied
by the organization and the American flag whenever and wherever flown
in accordance with the laws and rules promulgated by the Federal or
State government.
g.
Name and number plates identifying residents and affixed to
a house, apartment or mailbox, not exceeding two hundred sixteen (216)
square inches in area (one and one-half (1 1/2) square feet).
h.
Lawn signs identifying residents, not exceeding one and one-half
(1 1/2) square feet in area for each side. The signs shall not
contain any advertising message and shall be nonilluminated except
by a light which is an integral part of a lamp post if used as a support.
i.
Signs posted by governmental agencies or pursuant to governmental
statute, order or regulation.
j.
Signs which are an integral part of vending machines, including
gasoline pumps and milk machines.
k.
(Reserved)
l.
Temporary signs or other advertising materials attached to a
window shall be removed at the expiration of the event sale for which
it was erected or posted.
m.
Temporary signs for advertising public functions or fund raising
events for charitable or religious organizations shall be permitted
for a period of thirty (30) days prior to and during the event and
shall be removed within five (5) days after the event. The sign shall
be nonilluminated, not larger than twenty-four (24) square feet in
area, not exceeding eight feet (8') in height of roof line and may
be erected flat against the building or freestanding, providing the
sign is installed at the location of the event, otherwise, it may
not be larger than twelve (12) square feet in area and not exceed
eight feet (8') in height.
n.
Official traffic, parking and street signs; trespassing signs
and signs indicating private ownership of roadways or other private
property; nonilluminated directional signs identifying parking areas,
loading zones, entrances, exits, and similar locations. The signs
may include a business name or professional name but shall not include
any advertising message and shall not exceed three (3) square feet.
o.
Miscellaneous signs authorized by the Chief of Police.
p.
Signs installed by or at the direction of the municipality upon
public streets, roads, sidewalks, and rights-of-way or other real
property owned or controlled by the municipality.
q.
Flags or emblems of religious, educational, civic, or governmental
organizations flown from supports of the buildings or grounds occupied
by the organization and the American flag whenever and wherever flown
in accordance with the laws and rules promulgated by the Federal or
State government.
r.
Name and number plates affixed to a house, apartment or mailbox,
and lawn signs, with the purpose of identifying residents not exceeding
two hundred sixteen (216) square inches in area (one and one-half
(1 1/2) square feet). The signs shall not contain any advertising
message and shall be nonilluminated except by a light that is an integral
part of a lamp post if used as a support.
s.
Signs that are an integral part of vending machines and gasoline
pumps.
[Ord. #09-13, § 3; Ord. #10-11, § 2;
Ord. #11-14 § 2; Ord. #12-04 § 3]
a.
Decorative or informational flags such as "open" or "welcome,"
with a limit of one (1) flag per business. Flags and flagpoles shall
not be in the right-of-way.
b.
Information posted regarding hours of operation, credit cards
accepted. Such information shall be permitted only where attached
to the building, window or door. No letter or number in excess of
four inches (4") vertical height shall be permitted.
c.
Historical tablets, cornerstones, memorial plaques and emblems
which do not exceed six (6) square feet in area and which are installed
by public or nonprofit agencies.
d.
Signs identifying a resident's name and/or street number, limited
to one and one-half (1 1/2) square foot.
e.
Neon open signs limited to two (2) square feet or less.
f.
One (1) changeable copy sign, such as a menu board, shall be
permitted for each twenty feet (20') of store frontage, located on
the front wall adjacent to the store entrance, and not greater than
four (4) square feet in sign area.
g.
Temporary Signs.
1.
For Sale or Rent (also codified in Subsection 4-39.1 of the General Revised Code of Ocean City) — Each residential or commercial dwelling unit shall be permitted to have a single sign advertising the unit for sale, rent, or both. The sign shall be attached to the building or placed immediately next to, and within one foot (1'), of the building. The size of the sign shall not exceed three (3) square feet in area. The sign shall be parallel to the road or roads on which the property is located.
(a)
In the event that more than one (1) real estate
office is advertising the property for sale or lease, the signs of
the respective real estate offices shall be placed together attached
in a vertical alignment, but in no event shall the total area of all
of the signs of the individual real estate offices exceed three (3)
square feet in area.
(c)
In the event the residential or commercial dwelling
being offered for sale or lease is located on a corner, a sign may
be affixed to each side of the building facing, or abutting a street.
The size of any sign shall not exceed three (3) square feet in area.
In the event there is more than one (1) real estate office advertising
a property for sale or lease, the signs of the respective real estate
offices shall be placed together attached in a vertical alignment,
but in no event shall the total area of all of the signs of the individual
real estate offices exceed three (3) square feet in area.
(d)
For vacant land, there shall be one (1) sign announcing
the property for sale or lease. The sign may be double sided. Each
side of the sign shall not exceed three feet (3') in area and shall
be placed as near as practical to the center of the lot.
(e)
While the building is undergoing construction, the real estate sign shall be placed upon the temporary utility pole. The size of the sign shall comply with Subsection g.1 (this subsection) above. Once the building has been framed, and the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the signs shall be attached to the building as required in Subsection g,1 (this subsection) above.
(f)
Following the sale of a property, all real estate
signs announcing the property for sale, or announcing that the property
has been sold, shall be removed within five (5) calendar days of the
settlement.
(g)
Banners, flags, balloons, open house signs, and
other advertising products announcing an open house, associated with
a property for sale, shall be permitted to be placed on the property
only during the time of the open house, provided they do not block
or protrude over any part of a sidewalk or driveway and further provided
that a sales agent is present on the property during the open house.
(h)
In addition, two (2) off premises directional signs
are permitted per open house property, only if all of the following
conditions are met:
(1)
The two (2) permitted signs must be at different
intersections
(2)
The maximum size of the signs shall be three (3)
square feet in area, with nothing attached (including, but not limited
to, balloons, pennants and riders)
(3)
No more than one (1) sign per corner, with no part
of the sign to block or protrude over any part of a sidewalk or driveway
(4)
Signs are permitted only during the time of the
open house (defined as period during which a sales agent is present
on the property for sale)
(5)
Signs are permitted only if anchored to the ground.
No signs are permitted on vehicles, poles or structures.
(6)
No signs are permitted on Gardens Parkway, 9th
Street, 34th Street or 55th Street.
(7)
Signs shall not exceed thirty inches (30") in height, in compliance with Subsection 25-1700.13.3, Sight Triangle Easements.
(i)
Compliance with real estate sign regulations contained
herein shall be the responsibility of the real estate agency or agencies
whose signs appear on the property, and/or the owner of the property.
The owner shall be solely responsible if the property is being offered
for sale or rent by the owner without the assistance of a broker.
[Ord. #06-06 § 1]
2.
During the construction of a building the general contractor
shall place a sign on the temporary utility pole, containing the name,
address and telephone number of the general contractor and the lot,
block and street address of the project. Once the building has been
framed, and the final texture or material (for example: vinyl siding,
brick, stone, wood) applied, the sign shall be attached to the building
as required in 25-700.28.7g.1 above. The sign shall not exceed three
(3) square feet in area. The sign shall be removed within five (5)
days of the issuance of the Certificate of Occupancy. In the event
the building contains more than one (1) unit the sign shall be removed
within five (5) days of the issuance of the final Certificate of Occupancy.
Compliance with this section shall be the responsibility of the business,
company, or institution advertised on the sign.
[Ord. #06-06 § 1]
3.
Temporary candidate signs shall be permitted to be placed upon
private property for a period of thirty (30) days prior to an election.
The signs shall be removed within five (5) calendar days of the election.
Temporary candidate and political signs in residential zones shall
not exceed three (3) square feet in area, per side. Candidate and
political signs may be double sided. Candidate and political signs
in nonresidential zones shall not exceed twenty-four (24) square feet
in area.
4.
Signs with a maximum size of two (2) square feet, posted inside
windows advertising help wanted.
5.
Yard Sale and/or Garage Sale Signs. Signs advertising yard sales
and/or garage sales shall be permitted but must be removed within
twenty-four (24) hours after the event.
6.
Each commercial use may have temporary signs or other advertising
materials attached to a wall or window which shall not exceed one
(1) square foot in area for each one lineal foot (1') of storefront
shall be limited to not more than thirty (30) days in any quarter
year. Banners may not exceed twenty-four (24) square feet.
7.
Temporary signs for advertising public functions or fund raising
events for charitable or religious organizations shall be permitted
for a period of thirty (30) days prior to and during the event and
shall be removed within five (5) days after the event. The sign shall
be nonilluminated, not larger than twenty-four (24) square feet in
area, and may be erected flat against the building or freestanding,
providing the sign is installed at the location of the event, otherwise,
it may not be larger than twelve (12) square feet in area and not
exceed eight feet (8') in height.
8.
Event posters with a maximum of four (4) square feet, posted
inside windows advertising public and nonprofit events only.
[Ord. #09-13, § 3]
a.
Unsafe Signs. If any sign or supporting structure is deemed
unsafe by the Construction Official, Zoning Officer, or Code Official,
the owner thereof or the person or firm responsible for the property,
upon written or verbal notice shall make the sign safe or remove the
sign. If the sign is not removed in the time period indicated, the
sign can be removed by the City at the expense of the property owner,
and shall be cause for the issuance of a summons to appear in Municipal
Court.
b.
Obsolete Sign Copy. Any individual, corporation or entity who
owns or leases a sign shall remove said sign within thirty (30) days
after the party no longer conducts business on the premises.
c.
Illegal Signs. Any sign that is unlawfully installed (without
zoning and/or construction approval, or not in conformance with an
approved permit) shall be removed by the owner immediately upon notification
with reason by the Construction Official, Zoning Officer, or Code
Official. Failure to remove an illegal sign shall be cause for the
issuance of a summons to appear in Municipal Court.
d.
Signs in Need of Repair. All signs shall be kept in good repair,
which shall include replacement or repair of the following:
1.
Any element that is faded, ripped or broken or otherwise in
a condition of neglect.
2.
Burned out or broken lighting elements.
3.
Sign legibility.
A sign determined by the Zoning Officer or Code Official to
be in need of repair or not maintained in proper condition, shall
be repaired or removed within ten (10) days after receipt of notice.
If the sign is not removed in the time period indicated, the sign
can be removed by the Borough at the expense of the property owner,
and shall be cause for the issuance of a summons to appear in Municipal
Court.
e.
Durable Materials. All exterior signs shall be made of durable
material and fastened securely with non-rusting hardware. Corrugated
plastic, retail merchandise and other similar materials are considered
substandard and unacceptable outdoor sign materials and shall be removed.
Poster materials are permitted for temporary signs only, with time
limitations specified in these regulations.
[Ord. #09-13, § 3]
a.
Every sign shall be designed as an integral architectural element
of the structure, building and site to which it principally relates.
It shall be in good scale and proportion in design and visual relationship
to structures, building and other surroundings.
b.
The colors, materials, and lighting of every sign shall be harmonious
with the structure, building and site to which it relates.
c.
Each sign shall be compatible with signs on adjoining premises
and shall not compete for attention.
d.
Freestanding signs shall be landscaped as defined herein.
e.
All illuminated signs shall be properly shielded and located
as to prevent glare or blinding effects upon motor vehicle traffic
and so as not to cause a nuisance to residents of the area.
[Ord. #09-13, § 3]
a.
Continuance. The lawful use of any sign existing at the date
of the adoption of this Ordinance[1] may be continued, although if such sign does not conform
to the regulations specified herein, such nonconforming signs shall
not be structurally altered, enlarged, extended or illuminated if
not previously illuminated.
Any nonconforming sign that is not substantially destroyed or
damaged by fire or other casualty loss may be restored or replaced,
with prior written approval of the Zoning Officer, provided the sign
shall not be changed in size or appearance. Photographic documentation
may be required.
The changing or maintenance of movable parts or components of
a nonconforming sign that is designed for such changes, or the changing
of copy, business names, lettering, sign faces, colors, display and/or
graphic matter, or the content of such sign shall be permitted, upon
prior written approval from the Zoning Officer. Photographic documentation
may be required.
[1]
Editor's Note: Ordinance No. 09-13, codified herein was adopted
September 10, 2009.
b.
Abandonment. A nonconforming sign shall be presumed to be abandoned
when there occurs a cessation of any use or activity pursuant to Ordinance.
c.
Reversion. No nonconforming sign shall, once changed into a
conforming sign, be changed back again into a nonconforming sign.
[Ord. #09-13, § 3]
a.
Enforcement of all sections of the within Chapter shall be commenced
by the issuance of a violation notice with order to comply. If no
action is taken by the property owner, there shall be a filing of
a complaint in the Municipal Court.
b.
Any person found guilty of violation of this Chapter, or any
section therein, shall be subject to a fine not to exceed the sum
of two hundred ($200.00) dollars for a first offense. For a second
offense or subsequent offense, a fine of not less than two hundred
($200.00) dollars nor more than five hundred ($500.00) dollars, provided,
however, that the Court shall waive or suspend any fines if the Court
determines it is appropriate to do so. An individual need not be charged
as a subsequent offender in order to be fined as a subsequent offender.
[Ord. #09-13, § 3; Ord. #12-20, § 3;
Ord. #14-04 § 14]
a.
Signs in Residential Districts.
1.
Residential name plates, lawn signs and temporary real estate, contractor, and political signs as specified in Subsection 25-1700.29.7, above. Institutional signs as permitted in Subsection 25-1700.29.3.y.
2.
Freestanding sign for multi-family residential complex at a
limit of one (1) square foot per ten feet (10') of frontage dedicated
to such use, with a maximum of twenty four (24) square feet.
3.
Signs advertising permitted home professional businesses, no
larger than two (2) square feet in area, provided that not more than
one (1) such sign is erected for each property.
b.
Signs in Central Business, Central Business-1, Marine Village
Harbor and Drive-In Business Districts.
1.
There shall be no more than three (3) signs per business. Undersized
lots are permitted no more than two (2) signs. Sign types permitted
in the CB, CB-1, MVH and DB Districts include:
(a)
Awning signs, maximum area twenty-five percent
(25%) of awning, maximum lettering size eight inches (8");
(b)
Canopy signs, maximum eight (8) square feet;
(c)
Façade signs, maximum fifteen percent (15%)
of commercial activity façade;
(d)
Projecting signs, maximum six (6) square feet,
total projection no more than four feet (4');
(e)
Wall signs, maximum five percent (5%) of commercial
activity wall;
(f)
Window signs, maximum twenty-five percent (25%)
of window.
(g)
Freestanding signs, maximum eight (8) square feet
per fifteen feet (15') of frontage, with a limit of thirty-two (32)
square feet.
2.
In addition to the above, the following is permitted:
(a)
One six (6) square foot portable sign against the
building or within the property line;
(b)
One (1) changeable copy sign, such as a chalk menu
board, limited to four (4) square feet for every twenty feet (20')
of store frontage.
(c)
Temporary signs as Subsection 25-1700.29.7g. above.
c.
Signs in Hospitality Zone.
1.
There shall be no more than three (3) signs per business. Undersized
lots are permitted no more than two (2) signs. Sign types permitted
in the Hospitality Zone include:
(a)
Awning signs, maximum area twenty-five percent
(25%) of awning; maximum lettering eight inches (8");
(b)
Canopy signs, maximum eight (8) square feet;
(c)
Facade signs, maximum fifteen percent (15%) of
commercial activity facade;
(d)
Projecting signs, maximum six (6) square feet,
projecting no more than four feet (4');
(e)
Wall signs, maximum five percent (5%) of commercial
activity wall;
(f)
Window signs, maximum twenty-five percent (25%)
of window.
(g)
Freestanding signs, maximum eight (8) square feet
per fifteen feet (15') of frontage, with a limit of forty-eight (48)
square feet.
2.
In addition to the above, the following is permitted:
(a)
One (1) six (6) square foot portable sign against
the building or within the property line;
(b)
One (1) changeable copy sign, such as a chalk menu
board, limited to four (4) square feet for every twenty feet (20')
of store frontage.
(c)
Temporary signs as regulated in Subsection 25-1700.29.7g. above.
d.
Signs in On-Boardwalk District.
1.
The total sign permitted sign area shall not exceed twenty-five
percent (25%) of the front wall area of the building or portion thereof,
devoted to such use or activity. Front wall area is defined as the
vertical face of the first floor façade, including walls, parapets,
or roofs that are sloped no more than five percent (5%).
2.
Sign types included in the total permitted sign area include
any combination of the following, with no limit on the number of signs:
3.
In addition to the above, the following is permitted:
(a)
Freestanding signs not exceeding fifteen feet (15')
in height where open amusement or recreation uses are the predominate
use. The area of the freestanding sign shall not exceed two (2) times
the Boardwalk frontage, and the sign shall be set back a minimum of
two feet (2') from the property line.
(b)
One (1) six (6) square foot portable sign against
the building or within the property line only permitted between October
15 and April 15 of consecutive years;
(c)
One (1) changeable copy sign such as a chalk menu
board, limited to four (4) square feet for every twenty feet (20')
of store frontage.
(d)
Temporary signs as regulated in Subsection 25-1700.29.7g. above.
e.
Signs in Neighborhood Business District.
1.
There shall be no more than two (2) signs per business. Sign
types permitted in the NB District include:
(a)
Awning signs, maximum area twenty-five percent
(25%) of awning; maximum lettering eight inches (8");
(b)
Canopy signs, maximum six (6) square feet;
(c)
Facade signs, maximum fifteen percent (15%) of
commercial activity facade;
(d)
Projecting signs, maximum six (6) square feet,
total projection no more than four feet (4');
(e)
Wall signs, maximum five percent (5%) of commercial
activity wall;
(f)
Window signs, maximum twenty-five percent (25%)
of window.
(g)
Freestanding signs, maximum eight (8) square feet
per fifteen feet (15') of frontage or one thousand five hundred (1,500)
square feet of lot area, with a limit of twenty-four (24) square feet.
2.
In addition to the above, the following is permitted:
(a)
One (1) six (6) square foot portable sign against
the building or within the property line;
(b)
One (1) changeable copy sign, such as a chalk menu
board, limited to four (4) square feet for every twenty feet (20')
of store frontage.
(c)
Temporary signs as regulated in Subsection 25-1700.29.7 above.
f.
Signs in 9th Street Gateway and 34th Street Gateway Zones.
1.
There shall be no more than three (3) signs per business. Undersized
lots are permitted no more than two (2) signs. Sign types permitted
in the 9th Street Gateway and 34th Street Gateway Districts include:
(a)
Awning signs, maximum area twenty-five percent
(25%) of awning; maximum lettering eight inches (8");
(b)
Canopy signs, maximum six (6) square feet;
(c)
Façade signs, maximum fifteen percent (15%)
of commercial activity façade;
(d)
Projecting signs, maximum six (6) square feet,
projecting no more than four feet (4');
(e)
Wall signs, maximum five percent (5%) of commercial
activity wall;
(f)
Window signs, maximum twenty-five percent (25%)
of window;
(g)
Freestanding monument signs only, maximum eight
(8) square feet per fifteen feet (15') of frontage, with a limit of
sixty (60) square feet.
2.
In addition to the above, the following is permitted:
(a)
One (1) six (6) square foot portable sign against
the building or within the property line;
(b)
One (1) changeable copy sign, such as a chalk menu
board, limited to four (4) square feet for every twenty feet (20')
of store frontage.
(c)
Temporary signs as regulated in Subsection 25-1700.29.7 above.
All developments shall protect wetlands, marshes and waterways
from sedimentation and shall control erosion in accordance with the
"Standards for Soil Erosion and Sediment Control in New Jersey," set
forth in the Soil Erosion and Sediment Control Law, N.J.S.A. 4-24
et seq.
All developments may be required to submit an erosion and sediment
control plan and a sequence of installation or application of planned
erosion and sediment control measures as related to the progress of
the development, as part of the preliminary plat or site plan which
shall be subject to approval by the City Engineer.
A soil erosion and sediment control permit shall be required
prior to the issuance of any building permit and as a condition of
preliminary and final site plan or subdivision approval.
[Ord. #04-13, § 10]
Solid wastes from all uses other than single- or two-family
homes, if stored outdoors, shall be placed on a concrete pad in metal
receptacles within a screened refuse area.
[Ord. #04-13, § 10]
The screened refuse area shall not be located within any front
yard area.
[Ord. #04-13, § 10]
The refuse storage area shall be screened from public view and
surrounded on three (3) sides by a solid uniform fence or wall not
less than three feet (3') in height, or the height required to obscure
from view the receptacles within. In no case shall the height of the
fence exceed six feet (6'). Such fence, if approved as part of a site
plan application, shall be exempt from the provisions of any ordinance
of the City regulating the height of fences and requiring permits
therefor.
[Ord. #04-13, § 10]
The opening in the enclosed refuse area should be provided with
a solid gate the same height as the enclosure fence.
[Ord. #04-13, § 10]
If located within or adjacent to a parking area or access drive,
the enclosed refuse area shall be separated from such parking area
or access drive by curbing.
[Ord. #04-13, § 10]
The enclosed refuse area shall not be located so as to interfere
with traffic circulation, the parking of vehicles, the maneuverability
and parking of vehicles making delivery or pickup. Nor shall any enclosed
refuse area be part of, restrict or occupy any required parking aisle
or parking stall.
[Ord. #04-13, § 10]
All refuse shall be deposited in containers maintained within
the refuse area. No containers shall be maintained anywhere on a site
except in a refuse area meeting these requirements.
[Ord. #04-13, § 10]
If outdoor storage of solid waste is not proposed, the site
plan submission shall detail the methods proposed for accommodating
solid waste within the structure. The municipal agency may require
that a suitable area be set aside, but not improved, for a future
solid waste storage area meeting these requirements even if indoor
accommodations are proposed.
Storm drains, culverts, catch basins, and other drainage structures
shall be installed in each subdivision in accordance with the map
submitted to the Planning Board.
a.
All storm drainage facilities shall be constructed in accordance
with the applicable requirements of the Standard Specifications.
b.
The developer (or his engineer) shall submit complete calculations,
specifications, plans, and details for all proposed storm drainage
facilities.
c.
Any field samples or laboratory tests required to document the
conclusions of such calculations shall be formed at the sole expense
of the developer.
[Ord. #94-16, Appx. A]
All storm drainage pipes shall be either slip joint type reinforced
concrete, ductile iron pipe, or subject to the restrictions herein,
fully coated, invert paved, corrugated metal steel culvert pipe meeting
the requirements of the Standard Specifications.
a.
All pipe shall have a wall thickness sufficient to meet the
proposed conditions of service; however, no wall thickness less than
Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated
metal steel pipe, ductile iron pipe shall be class 50 or better shall
be allowed.
b.
All pipe shall comply with the requirements of the current New
Jersey Department of Transportation Standard Specifications, Standard
Construction and Details governing construction.
c.
Generally, concrete pipe or ductile iron pipe will be used except
in areas of steep grades or other restrictive physical conditions
where corrugated metal or other types of pipe may be permitted.
1.
No concrete pipe may be laid on grades exceeding eight percent
(8%).
2.
Concrete pipe below thirty inches (30") (or equivalent) in size
will be jointed using a mortared joint in accordance with the specifications.
3.
Concrete storm drain pipes thirty inches (30") or larger in
diameter will be jointed using a preformed bituminous pressure type
joint sealer or rubber-ring-type or other equivalent approved joint
which will exclude infiltration.
d.
All ductile iron pipe shall be cement lined meeting the requirements
of the New Jersey Department of Transportation Standard Specifications.
e.
All steel pipe shall be fully bituminous coated with paved invert
and of a gauge meeting the requirements of the Standard Specifications
sufficient for the proposed service.
1.
Where conditions permit, corrugated aluminum storm drains may
be substituted for steel storm drains where the same is otherwise
permitted on the basis of an equivalent three (3) edge bearing or
crushed strength.
2.
Substitution on an equivalent gauge basis will not be allowed.
3.
No aluminum pipe shall be laid in areas subject to marsh gasses.
f.
All storm drains shall be tangent between inlets, manholes,
or other structures, except that the use of fittings or factory curved
pipe may be allowed by the City Engineer when necessary to accommodate
existing geoaletry or utilities.
g.
Prior to laying any storm drains, the bottom of all trenches
shall be inspected by the City Engineer.
1.
Should the Engineer determine that the trench is unsuitable
for the placement of the pipe, the developer shall take all necessary
action to remove or eliminate any unsuitable conditions.
2.
These may include, but are not limited to, excavation and backfilling
with suitable material, placement of bedding material, construction
of pipe cradles or such other action necessary to remove all unsuitable
conditions.
3.
Proposed storm drainage installations which do not conform to
the above must be fully detailed and approved as part of the final
plat.
Inlets and manholes shall be constructed where required in accordance
with the requirements of the Standard Specifications and Standard
Construction Details.
a.
All street inlets shall be New Jersey Department of Transportation
Standard Type B. Casting heights on any streets shall be two inches
(2") greater than the specified curb face and the gutter shall be
properly transitioned approximately ten feet (10') on either side
of the inlet.
b.
All yard inlets shall be Standard Type A or E.
c.
Combination drains shall be installed where the character and
composition of the earth in the roadbed itself or adjacent terrain
renders such installation necessary.
1.
These combination drains shall be constructed as follows: The
bottom one third (1/3) of the pipe shall be caulked with jute or equivalent
material and the pipe shall be laid in a stone bed for a depth equal
to one-half (1/2) the diameter of the pipe.
2.
The trench shall then be filled in the same manner as described in § 25-1700.32.2g above.
d.
In continuous conduit runs, spacing between structures (inlets
or manholes) shall not exceed six hundred feet (600').
e.
Structures (inlets or manholes) shall be located so as not to
interfere with primary routes of pedestrian travel or any proposed
handicapped ramp or similar facility.
f.
In general, surface flow length, for flows of four or more cubic
feet per second, on paved surfaces shall not exceed seven hundred
fifty feet (750'), provided that:
1.
Gutter flow widths on local and local collector streets shall
not exceed eleven feet (11'), or such narrower width as may be necessary
to provide a twelve foot (12') wide clear lane in the center of the
roadway.
2.
Gutter flow widths on collector streets shall not exceed nine
feet (9'), or such narrower width as may be necessary to provide two
(2) twelve foot (12') wide clear lanes in the center of the roadway.
3.
Gutter flow widths on major collector streets without shoulders
shall not exceed five feet (5'), or such narrower width as may be
necessary to provide four (4) ten foot (10') wide clear lanes in the
center of the roadway.
4.
Gutter flow widths on minor and principal arterial streets and
major collector streets with shoulders shall be retained within the
shoulder areas.
5.
Swale gutter flow widths in parking areas shall not exceed twelve
feet (12').
6.
Gutter flow widths shall provide for the maintenance of two (2) ten foot (10') wide clear lanes in all access and major circulation drives and one twelve foot (12') wide clear lane in all other aisles in all parking areas, except as otherwise provided in § 25-1700.22.
h.
Only Type B inlets shall be used in curbed roadways or curbed
access or major circulation drives.
i.
Generally, sufficient inlets will be placed to eliminate any
flow exceeding two (2) cubic feet per second across any intersections.
j.
Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches (6") at any point calculated for the appropriate design storm in accordance with § 25-1700.33.
Open channels shall be designed to contain the required flow
and shall have a design velocity low enough in the judgment of the
City Engineer, to prevent erosion.
a.
The minimum easement for open channel sections shall be the
maximum design top width of the channel section segment plus twenty-five
feet (25') rounded to the next highest five foot (5') increment.
b.
Excess velocity, if any, as determined by the City Engineer,
in open channels must be controlled by sod, rip-rap, paving, ditch
checks, or other suitable methods.
c.
Changes of direction in open channels must have a maximum radius
of eight hundred feet (800') or be adequately paved or rip-rapped.
d.
Generally, unlined open channel cross-sections shall have side
slopes not steeper than four to one (4:1) for channel depths of two
(2) feet or less and not steeper than eight to one (8:1) for channel
depths of more than two feet (2'). Line open channel side slopes shall
not be steeper than two to one (2:1).
e.
The bottoms of all unlined open channels and the channel side
slopes, to at least the design flow level, will be sodded with suitable
coarse grass sod.
f.
All unlined open channel side slopes above the design minimum
flow level will be topsoiled and seeded or otherwise suitably stabilized
in accordance with an approved soil disturbance permit.
g.
All unlined open channels which can be expected to have a base
flow of five (5) cubic feet per second or more for at least two (2)
out of every twelve (12) months will be provided with a low flow channel
using gabions, riprap, lining, one-third (1/3) pipe sections, or other
arrangements approved as part of the final plat submission.
Culverts or drains shall be constructed as specified herein.
a.
The location, length, depth, grade, type, and size of pipe shall
be designated on the plans indicated herein except where unusual or
exceptional soil or other conditions are discovered at the time of
construction, which are not provided for in the plans, in which case
such construction shall be determined by the City Engineer.
b.
Trenches shall be bridged at the street crossings, intersecting
streets, public and private entrances in such a manner that traffic
will not be interrupted.
c.
The contractor shall have a sufficient quantity of timber and
equipment constantly on hand for planking, sheet piling, fencing or
shoring, and adequate pumping apparatus to meet all requirements of
construction for use in case of accident or emergency.
d.
All trenches for culverts, drains or french drains shall be
excavated at least nine inches (9") and not more than thirty inches
(30") wider than external diameter of the pipe to be used therein.
e.
The pipe shall be laid on a firm bed and the bottom of the trench
shall be excavated to the line and grade given or directed by the
City Engineer.
f.
The pipe shall be laid and all joints shall be treated as determined
by the City Engineer.
g.
The filling around the pipe shall be made in layers with approved
materials free from rock, and each layer shall be tamped thoroughly
around and over the pipe.
h.
Where indicated or directed, old pipe or insufficient sized
culverts shall be removed and relaid, extended or renewed in the same
manner as specified above for new pipe culverts or drains.
i.
Easement of a width sufficient to allow proper maintenance but
in no case less than fifteen feet (15'), shall be provided for the
outletting of all drains, pipelines, etc. to streams, existing storm
drains, or other legal drainage courses. These easements shall be
granted to the City in writing, subject to the approval of the City
Attorney.
j.
All non-pipe culverts shall be designed for AASHO H20-44 loading.
Headwalls shall be provided at all terminations. These shall
be poured concrete headwalls, precast concrete end sections or corrugated
metal end sections in accordance with the approved final plan. Poured
concrete headwalls shall be wing-type headwalls with aprons in accordance
with the Standard Construction Details.
[Ord. #04-13, § 10; Ord. #13-32, § 2]
Retaining walls installed in slope control areas shall be constructed
of reinforced concrete, other reinforced masonry or of other acceptable
construction and adequately designed to carry all earth pressures
including any surcharges. The heights of the retaining walls should
not exceed one-half (1/2) of the horizontal distance from the foundation
wall of any building to the face of the retaining wall.
Guardrails and/or railings shall be placed at all drainage structures
where the interests of pedestrian or vehicular safety would dictate.
a.
The Planning Board may require that any open channel, other
than naturally occurring streams, be fenced with chain link fencing
forty-eight inches (48") high if the banks of the channel are steeper
than one foot (1') vertically for every four feet (4') horizontally
and either the total depth of the channel exceeds four feet (4') or
the channel would be expected to have a depth of flow greater than
two feet (2') more often than once every ten (10) years.
b.
For maintenance purposes, gates may be required by the Planning
Board at approximately two hundred foot (200') intervals.
The developer shall take all necessary precautions to prevent
any siltation of streams during the construction of the site.
a.
If required by the Planning Board as a condition of approval
or by the Planning Board Engineer during construction, the developer
shall provide adequate provisions to prevent all deposits of silt
or other eroding material in any stream or water course.
b.
Such provisions may include, but not limited to construction
and maintenance of siltation basins or holding ponds throughout the
course of construction.
c.
The use of siltation and oil separation basins with controlled
outflows will be required to prevent pollution of waterways when discharge
is into a lagoon, bay or other standing body of water.
All drainage arrangements (either piped or overland flow) for
sites on County roads or State highways shall be approved by the County
Engineer or the New Jersey Department of Transportation, respectively,
in addition to being acceptable to the Planning Board.
a.
The existing system of natural drainage within each development
shall be reserved to the maximum extent possible. To this end, the
Planning Board may require the preservation of natural drainage swales,
recharge areas, wet weather ponds and similar features and may require
suitable drainage and conservation easements and possible increases
in lot size to allow usable lots with the preservation of such features.
b.
Subject to review and approval by the Planning Board, the design
of the development may be modified to take advantage of the natural
drainage features of the land. In such review, the Planning Board
will use the following criteria:
1.
The utilization of the natural drainage system to the fullest
extent possible.
2.
The maintenance of the natural drainage system as much as possible
in its unimproved state.
3.
When drainage channels are required, wide shallow swales with
natural vegetation will be preferred to other sections.
4.
The construction of flow retarding devices, detention areas
and recharge berms to minimize runoff value increases.
5.
Maintenance of the base flow in streams, reservoirs and ponds.
6.
The reinforcement, improvement, and/or extension of the natural
drainage system to such an extent as is necessary to eliminate flooding
and excess maintenance requirements.
[Amended in entirety 5-13-2021 by Ord. No. 21-11. Prior amendments include
Ord. #06-39.]
[Amended 5-13-2021 by Ord. No. 21-11]
a.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 25-1700.32.12.2.
c.
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 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.
[Amended 5-13-2021 by Ord. No. 21-11]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means 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.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-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.
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In the case of development of agricultural land,
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.
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Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means 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.
Means neighborhoods 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.
Means 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.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats 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.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004.
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Includes all developments that are part of a common
plan of development or sale (for example, phased residential development)
that collectively or individually result in the disturbance of one
or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
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Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 25-1700.32.12.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means 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, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
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quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
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Means 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.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means 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.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Means 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.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, 10-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means 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.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, 10-, or 100-year storm, flood
hazard area limit, and/or floodway limit of the water. Examples of
a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means 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.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Amended 5-13-2021 by Ord. No. 21-11]
a.
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
1.
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
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.
Note: 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.
[Amended 5-13-2021 by Ord. No. 21-11]
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 25-1700.32.12.10.
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 quality, and stormwater runoff quantity requirements of Subsections 25-1700.32.12.4o, p, q and r:
1.
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
2.
The construction of an aboveground 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 fourteen (14) feet, provided that
the access is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 25-1700.32.12.4o, p, q and r 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 stormwater management measures, the option selected complies with the requirements of Subsection 25-1700.32.12.4o, p, q and r to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of Subsection 25-1700.32.12.4o, p, q and r, 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 condemnation lands not falling under Subsection 25-1700.32.12.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 25-1700.32.12.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 25-1700.32.12.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
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Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
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Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
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Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
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Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
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Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
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Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
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(Notes corresponding to annotations (a) through (g) are found after Table 3)
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Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
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Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found after Table 3)
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Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
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Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
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Notes to Tables 1, 2, and 3:
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|---|---|
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(a)
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Subject to the applicable contributory drainage area limitation specified at Subsection 25-1700.32.12.4o2;
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(b)
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Designed to infiltrate into the subsoil;
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(c)
|
Designed with underdrains;
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(d)
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Designed to maintain at least a 10-foot-wide area of native
vegetation along at least fifty percent (50%) of the shoreline and
to include a stormwater runoff retention component designed to capture
stormwater runoff for beneficial reuse, such as irrigation;
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(e)
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Designed with a slope of less than two percent (2%);
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(f)
|
Designed with a slope of equal to or greater than two percent
(2%);
|
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(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection 25-1700.32.12.2;
|
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(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 25-1700.32.12.2.
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g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 25-1700.32.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 25-1700.32.12.4o only if the measures meet the definition of green infrastructure at Subsection 25-1700.32.12.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 25-1700.32.124o2 are subject to the contributory drainage area limitation specified at Subsection 25-1700.32.12.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 25-1700.32.12.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 25-1700.32.12.4d is granted from Subsection 25-1700.32.12.4o.
h.
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high-water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
2.
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 one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one (1) inch and a maximum spacing between bars of six (6) inches. In addition, the design of trash racks must comply with the requirements of Subsection 25-1700.32.12.8c;
3.
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.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 25-1700.32.12.8; and
5.
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of two and one-half (2 1/2)
inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 25-1700.32.12.2 may be used only under the circumstances described at Subsection 25-1700.32.12.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at Subsection 25-1700.32.12.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 25-1700.32.12.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one (1) drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-1700.32.12.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Office of the Cape May County Clerk.
A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-1700.32.12.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 25-1700.32.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within one hundred eighty (180) calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 25-1700.32.12.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Cape May County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 25-1700.32.12.4m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection 25-1700.32.12.4m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 25-1700.32.12.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 25-1700.32.12.4f and/or an alternative stormwater management measure approved in accordance with Subsection 25-1700.32.12.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
3.
To satisfy the stormwater runoff quantity standards at Subsection 25-1700.32.12.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 25-1700.32.12.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 25-1700.32.12.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 25-1700.32.12.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections 25-1700.32.12.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsections 25-1700.32.12.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 25-1700.32.12.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 25-1700.32.12.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain one
hundred percent (100%) of the average annual pre-construction groundwater
recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the 2-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
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.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is one and twenty-five hundredths
(1.25) inches of rainfall in two hours. Water quality calculations
shall take into account the distribution of rain from the water quality
design storm, as reflected in Table 4, below. The calculation of the
volume of runoff may take into account the implementation of stormwater
management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
eighty percent (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.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 25-1700.32.12.4p, q and r.
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.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by ninety five percent (95%) of the anticipated load
from the developed site, expressed as an annual average.
10.
This stormwater runoff quality standards do not
apply to the construction of one individual single-family dwelling,
provided that it is not part of a larger development or subdivision
that has received preliminary or final site plan approval prior to
December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 25-1700.32.12.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the 2-, 10-, and 100-year storm events do not exceed, at any point
in time, the pre-construction runoff hydrographs for the same storm
events;
(b)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the 2-,
10- 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;
(c)
Design stormwater management measures so that the
post-construction peak runoff rates for the 2-, 10- and 100-year storm
events are fifty percent (50%), seventy-five percent (75%) and eighty
percent (80%), respectively, of the pre-construction 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; or
(d)
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with paragraphs 2(a), 2(b) and 2(c)
above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 5-13-2021 by Ord. No. 21-11]
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 Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction 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 above at Subsection 25-1700.32.12.5a1(a) and the Rational and Modified Rational Methods at Subsection 25-1700.32.12.5a1(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 (5) years without interruption prior to the time of application. If more than one land cover has existed on the site during the five (5) 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 pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
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 or 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:
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Groundwater-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 the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Amended 5-13-2021 by Ord. No. 21-11]
a.
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance guidance.htm.
b.
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
[Amended 5-13-2021 by Ord. No. 21-11]
a.
Site design features identified under Subsection 25-1700.32.12.4f above, or alternative designs in accordance with Subsection 25-1700.32.12.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 25-1700.32.12.7a2 below.
1.
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
(b)
A different grate, if each individual clear space
in that grate has an area of no more than seven (7.0) square inches,
or is no greater than five tenths (0.5) inches 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 system floors used to collect stormwater
from the surface into a storm drain or surface water body.
|
(c)
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven (7.0) square
inches, or be no greater than two (2.0) inches across the smallest
dimension.
2.
The standard in a1 above does not apply:
(a)
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine (9.0) square inches;
(b)
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
(1)
A rectangular space four and five-eighths (4.625)
inches long and one and one-half (1.5) inches wide (this option does
not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of five tenths
(0.5) inches. Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that
has parallel bars with one-inch (1 inch) spacing between the bars,
to the elevation of the Water Quality Design Storm as specified in
N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
[Amended 5-13-2021 by Ord. No. 21-11]
a.
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 25-1700.32.12.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
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
BMP to ensure proper functioning of the BMP 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 two and five tenths (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; and
(d)
The trash rack shall be constructed of rigid, durable,
and corrosion resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
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 (2) 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 pounds per square
foot.
3.
Stormwater management BMPs shall include escape provisions as
follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 25-1700.32.12.8c, a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two-and-one-half (2 1/2) feet. Safety ledges shall be comprised of two steps. Each step shall be four to six (6) feet in width. One step shall be located approximately two and one-half (2 1/2) feet below the permanent water surface, and the second step shall be located one to one and one-half (1 1/2) feet above the permanent water surface. See Subsection 25-1700.32.12.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three (3) horizontal to one (1) vertical.
d.
Variance or Exemption from Safety Standard.
A variance or exemption from the safety standards for stormwater
management BMPs may be granted only upon a written finding by the
municipality that the variance or exemption will not constitute a
threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Amended 5-13-2021 by Ord. No. 21-11]
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 25-1700.32.12.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
3.
The applicant shall submit five (5) copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 25-1700.32.12.9c of this section.
b.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed as
a part of the review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the municipality's review engineer to determine if all
of the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan.
The following information shall be required:
1.
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of two hundred
(200) feet beyond the limits of the proposed development, at a scale
of one (1) inch = two hundred (200) feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
3.
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of Subsections 25-1700.32.12.3 through 25-1700.32.12.5 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 disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 25-1700.32.12.4 of this section.
(b)
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on onsite boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 25-1700.32.12.10.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 25-1700.32.12.9c1 through 25-1700.32.12.9c6 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.
[Amended 5-13-2021 by Ord. No. 21-11]
a.
Applicability. Projects subject to review as in Subsection 25-1700.32.12.1c of this section shall comply with the requirements of Subsection 25-1700.32.12.10b and c.
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.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under Section 25-1700.32.10.B.3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 25-1700.32.12.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.). of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under Subsection 25-1700.32.12.10b3 above shall perform all of the following requirements:
(a)
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;
(b)
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
(c)
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 25-1700.32.12.10b6 and 25-1700.32.12.10b7 above.
8.
The requirements of Subsections 25-1700.32.12.10b3 and 25-1700.32.12.10b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have fourteen (14) days to effect maintenance and repair of
the facility in a manner that is approved by the municipal engineer
or his designee. The municipality, in its discretion, may extend the
time allowed for effecting maintenance and repair for good cause.
If the responsible person fails or refuses to perform such maintenance
and repair, the municipality or County may immediately proceed to
do so and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
[Amended 5-13-2021 by Ord. No. 21-11]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be required to correct such violations, and shall
submit a plan of action for correction within sixty (60) calendar
days from receiving notice from the municipality, County, or State
of the existence of such violation. The violation shall be corrected
within one hundred twenty (120) calendar days from receiving notification
as above. Failure to correct violations within the above time frame
shall allow the municipality to correct, or have corrected, any violations,
and charge the responsible party for all costs associated with the
corrective work.
a.
For closed conduits, the design criteria shall be a two (2)
year storm frequency as a minimum when not immediately adjacent to
the discharge end of the system. When a development's conduit system
is located adjacent to the discharge point a five (5) year storm frequency
shall be used.
b.
For open channels ten (10) years.
c.
For detention facilities, a twenty-four (24) hour flood with
a return period not less than fifty (50) years.
d.
For retention facilities, double the capacity obtained by applying
the requirements for detention facilities.
e.
For gutter flow calculations, five (5) years.
Runoff determinations should be made using the rational formula
or, in unusual cases, other methods with the prior approval of the
City Engineer. Upstream areas should be considered based on their
full development potential according to current zoning or the current
use, whichever produces the greatest runoff. Runoff coefficients used
should generally fall in the following ranges:
|
Classification Fully Developed
|
Range of Coefficient
|
|---|---|
|
Public parks, open space and land conservation
|
0.15 - 0.30
|
|
Low density residential
|
0.30 - 0.45
|
|
Medium density residential
|
0.40 - 0.60
|
|
High density residential
|
0.55 - 0.70
|
|
Commercial, office and industrial
|
0.60 - 0.90
|
|
Pavements, roadways, shoulders
|
0.90- 1.00
|
In general, velocities in closed conduits at design flow should
be at least two and five-tenths feet (2.5') per second, but not more
than the velocity which will cause erosion damage to the conduit and
velocities in open channels at design flow shall not be less than
one and five-tenths feet (1.5') per second and not greater than that
velocity which will begin to cause erosion or scouring of the channel.
a.
For unlined earth channels, the maximum velocity allowed will
be two feet (2') per second. For other channels sufficient design
data and soil tests to determine the character of the channel shall
be made to developer and shall be made available to the City Engineer
at the time of drainage review.
b.
At transitions between closed conduits and open channels or
different types of open channels suitable provisions must be made
to accommodate the velocity transitions. These provisions may include
riprapping, gabions, lining, aprons, chutes and checks, or others,
all suitably detailed and approved as part of the final plat submission.
c.
For all flow of forty (40) cubic feet per second or more, tailwater
depth and velocity calculations shall be submitted.
In general, the Manning formula will be used by the City Engineer
to review the adequacy of proposed drainage facilities. Other formulae
may be used in particular cases with the previous agreement of the
Board.
All drainage facilities carrying runoff from tributary areas
larger than one-half (1/2) square mile must have the approval of the
New Jersey Department of Environmental Protection, Division of Water
Resources. Evidence of such approval shall be required to be submitted
prior to the final approval of the site plan.
All encroachments of natural waterways must be referred to the
New Jersey Department of Environmental Protection, Division of Water
Resources for approval in accordance with statute. The State may retain
jurisdiction in which case a permit will be necessary as set forth
above or may refer the matter to the County Engineer for review.
Storm drainage systems shall be designed to include not only
the proper drainage of the actual area of the specific development
and the area tributary thereto, but shall also include the disposal
of the storm water runoff to an adequate outlet or other means of
final disposal of the storm water, such as a river, running stream,
lagoon or an existing adequate storm sewer.
Whenever sump conditions occur, an analysis shall be made of
the effect of the occurrence of a major storm having at least one
hundred (100) year return frequency. The effect of such a storm and
the flooding limits anticipated shall be shown. Site design, grading,
and drainage shall anticipate such major storm and be so arranged
so as to prevent damage to existing or proposed structures or adjacent
properties under such conditions .
All major and minor arterial, collector, local collector, local
and marginal access streets shall be designed in accordance with the
proposals contained in the Master Plan of the City and/or in accordance
with this subsection.
a.
Upon receipt by the Planning Board of any subdivisions or site
plans calling for the installation of new streets or the extension
of old streets, the plats shall be referred to the City Engineer and
Chief of Police for review.
1.
They shall make recommendations as to the acceptable minimum
widths of each street and shall base the recommendations upon such
factors as the location, proposed use and intensity of traffic, with
an emphasis upon safety considerations of both a fire and police nature.
2.
These recommendations shall be submitted to the City Engineer
to be considered in conjunction with such studies and statistics and
other data which the Engineer shall have assembled as a basis for
determining minimum street widths within the City.
b.
The design and location of collector, minor and marginal access
streets shall be determined by the Planning Board in their review
of the applications so as to conform to the "Schedule of Street Design
Standards" (see Figure 10).
c.
The enumerated standards are to be construed as minimum standards
and may be increased where, because of high traffic volumes, steep
grades or other such reasons, the Planning Board determines that such
action is necessary.
d.
In residential subdivisions, the minimum street width required
by the attached "Schedule of Street Design Standards"[1] shall only be the minimum of thirty-six feet (36') for
certain minor streets designed solely to allow access by residents
to their homes. Under no circumstances is the minimum widths of any
street in the City of Ocean City to be less than thirty-six feet (36').
[1]
Editor's Note: The "Schedule of Street Design Standards" referred to herein may be found within § 25-1700.34.6.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension and/or
realignment of existing streets except that local and collector streets
should only be extended when such extension is necessary and the Planning
Board concurs that such extension will promote safety and conform
to the street standards contained elsewhere in this Ordinance.
Where developments abut existing roadways, sufficient additional
front yard building setbacks shall be provided to coincide with the
right-of-way width proposed for the roadway as per the Master Plan.
Local streets shall be designed in accordance with the schedule
of street design standards and the requirements contained herein.
a.
No street or road shall be designed which has an elevation at
the center line of less than six feet (6') above mean sea level and
as indicated by the United States Coast and Geodetic Survey.
b.
Local streets shall be arranged so that there exists a minimum
possibility of their use by traffic which does not have its origin
or destination at the lots to which the local streets provide access.
c.
Culs-de-sac (dead end streets) should have a center line length,
from the intersecting street center line to the center point of the
turnaround of the cul-de-sac, of not less than one hundred feet (100')
nor longer than six hundred feet (600') and should not provide access
to more than twenty-five (25) lots.
1.
They shall provide an end turnaround with a pavement radius
of not less than fifty feet (50') and a property line radius of not
less than sixty feet (60') and tangent whenever possible to the right
side of the street, when viewed toward the closed end.
2.
In the event it is contemplated that a dead end street shall
be extended in the future, a temporary turnaround, meeting the aforementioned
design criteria shall be required, and provisions made future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
d.
Artificial modifications in street rights-of-way for the purpose
of increasing lot frontage shall be prohibited. Such prohibited modification
shall include, but not be limited to, widening tile right-of-way of
a continuous street through the use of semicircular projections.
e.
Use of reduced paving width may be considered by the Municipal
Agency when a cul-de-sac or loop street provides access to twenty-five
(25) or fewer lots, where, by reason of topography, physical features
or other conditions of the reduced paving width would substantially
reduce disruption of the development's environment.
1.
In no case shall the paving width of a two-way cul-de-sac or
loop street be reduced to less than twenty-six feet (26').
2.
Such one-way streets with reduced paving width are subject to
the review and approval of the Traffic Bureau of the New Jersey Department
of Transportation.
3.
Such review and approval must be obtained by the developer before
approval of a final plat will be granted.
[Ord. #94-16, Appx. A]
In any development, it shall be the duty of the Planning Board
to approve classification of proposed streets according to their use,
and in accordance with the Federal classification of roadways. In
making decisions, the Planning Board shall refer to the Master Plan
and the Cape May County Planning Board classification of roadways
and shall consider conditions within the development and the surrounding
areas and shall use as a guide the street classification and criteria
contained herein.
a.
Functional Classification of Existing Streets.
|
Classification
|
Street Section Description
|
|---|---|
|
Primary Arterial Road
|
U.S. Highway 52, from the westerly City boundary, along 9th
Street to Palen Avenue.
|
|
Secondary Arterial Road
|
Ninth Street-Palen Avenue to West Avenue.
|
|
Ocean Drive, from the southerly City boundary to 55th Street,
then following Central Avenue to 29th Street, then following Wesley
Avenue, Wesley Road and Gardens Parkway to the northerly City boundary.
| |
|
Asbury Avenue, from 55th Street to Battersea Road.
| |
|
Roosevelt Boulevard, from the westerly City boundary along 34th
Street to Central Avenue.
| |
|
Bay Avenue, from Roosevelt Boulevard to Battersea Road.
| |
|
Battersea Road, from Bay Avenue to Wesley Avenue.
| |
|
Collector Street
|
West Avenue.
|
|
Haven Avenue, north of 34th Street.
| |
|
Local Street
|
All streets not listed above are local streets.
|
|
Alley
|
Narrow streets with 15 feet to or 20 feet cartways located at
the rear of properties.
|
In any subdivision abutting or being traversed by a collector
street or arterial highway, one of the following conditions shall
be required as the Planning Board deems appropriate.
a.
A marginal street meeting the classifications herein for a local
street shall be provided along each collector, or arterial highway,
and shall be separated from the collector or arterial highway by a
landscaped strip at least twenty-five feet (25') in width.
b.
The frontage of all lots abutting the collector or arterial
highway shall be reversed so that the lots will front on an internal
local street.
c.
All lots abutting collector streets may, in lieu of the above,
be provided with suitable driveway turnarounds eliminating any necessity
for vehicles to back into the collector street.
d.
Other means of providing a satisfactory buffer separating through
and local traffic shall be provided as may be deemed proper by the
municipal agency.
FIGURE 10: SCHEDULE OF STREET DESIGN STANDARDS
 |
e.
Dwellings on corner lots shall have their driveway access on
the roadway designed and intended to carry the lesser amount of traffic.
Street design standards shall be appropriate to the expected
use of the street, soil, topographical and other physical conditions,
and to the maintenance of the purposes of this Ordinance, but shall
not be less than those set forth herein and also in the Schedule of
Street Design Standards (Figure No. 10). All streets shall be constructed
and graded and surfaced in accordance with these standards and specifications.
a.
All topsoil shall be stripped from the proposed subgrade. The
subgrade when completed, shall be true to the lines, grades and cross
sections given on the plan accompanying the road profile.
1.
After the profile has been shaped correctly, it shall be brought
to a firm, unyielding surface by rolling entire surface with a three
(3) wheel power roller weighing not less than ten (10) tons.
2.
All soft and spongy places shall be excavated to such a depth
as shall be necessary to stabilize the foundation of the road and
refilled solidly with subbase consisting of broken stone, broken slag,
gravel, suitable earth or sand as directed by the City Engineer.
3.
All loose rock or boulders shall be removed or broken off six
inches (6") below the subgrade surface. All stumps and roots shall
be removed in their entirety.
4.
This shall be done before completing the rolling of the entire
surface of the subgrade.
b.
Embankments (fills) shall be formed of suitable material placed
in successive layers of not more than twelve inches (12") in depth
for the full width of the cross section and shall be compacted by
distributing uniformly over each succeeding layer, or by rolling with
a ten (10) ton roller as directed by the City Engineer, to a compaction
sufficient to prevent settling.
c.
The roadway base shall conform to the following:
d.
The surface or wearing course shall be bituminous concrete type
FABC Mix I-5 with a minimum thickness of not less than one and one-half
inches (1-1/2"). The bituminous concrete shall be laid with a self-propelled
paving machine approved by the City Engineer.
e.
Pavement shall be installed from curb to curb except in unusual
conditions of terrain and where otherwise required as determined by
the City Engineer.
f.
Materials, inspection and general requirements which pertain
to this section are as follows:
1.
All material and appurtenances unless otherwise specified herein,
shall comply with the requirements set forth in the current N.J. State
Department of Transportation Standard Specifications.
2.
The work shall be inspected throughout the course of construction
by the City Engineer or his duly authorized representatives, who shall
be notified in writing twenty-four (24) hours before any work is started
or continued.
3.
The requirements herein shall be considered as minimum requirements
for street improvements. Where special circumstances or condition
of drainage, terrain, character of soil or otherwise, require different
construction or materials, such construction or materials shall be
determined by the City Engineer.
4.
All subsurface utilities shall be installed prior to the application
of the wearing surface on the streets.
Street intersections shall be designed according to the standards
contained herein.
a.
No more than two (2) streets shall cross the same point. Street
intersections shall be at right angles wherever possible, and intersections
of less than sixty degrees (60º) (measured at the center line
of streets) shall not be permitted.
b.
Local streets should not enter the same side of collector streets
at intervals of less than five hundred feet (500'), or arterials at
intervals of less than one thousand two hundred feet (1,200').
c.
Street jogs with center line offsets of less than one hundred
twenty-five feet (125') shall be avoided. Streets which enter collectors
or arterials from opposite sides shall be directly opposite to each
other or must be separated by at least three hundred feet (300') between
their center lines measured along the center line of an intersected
collector; or five hundred feet (500') along the center line of an
arterial.
d.
Approaches of any collector or arterial street to any intersection
of another collector or arterial street shall be tangent or have a
center line radius greater than five thousand feet (5,000') for at
least five hundred feet (500') from the intersection.
e.
Approaches of any local street to any other street shall:
1.
Be tangent (straight) for a distance of at least fifty feet
(50') from the intersection, or
2.
Have a center line radius greater than one thousand feet (1,000')
for at least one hundred fifty feet (150') from the intersection,
and
3.
Have a clear site of a point three feet (3') high in the intersection
for a distance of not less than four hundred feet (400').
Street layout should be in accordance with the provisions contained
herein.
a.
Curved local streets are preferred to discourage speed and monotony.
The maximum straight line distance should not exceed one thousand
feet (1,000').
b.
The Planning Board in all cases may require provisions for continuing
circulation patterns onto adjacent properties and, for this purpose,
may require the provision of stub streets abutting adjacent properties.
c.
Residential development areas containing more than one hundred
fifty (150) lots or dwelling units should have two (2) access points
from collector streets or arterial highways.
d.
A tangent at least one hundred feet (100') long shall be introduced
between reverse curves on arterial and collector streets.
Street names and development names shall not duplicate, nearly
duplicate or be phonetically similar to the names of any existing
streets or developments in the City or contiguous areas of other communities.
Any continuation of an existing street shall have the same street
name.
The developer shall complete all improvements to the limits
of the development, unless other provisions have been made and approved
by the Planning Board.
a.
In those instances where completion of certain improvements
would not be possible until the development of adjacent land takes
place, alternate temporary improvements may be constructed subject
to the approval of the Planning Board.
b.
Cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the City Council to be credited toward the completion
of such improvements at such time as the adjacent land develops.
The right-of-way width and other standards for internal roads
and alleys in multifamily, commercial and industrial developments
shall be determined by the Planning Board on an individual basis and
shall in all cases, be of sufficient width and design to safely accommodate
maximum traffic, parking and loading needs, and maximum access for
firefighting equipment and shall generally conform to the requirements
herein.
There shall be no reverse strips or areas controlling access
to streets except where control and disposal of the land comprising
such strips or areas have been placed under jurisdiction of the City
Council under conditions approved by the Planning Board.
All developments, upon municipal approval of plans and prior
to the issuance of a building permit, shall obtain a street excavation
permit for any excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way, and be required to observe
all other regulations as set forth in the Street Excavation Ordinance.
For all major subdivisions and multi-family developments which
require site plan approval, the developer shall arrange with the Atlantic
Electric Company to provide street lighting service upon the appropriate
tariff and prevailing government rules and regulations. The street
lighting shall be installed at the average pole spacing of one hundred
fifty feet (150') on centers for post-top luminaries at an approximate
mounting height of thirteen feet (13') or two hundred feet (200')
on centers for standard street lighting luminaries on a six foot (6')
bracket at an approximate mounting height of twenty-five feet (25').
The Planning Board may alter the street lighting requirements as it
deems appropriate due to special circumstances including but not limited
to intersections, curves, culs-de-sac, and collector or arterial roadways.
The Atlantic Electric Company shall install wiring in addition
to that on the approved street lighting plan where said additional
wiring is required to accommodate the full plan in accordance with
the company's filed tariff and approved procedure at the time.
The cost of this additional wiring shall be the responsibility
of the subdivider.
Street lighting shall be installed, as directed by and subject
to approval by the Planning Board prior to the Certificates of Occupancy
being issued.
The cost of the additional wiring and electricity for street
lighting for all streets within the development shall be paid for
by the owner or subdivider until streets are accepted by the City,
and the City Council has authorized the release of all performance
bonds upon completion of all improvements for the development.
No major subdivision plat or major site plan for multi-family
development shall receive final approval unless the suggested street
lighting plan of the Atlantic Electric Company is shown thereon.
No subdivision plat shall receive final approval unless the
suggested street lighting plan of the Atlantic Electric Company is
shown thereon.
After final acceptance, operation and maintenance costs of the
street lighting shall be the responsibility of the City.
Street signs shall be appropriate metal street signs of a type
and size approved by resolution of the City Council and shall be properly
installed at each street intersection.
Street signs shall be placed two (2) per intersection on the
near right hand corner as viewed from both directions on the street
which is expected to carry the greatest traffic through the intersection
at locations approved by the City Engineer.
Mountings shall be in accordance with the standard procedures
of the City, or with requirements adopted by the City Council.
Street signs shall be placed before any Certificate of Occupancy
for houses on the subject street are issued.
Prior ordinance history includes portions of Ordinance Nos.
94-16, 99-20, 02-36, 03-22, 08-12 and 09-28.
The purpose of this Ordinance is to provide comprehensive regulations
for the selection, planting and maintenance of landscaping within
the City of Ocean City. In order to promote an attractive, sustainable
and diverse community environment, the Governing Body of the City
recognizes that appropriate landscaping represents an important part
of the City's character that has environmental benefits and contributes
positively to an improved quality of life for its citizens.
[Ord. # 12-03, § 3]
a.
ANSI
APPROVING AUTHORITY
CALIPER
COMMUNITY FORESTRY PLAN
DIAMETER BREAST HEIGHT (DBH)
DRIPLINE
GROUNDCOVER
HAZARDOUS TREE
HISTORIC TREE
SHADE TREE
SHRUB
SPECIMEN TREE
STREET TREE
TOPPING
TREE
RECOMMENDED STREET TREES
For all purposes of this section, the following terms, phases,
words, and their derivations shall have the meaning given therein;
Shall mean the American National Standards Institute.
Shall in terms of this Ordinance mean the Zoning Official,
City Engineer, Planning Board and Zoning Board of Adjustment.
Shall mean the type of diameter measurement used in the nursery
industry. The height of the measurement shall be taken from the ground
level for the field grown stock and from the soil line for container
grown stock, which should be at or near the top of the root flare.
Caliper measurement of the trunk shall be taken three feet (3') above
the top of the root flare up and including six inch (6 ") caliper
size. For trees smaller than six inch (6") caliper, the caliper measurement
will be taken twelve inches (12") above ground. Seldom are tree trunks
are perfectly round. The most accurate measurement will result from
the use of diameter tape measurements. Caliper measurements taken
with manual or electronic "slot" or "pincer" type caliper tools should
be the average of the smallest and largest measurements. (ANSI Z60.1-2004).
Shall mean a plan developed by the municipality and Shade
Tree Committee that outlines the goals and objectives for managing
trees on municipal property, with the intent of minimizing liability
to the municipality and maximizing the useful life of its tree resource.
This plan is to be approved by the New Jersey Forest Service, Division
of Parks and Forestry, New Jersey Department of Environmental Protection.
The Shade Tree Committee shall be formed to oversee the implementation
of the Community Forestry Management Plan.
Shall mean the diameter of a tree measured four and one half
feet (4.5') along the center of the trunk axis with the ground, so
that the height is the average of the lowest and highest sides of
the trunk.
Shall mean the area directly located under the outer circumference
of the tree branches.
Shall mean any densely planted evergreen or broadleaf evergreen
plant that does not attain a mature height of more than eighteen inches
(18").
Shall mean any tree that poses a danger to the public or
threatens the integrity of any public or private property.
Shall mean a tree that has been found to be of notable historic
interest to the City of Ocean City, because of its age, type, size,
or historic significance that has been so designated and that designation
has been made and promulgated as part of the official records of the
Shade Tree Committee and the City of Ocean City.
Shall mean a tree usually deciduous, planted primarily for
its overhead canopy.
Shall mean a woody evergreen or deciduous plant smaller than
a tree, consisting of several small stems from the ground or small
branches near the ground.
Shall mean any tree in fair or better condition, which is
so designated by the Shade Tree Committee. Considerations are based
upon whether the tree is a rare species or a species variant thereof:
is extraordinary height, trunk diameter or drip line circumference
for a tree of its kind; has foliage of a very unusual quality for
a tree of its kind; occupies an outstanding or important location
and confers special shade-tree attributes such as, fragrance, erosion
control, aesthetic, scenic enhancement, historical, preservation or
cultural significance to the community.
Shall mean a tree that is currently located or proposed for
planting along a street on either private or public property.
Shall mean the severe cutting back of limbs to stubs within
the trees crown to such a degree so as to remove or destroy the normal
canopy architecture and causes tree disfigurement.
Shall mean a woody plant having at least one well-defined
stem or trunk and normally attaining a mature height of at least fifteen
feet (15').
Shall mean a document containing selected tree species and
cultivars that are appropriate for street tree use within the City
of Ocean City. This document has been prepared by a licensed tree
expert, was reviewed and approved by the Shade Tree Committee and
is attached hereto as Appendix A. (Appendix A may be found at the
end of this section.)
[Ord. # 12-03, § 3]
The regulations contained in this Ordinance shall apply to developments
proposing the construction, reconstruction and enlargement of one
(1) or more residential dwelling units, minor and major subdivisions,
minor and major site plans, landscaping within the public right-of-way,
landscaping on public property, and landscaping as specified on private
property.
[Ord. # 12-03, § 3]
a.
The provisions of this Ordinance shall be administered as follows:
1.
Zoning Official — Construction, reconstruction or enlargement
of any use or structure not involving approval of a subdivision or
site plan.
2.
Planning Board or Zoning Board — All applications for
development.
3.
Zoning Official, City Engineer or their designee shall:
(a)
Exercise full and exclusive control over the regulation
of, planning of, the planting of, and care of all trees and shrubbery
now located, or which may hereafter be located, within the public
right-of-way and on public lands including the planting, trimming,
spraying, care and protection thereof;
(b)
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection;
(c)
Move or require the removal of any tree, or part
thereof, deemed hazardous to public safety. Where such tree is located
on private property the expense shall be borne by the property owner;
(d)
Solicit advice and comments from the Shade Tree
Committee;
(e)
Administer treatment to, or remove any tree situated
upon private property which is believed to harbor disease and/or insects
readily communicable to neighboring healthy trees in the care of the
City or surrounding private property owners, and to enter upon private
property for that purpose, with consent of the owner thereof provided
that the suspected condition is first confirmed by a certificate issued
by or on behalf of:
[Ord. # 12-03, § 3]
a.
Persons wishing to engage in any business related to tree trimming,
pruning, cutting or removing pursuant to the 2009 Tree Experts and
Tree Care Operators License Act, are required to engage the services
of a New Jersey licensed tree expert and associated tree care operators.
This Act exempts public utility employees and their contractors and
government employees who are engaged in tree care activities, from
abiding by its provisions;
b.
A City mercantile license will be required for those engaging
in tree care within the City of Ocean City.
[Ord. # 12-03, § 3]
All areas not devoted to structures, parking areas, or other
required uses shall be appropriately graded, landscaped and maintained
in accordance with the landscaping plan approved by the Approving
Authority, upon review and consideration of recommendations by the
Shade Tree Committee. Consideration shall be given in the choice and
location of plant materials to screen or create views, to define boundaries
between private and common open space, to attenuate noise, to enhance
and articulate outdoor spaces, to provide shade and define circulation
systems.
a.
All nonpaved areas adjoining residential, commercial, industrial,
public and semi-public buildings shall be suitably landscaped with
lawn, trees, shrubs, and other landscape materials. Landscaping plans
shall include provisions for watering of landscaped areas, except
when it can be shown that indigenous or drought-tolerant species are
planted. Such methods shall be adequate and acceptable to the Approving
Authority.
b.
In nonresidential zone districts, a minimum of fifteen percent
(15%) of the lot or tract area, not including any parking areas or
drives, shall be devoted to landscaped open space, which may include
existing vegetation.
1.
The exterior perimeter and yards of all buildings shall be properly
landscaped and lighted.
2.
The exterior foundation of all buildings shall be suitably planted
with shrubs, trees, and ground cover.
3.
(Reserved)
4.
Existing healthy specimen trees may be included in satisfying
these requirements.
c.
Whenever possible, natural features will be preserved.
d.
Landscaped areas not dedicated to the City shall be maintained
by and at the expense of the owner(s) or an approved agent thereof.
e.
The landscaping plan should observe the following design principles:
1.
Locate landscaping to provide for climate control. For example,
shade trees on the south to shield the hot summer sun and evergreens
on the north for wind breaks.
2.
Use landscaping to accent and complement buildings. For example,
groups of tall trees to break up long low buildings and lower plantings
for taller buildings.
3.
Landscaping shall be provided for public areas, recreation sites,
and adjacent to buildings.
4.
Landscaping plans shall provide for a variety and mixture of
plantings. The variety shall consider susceptibility to disease, colors,
seasonal interest, textures, shapes, blossoms, and foliage.
5.
Local soil conditions and water availability shall be considered
in the choice of landscaping. Native species and drought-tolerant
plants are encouraged.
6.
The landscaping plan shall provide for adequate plant installation
and maintenance including, pruning, fertilization and irrigation.
7.
Areas in which parking is not permitted pursuant to this Ordinance
shall be landscaped using trees, shrubs, grass, groundcover or other
plants of suitable size and variety in a plan compatible to the area.
8.
Parking of motor vehicles on landscaped areas, on grass, or
against trees and shrubbery is prohibited. Parking of vehicles on
landscaped/grass areas is permitted during special events.
9.
Bases of trees and other landscaped areas shall include suitable
groundcover so as to discourage the growth of weeds.
[Ord. # 12-03, § 3]
Any person requiring a Zoning Permit to construct, reconstruct,
or enlarge any residential or commercial use or structure shall provide
a landscaping plan in compliance with this Ordinance.
[Ord. # 12-03, § 3]
Tracts being developed for the construction, reconstruction
or enlargement of two (2) or more residential lots shall submit a
landscaping plan to the Approving Authority by the owner/developer.
a.
Street trees shall meet planting requirements as specified in Subsection 25-1700.38.12 of this Ordinance.
b.
The plan shall indicate the location of all existing shade trees
of six inches (6") or greater caliper, all existing ornamental trees
of three inch (3") or greater caliper, and all evergreen trees five
feet (5') or greater in height. Trees which are required to be removed
shall be identified.
c.
Buffers are to be provided in accordance with Subsection 25-1700.38.11 of this Ordinance.
[Ord. # 12-03, § 3]
Applicants for major subdivision and/or major site plan approval
shall submit landscaping plans designed, prepared, and duly signed
by a certified landscape architect, professional engineer, professional
planner or registered architect, acceptable to the Planning Board
or Zoning Board professionals.
a.
The landscaping plan shall specify the location of planting
material, their minimum sizes at time of planting, quantity, variety,
and species (botanical and common names). The landscaping plan shall
be forwarded to the Shade Tree Committee for advice and comment.
b.
The landscaping plan shall show the location of all existing
shade trees of six inches (6") caliper or greater, all existing ornamental
trees of three inches (3") caliper or greater, all evergreen trees
five feet (5') and greater in height, and all trees which are proposed
for removal.
1.
Parking lots shall be landscaped pursuant to the requirements contained in Subsection 25-1700.38.10 of this Ordinance.
2.
Street trees selected from Appendix A of this Ordinance, shall
be planted along all undedicated roads, drives and parking areas at
twenty-five to thirty feet (25'-30') on-center.
3.
Trees referred to above shall be selected in accordance with requirements set forth in Subsection 25-1700.38.12 of this Ordinance.
[Ord. # 12-03, § 3]
Parking lots containing five (5) or more spaces shall be landscaped
as follows:
a.
At least one (1) shade or ornamental tree of two inches (2")
caliper or greater, and two (2) shrubs shall be provided for each
five (5) parking spaces. The base of each tree shall be left free
of pavement to the dripline, or for a diameter of three feet (3'),
whichever is greater.
b.
Groundcover shall consist of Ivy, Creeping Myrtle, Pachysandra,
or other similar material acceptable to the Approving Authority installed
in accordance with the requirements set forth in Subsection 25-1700.38.12.c
of this Ordinance.
c.
No parking lot shall contain more than fifteen (15) spaces in
a row in a business, commercial or other zone, nor more than ten (10)
spaces in a row in a residential zone, without interruption by a landscaped
island at least four feet (4') wide.
[Ord. # 12-03, § 3]
a.
A buffer is an area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by use of trees, shrubs, fences and/or
berms, designed to continuously limit view of and/or sound from the
site to adjacent properties. Buffers shall be designed, installed
and maintained so as to provide a year-round visual screen.
b.
Buffering shall be provided when the Planning Board or Zoning
Board determines that there is a need to shield the subject site from
adjacent properties and to minimize adverse impacts such as incompatible
land uses, noise, light, and traffic.
c.
Where buffers are required, the buffer shall be at least four
feet (4') wide and shall comply with the following standards:
1.
Shrubs and trees required as buffer elements shall be comprised
of a variety of species approved by the Shade Tree Committee and shall
conform to the current American Standard for Nursery Stock (ANSI Z60.1-2004).
2.
A berm may be used as part of the landscaped buffer screen in
which case the landscaping requirements may be reduced in minimum
height and quantity, provided a suitable and attractive visual screen
is maintained. The berm shall not be less than three feet (3') horizontally.
The design shall be reviewed by the Planning Board or Zoning Board
Engineer or Planner, as appropriate.
d.
Screening.
1.
Walls, plantings and fences meeting Ordinance requirements may
be erected where required for privacy, screening, separation, security
or to serve other necessary functions.
2.
Design and materials shall be functional and shall compliment
the character, size, and type of the building. No fence, plantings
or wall shall be so constructed or installed so as to constitute a
hazard to traffic or safety.
3.
When the effective operation of a building or structure, or
equipment within a building or structure, necessitates placing machinery,
motors, generators, or similar device for cooling, heating or generating
purposes, outside or on top of a structure, they shall be screened
from public view.
4.
Screening at ground level may consist of one or combination
of the following:
5.
For rooftop installations, extensions of parapet walls or mansard
rooflines, structural or ornamental screens or baffles.
6.
Any similar type of solid or uniform screening which will prevent
exposure of such equipment to public view.
7.
The above requirements shall not be constructed to prevent an
opening in any required screening for maintenance and access purposes.
However, any such opening shall be made as inconspicuous as is possible
so as not to present any unsightly display of said equipment to public
view.
[Ord. # 12-03, § 3; Ord. #17-23 § 2]
a.
Requirements for Trees.
1.
All trees that are to be used to satisfy the requirements of
this Ordinance shall be supplied, installed and maintained according
to the specifications contained herein. All planting, clearing, selective
thinning, top-soiling, seeding, and other landscaping work shall conform
to the applicable requirements of the standard specifications and
the relevant provisions of the City Code.
2.
All landscaping required as a condition of development approval
shall be of a type, size and installed in locations in conformance
with the specifications of this Ordinance. All such landscape material
must meet the minimum standards set forth within the American Standard
for Nursery Stock, ANSI Z60.1-2004.
3.
A list of approved and coastal-appropriate trees is attached
to this Ordinance as Appendix A.
4.
To the greatest practicable extent, each street block shall
be encouraged to use like-formed trees that exhibit similar crown
shapes at maturity and have similar growth rates. It is desirable
that neighboring blocks differ in the variety used to increase tree-stock
diversity.
5.
Street trees shall not be less than two inch (2.0") caliper
at the time of planting when planted behind the sidewalk and where
the distance between the curb and sidewalk is three feet (3') or greater.
Trees planted where the distance between the curb and sidewalk is
less than three feet (3') shall have a caliper of one-and-one-half
inches (1.5") to one-and-three-quarters inches (1.75").
6.
Trees should be planted while in a dormant state, preferably
in Spring and Autumn.
7.
Tree planting per the Planting Diagram: (A) dig the hole at
least two feet (2') wider than ball width and no deeper to even slightly
less than ball depth; (B) backfill with existing soil without amendments
so that the root flair (red arrow) is even with to slightly higher
than existing grade and tamp so no air pockets remain; (C) fully expose
root flair by opening its burlap covering and if possible remove a
wire basket entirely or at least cut away its upper portion; (D) apply
a ring of hardwood mulch; (E) optional staking.
 |
8.
Hole excavations should not be deeper than the tree's root-ball
shoulder, so that when the rootball is placed in the hole the bottom
of its root-collar is even with to slightly above the existing grade.
Furthermore, sediments should not be loosened more than one inch (1")
below the root-ball.
9.
At the time of planting all nonbiodegradable string, twine,
metal wiring and metal or plastic baskets shall be removed. In the
case of wire baskets, if it is not deemed feasible to remove the wire
in its entirety, the upper third portion of the basket shall be removed
with wire cutters as to minimize future root and root-collar injury.
10.
Trees are to receive two to three inches (2-3") of shredded
organic mulch. This mulch shall be spaced at least six inches (6")
away from the trunk of the tree to allow for aeration.
11.
All planting soil shall be backfilled containing parent soil,
and shall be free from debris, other vegetation, and dirt clumps.
Soil remediation will be required as necessary.
12.
Each tree shall be given a slow and thorough soaking with at
least five (5) gallons of water at the time of planting. Irrigation
should continue throughout the first year after planting and as necessary
thereafter.
13.
Staking and guy wiring systems shall be provided when necessary
and shall be considered a temporary apparatus. It is recommended that
two inch by two inch (2" x 2") stakes be driven securely into the
ground. Chain lock, binding tube and coco rope or similar products
are to be used for the guying systems. Tree stakes and guyed wires
if employed should be removed by the homeowner or contractor within
one (1) year of planting or until the tree is established (refer to
Planting Diagram).
14.
Removal of all excess planting debris is required. The property
shall be left in a neat and orderly condition in accordance with good
and acceptable planting practices.
15.
The varieties of cultivars and species of ornamental and evergreens
selected for landscaping and screening purposes shall be subject to
the review and recommendations of the Shade Tree Committee, especially
to address such issues as health, safety, or environmental concerns.
16.
Automated drip irrigation for trees shall be provided for all
new developments containing three (3) or more trees.
17.
The City Engineer or the Director of Public Works may at his
or her discretion remove any tree, or parts thereof, deemed dangerous
to the public safety.
18.
Property owners are responsible for the care of all trees on
their property and in the right-of-way adjacent to their property,
up to and including the curbline. Should any tree interfere with utility
wires or sight triangles, the Director of Public Works, other government
agencies, or utility company shall have the authority to trim or otherwise
alleviate the interference.
19.
Except where existing utilities or other factors create unsuitable
conditions, new street trees shall be planted within the area between
the sidewalk and the curbline and outside of the sight triangles on
all public streets and alleyways (refer to Diagram "A").
20.
Trees that cannot be placed adjacent to the street as required
by Subsection 25-1700.38.12.a.18 above, shall be placed in the front
yard at least four (4') feet from the rear edge of the sidewalk (refer
to Diagram "A").
21.
Street trees shall be located twenty-five to thirty feet (25'
to 30') on-center based on their mature height, canopy spread of the
individual species, and existing trees on adjoining lots (refer to
Diagram "A").
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LOCATION DIAGRAM "A"
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 |
22.
Additional guidance regarding the locations for new street trees
is illustrated on Diagram "B" and described below:
(a)
At intersections, outside of the street or alley
sight triangle (A); and on the approach to STOP signs, not within
an area defined as ten feet (10') from the curb for a distance of
thirty-five feet (35') along said curb from the intersection
(b)
Not more than fourteen feet (14') from the curbline
(B)
(c)
A minimum of five feet (5') from driveways (C)
and fire hydrants (D)
(d)
A minimum of ten feet (10') from utility and light
poles (E)
(e)
A minimum of two feet (2') from property lines
(F)
(f)
Between twenty-five to thirty feet (25'-30') on-center
(G) considering the presence of existing trees and utility infrastructure.
|
Location Diagram "B"
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 |
23.
Sidewalk cuts for tree planting shall be at least one foot (1')
wider than the size of the rootball at the time of planting. Typical
rootball measurements for various size trees are addressed within
the American Standard for Nursery Stock (ANSI Z60.1-2004). Rootball
diameters for field-grown shade trees up to three and one-half inch
(3.5") caliper, and evergreen trees up to nine feet (9') in height,
are indicated on the following table.
|
Rootball Standards
| |||
|---|---|---|---|
|
Shade Trees
|
Evergreen Trees (pyramidal, upright)
| ||
|
Caliper
(in.)
|
Minimum Rootball Diameter
(in.)
|
Height
(ft.)
|
Minimum Rootball Diameter
(in.)
|
|
1.5
|
20
|
4
|
20
|
|
1.75
|
22
|
5
|
22
|
|
2
|
24
|
6
|
24
|
|
2.5
|
28
|
7
|
26
|
|
3
|
32
|
8
|
28
|
|
3.5
|
38
|
9
|
32
|
|
Source: American Standard for Nursery Stock (ANSI Z60.1-2004)
| |||
24.
Persons planting street trees shall be aware of overhead wires
and underground utilities. All persons are required to utilize state
programs regarding utility markouts before digging.
25.
All trees that were originally required as part of an application
for development approval that have failed since original planting
shall be replaced with City-approved plantings at cost to the property
owner.
26.
All existing street trees, when removed, shall be replaced with
a new street tree except when the Approving Authority has determined
that the location is not suitable for street trees, and a waiver has
been approved.
b.
Existing Street Trees.
1.
Pursuant to the authority contained in N.J.S.A. 40:48-2:26,
it is hereby declared to be the responsibility of the owners or tenant
of lands lying within the City of Ocean City, to keep all trees growing
within ten feet (10') of any roadway and within thirty-five feet (35')
of any intersection of two (2) or more roadways, pruned and free of
branches and leaves to a minimum height of twelve feet (12') above
the gutterline of the road.
2.
No portion of a tree or shrub twelve feet (12') in height or
less shall overhang or encroach into a public alley.
3.
All trees and shrubs must be pruned to provide a clear height
of eight feet (8') above sidewalks, twelve feet (12') over residential
streets, and fourteen feet (14') over arterial streets.
4.
Where it is determined and documented by the Approving Authority
that a tree or shrub cannot be pruned as required by this Ordinance,
or that is deemed to be an obstruction, it may be removed.
5.
It shall be unlawful as a normal practice, for any person, business,
firm or City department to top any street tree, park tree, or other
tree within the public right-of-way or on nonpublic property. Trees
severely damaged by storms or other natural cause, certain trees under
utility or other obstructions, or when pruning practices are impractical
may be exempted from this Ordinance at the determination of the Director
of Public Works or the City Engineer or their designee. Since topping
irreversibly injures trees and, in the long term, creates hazardous
conditions, persons that are found to have topped trees are subject
to penalty, as outlined below.
c.
Shrubs, Groundcover, Planting Beds.
1.
Shrubs, evergreen trees, ornamental grasses and other plant
material that will exceed twelve inches (12") in height shall not
be allowed along curblines that front on a named street in Schedule
B.
[Ord. #17-23 § 2]
2.
Recommended on-center spacing for common groundcover plantings
are indicated in the following chart:
|
Pachysandra terminalis
|
6-8" on-center
|
|
Vinca minor
|
6-8" on-center
|
|
Hedra helix
|
8" on-center
|
|
Cotoneaster
|
18" on-center
|
|
Euonymus fortunei
|
12" on-center
|
|
Erica & Calluna
|
12-18" on-center
|
|
Gaulthera
|
8-12" on-center
|
|
Arctostaphylos
|
12-18" on-center
|
|
Rubus calycinoides
|
18" on-center
|
|
Ajuga
|
6-12" on-center
|
|
Asarum
|
8-12" on-center
|
|
Chrysogonum virginianium
|
12" on-center
|
|
Geranium varities
|
12" on-center
|
|
Houttynia
|
12" on-center
|
|
Lamium maculatum
|
8" on-center
|
|
Sedum kamschaticum & spurium
|
6-8" on-center
|
|
Stachys lanata
|
6-8" on-center
|
|
Veronica 'Waterperry'
|
8-12" on-center
|
3.
A minimum two inch (2'") layer of mulch is required between
plantings to discourage weed growth, conserve moisture, control soil
temperature and add organic matter to the soil.
4.
With the exception of lawns and areas within the public right-of-way,
planted areas adjacent to hard surfaces shall have wooden edges, raised
borders, or similar structures to prevent soil washing over the adjoining
paths. All borders shall be anchored to prevent flotation at high
tide or during storm events. Planting beds designed per the following
illustration are recommended in this area.
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Planting Bed Border
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[Ord. #12-03, § 3]
Topsoil protection shall be enforced according to requirements of § 25-1700.39 of the Ocean City Code. Where necessary, topsoil temporarily stored shall be stabilized in conformance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
[Ord. # 12-03, § 3]
No material or temporary soil deposits shall be placed within
six feet (6') of any trees or shrubs designated to be retained on
the approved landscaping plan. Where grading may be required, trees
not shown for removal shall be walled-in and extension tiled to the
dripline of the tree.
[Ord. # 12-03, § 3]
a.
Throughout the development, except in areas specifically designated
to remain in their natural state, in landscaped or buffer areas, on
building lots and in open space areas for public or quasi-public use,
the developer shall selectively thin to remove all dead or dying vegetation,
either standing or fallen, and shall remove all undesirable trees,
stumps and other growth.
b.
No healthy tree of eight inch (8") caliper or more, located
between the borders of the lot and building setback line, shall be
removed except for the installation of a driveway aisle or parking
area unless, such removal is in accordance with a plan approved by
the Planning Board or Zoning Board in consultation with the Shade
Tree Committee.
c.
Removal of all planting debris is required. All properties shall
be maintained in neat and orderly condition in accordance with good
and accepted planting practices.
1.
All tree stumps and other tree parts or other debris shall be
removed from the site and disposed of in accordance with the law.
2.
No tree stumps, portions of a tree trunk or limbs shall be buried
anywhere in the development.
3.
If trees and limbs are reduced to chips, they may be, subject
to the approval of the City Engineer, Planning Board or Zoning Board,
used as mulch in landscaped areas.
[Ord. # 12-03, § 3]
Landscaping of the area of all cuts or fills and terraces shall
be sufficient to prevent erosion and shall be approved by the City
Engineer, Planning Board Engineer or Zoning Board Engineer, as appropriate.
All roadway slopes steeper than one foot (1') vertically to three
feet (3') horizontally shall be planted with suitable groundcover
plants combined with grasses and/or sod.
[Ord. # 12-03, § 3]
Existing plants may be salvaged and/or relocated from clearing
areas within the development and utilized to meet the planting requirements
of this Ordinance provided that:
a.
Subject to approval by the City Engineer, Planning Board or
Zoning Board, each three (3) items of salvaged and/or relocated plant
material may be considered equivalent to two (2) items of new plant
material, and;
b.
All such salvaged and/or relocated plant material shall be of
a type, size, and quality acceptable to the City Engineer, Planning
Board or Zoning Board and;
c.
All such salvaged and/or relocated plant material shall be dug,
transported, and replanted at a season of the year and using equipment,
methods and materials conforming to the requirements of the Standard
Specifications and subject to the approval of the City Engineer, Planning
Board or Zoning Board and;
d.
The developer has received the approval of the City Engineer,
Planning Board or Zoning Board in consultation with the Shade Tree
Committee of the items to be relocated and the schedule and methods
of relocation prior to any work or salvaging and/or relocation taking
place.
e.
Trees and shrubs existing on land subject to the provisions
of this chapter shall be preserved wherever feasible. Criteria for
judging the feasibility of retaining existing vegetation include:
1.
The practicability of arranging site plan components around
existing features. In general, plans for groups of structures should
be designed so as to preserve tree masses, individual tree specimens,
and small stands of trees or shrubs;
2.
The condition of the vegetation with respect to continued vitality;
3.
The amount of healthy vegetation the area involved will support;
4.
The practical and economic possibility of designing the location
and grades of proposed structures and paving to preserve existing
vegetation;
5.
The desirability or lack thereof of a particular tree or species
by reason of its appearance; historic or ecological significance;
botanical characteristics; and the function the vegetation would fulfill
as a site plan component;
6.
Interference with utility services or encroachment into the
traffic visibility triangle; and,
7.
The possibility of preserving the vegetation while meeting the
development needs through pruning rather than removal.
f.
Existing trees that are preserved may contribute to the required
landscaping, based on individual tree types. For each shade tree that
is preserved, which is greater than six inch (6") caliper, and is
found on the approved list, the number of new shade trees to be installed
shall be reduced by two (2) trees. Shrubbery will be evaluated in
the same manner as new trees based on the species.
g.
Substantial barriers shall be specified on the Landscape Plan
and shall be placed at or beyond the drip line of trees to be protected.
These barriers shall remain in place during heavy construction on
the site, and no vehicle, machinery, tools, chemicals, construction
materials, or temporary soil deposits may be permitted within the
barriers, nor may any notice or other object be nailed or stapled
to protected trees.
h.
Where trees are to be preserved in areas of cut or fill, specific
grading measures or other protective devices, such as tree wells,
tree walls, or specialized fill and pavement designs shall be required
and shall be fully detailed on the Landscape Plan.
[Ord. #12-03, § 3]
Applicants or developers of any tract of land or building site
shall be required to post a performance bond and maintenance bond
pursuant to N.J.S.A. 40:55D-53 and as required herein to cover the
cost associated with the approved landscaping plan.
a.
The amount of the performance bond shall be set by the Planning
Board Engineer, Zoning Board Engineer or the City Engineer, as appropriate,
with the advice of the Shade Tree Committee.
b.
It shall be posted before a construction permit is issued. The
performance bond shall be released only after certification by the
Planning Board Engineer, Zoning Board Engineer or the City Engineer,
as appropriate and after consultation with the Shade Tree Committee
that the total landscaping plan has been completed.
c.
A Certificate of Occupancy shall not be issued by the Code Enforcement
Official until all requirements of this Ordinance have been met as
documented by a written report from the Planning Board Engineer, Zoning
Board Engineer or the City Engineer, as appropriate.
[Ord. # 12-03, § 3]
All trees, shrubbery, and plants which fail to survive for a
period of twenty-four (24) months or are severely damaged within the
24-month period following certification shall be replaced with City-approved
plantings by the builder at no cost or expense to the City or the
Shade Tree Committee. Said replacement shall be made within sixty
(60) days following written demand for such replacement from the City
Engineer or Zoning Official, or within such extended periods as may
be specified. If the developer refuses to do so, the City shall have
recourse to the performance bond and/or maintenance bond to remedy
their default.
[Ord. # 12-03, § 3]
a.
If conditions upon the subject property at the time of planting
will negatively affect the property or the survivability of street
trees required by this Ordinance, a payment to the Shade Tree Fund
in lieu of the trees in the amount prescribed in the City Fee Ordinance
may be requested. The determination to accept or reject the request
for an in lieu payment shall be by the approving authority considering
the proximity, size, species and health of existing trees; the location
of utilities including those underground, on the ground surface and
overhead; and environmental factors including soils and flooding.
b.
The Planning Board or Zoning Board, after favorable recommendation
by the Board Engineer or Board Planner, and after examination and
review, may waive fully or partially, provisions of this section,
in areas unsuitable for plantings or because of other exceptional
conditions, and/or may require supplementary plantings.
[Ord. # 12-03, § 3]
The provisions of this Ordinance will be enforced by the City
Engineer or Zoning Officer or their designee. Any person who wishes
to report what he or she believes to be an unauthorized removal or
replacement of trees should contact the Department of Community Service.
[Ord. # 12-03, § 3]
For any and every violation of the provisions of this ordinance,
the applicant, subdivider, developer, owner, lessee, tenant, general
agent or contractor of a building or premises where such violations
have been committed or shall exist, shall for each violation, and
for each and every day that such violation continues, be subject to
a fine of one hundred ($100.00) dollars, but not more than one thousand
two hundred fifty ($1,250.00) dollars. In addition to a monetary fine,
the Administrative Officer may request and the Municipal Court may
grant a specific performance penalty. The violator may be required
to replace the trees that were removed or destroyed.
It is determined the bamboo plant is an invasive and not native
plant and often difficult to control, and can and has caused significant
damage to properties in the City of Ocean City. The purposes of this
subsection are to preserve and protect private and public property
from the damaging spread of bamboo grasses and plants, to protect
indigenous and other plant materials from the invasive spread of bamboo,
and to maintain the general welfare of the residents of the City of
Ocean City.
a.
Prohibition. No owner, tenant or occupant of a property, or
person, corporation or other entity, shall plant, install or cause
or permit the planting or installation of plant species commonly known
as Running (monopodial) Bamboo or Clumping (sympodial) Bamboo, including
but not limited to the following plant genera: Arundinaria, Bambusa,
Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, Semiarundinaria upon any property located
within the City of Ocean City.
b.
Duty to Confine. In the event any species commonly known as
Running Bamboo or Clumping Bamboo is located upon any property within
the City of Ocean City, prior to the effective date of this prohibition,
(Ord. No. 14-32 was adopted 9-25-14) the owner and occupant of said
property shall jointly and severally be required to confine such species
to prevent the encroachment, spread, invasion or intrusion of same
onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property, and all affected
properties. Failure to properly confine such bamboo shall require
removal as set forth below. The cost of said removal shall be at the
bamboo property owner's expense. This duty to confine shall not apply
if the property owner and/or occupant can establish to the satisfaction
of the Code Enforcement Officer that the bamboo which is on his/her
property at the time of the adoption of this Ordinance originated
on another property.
c.
Removal.
1.
In the event Running Bamboo or Clumping Bamboo is present on
the effective date of this prohibition (Ord. No. 14-32 was adopted
9-25-14) and a complaint is received by the City regarding an encroachment
of any bamboo plant or root, and the Code Enforcement Officer of the
City, after observation and/or inspection, determines that there is
an encroachment or invasion on any adjoining/neighboring private or
public property or public right-of-way (hereinafter, "the affected
property"), the City shall serve notice to the bamboo property owner
in writing that the bamboo has invaded other private or public property(s)
or public right-of-way(s) and demand the removal of the bamboo from
the affected property, and demand approved confinement against future
encroachment or, in the alternative, the total removal from the bamboo
property owner's property. Notice shall be provided to the bamboo
property owner, as well as to the owner of the affected property,
by certified, return receipt requested mail and regular mail. Within
forty-five (45) days of receipt of such notice, the bamboo property
owner shall submit to the Code Enforcement Officer of the City, with
a copy to the owner of the affected property, a plan for the removal
of the bamboo from the affected property, which plan shall include
restoration of the affected property after removal of the bamboo.
Within one hundred twenty (120) days of receipt of the Code Enforcement
Officer's approval of the plan of removal and restoration, the removal
and restoration shall be completed to the satisfaction of the Code
Enforcement Officer of the City.
2.
If the bamboo property owner does not accomplish the removal of the bamboo from such other private or public property or public right-of-way in accordance herewith, the Code Enforcement Officer of the City of Ocean City shall cause a citation to be issued with a penalty up to $100.00 (Subsection 25-1700.38.22) for each day the violation continues, enforceable through the Municipal Court of the City of Ocean City. The Administrative Officer may request, and the Municipal Court may grant, a specific performance remedy. The City may also institute civil proceedings for injunctive or civil relief.
3.
Nothing herein shall be interpreted as limiting the rights of
a private property owner to seek civil relief through a Court of proper
jurisdiction, nor the institution of civil proceedings against the
property parties.
4.
When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the City of Ocean
City, at its discretion, may remove or contract for the removal of
such bamboo from the City property or public right-of-way. The cost
of such removal shall be the responsibility of the bamboo property
owner and occupant and shall be paid or assessed as a lien against
the property on which the bamboo growth originated. The cost of said
removal from the City owned property and/or public right-of-way shall
include the installation of an appropriate barrier to prevent future
bamboo invasion.
d.
Replanting Prohibited: Any Running Bamboo or Clumping Bamboo
either planted or caused to be planted or existing on the effective
date of this regulation, (Ord. No. 14-32 was adopted 9-25-14) may
not be replanted or replaced once such bamboo is or has become dead,
destroyed, uprooted, or otherwise removed.
[Ord. #14-32]
|
Appendix A
Recommended Street Trees
(Subsection 25-1700.38.2)
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
General Purpose Trees:
| |
|
Acer pseudoplatanus
|
Sycamore Maple
|
|
Alnus glutinosa
|
European Alder
|
|
Betula nigra*
|
River Birch
|
|
Broussonetia papyrifera
|
Paper Mulberry
|
|
Carpinus betulas
|
European Hornbeam
|
|
Celtis occidentalis**
|
Common Hackberry
|
|
Chamaecyparis thyoides**
|
Atlantic White cedar
|
|
Ginkgo biloba
|
Maidenhairtree (male cultivars only)
|
|
Gleditsia triacanthos
|
Honeylocust
|
|
Lagerstroemia
|
Crapemyrtle (single trunk, tree-form only)
|
|
Liquidambar styraciflua**
|
American Sweetgum
|
|
Maackia amurensis
|
Amur Maackia
|
|
Morus spp., cvs.
|
Mulberry (fruitless cultivars only)
|
|
Nyssa sylvatica**
|
Black Gum
|
|
Prunus spp., cvs
|
Cherry, Plum (ornamental cultivars only)
|
|
Pyrus calleryana cvs.
|
Callery Pear (except Bradford)
|
|
Quercus alba**
|
White Oak
|
|
Quercus coccinea**
|
Scarlet Oak
|
|
Quercus falcate**
|
Southern Red Oak
|
|
Quercus imbricaria**
|
Shingle Oak
|
|
Quercus marilandica**
|
Blackjack Oak
|
|
Quercus palustris**
|
Pin Oak
|
|
Quercus phellos**
|
Willow Oak
|
|
Quercus prinus**
|
Chestnut Oak
|
|
Quercus stellata**
|
Post Oak
|
|
Quercus velutina **
|
Black Oak
|
|
Sassafras albidum**
|
Sassafras
|
|
Sophora japonica
|
Japanese Pagodatree
|
|
Taxodium ascendens
|
Pondcypress
|
|
Taxodium distichum*
|
Common Baldcypress
|
|
Tilia tomentosa
|
Silver Linden
|
|
Ulmus parviflora
|
Lacebark Elm
|
|
Trees for Special Locations:
| |
|
Oceanfront Blocks:
| |
|
Acer pseudoplatanus
|
Sycamore Maple
|
|
Alnus glutinosa
|
European Alder
|
|
Albizia julibrissin
|
Mimosa
|
|
Betula nigra*
|
River Birch
|
|
Celtis occidentalis**
|
Common Hackberry
|
|
Chamaecyparisthyoides**
|
Atlantic Whitecedar
|
|
Cupressocyparis Leylandii
|
Leyland Cypress
|
|
Cupressus arizonica
|
Arizona Cypress
|
|
Elaeagnus angustifolia
|
Russian-olive
|
|
Hibiscus syriacus
|
Rose-of-Sharon (tree-form only)
|
|
Hydrangea paniculata
|
Panicle Hydrangea (tree-form only)
|
|
Ilex opaca**
|
American Holly (narrow-growing cultivars only)
|
|
Juniperus chinensis
|
Chinese Juniper
|
|
Juniperus virginiana**
|
Eastern Redcedar
|
|
Lagerstroemia
|
Crapemyrtle (single trunk, tree-form only)
|
|
Populus alba
|
Silver-leaved Poplar (and other smaller growing Poplar selections)
|
|
Prunus caroliniana
|
Carolina Cherrylaurel (narrow-growing cultivars only)
|
|
Pyrus calleryana cvs.
|
Callery Pear (except Bradford)
|
|
Salix caprea
|
Goat Willow (tree-form only, and other smaller-growing Willows)
|
|
Tamarix ramosissima
|
Five-stamen Tamarix
|
|
Yucca thompsoniana
|
Beaked Yucca
|
|
Drought-Tolerant Trees:
| |
|
Sycamore Maple
|
Mulberry
|
|
Paper Mulberry
|
Cherry
|
|
Common Hackberry
|
Plum
|
|
Maidenhairtree
|
Callery Pear
|
|
Honeylocust
|
Oaks
|
|
Crapemyrtle
|
Japanese Pagodatree
|
|
Amur Maackia
|
Lacebark Elm
|
|
Wet-Tolerant Trees:
| |
|
Sycamore Maple
|
Black Gum
|
|
European Alder
|
Willow Oak
|
|
River Birch
|
Pondcypress
|
|
Atlantic Whitecedar
|
Common Baldcypress
|
|
American Sweetgum
| |
|
Salt-Tolerant Trees:
| |
|
Sycamore Maple
|
Black Gum
|
|
Paper Mulberry
|
Cherry
|
|
Atlantic Whitecedar
|
Plum
|
|
Common Hackberry
|
Callery Pear
|
|
Maidenhairtree
|
Blackjack Oak
|
|
Honeylocust
|
Post Oak
|
|
Crapemyrtle
|
Sassafras
|
|
Mulberry
|
Lacebark Elm
|
Topsoil shall not be removed from the site during construction,
but shall be stored, stabilized in accordance with the Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation,
as amended and subsequently redistributed to areas most exposed to
view by occupants and the public; and to areas where landscaped open
space is required.
Topsoil moved during the course of construction shall be redistributed
to provide at least six inches (6") of cover to all areas of the subdivision
and shall be stabilized by seeding or planting. Said seeding and planting
must have attained a growth sufficient to stabilize the soil before
this section will be considered as being complied with.
No topsoil shall be removed from the site or used as spoil unless
topsoil is remaining after all improvements have been installed in
accordance with an approved site plan or subdivision map and has been
redistributed in accordance with this subsection.
a.
Removal from the site is also bound by provisions of § 25-1500.10 of this Ordinance.
b.
Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of § 25-1500.1.
c.
At least forty-eight (48) hours prior to removing any excess
topsoil, the developer shall cause notice of the intent to perform
such removal to be given to the City Engineer and Construction Official.
If sufficient topsoil is not available on the site, topsoil
meeting the requirements of the Standard Specifications shall be provided
to result in a six inch (6") minimum thickness.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the City Council, may pay to the City Treasurer a nonrefundable
sum, in cash or certified check, in the amount set by the City Engineer
equal to the cost of all necessary traffic control devices not installed
by the developer.
Traffic control devices shall include, but are not limited to,
signs, traffic lines, lights, reflectors, and channelizing markers.
a.
The number, type, legend, placement and size of all traffic
control devices shall be in accordance with the Manual on Uniform
Traffic Control Devices by the United States Department of Transportation
and the requirements of municipal, County, and State regulations.
b.
Proposed devices shall be according to an approved plan submitted
at the time of final plat approval.
Construction details of all proposed traffic control devices
shall be in accordance with standards prepared by the City Engineer
and approved by the City Council.
All utility lines and necessary appurtenances including, but
not limited to, electric transmission and electric and gas distribution,
communications, street lighting and cable television, shall be installed
underground within easements or dedicated public rights-of-way in
accordance with Figure 11 "Typical Utility Layout" and "Typical Road
Section"[1] or in such other configuration as set forth by the approving
body, City Engineer, and utility companies where necessary and appropriately
coordinated.
a.
The installation of all underground utilities shall conform
to the regulations of the New Jersey State Board of Public Utilities.
b.
Installation of all utilities shall conform to the construction
standards of the appropriate utility.
[1]
Editor's Note: Figure 11, referred to herein, may be found
on file in the office of the City Clerk as part of Ordinance No. 88-27.
Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in § 25-1700.13 of this Ordinance.
a.
All utility installation shall be connected with a public utility
system and shall be adequate for all present and probable future development
of the subdivision.
b.
Wherever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than fifteen feet (15') in
width shall be provided and located in consultation with the utility
companies and/or City departments concerned.
For all major subdivisions, the developer shall arrange with
the serving utility for the underground installation of the utility's
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff as the same are then on file with the State
of New Jersey Board of Public Utilities and shall submit to the municipal
agency prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance with
the provisions of this section; provided, however, that lots in such
subdivisions which abut existing streets or public rights-of-way where
overhead utility distribution supply lines have theretofore been installed
on a portion of the streets involved, may be supplied with service
from such overhead lines, or extensions thereof but the service connections
from the overhead lines shall be installed underground.
In any event, new building service connections for all multi-family
developments, and for any industrial, commercial, or office development
containing a floor area of ten thousand (10,000) square feet or more,
shall be installed underground. All other new service connections
shall also be installed underground unless specific waiver is granted
by the Planning Board.
Where a State permit is required for utilities, the applicant
shall submit said permit prior to any final approval or issuance of
a Building Permit as determined by the Planning Board.
The design and construction approval of all public and individual
water supply systems (or extensions of existing systems) shall be
under the jurisdiction of the New Jersey Water Company - Shore District
Water Service.
a.
Satellite Television Antennas shall mean an apparatus capable of
receiving communications from a transmitter or a transmitter relay
located in a planetary orbit.
b.
The use of satellite television antennas (hereinafter called STA)
is permitted in all zones as an accessory use under and subject to
the following regulations:
1.
No more than one (1) STA is permitted on any residential lot.
2.
No STA shall be located in a front yard.
3.
STA installation shall be designed to withstand winds of one
hundred (100) m.p.h. Prior to the installation of any STA, a certification
that the proposed STA can withstand winds of one hundred (100) m.p.h.
shall be submitted to the City of Ocean City by a Professional Engineer
licensed by the State of New Jersey.
4.
The maximum diameter of the STA shall not exceed ten feet (10').
5.
Any STA shall be installed in such a manner as to minimize the
visibility from the public street by locating the STA in the rear
of the lot, and by appropriate screening.
6.
No portion of an STA shall exceed the maximum building height
restriction for the zone in which it is located; nor shall any portion
of an STA encroach into the established side yard or rear yard setbacks
for the zone in which it is located.
7.
A Building Permit shall be obtained from the Construction Official
of the City of Ocean City for installation of any STA.
a.
Purpose. The purpose of this section is to require new buildings
to use solar energy, within the limits of practicability and feasibility
pursuant to N.J.S.A. 40:55D-65c, through the solar orientation of
these buildings, and to protect the solar access of neighboring buildings
in order.
1.
To serve the best interest of the nation and Ocean City through
the implementation of N.J.S.A. 40:55D-2(n) by providing for the maximum
utilization of renewable energy resources, thus reducing the dependency
on foreign sources of energy.
2.
To postpone the need to increase the regional infrastructure
of energy utilities such as oil, gas and electricity.
b.
Modifications to Yard Requirements. In order to encourage and permit
the use of solar energy for either passive or active solar systems,
the minimum front, side and rear yard requirements may be modified
to allow building alignments for best solar orientation, provided
that such modifications meet the following criteria:
1.
The modification is necessary to provide solar access;
2.
The yard modifications shall not impair adequate access for
fire protection;
3.
The yard modifications do not decrease the amount of total usable
yard area;
4.
The minimum lot area requirements are met;
5.
The developer submits a shadow plan showing that similar access
of neighboring buildings is maintained as calculated for the period
between 9:00 a.m. and 3:00 p.m. solar time on December 21st of each
year (see Shading Requirements).
c.
Solar Yard Modifications. Where buildings are aligned to achieve
proper solar orientation, and the buildings are designed for solar
collectors or positive solar heating, the narrowest point of any side,
front or rear yard shall not be less than sixty-five percent (65%)
of the minimum yard requirements in this Ordinance.
d.
Front and Rear Yard Averaging. Where buildings are aligned to achieve
proper solar orientation, the minimum front and rear yard requirements
may be met by averaging the front and the rear yard width from one
end of the building to the other end of the building, provided that
no solar yard modifications are also employed in this modification.
e.
Shading. No building over two and one-half (2 1/2) stories shall
be erected which casts a shadow on any adjacent residential property
or on any hotel, motel or rooming house property which shadow is greater
than that cast by a residential structure two and one-half (2 1/2)
stories in height. For this purpose, no portion of any building over
two and one-half (2-1/2) stories may be higher than the following
criteria allow:
1.
The height of a building shall not penetrate an imaginary line
formed by an angle of forty-one degrees (41º) from the horizontal,
struck in a due east or west direction from any point twenty-three
feet (23') above the property line; and further, said building height
shall not penetrate an imaginary line formed by an angle of fifty
degrees (50º) from the horizontal, struck in a due southerly
direction from any point twenty-three feet (23') above the property
line.
This requirement shall apply to all properties which are adjacent
to any residential, hotel, motel, rooming house or vacant property.
2.
For purposes of calculating said imaginary line, whenever a
lot fronts on an approved public street and/or alley, said angles
may be calculated from the centerline of the street and/or alley upon
which the lot has frontage.
[Ord. #88-45, § 1; Ord. #08-12, § 7]
a.
When stones are used in lieu of grass for landscaping purposes,
they present a potential hazard to the general public if located on
the sidewalk, driveways, or walkways.
b.
Ordinance 88-27 entitled, "The Zoning and Land Development Ordinance of the City of Ocean City," § 25-1700.45 regulates the location and placement of landscaping stones for those projects requiring site plan approval and any other permits and/or approvals required from the City as appropriate.
c.
It is determined to be in the best interests of the City of
Ocean City to extend these requirements to all development within
the City of Ocean City regardless of whether site plan approval is
necessary with the Ocean City Planning Board.
d.
The purpose of this Ordinance is to protect the public health,
safety and general welfare by providing a safer sidewalk and walkway
to the general public, and eliminating the risk of injury due to the
placement and location of landscaping stones.
[Ord. #88-45, § 2; Ord. #08-12, § 7]
As used in this section:
Shall mean the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any building or
structure.
[Ord. #88-45, § 3; Ord. #89-8, § 8; Ord.
#08-12, § 7; Ord. #09-28, § 8; amended 6-11-2020 by Ord. No. 20-08]
a.
Subsequent to the effective date of this Ordinance landscaping
stones on all development, as defined herein, shall be regulated as
follows:
1.
Landscaping stone is not permitted in the area between the sidewalk
and curb.
2.
Landscaping stone may be used in rear yard areas between the parking strips only, not adjacent to a public street, subject to the provisions contained in Subsection 25-1700.45.3 of this Ordinance.
3.
Landscaping stones are not permitted in the front yard or side
yard.
4.
Landscaping stones located in the rear yard shall be contained
by permanent edging and placed over filter fabric. Plastic or other
impermeable material as a weed barrier is prohibited.
5.
Landscaping stone size shall be between one inch and three inches
in diameter.
[Ord. #88-45, § 4; Ord. #08-12, § 7]
Any person who violates the provisions of this Ordinance shall
be subject to a fine not to exceed five hundred dollars ($500.00)
and/or imprisonment not to exceed ninety (90) days. Each day may be
considered a separate violation of this Ordinance.
|
DIAGRAM "A"
|
 |
