Editor's Note: This Chapter 22 was adopted in entirety by Ordinance No. 6/14/90. Additional amendments are noted where applicable.
Attachment 1 -Schedule of Sign Regulations
Attachment 2 - Documents Required to Be SubmittedAttachment 3 - Environmental Impact ReportAttachment 4 - Schedule 5-1 Schedule of Zoning District RegulationsAttachment 5 - Schedule 5-2 Schedule of Maximum Permitted Building HeightAttachment 6 - Schedule 5-3A Permitted Maximum Floor Area RatioAttachment 7 - Schedule 5-3B Permitted Maximum Floor Area RatioAttachment 8 - Schedule 5-4 Maximum Permitted Lot and Building Coverage Residential ZonesAttachment 9 - Schedule 5-5 Maximum Permitted Lot and Building Coverage Nonresidential ZonesAttachment 10 - Schedule 7-1 Residential Recreation Facilities Setback RequiredAttachment 11 - Schedule 7-2 Maximum Height Restrictions Hedgerows, Fences, Walls and Retaining WallsAttachment 12 - Zoning MapAttachment 13 - Schedule 5-4 AHO Maximum Permitted Lot and Building Coverage in Affordable Housing Overlay DistrictsAttachment 14 - Schedule 5-5 AHO Maximum Permitted Lot and Building Coverage in Affordable Housing Overlay Districts
Attachment 2 - Documents Required to Be SubmittedAttachment 3 - Environmental Impact ReportAttachment 4 - Schedule 5-1 Schedule of Zoning District RegulationsAttachment 5 - Schedule 5-2 Schedule of Maximum Permitted Building HeightAttachment 6 - Schedule 5-3A Permitted Maximum Floor Area RatioAttachment 7 - Schedule 5-3B Permitted Maximum Floor Area RatioAttachment 8 - Schedule 5-4 Maximum Permitted Lot and Building Coverage Residential ZonesAttachment 9 - Schedule 5-5 Maximum Permitted Lot and Building Coverage Nonresidential ZonesAttachment 10 - Schedule 7-1 Residential Recreation Facilities Setback RequiredAttachment 11 - Schedule 7-2 Maximum Height Restrictions Hedgerows, Fences, Walls and Retaining WallsAttachment 12 - Zoning MapAttachment 13 - Schedule 5-4 AHO Maximum Permitted Lot and Building Coverage in Affordable Housing Overlay DistrictsAttachment 14 - Schedule 5-5 AHO Maximum Permitted Lot and Building Coverage in Affordable Housing Overlay DistrictsThis chapter shall be known and may be cited as: The Development
Regulations of the Borough of Rumson.
The purpose of this chapter is to exercise the authority delegated
to municipalities under N.J.S.A. 40:55D-1 et seq. to regulate development
and to promote good planning practice. The chapter intent is:
a.
To guide the appropriate use or development of all lands in the Borough,
in a manner which will promote the public health, safety, morals,
and general welfare;
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of the Borough does not conflict with
the development and general welfare of neighboring municipalities,
the County and the State as a whole;
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial uses and open space, both
public and private, according to their respective environmental requirements
in order to meet the needs of all New Jersey citizens;
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
j.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources and to prevent
urban sprawl and degradation of the environment through improper use
of land;
k.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
l.
To promote utilization of renewable energy sources; and
m.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meaning herein indicated.
Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the
Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the
Uniform Construction Code, and used in this section, such term is
intended to include and have the meaning set forth in the definition
of such term found in said Statute and Code in addition to the definition
for such term which may be included in this section, unless the context
clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
Words used in the present tense include the future; the singular
number includes the plural and the plural, the singular; the word
"lot" includes the word "structure, " the word "zone" includes the
word "district," the word "occupied" includes the word "designed"
and the phrase "intended to be occupied," the word "shall" is mandatory
and not directory; the word "may" indicates a permissive action; the
word "abut" shall include the words "directly across from", "adjacent"
and "next to," and the word "used" shall include "arranged," "designed",
"constructed", "altered," "converted," "rented," "leased" or "intended
to be used," the term "such as,", where used herein, shall be considered
as introducing typical or illustrative, rather than an entirely exclusive
or inclusive, designation of, permitted or prohibited uses, activities,
establishments or structures.
Words or word groups which are not defined below shall have
the meaning set forth in the Municipal Land Use Law or the Uniform
Construction Code or as given in Webster's Unabridged Dictionary.
[Ord. 7/11/91, § 1; Ord. 10/16/97, § I; Ord. 12/18/97, § I; Ord.
11/15/01, § I; Ord. 12/5/02, § 1; Ord. 3/18/04, § 1; Ord. 5/6/04, § 1; Ord. 5/19/05, § 1; Ord. 10/6/04, § 1; Ord.
No. 07-007D, § 1; Ord.
No. 08-001D, § 1; Ord.
No. 08-011D, § 1; Ord.
No. 08-015D, § 1; Ord.
No. 09-014D, § 1; Ord.
No. 12-007D; Ord. No. 12-013D; Ord. No. 14-011D § 1; Ord. No. 17-009D; Ord.
No. 18-005D § 1: Ord.
No. 18-006D § 1; 12-15-2020 by Ord. No. 20-016D; 7-13-2021 by Ord. No. 21-006D; 7-13-2021 by Ord. No. 21-009D; amended 9-10-2024 by Ord. No. 24-009D]
Certain words, phrases, and terms in this chapter are defined
for the purpose herein as follows:
Shall mean a subordinate building, structure or use, the
purpose of which is incidental to that of a main building, structure
or use on the same lot.
Shall mean a self-contained residential dwelling unit with
a kitchen, sanitary facilities, sleeping quarters and a private entrance.
An accessory unit may be created within an existing or new single-family
residential dwelling, may be created within an existing or new accessory
building on a lot containing a single-family dwelling, or be an addition
to an existing single-family dwelling or accessory building.
Shall mean the Zoning Officer of the municipality, unless
a different municipal official or officials are designated by ordinances
or statute.
Shall mean the average number of cars per day that pass over
a given point.
Shall mean an establishment devoted to sale, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects; etc., used
in connection with the aforementioned purposes.
Shall mean soils which may be corrosive to cast iron and
ductile iron pipe. These soils represent approximately 5% of the soils
found within the United States and include dump areas, swamps, marshes,
alkaline soils, cinder beds, polluted river bottoms, etc., which are
considered to be potentially corrosive.
Shall mean the travelled way by which cars enter and depart
parking spaces.
Shall mean a public or private street primarily designed
to serve as secondary access to the side or rear of those properties
whose principal frontage is on some other street.
Shall mean a change or rearrangement in the structural supports;
or a change in the exterior appearance; or a change in height, width
or depth; or moving a building or structure from one location or position
to another; or changing, adding to or removing from or otherwise affecting
the exterior appearance of a building or structure.
Shall mean man-made trees, clock towers, bell steeples, light
poles, flag poles and similar alternative-design mounting structures
that camouflage or conceal the presence of antennas or towers.
Shall mean any place of business containing more than three
amusement devices.
Shall mean any machine, contrivance, or device, which, upon
the insertion of a coin, slug, token, plate, disc, ticket, card, key
or other such device into a slot, crevice, or other openings, or by
the payment of any price, is operated or may be operated by the public
generally for use as a game, entertainment, or amusement, whether
or not registering a score, and shall include but not be limited to
such electronically operated game devices, skillball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Shall mean dwelling unit in a multi-family building.
Shall mean a developer submitting an application for development
or for a permit required in accordance with this chapter.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
Shall mean the Municipal Planning Board and/or Municipal
Zoning Board of Adjustment unless a different agency is designated
by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1
et seq.
Shall mean a building or portion thereof, in which sculpture,
paintings, or other artistic work is displayed but not for sale.
Shall mean the American Society of Civil Engineers.
Shall mean the American Society for Testing Materials.
Shall mean an attic which has an approved stairway as a means
of access and egress and in which the ceiling area is at a maximum
height of six and one-half (6.5') feet above the attic floor. The
storage space may be insulated and sheetrocked, but cannot be conditioned
space. The finished storage attic must be outside of the primary thermal
envelope.
Shall mean an attic which has an approved stairway as a means
of access and egress and in which the ceiling area is at a minimum
height of seven feet above the attic floor, complies with the minimum
area of a habitable room, and is not more than 1/3 the area of the
next floor below, which is in accordance with the Adopted Model Code
for The State of New Jersey. Habitable attics shall be considered
a half story and all finished attic space with a ceiling height of
seven feet or greater shall be counted in total floor area.
Shall mean an attic which may have a stairway or other means
of access and egress and has unfinished space between the ceiling
assembly and roof assembly, which is in accordance with the Adopted
Model Code for The State of New Jersey. The unfinished attic shall
be outside the primary thermal envelope.
Shall mean any premises on which are held at periodic times,
auction sales of merchandise or any other personal property.
Shall mean the same as "motor vehicle repair garage."
Shall mean a place of business where the primary purpose
is the sale of new motor vehicles, having a building with either showrooms,
office space, repair and/or maintenance facilities with or without
outside sales on the same business premises or immediately adjacent
thereto.
Shall mean the same as "motor vehicle service station."
Shall mean the same as "motor vehicle repair garage."
Shall mean the American Water Works Association.
Shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices, and/or
long distance providers, or the public switched telephone network.
Shall mean a platform that may or may not project on a building,
sometimes supported from below, sometimes cantilevered; enclosed with
a railing, balustrade or wall.
Shall mean a steep-faced curb intended to prevent encroachments.
Shall mean an area wholly or partly underground, finished
or unfinished. A basement shall have more than 1/2 of its clear height
above the average level of the finished grade shown on approved subdivision
or site plan; a cellar shall have more than 1/2 it height below grade.
A basement shall be calculated as a half (1/2) story but a cellar
shall not, except that a basement or cellar with a height greater
than ten (10') feet between the floor slab and the bottom of the joist
shall be calculated as a half (1/2) story.
Shall mean a room or portion of a structure with the principal
function of serving as sleeping quarters.
Shall mean a type of paving stone generally cut in a truncated,
pyramidal shape, laid with the base of the pyramid down.
Shall mean a mound of soil, either natural or man-made used
as a view obstruction.
Shall mean a road designed to accommodate the shared use
of the roadway by bicycles and motor vehicles.
Shall mean a lane at the edge of a roadway reserved and marked
for the exclusive use of bicycles.
Shall mean a pathway usually separated from the roadway,
designed specifically to satisfy the physical requirements of bicycling.
Shall mean a pathway designed to be used by bikers.
Shall mean a structure utilized for advertising an establishment,
an activity, a product, a service or entertainment, which is sold,
produced, manufactured, available or furnished at a place other than
on the property on which the said sign is located.
Shall mean the length of a street between two street intersections.
Shall mean an outlet in a pipe through which water or sediment
can be discharged.
See Zoning Board of Adjustment.
See Zoning Board of Adjustment Engineer.
Shall mean any dwelling for hire in which more than two persons
are housed or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy is required for any dwelling for hire.
Shall mean any boat, jet ski, wave runner, and other watercraft.
Shall mean an enclosed or partially enclosed accessory structure
designed for the storage and/or maintenance of private watercraft.
If multiple accessory uses are associated with the structure, the
more stringent requirements govern (e.g., cabana, pool house).
Shall mean any waterfront facility where docking accommodation
and/or land-dry-storage accommodations for any watercraft, such as
power boats, sailboats or row boats, are offered on a rental basis
and where facilities for the building, rebuilding and general repair
of boats and marine equipment are provided. A boatyard shall be deemed
to include all auxiliary and accessory services as chandlery, gasoline
sales and rental business activities related to the primary use.
Shall mean 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 the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
Shall mean that central portion of any lot between required
yards and/or setback lines.
Shall mean a structure enclosed with roof, exterior walls
or fire walls, built, erected and framed of component structural parts,
designed for the housing, shelter, enclosure and support of individuals,
animals or property of any kind.
Shall mean the areas of a tract covered by principal and
accessory buildings determined from the projection on a horizontal
plane of the limits of the roof, exclusive of unroofed porches, terraces,
stoops or steps having vertical faces, which at all points are less
than three (3') feet above the ground. A pergola, awning, or similar
structure having more than a minimal area and which has the effect
of a roof structure shall be considered a roof for the purpose of
calculating building area.
Shall mean the area of a tract covered by buildings and roofed
areas. For development sites consisting of more than one lot, maximum
building coverage limits shall apply to the entire tract or site as
a single parcel or lot.
Shall mean the vertical dimension measured to the highest point of a building (subject to the exceptions in subsection 22-7.12) from the lowest original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the Planning Board or Zoning Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this chapter.
Shall mean a permit used for the alteration or erection of
a building or structure in accordance with the provisions of the Uniform
Construction Code.
Shall mean a structure in which is conducted the principal
use of the site on which it is situated. In any district, any dwelling
shall be deemed to be a principal building on the lot on which it
is located.
Shall mean a structure separating land and water areas, primarily
designed to resist earth pressures.
Shall mean the stockpiling or warehousing of materials, which
may or may not be enclosed within a structure, including, but not
limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
Shall mean a business establishment which does not offer
a product or merchandise for sale to the public, but offers or provides
a service, primarily administrative or clerical in nature. Business
offices are all those offices which are not professional or medical
offices and includes but is not limited to the following:
Insurance companies;
Trade associations;
Real estate companies;
Investment brokerage houses;
Banks and trust companies;
Advertising or public relations agencies;
Computer and data processing;
Management and consulting services;
Adjustment and collecting services;
Consumer credit reporting agencies.
Shall mean an accessory structure enclosed on no more than
three sides (with or without windows or screens) with the main open
side facing a pool or rear yard. A cabana has a solid roof and may
have electricity and/or provisions for an external heat source (e.g.,
wood or gas burning fireplace).
Shall mean the diameter of a tree trunk measured in inches,
six (6") inches above ground level for trees up to four (4") inches
in diameter and measured twelve (12") inches above ground level for
trees over four (4") inches in diameter.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. “Cannabis” does not include: medical cannabis
dispensed to registered qualifying patients pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.);
marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense
set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey
Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana
as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and
applied to any offense set forth in the New Jersey Controlled Dangerous
Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp
or a hemp product cultivated, handled, processed, transported, or
sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238
(N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a proposed schedule of all future projects listed
in order of construction priority together with cost estimates and
the anticipated means of financing each project.
Shall mean a completed water supply and/or sewerage system
put in place for future use (contingent upon expansion), rather than
to meet immediate development needs.
Shall mean a covering or roof to allow the parking of automobiles
underneath. With the exception of supports, the carport shall have
no sides unless such sides are the exterior wall of an adjacent building.
Shall mean the actual road surface area from curbline to
curbline, which may include travel lanes, parking lanes, and deceleration
and acceleration lanes. Where there are no curbs, the cartway is that
portion between the edges of the paved, or hard surface, width.
Shall mean a facility for the washing and cleaning of automobiles
and other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
See Basement.
See Wireless communications tower.
Shall mean the gap between the center line of roads adjoining
a common road from opposite or same sides.
Shall mean a certificate issued by the Administrative Officer
or Approving Authority, as appropriate, after all required submissions
have been made in proper form, certifying that an application for
development is complete.
Shall mean a document issued by the Zoning Officer for a
nonconforming use or structure existing at the time of passage of
the zoning ordinance or any amendment thereto which pursuant to N.J.S.A.
40:55-48, may be continued upon the lot or in the building so occupied.
Such certificate may be obtained at the owner's request upon any change
of ownership for nonconforming use, structure or lot.
Shall mean a certificate issued upon completion of construction
and/or alteration of any building; or change in use of any building;
or change in occupancy of a nonresidential building. Said certificate
shall acknowledge compliance with all requirements of this chapter,
such adjustments thereto granted by the Approving Authority and/or
all other applicable requirements.
Shall mean:
Any increase in the number of dwelling units in a structure
which would result in additional units;
Any change from a residential use to any nonresidential use;
Any change from one nonresidential use to another nonresidential
use (excluding changes in tenancy, occupancy or ownership where the
use is the same).
Shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
Shall mean the straightening and deepening of channels and/or
the surfacing thereof to permit water to move rapidly and/or directly.
See Place of worship.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highway, railways, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
transshipment points.
Shall mean a building to house a club or social organization
not conducted for profit and which is not an adjunct to or operated
by or in connection with a public tavern, cafe or other public place.
Shall mean the New Jersey Council on Affordable Housing.
Shall mean a permit issued for specific development within
the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et
seq. and in accordance with rules and regulations promulgated thereunder.
Shall mean the coastal wetlands designated by the New Jersey
Wetlands Act of 1970.
Shall mean a roadway which channels traffic from local streets
into the arterial road system.
Shall mean, with respect to wireless telecommunications providers
of cellular communication and personal communication services, the
joint use by two or more providers of the same site and/or tower for
their wireless communications facilities and antennas.
Shall mean the same as Parking area, public, also see Garage,
public and Vertical parking garage.
Shall mean a line within a tract or lot which designates
the extent of a proposed development or improvements, separate developments
within a single tract, or separate stages of development within the
tract. Proposed improvements within a tract or site plan shall be
shown for the entire tract, on both sides of any common development
line.
Shall mean a lateral serving more than one unit.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean, for the purposes of this chapter, the same as
Dwelling, single-family.
Shall mean an application for development which complies
in all respects with the appropriate submission requirements set forth
in this chapter, including an application form completed as specified
by this chapter and the rules and regulations of the Approving Authority,
and all accompanying documents required by ordinance for approval
of the application for development, including where applicable, but
not limited to, a site plan or subdivision plat; provided that the
Approving Authority may require such additional information not specified
in this chapter, or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Approving Authority. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in this chapter and in the rules and regulations of the
Approving Authority, and shall be deemed complete as of the day it
is so certified by the Administrative Officer for purposes of the
commencement of the time period for action by the Approving Authority.
Shall mean a preliminary presentation and attendant documentation
of a proposed subdivision or site plan of sufficient accuracy to be
used for the purpose of discussion and classification.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter, and upon the issuance of an
authorization thereof by the Approving Authority.
Shall mean an ownership arrangement, not a land use; therefore,
it is allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this chapter.
Shall mean development other than Planned development as
defined herein.
See Lot, corner.
Shall mean a valve which is placed in a building's water
or gas service pipe near its junction with the public water or gas
main.
Shall mean a facility for golf, tennis and related recreational
uses which may include a club house, restaurant, and incidental lodging
for members or guests.
Shall mean a composite of the comprehensive plan or Master
Plan for the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
Shall mean the Planning Board of the County of Monmouth as
defined in N.J.S.A. 40:27-6.1.
Shall mean an unoccupied open space on the same lot with
a building, which is bounded on three or more sides by building walls.
Shall mean the same as Lot coverage.
Shall mean a sediment-producing highly erodible or severely
eroded area.
Shall mean a local street with only one outlet and having
the other end for the reversal of traffic movement.
Shall mean a structure designed to convey a water course
not incorporated in a closed drainage system under a road or pedestrian
walk.
Shall mean a vertical or sloping edge of a roadway. See also
Belgian block curb, Barrier curb, Mountable curb.
Shall mean the officially established grade of the curb in
front of the midpoint of the front lot line.
Shall mean supportive or protective bedding materials placed
underneath piping.
Shall mean calendar day(s).
Shall mean a licensed, organized and supervised day-time
facility used for recreational purposes.
Shall mean the State-certified facility which provides care
for children.
Shall mean the permitted number of dwelling units per gross
acre of land to be developed including streets, easements and open
space portions of a development.
Shall mean the relative size or magnitude of a major flood
of reasonable expectancy, which reflects both flood experience and
flood potential and is the basis of the delineation of the floodway,
the flood hazard area, and the water surface elevations.
Shall mean guidelines that provide a general framework for
sound planning.
Shall mean standards that set forth specific improvement
requirements.
Shall mean a man-made or natural water collector facility
designed to collect surface and subsurface water in order to impede
its flow and to release the same gradually at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension or
use of land, for which permission may be required pursuant to N.J.S.A.
40:55D-1 et seq. and this chapter.
Shall mean money paid by an individual, person, partnership,
association, company or corporation related to the improvement of
property as permitted in COAH's rules and as required by this chapter.
Shall mean a document signed by the Zoning Officer (a) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, and (b) which
acknowledges that such use, structure or building complies with the
provisions of this chapter or variance therefrom duly authorized by
a Municipal Agency.
Shall mean this chapter, official map ordinance, or other
municipal regulation of the use and development of land, or amendment
thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean experiencing a disability which originates before
18 years of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.
Shall mean any part of the territory of the Borough which
is designated as a zone on the official zoning map (on file in the
Borough Clerk's office) and to which certain uniform regulations and
requirements of this chapter apply.
Shall mean a structure projecting from a sloping roof usually
housing a window or ventilating louver, placed in a small gable.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and include control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen non-point pollution to maintain the integrity of stream
channels for their biological functions as well as for drainage and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean any component of the drainage system.
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with N.J.S.A. 58:1 et seq., State Water Policy Commission.
Shall mean the system through which water flows from the
land, including all watercourses, water bodies and wetlands.
Shall mean the same as Restaurant - drive-in.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles, and allowing access from a street to a building or other
structure or facility.
Shall mean a manhole provided for inspection and maintenance
of sewers where an incoming sewer is considerably higher than the
outgoing.
Shall mean a vertical pipe used to convey sewage from a higher
to a lower elevation.
See Capped system.
Shall mean a container or bin made of steel or plastic to
hold garbage or items to be recycled prior to disposal or pickup and
removal from property. Such containers and bins shall only be used
by and for the property on which they are stored.
A building or structure designed for and occupied by no more
than one family household and is attached to one other similar building
or structure by one party wall with each dwelling unit having its
own utility services in the same manner as a single-family detached
dwelling unit.
Shall mean any building or portion thereof designed or used
exclusively for one or more dwelling units.
Shall mean a building designed for, or containing three or
more dwelling units, which are entirely separated from each other
by vertical walls or horizontal floors, unpierced, except for access
to outside or a common cellar.
Shall mean a detached building designed for or containing
one dwelling unit. For the purposes of this chapter, "community residences,"
as defined in N.J.S.A. 40:55D-66.2, shall be considered to be single-family
dwellings.
Shall mean a detached building designed for, or containing
two dwelling units, which are entirely separated from each other by
walls, unpierced, except for access to the outside or a common basement
or cellar.
Shall mean a building or part thereof having cooking, sleeping,
and sanitary facilities designed for, or occupied by one family, and
which is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
Shall mean a right-of-way granted, but not dedicated, for
limited use of private land for a public or quasi-public purpose and
within which the owner of the property shall not erect any permanent
structures.
Shall mean the lower border of a roof that joins or overhangs
the wall.
Shall mean public, parochial or private elementary or secondary
schools, duly licensed by the State of New Jersey, attendance at which
is sufficient compliance with the compulsory education requirements
of the State. Summer day camps shall not be considered as educational
uses or accessories to such uses. Duly accredited colleges and universities
shall also be considered educational uses.
Shall mean the giving of money and/or services to a charitable
or philanthropic organization.
Shall mean the municipal Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
Shall mean features, natural resources, or land characteristics
that are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
Shall mean for the purposes of this chapter, a compilation
of studies, reports, documents and finding of fact prepared by an
applicant as part of and for a development application. An environmental
impact statement meeting the requirements of the N.J.S.A. 13:10 et
seq., Coastal Area Facility Review Act, and specifically outlined
in Section 7 of said rules and regulations promulgated in compliance
with said Act will be accepted in lieu of the E.I.R.
Shall mean the value of a property determined by the Municipal
Tax Assessor through a process designed to ensure that all property
in the municipality is assessed at the same assessment ratio or ratios
required by law. Estimates at the time of issuance of a building permit
may be obtained utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Municipal
Tax Assessor.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, and/or gravity.
Shall mean a plan which fully indicates necessary land treatment
measures, including a schedule of the timing for their installation,
which will effectively minimize soil erosion and sedimentation. Such
measures shall be equivalent to or exceed standards adopted by the
New Jersey State Soil Conservation Committee and administered by the
Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.
Shall mean a deed, bond, money or a piece of property delivered
to a third person to be delivered by him to the grantee only upon
fulfillment of a condition.
Shall mean underground gas, electrical, telephone, telegraph,
steam or water transmission or distribution systems, including mains,
drains, sewers, pipes, conduits, cables; and including normal above-ground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, and hydrants, and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities or municipal
or other government agencies or for the public health or safety or
general welfare. Essential services shall not be deemed to include
wireless telecommunications towers and antennas.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean the excavation, removal, replacement, repair,
construction, or other disturbance of any portion of the public improvements
within a public street or drainage right-of-way. These public improvements
include, but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
Shall mean that site plan and/or subdivision approval shall
not be required prior to issuance of a development permit for the
following:
Construction, additions, or alterations related to single family
or two-family detached dwellings or their accessory structures on
individual lots.
Any change in occupancy which is not a "change in use" (as herein
defined).
Individual applications for accessory mechanical or electrical
equipment, whose operation and location conforms to the design and
performance standards of this chapter, and whose installation is on
a site already occupied by an active principal use for which site
plan approval is not otherwise required.
Sign(s) which installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required
and provided such sign(s) conform to the applicable design and zoning
district regulations of this chapter.
Construction or installation of essential services.
Division of property and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of subdivision contained within this chapter.
Demolition of any structure or building not listed on the State
or National Register of Historic Places or identified as a historic
site on the master plan, provided that the demolition does not involve
changes to the site outside the limits of the structure or building
nor does it create any nonconformity.
Construction, additions, or alterations related to a residential bungalow unit in a seasonal bungalow colony located in the H-BP zone district, provided such construction, additions or alterations conform to the standards in subsection 22-5.14.
Shall mean the Federal Aviation Administration.
Shall mean one or more persons living together as a single
entity or nonprofit housekeeping unit, as distinguished from individuals
or groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
Shall mean any parcel of land, which is used for gain in
the raising of agricultural products, livestock or dairy products.
Shall mean any building used for the housing of agricultural
equipment, produce, livestock, or poultry or for the incidental or
customary processing of farm products, and provided that such building
is located on, operated in conjunction with and necessary to the operation
of a farm as defined by this chapter.
Shall mean the Federal Communications Commission.
Shall mean a structure constructed of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
serving as an enclosure, barrier, or boundary.
Shall mean a fence in which at least 1/2 of the area, between
grade level and a line connecting the highest elements of the fence,
excluding decorative post caps, is open.
Shall mean a traditional-style fence composed of semi-pointed
stakes, between one (1") inch and four (4") inches wide, connected
by two horizontal members in which at least 1/2 of the area, between
grade level and a line connecting the points of the pickets, is open.
Shall mean the official action of the Approving Authority
taken on a preliminary approved major subdivision or site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the final map of all or a portion of the site
plan or subdivision which is presented to the Approving Authority
for final approval in accordance with the provisions of this chapter,
and which if approved shall be filed with the proper County office.
Shall mean a roof having a continuous horizontal surface
with a minimal pitch and arranged to be essentially parallel to the
floor plane.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean the relatively flat area adjoining any natural
or man-made stream, pond, lake, river, or any other body of water
which is subject to a 100 year flood.
Shall mean permission of the Borough to build in accordance
with municipal floodplain regulations.
Shall mean the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than two-tenths (0.2') foot.
Shall mean a story of a building.
Shall mean the sum of the areas of the floor or floors of
all principal and accessory buildings measured between the inside
faces of exterior walls or from the center line of walls common to
two structures or uses. For residential uses, the floor area shall
be calculated exclusive of the floor area of nonhabitable attics and
cellars. 50% of the floor area of basements having a ceiling height
seven (7') feet or greater shall be included. For nonresidential uses,
the floor areas shall be calculated exclusive of the floor area of
nonhabitable attics, and basements or cellars having a ceiling height
of less than seven (7') feet. For the purpose of determining required
parking, areas used for parking will not be considered floor area.
See Floor area.
Shall mean the sum of the floor area of buildings or structures
compared to the total area of the site. The maximum floor area ratio
permitted is determined by Schedule 5-3A or Schedule 5-3B[1] of the Development Regulations. For development sites
consisting of more than one lot, maximum floor area ratio limits shall
apply to the entire tract or site as a single parcel or lot.
FLUSHING
Shall mean the cleaning out of debris and sediment from pipes
by force of moving liquid, usually water.
Shall mean a funeral home or mortuary operated by a licensed
mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home
or mortuary shall not be considered a "professional office."
Shall mean a double sloping roof that forms a gable at each
end.
Shall mean a double-sided roof having two pitches on each
side, where the roof slope is broken by an obtuse angle, so that the
lower slope is steeper than the upper slope.
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of the occupants of the main building to which the garage is accessory.
Shall mean an enclosed building used as an accessory to the
main building which provides for the storage of motor vehicles and
in which no occupation, business, or service for profit is carried
on.
Shall mean a building or part thereof, other than a private
garage, used for the storage, care or repair of motor vehicles for
profit, including any sale of motor vehicle accessories, or where
any such vehicles are kept for hire. The rental of storage space for
more than two motor vehicles not owned by occupants of the premises
shall be deemed a public garage.
Shall mean the same as Motor vehicle service station.
Shall mean an open air accessory structure with a solid roof.
Removable sun shade or insect screening is permitted. A gazebo may
have electricity and/or provisions for an external heat source (e.g.,
wood or gas burning fireplace).
Shall mean any substance which results from the directed
alteration of genetic material through intervention in genetic processing
including techniques whereby recombinant DNA is produced and made
to function as an organism.
Shall mean an area of 50 or more contiguous acres containing
a full size professional golf course, at least nine holes in length,
together with the necessary and usual accessory uses and structures
such as, but not limited to: club house facilities, dining and refreshment
facilities; swimming pools, tennis courts, and the like, provided
that the operation of such facilities is incidental and subordinated
to the operation of a golf course.
Shall mean the Borough Council of Rumson.
Shall mean the existing undisturbed elevation of land, ground,
and topography pre-existing or existing on a lot, parcel or tract
of land at the time of the adoption of this chapter.
Shall mean the completed surface of lawns, walks and roads
brought to grade(s) as shown on official plans or designs relating
thereto or as existing if no plans or designs have been approved.
Shall mean all words, letters, numbers, symbols, colors,
shapes, etc., which appear on the sign face and are intended to convey
a visual message. Total graphic content coverage of a sign shall be
measured by computing the area of the smallest geometric figure which
can encompass all words, letters, figures which can encompass all
words, letters, figures, logos and other elements of the sign message.
Shall mean low-growing plants or sod that in time form a
dense mat covering the area in which they are planted preventing soil
from being blown or washed away and the growth of unwanted plants.
Shall mean any sign supported by either uprights affixed
to the ground or supported by a base affixed to the ground.
Shall mean a shallow channel usually set along a curb or
the pavement edge of a road for purposes of catching and carrying
off runoff water.
Shall mean any room within a building used for the purpose
of sleeping, eating, preparation of food, offices, selling of merchandise,
public gatherings, or assembly lobbies. All habitable rooms within
a dwelling unit shall have natural light, ventilation, and heat. Garages,
bathrooms, closets, storage areas, hallways, stairs are not considered
to be habitable rooms.
Shall mean including, but not limited to, inorganic mineral
acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus,
selenium and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallorganic derivatives; coal tar acids,
such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
Shall mean the facility or institution, whether public or
private, engaged principally in providing services for health maintenance
organizations, diagnosis, or treatment of human disease, pain, injury,
deformity, or physical condition, including, but not limited to, a
general hospital, special hospital, mental hospital, public health
center, diagnostic center, treatment center, rehabilitation center,
extended care facility, skilled nursing home, nursing home, intermediate
bioanalytical laboratory (except as specifically excluded hereunder),
or central services facility serving one or more such institutions
but excluding institutions that provide healing solely by prayer and
excluding such bioanalytical laboratories as are independently owned
and operated, and are not owned, operated, managed, or controlled,
in whole or in part, directly or indirectly, by any one or more health
care facilities, and the predominant source of business of which is
not by contract with health care facilities within the State of New
Jersey and which solicit or accept specimens and operate predominantly
in interstate commerce.
Shall mean, when referring to a wireless telecommunications
tower or other structure, the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna. (See also definition of Building height.)
Shall mean for the purposes of this chapter a line showing
the upper inland wetlands boundary (a biological "high water line")
on a series of maps prepared by the State of New Jersey Department
of Environmental Protection for in accordance with the provisions
of "The Wetlands Act," N.J.S.A. 13:9A-1 et seq., said line being established
from photographs and each of these maps being on file in the Office
of the County Clerk, Monmouth County, New Jersey.
Shall mean a roof which rises by inclining planes from all
four sides of a building necessitating a hip rafter at the intersection
of the planes to form a pyramidal or elongated pyramidal shape.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
has been formally designated in the master plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Shall mean any use customarily conducted for profit entirely
within a dwelling and carried on by the inhabitants thereof, which
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, and does not change the character thereof,
provided that no article is sold or offered for sale except such as
may be produced by members of the immediate family residing in the
dwelling; and provided, further, that no machinery or equipment used
which will cause electrical or other interference with radio and television
reception in adjacent residences, or cause offensive noise or vibration.
Such activities as clinics, hospitals, barber shops, beauty parlors,
tea rooms, tourist homes, animal hospitals, nursery schools, and music
or dancing schools other than for individual instruction shall not
be deemed home occupations under the terms of this chapter.
Shall mean a building or series of buildings, primarily for
treatment of patients to be housed on the premises, and providing
health, medical and surgical care for sick or injured human beings,
including as an integral part of the building, such related facilities
as laboratories, out-patient departments, clinics, training facilities,
central service facilities and staff offices. The definition "hospital"
shall not include nursing homes, medical care centers and the like.
Shall mean the person or persons occupying a dwelling unit.
Shall mean the properties, distribution, and circulation
of water.
Shall mean Illuminating Engineering Society.
Shall mean a surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
of water.
Shall mean a body of water, such as a pond, confined by a
dam, dike, floodgate or other barrier.
Shall mean an area for the temporary location of motor vehicles
which has been modified from its natural condition by excavation,
fill or structures.
Shall mean a street curbed and paved in accordance with the
standards set forth in this chapter for new streets or, alternately,
a street which has been improved to the standards specified by the
Borough Engineer.
Shall mean any man-made, immovable item which becomes part
of, placed upon, or is affixed to, real estate.
Shall mean a septic tank, seepage tile sewage disposal system,
or any other approved sewage treatment device serving a single unit.
Shall mean: (a) in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and (b) in the case of a civil
proceeding in any court or in an administrative proceeding before
a Municipal Agency, any person, whether residing within or without
the municipality, whose rights to use, acquire, or enjoy property
is or may be affected by any action taken under N.J.SA. 40:55D-1 et
seq. or under any other law of this State or of the United States
have been denied, violated or infringed by an action or failure to
act under N.J.S.A. 40:55D-1 et seq. or this chapter.
See Lot, interior.
Shall mean a street or road that is developed wholly within
a parcel under one ownership and meeting all municipal standards.
Shall mean a street used for internal vehicular circulation
within a tract or development. Major internal streets are those internal
streets which have an entrance and/or exit on the access street or
right-of-way frontage of the tract. Internal streets may be private
and not dedicated or deeded to the public, subject to approval by
the Approving Authority and by the Municipal Engineer.
Shall mean in street design, a raised area usually curbed,
placed on guide traffic, separate lanes, or used for landscaping,
signing, or lighting.
Shall mean Institute of Transportation Engineers.
Shall mean a projection of stone, brick, wood or other material,
but generally formed of piles, serving as a protection against the
encroachment or assault of the waves and currents.
Shall mean a judgment issued by the Superior Court approving
a municipality's plan to satisfy its fair share obligation.
Shall mean the use of any area and/or structure keeping or
abandonment of junk, including scrap metal, glass, paper, cordage,
or other scrap material, or for the dismantling, demolition or abandonment
of structures, automobiles or other vehicles, equipment and machinery,
or parts thereof, provided, however, that this definition shall not
be deemed to include any of the foregoing uses which are accessory
and incidental to any agricultural use permitted in any zone. The
term "junk yard" as herein defined includes automobile salvage or
wrecking yards.
Shall mean an area used or designed to be used for the preparation
of food.
Shall mean natural or man-made bodies of water which normally
contain or retain water for extended periods. Ponds are bodies of
water with a surface area, measured under 10 year storm conditions,
of two acres or less. Lakes are bodies of water with a surface greater
than two acres, measured under 10 year storm conditions. The shoreline
of a lake or pond is measured at the perimeter of the surface of water
under 10 year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Shall mean any real property including improvements and fixtures
on, above or below the surface.
Shall mean any activity involving the clearing, grading,
transporting, filling of land, and any other activity which causes
land to be exposed to the danger of erosion.
Shall mean the orderly, planned arrangement of shrubs, ground
cover, flowers, trees and other plant material, including incidental
use of berms and decorative mulches, gravel and similar materials
to produce an aesthetically pleasing appearance, to satisfy ground
stabilization requirements, and/or providing a visual screen, all
arranged and implemented in accordance with good landscaping and horticultural
practices.
Shall mean pipes conducting sewage from individual buildings
to larger pipes called trunk or interceptor sewers that usually are
located in street rights-of-way.
Shall mean an off-street space or berth on the same lot with
a building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or materials. Such space must have clear means of ingress and egress
to a public street at all times.
Shall mean any street other than a collector street.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot is land occupied or to be occupied
by a building, structure and permitted accessory uses, or by a dwelling
and its accessory uses together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by this chapter for a lot in the zone
district in which such a lot is situated, and having the required
frontage on a street. For developments encompassing more than one
contiguous lot, lot shall mean the same as tract.
Shall mean the area, usually expressed in acres or square feet of a lot contained within the lot lines, including any portion of the lot encumbered by easements but excluding any portion of the lot included in any street right-of-way and, for the purposes of meeting minimum lot area requirements, also excluding any portion of the lot subject to a riparian grant or license not filled, graded and stabilized in compliance with subsection 22-7.13.
Shall mean lot area reduced by the area of: 1) freshwater wetlands or State open waters; 2) saltwater (tidal) wetlands; 3) any portion of a stream, lagoon or watercourse having a width of eight (8') feet or more from top of bank to top of bank; 4) any portion of a pond with a total water surface area of 5,000 square feet or more; or 5) any portion of a riparian grant or license not filled, graded and stabilized in compliance with subsection 22-7.13.
Shall mean 1) any lot at the junction of and fronting on two or more intersecting streets, except any lot which does not have the geometrical appearance of a corner lot including, but not limited to, a lot located on a continuous route, although the street names may change, which has an angle of deviation less than forty-five (45ᵒ) degrees; or 2) any lot at the junction of and fronting on an intersecting street and a navigable waterway, which navigable waterway, for the purpose of applying this chapter, shall be considered as a street; or 3) any lot with a continuous street frontage that has geometrical appearance of a corner lot including, but not limited to, a lot with sidelines (or projected sidelines) which have an interior angle greater than forty-five (45ᵒ) degrees and a lot with front lot lines (or the projection of front lot lines or the tangent of front lot lines at the intersection of side lines) which have an interior angle less than one hundred thirty-five (135ᵒ) degrees. Refer to Section 22-7.32.
Shall mean the area of a lot covered by buildings and structures
and accessory buildings or structures. For the purpose of this chapter,
total lot coverage shall include all stone or gravel surface areas
excluding the use of stone in association with landscape plantings
or vegetative beds, all other impervious surfaces and all parking
areas and automobile access driveways and internal roadways, whether
covered by an impervious or pervious material, except as indicated
on the zone district schedule of regulations. For development sites
consisting of more than one lot, maximum lot coverage limits shall
apply to the entire tract or site as a single parcel or lot.
Shall mean the shortest distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line, provided that, in triangular lots having no
rear lot line, the distance shall be measured to the midpoint of a
line parallel to the front lot line, which shall be not less than
ten (10') feet in length measured between its intersections with the
side lot lines.
Shall mean the distance measured on a horizontal plane between
the side lot lines measured along the street line. The minimum lot
frontage shall not be less than the required lot frontage except that
on curved alignments with an outside radius of less than five hundred
(500') feet, the minimum distance between the side lot lines measured
at the street line shall not be less than 60% of the required minimum
lot frontage. Where the lot frontage is so permitted to be reduced,
the lot width at the building setback line shall not be less than
the required minimum frontage of the zone district. For the purpose
of this chapter, only continuous uninterrupted lot lines shall be
accepted as meeting the frontage requirements.
Shall mean a lot other than a corner lot.
Shall mean any line designating the extent or boundary of
a lot which shall further be defined as follows:
Front lot line: A lot line or portion thereof which is coexistent
with a street line and along which the lot frontage is calculated.
Rear lot line: The lot line most distant and generally opposite
and parallel to the front lot line.
Side lot line: Any lot line other than a front or rear lot line.
Shall mean the minimum diameter of a circle, measured in feet, as prescribed for the zone district, which can be located within the envelope delineated by the yards, as required by the zone district for the placement of principal buildings, tangent to the front yard setback line and unencumbered by: 1) freshwater wetlands or required buffer/transition areas; 2) saltwater (tidal) wetlands; 3) any portion of a stream, lagoon or watercourse having a width of eight (8') feet or more from top of bank to top of bank or; 4) any portion of a pond with a total water surface area of 5,000 square feet or more; or 5) any portion of a riparian grant or license not filled, graded and stabilized in compliance with subsection 22-7.13.
Shall mean the distance between the property side lines measured
along the front yard setback line. Unless otherwise specified, lot
width shall equal minimum lot frontage.
Shall mean an accessory unit deed restricted for occupancy
by a low and moderate income household as defined by current COAH
regulations.
Shall mean a dwelling unit restricted to occupancy by a lower
income household and approved as a conditional use pursuant to this
chapter.
Shall mean a household whose income is within the current
moderate or low income limits for the Borough's housing region as
established by the New Jersey Council on Affordable Housing.
Shall mean the lowest level (including basement, crawl space
and garage) of the lowest enclosed area.
Shall mean any security that is acceptable to the governing
body to assure the maintenance of approved installations by developers.
Shall mean any security, other than cash, which may be accepted
by the Borough for the maintenance of any improvements required by
N.J.S.A. 40:55D-1 et seq. and this chapter.
Shall mean any site plan not classified as a minor site plan
or exempt site development.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean an inspection chamber whose dimensions allow easy
entry and exit and working room for a person inside.
Shall mean a method for calculating the hydraulic capacity
of a conduit to convey water.
Shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities.
Shall mean the treatment or processing of raw products, and
the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities.
Shall mean any waterfront facility wherein berthing spaces
for any and all watercraft or boats are provided. A marina shall be
deemed to include, in addition, automobile parking facilities; sanitary
facilities; motor fuel sales; boat sales, repairs, maintenance and
service, excluding, however, facilities for the construction of new
boats.
Shall mean any facilities or activity associated with fishing
or boating, either for sport or for commercial gain.
Shall mean any establishment devoted to the providing of
massage services to persons not in connection with any medical, osteopathic,
chiropractic, prescribed therapeutic or athletic or calisthenic activities.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
Shall mean the Mayor of Rumson.
Shall mean that portion of a divided highway separating the
traveled ways of traffic proceeding in opposite directions.
Shall mean a person afflicted with mental disease to such
an extent that a person so afflicted requires care and treatment for
his own welfare, or the welfare of others, or of the community, but
shall not include a person who has been committed after having been
found not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
Shall mean a development plan for one or more lots which
is (are) subject to development which:
Requires site plan approval; and
Meets the requirements set forth in Section 22-12 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met, and
Meets the following conditions:
The construction of drainage facilities is not required either
on or off-site.
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area.
The proposed development does not increase parking requirements
by more than five spaces.
The proposed development conforms to the performance standards set forth in Section 22-5.
The proposed development will not require the issuance of a
CAFRA permit.
The proposed development does not involve planned development.
The proposed development does not involve any new street or
the extension of any existing street.
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A 40:55D-42.
The proposed development does not involve the disturbance of
5,000 square feet or more of ground area.
Shall mean a subdivision of land for the creation of not
more than two lots plus the remainder of the original lot provided
such subdivision does not involve: (a) a planned development; (b)
any new street; or (c) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42
and provided that the Approving Authority or the Subdivision Committee
of the Approving Authority finds that all the following conditions
have been met:
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the master plan, official map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval).
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
Shall mean a development containing a combination of uses,
with non-residential uses permitted in the district on the first floor
and residential units on the upper floors, including market rate residential
units, as well as required on-site residential units deed restricted
for occupancy by very low, low and moderate income households as defined
by UHAC regulations, N.J.A.C. 5:80-26.1 et seq. and COAH Prior Round
regulations, N.J.A.C. 5:93-1 et seq.
Shall mean Municipal Land Use Law.
See Manufactured home.
Shall mean a building or portion of a building or land, or
portion thereof, which is not primarily devoted to the retail sale
of gasoline or new or used automobiles or trucks, in which auto body
work or the overhauling or replacement of automobiles, automobile
parts, or any portion thereof, is conducted as a business for profit.
Shall mean any area of land, including structures thereon,
which is used for the retail sale of gasoline or any other motor vehicle
fuel and oil and other lubricating substances, including any sale
of motor vehicle accessories and which may include facilities for
lubricating, washing or servicing of motor vehicles, except that auto
body work of any nature and retail sales unrelated to motor vehicle
uses shall be prohibited.
Shall mean a layer of wood chips, dry leaves, straw, hay,
plastic, or other materials placed on the surface of the soil around
plants to retain moisture, prevent weeds from growing, hold the soil
in place, and aid plant growth.
Any building in which there are two or more dwelling units.
See Approving Authority.
Shall mean N.J.S.A. 40:55D-1 et seq. (Ordinance 291, Laws
of N.J., 1975, as amended).
Shall mean the Borough of Rumson.
Shall mean structures for which the "start of construction"
commenced on or after the effective date of this chapter.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision, or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision, or amendment of this chapter, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Shall mean pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include,
but not be limited to, pollutants from agricultural, silvacultural,
mining, construction, subsurface disposal and urban runoff sources.
Shall mean a school or facility designed to provide daytime
care of three or more children from birth to six years of age inclusive,
and operated on a regular basis.
Shall mean the specific purpose for which land or a building
is used, designed or maintained.
Shall mean the same as Certificate of occupancy.
Shall mean the map, changes and additions thereto, adopted
and established, from time to time, by resolution of the Board of
Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
Shall mean a map adopted by ordinance by the governing body
pursuant to N.J.S.A. 40:55D-32 et seq.
Shall mean located outside the lot lines of the lot in question,
but within the property limits (of which the lot is a part) which
is the subject of a development application. Off-site areas shall
include any contiguous portion of a street or right-of-way.
Shall mean a temporary storage area for a motor vehicle that
is directly accessible to an access aisle, and that is not located
on a dedicated street right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean located on the lot in question.
Shall mean a temporary storage area for a motor vehicle which
is located on a dedicated street right-of-way.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean a porch or steps with a fixed roof as set forth
in Schedule 5-1.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and other improvements that are designed to be incidental
to the natural openness of the land.
Shall mean a deck, patio, walkway or paved area adjacent
to, and operated as accessory to, a legally existing full service
restaurant use, where patrons are served and/or consume food or other
refreshment.
Shall mean any individual, family group, firm, association,
syndicate, copartnership or corporation having sufficient proprietary
interest in land which is the subject of a development proposal.
Shall mean an open area used for the open storage of motor
vehicles and includes any driveways and access drives, as well as
accessory incidental structures or improvements such as curbing, drainage,
lighting, and signing.
Shall mean an area, other than a street, intended for the
same use as a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
Shall mean a paved open area, other than a street or other
public way, used for the parking of motor vehicles and available to
the public, whether for a fee, free, or as an accommodation of clients
or customers.
Shall mean the same as Garage, public.
Shall mean an off-street space provided for the parking of
a motor vehicle exclusive of driveways or access drives, either within
a structure or garage or in the open or as may be otherwise defined
in this chapter.
Shall mean for purposes of notice any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
Shall mean an area of land not used for receiving and storing
material where the grounds have been surfaced with construction material
such as brick, stone, cement or lumber, which does not project above
grade level and which is entirely uncovered by a roof or any superstructure.
See Cartway.
See "gazebo."
Shall mean any establishment showing to patrons in private
or semi-private viewing areas the live or photographic or magnetically
recorded depictions of persons engaged in the presentation and exploitation
of illicit sex, lust, passion, depravity, violence, brutality, nudity,
immorality and other obscene subjects.
Shall mean any security, which may be accepted by the municipality
including cash; provided that the municipality shall not require more
than 10% of the total performance guarantee in cash, in lieu of a
requirement that certain improvements be made before the Approving
Authority approves an application for development.
Shall mean an open air accessory structure with a permanently
open roof. Removable sun shades are permitted. A pergola may have
electricity and/or provisions for an external heat source (e.g., wood
or gas burning fire place). A permanently open roof is 50% open. A
pergola with a louvered roof which can open or close to become solid
shall be counted towards building coverage.
Shall mean an act by which skills of one person are utilized
for the benefit of another, provided no function involves manufacture,
cleaning, repair, storage or distribution of products or goods except
for cleaning and repairing of clothing and similar personal accessories.
Shall mean any material that permits full or partial absorption
of storm water into previously unimproved land.
Shall mean any substance or mixture of substance labeled,
designed, or intended for use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant, or plant regulator.
Shall mean oil or petroleum of any kind and in any form including
crude oils and derivatives of crude oils, whether alone, as sludge,
oil refuse or oil mixed with other wastes.
Shall mean a building or group of buildings, congregations,
public worship including cathedrals, chapels, churches, meeting houses,
mosques, synagogues, temples, and similarly used buildings, as well
as accessory uses such as Sunday schools, social halls, parish houses,
and similar type buildings.
Shall mean planned unit development, planned residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean the Municipal Planning Board established pursuant
to N.J.S.A. 40:55A-76. The term Planning Board as used in this chapter
also means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.
Shall mean the licensed New Jersey Professional Engineer
specifically retained by the Planning Board or assigned by the Municipal
Engineer (with the consent of the Board) to render engineering services
and advice to the Board. In the absence of the specific appointment
of a Planning Board Engineer, the Municipal Engineer may assume the
duties of the office.
Shall mean a map or maps of a subdivision or site plan.
Shall mean the map or maps of all or a portion of the development
prepared and submitted to the approving authority for final approval.
Final plat shall also include and be synonymous with the term final
site plan.
Shall mean the plat prepared and submitted to the approving
authority as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term preliminary
site plan.
Shall mean an enclosed or partially enclosed accessory structure
associated with the customary use or a swimming pool. A cabana, gazebo,
pavilion, pergola or other appurtenance attached to, or within five
feet of the pool house shall comply with all the provisions associated
with a pool house.
Shall mean the conferral of certain rights pursuant to N.J.S.A.
40:55D-46, -48, and -49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
Shall mean a lot or tract of land or any combination thereof
held under a single ownership or control.
Shall mean the primary or principal purpose for which a building,
structure or lot is used.
Shall mean the office of a member of a recognized profession,
which shall include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, artists, authors, attorneys,
musicians, accountants, insurance agents, real estate brokers and
agents, and other offices licensed by the State of New Jersey as professionals.
Shall mean a building, the occupancy of which is limited
to professional offices.
Shall mean that use which is not specifically allowed or
permitted in a particular zone and for which the granting of a variance
of N.J.S.A 40:55D-70D would be necessary, in order to provide that
use in that particular zone.
Shall mean a sign other than a facade sign suspended from
or attached to a building or wall in a manner which is other than
parallel to the said building or wall, including a sign hung under
the canopy.
Shall mean: (a) public parks, playgrounds, trails, paths
and other recreational areas; (b) other public open spaces; (c) scenic
and historic sites; and (d) sites for schools and other public buildings
and structures.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of storm water sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation, and erosion and to
assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, and to lessen
non-point pollution.
Shall mean an open space area conveyed or otherwise dedicated
to the Borough, a Municipal Agency, Board of Education, Federal, State,
or County agency, or other public body for recreational or conservational
uses.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to R.S. 48:2-13.
A building or structure designed for and occupied by not
more than one family household and is attached to three similar buildings
or structures by not more than two party walls with each dwelling
unit having its own utility services in the same manner as a single-family
detached dwelling unit.
Shall mean the majority of the full authorized membership
of an Approving Authority.
Shall mean any natural or artificially produced substance
or combination of substances which emits radiation spontaneously.
Shall mean a method of runoff calculation.
Shall mean the replenishment of underground water reserves.
Shall mean facilities and open space areas set aside, designed
and/or improved, and used for recreation purposes, and may include,
but shall not be limited to, playfields, golf courses, playgrounds,
swimming pools, tennis courts, and other court games, tot lots, parks,
picnic areas, nature preserves, boating and fishing areas and facilities.
Shall mean a vehicular type unit primarily designed as temporary
living quarters for recreational, camping, or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
Shall mean any product that is collected and then reused
or resold or repurposed.
Shall mean an individual seasonal residential dwelling unit
located within a seasonal residential bungalow colony.
Shall mean the number of dwelling units per gross acre of
residential land including areas used for streets, easements and/or
open space portions of a development.
Shall mean a customary accessory use and/or structure incidental
to and located on the same lot as a detached single-family principal
dwelling comprised of any area, structure or combination of structures
arranged to accommodate court games; athletic practice or competition;
exercise; yard games; recreation or play equipment and/or improved
with a playing surface to accommodate any recreational use, but shall
not include lawn or paved areas used for recreation if only temporary
or portable markings, equipment or structures, which are removed after
daily use, are utilized. Uses and/or structures normally associated
with team sports such as, but not limited to, greater than half-court
basketball, rugby, lacrosse, baseball, softball, field or ice hockey,
football or soccer are not considered customarily incidental to a
detached single-family principal dwelling.
Shall mean a particular type of residential recreation facility
(as herein defined) comprised of any area, structure or combination
of structures arranged to accommodate court sports including, but
not limited to, tennis, paddle tennis, handball, and half-court (or
smaller) basketball.
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises, normally to patrons
seated within an enclosed building. However, a snack bar at a public
or community playground, playfield, park, or swimming pool operated
solely by the agency or group operating the recreation facilities,
and for the convenience of patrons of the facility, shall not be deemed
to be a restaurant.
Shall mean an establishment where the majority of the patrons
purchase food, soft drinks, ice cream, and similar confections for
takeout or consumption on the premises but outside the confines of
the principal building, or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
Shall mean: (a) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law; or (b) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
by other instrument.
Shall mean a structure more than eighteen (18") inches high
erected between lands of different elevation to protect structures
and/or to prevent the washing down or erosion of earth from the upper
slope level.
Shall mean a pond, pool or basin used for the permanent storage
of water runoff.
Shall mean a facing of stone, concrete, etc., built to protect
a scarp, embankment, or shore structure against erosion by wave action
or current.
Shall mean a strip of land occupied or intended to be occupied
by a street, crosswalk, railroad, road, electric transmission line,
gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for another special use.
Shall mean the same as boarding or lodging house.
Shall mean naturally occurring or man-made accumulations
of sand in ridges or mounds landward of the beach.
Shall mean a parabolic reflector antenna which is designed
for the purpose of receiving signals from and/or transmitting signals
to a transmitter relay located in planetary orbit.
Shall mean the same as educational use.
Shall mean a structure or planting consisting of fencing,
berms, and/or evergreen trees or shrubs providing a continuous view
obstruction within a site or property.
Shall mean Soil Conservation Service.
Shall mean a grouping of residential bungalow units to be
occupied on a seasonal basis within a single tract of land. Seasonal
occupancy shall be limited to the months of April through October,
all recognized State or Federal holidays, and weekends (Friday through
Sunday).
Shall mean a wall or embankment to resist encroachment of
the sea.
Shall mean the same as accessory use.
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been moved from its
site or origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other materials.
Shall mean the transport and depositing of solid material
by water.
Shall mean an underground system with a septic tank used
for the decomposition of domestic wastes.
Shall mean a water-tight receptacle that receives the discharge
of sewage.
Shall mean the horizontal distance between a building or
structure and any front, side or rear lot line, measured perpendicular
to such lot lines at the point where the building is closest to such
lot lines.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this chapter.
Shall mean any pipe conduit used to collect and carry away
sewage or storm water runoff from the generating source to treatment
plants or receiving streams.
Shall mean a tree in a public place, street, special easement,
or right-of-way adjoining a street.
See Lot shape requirement.
Shall mean an integrated development of such uses as retail
stores and shops, personal service establishments, professional and
business offices, banks, post offices, restaurants, and auditoriums,
housed in an enclosed building or buildings, utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities and sanitary facilities and having
a minimum total floor area of 20,000 square feet.
Shall mean the graded part of the right-of-way that lies
between the edge of the main pavement (main traveled way) and the
curbline.
Shall mean a paved path provided for pedestrian use and usually
located at the side of a road within the right-of-way.
Shall mean the triangular area intended to remain free of
visual obstructions to prevent potential traffic hazards formed by
two intersecting street lines or the projection of such lines which
border a corner property, and by a line connecting a point on each
such line located a designated distance from the intersection of the
street lines.
Shall mean any writing (including letter, work or numeral)
pictorial presentation (including illustration), decoration (including
any material or color forming an integral part of other sign elements
or used to differentiate such decoration from its background), emblem
(including device, symbol or trademark), flag (including banner, balloon
or pennant), or any other device, figure, logo, or similar character
which:
Is located and maintained as a freestanding structure or any
part of a structure, or located and maintained on a building or other
structure or device by being placed, installed, attached, affixed,
fastened, pasted, posted, painted, printed, nailed, tacked or in any
other manner thereon or thereto; and
Is used to announce, direct attention to, identify or advertise;
and
Is visible from outside any building or structure; and
Is illuminated or non-illuminated.
Shall mean that portion of a building fronting on a public
roadway or public parking facility extending from the finished grade
of the building to the bottom of the lowest second floor window sill
or to a height of twenty (20') feet whichever is less, and along the
entire length of the building which fronts the public street or public
parking facility.
Shall mean the area made available by a sign structure for
the purpose of displaying a message.
Shall mean the horizontal distance between a sign measured
from the nearest portion of the sign, and any front, side or rear
lot line.
Shall mean any sign that is displayed upon, against or through
any material or color surface or backing that forms an integral part
of such display and differentiates the total display from the background
against which it is placed.
Shall mean any word, letter, emblem, insignia, figure or
similar character, or group thereof, that is neither backed by, incorporated
in or otherwise made part of any larger display area.
Shall mean any plot, parcel or parcels of land.
Shall mean a development plan of one or more lots on which
is shown (a) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways; (b) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices; and (c) any other information
that may be reasonably required in order to make an informed determination
pursuant to the provisions of this chapter requiring review and approval
of site plans by the Approving Authority adopted pursuant to N.J.S.A
40:55D-37 et seq.
See Concept plan.
Shall mean all unconsolidated mineral and organic material
of any origin and overlies bedrock and which can be readily excavated.
Shall mean a mixture of portland cement and locally available
soil. It serves as a soil stabilizer.
Shall mean the Freehold Soil Conservation District, a governmental
subdivision of the State which was organized in accordance with the
provisions of Chapter 24, Title 4, N.J.S.A 4:24-2 et seq.
Shall mean garbage, sludge, refuse, trash, rubbish, debris
or other discarded solid materials.
Shall mean turf, or earth (soil), strengthened usually by
the mixing of cement or lime with the original material to achieve
increased strength, thereby reducing shrinkage and movement.
Shall mean standards, requirements, rules and regulations
adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating
noise levels, glare, airborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality or required by applicable
Federal or State laws or Municipal Agencies.
Shall mean areas where the average slope exceeds 15% which,
because of this slope, are subject to high rates of storm water run-off
and erosion.
Shall mean a provision for storage of storm water runoff
and the controlled release of such runoff during and after a flood
or storm.
Shall mean a provision for storage of storm water runoff.
Shall mean that portion of a building between a floor and
ceiling, excluding cellars.
Shall mean that portion of a building under a gable, hip
or gambrel roof, the wall plates of which on at least two opposite
exterior walls are not more than two feet above the floor of such
half-story. Additionally, the floor area under a sloping roof in which
the ceiling height is five feet or less shall not occupy less than
40% of the total floor area directly beneath it. A basement and/or
habitable attic shall also be included as a half-story.
Shall mean those areas which include the floodway and permanent
channel of brooks and streams.
Shall mean any street, highway, avenue, boulevard, road,
parkway, viaduct, alley, drive, or other way: (a) which is an existing
State, County or municipal roadway; or (b) which is shown upon a plat
heretofore approved pursuant to law; or (c) which is approved by official
action as provided by N.J.S.A. 40:55D; or (d) which is shown on a
plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of an Approving Authority and grant
to such Board of the power to review plats; and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas
and other areas within the street lines.
Shall mean man-made, above-ground items that are usually
found in street rights-of-way, including benches, kiosks, plants,
canopies, shelters, and phone booths.
Shall mean the mechanical and utility systems within a street
right-of-way such as hydrants, manhole covers, traffic lights and
signs, utility poles and lines, parking meters and the like.
Shall mean the conceptual arrangement of streets based upon
function. A hierarchical approach to street design classifies streets
according to function, from high traffic arterial roads down to streets
whose function is residential access. Systematizing street design
into a road hierarchy promotes safety, efficient land use, and residential
quality.
See Improved street.
Shall mean the line which separates the publicly owned or
controlled street right-of-way from the private property which abuts
upon the street; as distinct from a sidewalk line, curb line, or edge-of-pavement
line. On a street or highway shown on the adopted master plan of the
Borough of Rumson, the street line shall be considered to be the proposed
right-of-way line for the street. Where a definite right-of-way has
not been established, the street line shall be assumed to be at a
point twenty-five (25') feet from the center line of the existing
pavement.
Shall mean a street that has its only ingress and egress
at two points on the same subcollector or collector street.
Shall mean a street that does not have an all-weather pavement.
An unimproved street could be constructed of loose gravel, any type
of loose stone, or generally, any type of material that is not solidified
and will not repel water or maintain a stable cross-section. In the
event that the Construction Official or other Borough official has
any question as to whether a road is improved, unimproved, or potential
drainage problems exist with regard to the issuance of a development
permit, building permit or certificate of occupancy, such official
shall contact the Borough Engineer for his evaluation and written
determination.
Shall mean any activity which removes or significantly disturbs
vegetated or otherwise stabilized soil surface, including clearing
and grubbing operations.
Shall mean the same as Alterations.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land and including, among other things:
display stands; fences and walls, gasoline pumps, gates and gate posts,
mobile dwellings, outdoor bins, pergolas, platforms, pools, porches,
reviewing stands, sales stands, signs, stadiums, staging, standpipes,
tennis courts, tanks of any kind, tents, towers of any kind, including
radio and television towers and antennae trellises. The word "structure"
shall be construed as though followed by the words "or part thereof."
Shall mean any person or legal entity commencing proceedings
under this chapter to effect the subdivision of land hereunder.
Shall mean the division of a lot, tract, or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this act, if no new streets are created: (a)
divisions of land found by the Approving Authority to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(b) divisions of property by testamentary or intestate provisions;
(c) division of property upon court order including, but not limited
to, judgments of foreclosure; (d) consolidation of existing lots by
deed or other recorded instrument; and (e) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
Administrative Officer to conform to the requirements of the development
regulations contained in this chapter for frontage on an improved
street, zoning district regulations, and for design standards and
improvement specifications; and further provided that each lot, tract,
or parcel of land is shown and designated as separate lots, tracts,
or parcels on the official tax map of the Borough. Those adjoining
lots, tracts, or parcels of land shown on the official tax map of
the Borough which are owned by the same person or persons but which
individually do not conform to the zoning district regulations and/or
which do not meet the required frontage on an improved street shall
be treated under this chapter as a single parcel of land no portion
of which may be conveyed without subdivision approval as prescribed
by this chapter. The term "subdivision" shall also include the term
"resubdivision."
Shall mean a committee appointed by the Chairperson of the
Approving Authority for the purpose of reviewing, commenting and making
recommendations with respect to subdivision and site plan applications
and having the power to approve minor site plans and subdivisions.
Only those Committee members who are members or alternates of the
Board having jurisdiction to act have the power to vote on a matter
involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1
and N.J.S.A. 40:55D-47.
Shall mean the natural ground lying beneath a road.
Shall mean a determination by COAH approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Fair Housing Act and the rules and criteria as set forth herein.
Shall mean those waters that fall on land or arise from springs
and diffuse themselves over the surface of the ground following no
defined course or channel.
Shall mean any swimming pool with sides that are not flush
with the ground. Hot tubs, jacuzzis and children's wading pools shall
not be considered above-ground swimming pools.
Shall mean a swimming pool that is operated for profit and
open to the public or to a limited number of members and their guests,
upon payment of an hourly, daily, weekly, monthly, annual or other
fee or operated as a service rendered by a hotel, motel, or apartment
development.
Shall mean a swimming pool located on a single family lot
with a residence on it and used as an accessory to the residence,
and said pool is utilized with no admission charges and not for the
purpose of profit.
Shall mean the same as Swimming pool, commercial.
Shall mean any man-made product of various synthetic carpetlike materials made to resemble natural grass and used as lawn in residential or commercial uses. Synthetic turf shall count towards lot coverage and shall require a drainage system designed in accordance with Section 16-2 Stormwater Management and Control.
Shall mean lands which are washed by tidal flows in accordance
with the N.J.D.E.P. Tideland Council maps which are on file with the
N.J.D.E.P. and Borough Clerk.
Shall mean the original upper layer of soil material to a
depth of six (6") inches which is usually darker and richer than the
subsoil.
See Wireless telecommunications tower.
A building or structure designed for and occupied by no more
than one family household and is attached to two or more similar buildings
or structures by not more than two party walls with each dwelling
unit having its own utility services in the same manner as a single-family
detached dwelling unit.
Shall mean an area of land consisting of one or more contiguous
lots under single ownership or control, used for development or for
a common purpose. Tract is interchangeable with the words, "development
area," "site" and "property."
Shall mean a typed or printed verbatim record, or reproduction
thereof, of the proceedings of the Approving Authority.
Shall mean any living deciduous or coniferous (evergreen)
tree which is six (6") inches in caliper or greater, with a normally
anticipated mature height of twenty (20') feet or greater.
Shall mean any deciduous hardwood shade tree located within
the Borough or County right-of-way.
Shall mean a single or one-way vehicle movement to or from
a property or study area. Trips can be added together to calculate
the total number of vehicles expected to enter and leave a specific
land use or site over a designated period of time.
A building or structure designed for and occupied by not
more than one family household and is attached to two similar buildings
or structures by not more than two party walls with each dwelling
unit having its own utility services in the same manner as a single-family
detached dwelling unit.
Shall mean Urban Land Institute.
Shall mean the New Jersey Uniform Construction Code. N.J.S.A.
40A:12-27 (5.23-1.1 et seq.)
Shall mean United States Coast and Geodetic Survey.
Shall mean the specific purposes for which a parcel of land
or a building or a portion of a building is designed, arranged, intended,
occupied or maintained. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
Shall mean permission to depart from the literal requirements
of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b,
and N.J.S.A. 40:55D-70c and 70d.
Shall mean an accessory unit deed restricted for occupancy
by a very low, low or moderate-income household as defined by Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
and New Jersey Council on Affordable Housing (COAH) Prior Round regulations,
N.J.A.C. 5:93-1 et seq.
Shall mean for the purposes of subsection 22-7.25 a type of closed or solid fence made of masonry, stone or some similar building materials.
Shall mean any sign which is affixed to an exterior wall
of any building, not projecting more than one (1') foot beyond the
building wall.
Shall mean any structure designed for or utilized primarily
for the storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Shall mean channel or canal for the conveyance of water,
particularly drainage lands.
Shall mean an area regulated by the New Jersey Freshwater
Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Shall mean areas known as marshes, swamps or other lowland
subject to tidal action or any area now or formerly connected to tidal
waters, whose surface is at or below an elevation of one (1') foot
above local extreme high water and of which vegetation unique to tidal
marches, swamps or lowlands has become adapted. This definition shall
include, but is not limited to, all the mapped New Jersey State Wetlands.
Shall mean a sign which is part of or affixed or attached
to the interior or exterior of a window or otherwise part of a window
and located within eighteen (18") inches of the interior of the window
and which can be seen from a public street or public parking facility.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
Shall mean any area within a tract covered by trees, woods
or forests, including closely grouped or stands of 10 or more mature
or specimen trees of six (6") inches caliper or greater; or individual
shade and specimen trees of twelve (12") inches caliper or greater,
or individual ornamental trees of four (4") inches caliper or greater.
Shall mean the space which lies between a building or structure
and a lot line. A yard is to be unoccupied and unobstructed from the
ground upward except as herein permitted. Yards will be identified
as either front yard, side yard, or rear yard.
Shall mean a yard extending across the full width of the
lot and lying between the front line of the lot and the nearest line
of a building or structure. The depth of the front yard shall be measured
at right angles to the front line of the lot.
Shall mean a yard extending across the full width of the
lot and lying between the rear line of the lot and the nearest line
of a building or structure. The depth of a rear yard shall be measured
at right angles to the rear of the lot in the same manner as specified
herein for the measurement of lot depth.
Shall mean a yard between the side line of the lot and the
nearest line of a building or structure and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
Shall mean the same as District.
Shall mean the Board established pursuant to N.J.S.A. 40:55D-69
and this chapter. The term Zoning Board of Adjustment as used in this
chapter also means the Planning Board when it is acting pursuant to
N.J.S.A. 40:55D-60.
Shall mean the licensed New Jersey Professional Engineer
specifically retained by the Zoning Board of Adjustment (or assigned
by the Municipal Engineer with the consent of the Board) to render
engineering services and advice to the Board. In the absence of the
specific appointment of the Zoning Board of Adjustment Engineer, the
Municipal Engineer may assume the duties of the office.
Shall mean the municipal official designated to enforce the
provisions of this chapter.
Shall mean the same as Development permit.
[1]
Editor's Note: Schedules 5-3A and 5-3B, referred to herein, are included as attachments to this chapter.
[Ord. No. 07-008D, § 1]
a.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates:
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Class I. The Mayor or his designee.
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Class II. One of the officials of the Borough other
than the Mayor or a member of the Borough Council to be appointed
by the Mayor; provided that if there is an Environmental Commission,
the member of the Environmental Commission who is also a member of
the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed
to be the Class II Planning Board member if there is both a member
of the Zoning Board of Adjustment and a member of the Board of Education
among the Class IV members or alternate members.
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Class III. A member of the Borough Council to be
appointed by it.
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Class IV. Six other citizens of the Borough to be
appointed by the Mayor. The members of Class IV shall hold no other
municipal office, position or employment except that one member may
be a member of the Zoning Board of Adjustment and one may be a member
of either the Rumson Board of Education or the Rumson-Fair Haven Regional
High School Board of Education. A member of the Environmental Commission
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1 shall be a Class IV Planning Board member unless there be
among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment and a member of the Board
of Education, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board. For
the purpose of this section, membership on a municipal board or commission
whose function is advisory in nature, and the establishment of which
is discretionary and not required by statute, shall not be considered
the holding of municipal office.
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Alternates. The Mayor shall also appoint two alternate
members who shall meet the qualifications of Class IV members. Alternate
members shall be designated by the Mayor at the time of appointment
as "Alternate No. 1" and "Alternate No. 2."
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b.
Terms. The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Class II
and Class III shall be for one year or terminate at the completion
of their respective terms of office whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or a Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever comes first.
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or the Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
N.J.S.A. 40:55D-23 shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four years after their appointment as determined by resolution
of the Borough Council, provided, however, that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the term for
which they were appointed. There-after, all Class IV members shall
be appointed for terms of four years, except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
The terms of alternate members shall be two years, except that
the terms of the alternate members shall be such that the term of
not more than one alternate member shall expire in any one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. A vacancy occurring otherwise than
by expiration of term shall be filled by the appointing authority
for the unexpired term only.
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
c.
Conflicts. No member or alternate member of the Planning Board shall
be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
d.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment, as above provided,
for the unexpired term only.
e.
Removal. Any member other than a Class I member, after a public hearing
if he requests one, may be removed by the Borough Council for cause.
f.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary
who may be either a member of the Planning Board or a municipal employee
designated by it.
g.
Planning Board Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint, fix the compensation
of or agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Borough Attorney. The Board
shall not expend an amount, exclusive of gifts or grants, in excess
of the amount appropriated by the Council for its use.
h.
Expenses, Experts and Staff. The Borough Council shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board. The Planning Board may employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Planning Board shall not, however, exceed, exclusive gifts or
grants, the amount appropriated by the Borough Council for its use.
i.
Powers and Duties. The Planning Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall
apply. The Planning Board shall have the following powers and duties:
1.
To prepare, and after public hearing, adopt or amend a master plan
or component parts thereof, to guide the use of lands within the Borough
in a manner which protects public health and safety and promotes the
general welfare, in accordance with the provisions of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
59.
3.
To grant exceptions from certain requirements for subdivision and
site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To approve conditional use applications in accordance with the provisions
of this chapter and pursuant to N.J.S.A. 40:55D-67.
5.
To consider and make report to the Borough Council within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a). The report
shall include identification of any provisions in the proposed development
regulation, revision or amendment which are inconsistent with the
master plan and recommendations concerning these inconsistencies and
any other matters as the Board deems appropriate. The Borough Council
when considering the adoption of a development regulation, revision
or amendment thereto, shall review the report of the Planning Board
and may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reasons for not following such recommendation. Failure of the
Planning Board to transmit its report within the 35 day period provided
herein shall relieve the Borough Council from the requirements of
this paragraph in regard to the proposed development regulation, revision
or amendment thereto referred to the Planning Board. Nothing in this
subsection shall be construed as diminishing the application of the
provisions of N.J.S.A. 40:55D-32 to any official map or an amendment
or revision thereto or of N.J.S.A. 40:55D-62 to any zoning ordinance
or any amendment or revision thereto.
6.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
7.
To assemble data on a continuing basis as part of a continuing planning
process.
8.
To annually prepare a program of municipal capital improvement projects
over a term of six years, and amendments thereto, and recommend same
to the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-29.
9.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70(c).
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to C. 40:55D-32.
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
10.
Review of capital projects pursuant to N.J.S.A. 40:55D-31.
11.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or other Borough bodies, agencies, or officers.
12.
The Borough Council may, by ordinance, provide for the reference
of any matters or class of matters to the Planning Board before final
action thereon by a municipal body or municipal officer having final
authority hereon except for any matter under the jurisdiction of the
Board of Adjustment. Whenever the Planning Board shall have made a
recommendation regarding a matter authorized by ordinance to another
municipal body, such recommendation may be rejected only by a majority
of the full authorized membership of such other body.
j.
Citizens Advisory Committee. The Mayor may appoint one or more persons
as a Citizens Advisory Committee to assist or collaborate with the
Planning Board in its duties, but such person or persons shall have
no power to vote or take other action required by the Board. Such
person or persons shall serve at the pleasure of the Mayor.
k.
Environmental Commission. Whenever the Environmental Commission has
prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
l.
Simultaneous Review. The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for sub-division approval without the developer being
required to make further application to the Planning Board, or the
Planning Board being required to hold further hearings. The longest
time period for action by the Planning Board, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer, notice of the
hearing on the plat shall include reference to the request for such
conditional use.
m.
Referrals from Zoning Board of Adjustment. The Planning Board shall
receive and act on all referrals from the Zoning Board of Adjustment
in a timely manner so that the Zoning Board will receive the advice
of the Planning Board within 45 days of the referral.
The Planning Board shall review the material referred and may
make recommendations to the Zoning Board of Adjustment in writing
and/or at the public hearing on the application. The Planning Board's
recommendations may contain the Planning Board's opinion as to the
compatibility of the proposal to the master plan; applications which
may have been or are currently being processed by the Planning Board
for similar uses; land use, traffic and other data relevant to the
application which the Planning Board has in its files, and what conditions,
if any, the Planning Board recommends be imposed on the applicant
to improve compatibility with the master plan and this chapter should
the Zoning Board of Adjustment grant the variance.
[Ord. No. 07-008D, § 1]
a.
Establishment. The Zoning Board of Adjustment presently in existence
pursuant to N.J.S.A. 40:55D-69 is hereby continued to consist of seven
regular members and two alternate members who shall be residents of
the Borough and appointed by the Mayor and confirmed by the Borough
Council.
b.
Terms. The members of the Board of Adjustment shall continue until
their respective terms expire. Thereafter, the term of each member
shall be four years from January 1 of the year of their appointment.
The terms of members first appointed under this chapter shall be so
determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years after their
appointment; provided that the initial term of no regular member shall
exceed four years and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of each regular member
shall be four years and the term of each alternate member shall be
two years.
c.
Alternates.
1.
The Mayor may appoint and the Council confirm two alternate members
who shall be designated at the time of their appointment as "Alternate
No. 1" and "Alternate No. 2." Alternate members shall meet the same
qualifications as regular members.
2.
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
d.
Conflicts. No member of the Board of Adjustment shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the municipality.
e.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only, as here and above provided.
f.
Removal. A member may, after public hearing if he requests it, be
removed by the Borough Council for cause.
g.
Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall select a Secretary who may or
may not be a Board member or another municipal employee.
h.
Board of Adjustment Attorney. There is hereby created the office
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint, fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney,
who shall be an attorney other than the Borough Attorney. The Board
shall not, however, expend an amount exclusive of gifts or grants,
in excess of the amount appropriated by the Borough Council for its
use.
i.
Expenses, Experts and Staff. The Borough Council shall make provision
in its budget and appropriate funds for the expenses of the Board
of Adjustment. The Zoning Board of Adjustment may also employ or contract
for and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Borough Council for its use.
j.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter.
k.
Powers of the Zoning Board of Adjustment.
1.
The Zoning Board of Adjustment shall have the power to:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is an error in any order, requirement, decision or refusal
made by an administrative official or agency based on or made in the
enforcement of the provisions of this chapter adopted pursuant to
N.J.S.A. 40:55D-62 through 68.
(1)
Appeals to the Zoning Board of Adjustment may be taken by an
interested party. Each appeal shall be taken within the 20 days prescribed
by N.J.S.A. 40:55D-72 by filing a notice of appeal with the officer
from whom the appeal was taken, together with 12 copies of said notice
with the Secretary of the Zoning Board of Adjustment. Said notice
of appeal shall specify the grounds for said appeal. The officer from
whom the appeal is taken shall immediately transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
(2)
An appeal stays all proceedings in furtherance of the action
in respect of which the decision appealed from was made, unless the
officer from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal
is taken and on due cause shown.
(3)
The Board of Adjustment may, in conformity with the provisions
of N.J.S.A. 40:55D-1 et seq., reverse or affirm wholly or partly or
may modify the order, requirement, decision or determination appealed
from, and make such other requirement, decision or determination as
ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
(b)
Hear and decide requests for interpretation of the zoning map
or zoning provisions of this chapter adopted pursuant to N.J.S.A.
40:55D-62 through 68, or for decisions upon other special questions
upon which such Board is authorized by this chapter to pass.
(c)
Grant, upon an application or an appeal, relief from regulations
pursuant to N.J.S.A. 40:55D-62 through 68, except those departures
enumerated in N.J.S.A. 40:55D-70d, where:
(1)
The strict application of such regulation would result in peculiar
and exceptional practical difficulties to, or exceptional and undue
hardship upon the developer of a property for any of the following
reasons:
(i)
By reason of exceptional narrowness, shallowness or shape of
the specific piece of property, or
(ii)
By reasons of exceptional topographic conditions
or physical features uniquely affecting the specific piece of property,
or
(iii)
By reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon; or
(2)
The purposes of N.J.S.A. 40:55D-1 et seq. would be advanced
by a deviation from the zoning ordinance requirements and the benefits
of the deviation would substantially outweigh any detriment.
(d)
Grant, upon an application or an appeal, in particular cases
and for special reasons, by affirmative vote of at least five members,
a variance to allow departures from regulations pursuant to N.J.S.A.
40:55D-62 through 68 to permit the following:
(1)
A use or principal structure in a district restricted against
such use or principal structure;
(2)
An expansion of a nonconforming use;
(3)
Deviation from a specification or standard pertaining solely
to a conditional use;
(4)
An increase in the permitted floor area ratio;
(5)
An increase in the permitted density except as applied to the
required lot area for a lot or lots for detached one or two dwelling
unit buildings which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision.
No variance or other relief may be granted under the terms of
N.J.S.A. 40:55D-70d unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and this chapter. An
application under this section may be referred to any appropriate
person or agency, provided such reference shall not extend the period
of time within which the Board of Adjustment shall act.
2.
The Board of Adjustment shall have the power to grant to the same
extent and subject to the same restrictions as the Planning Board
subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 through
59 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever
the proposed development requires approval by the Board of Adjustment
of a variance pursuant to N.J.S.A. 40:55D-70d. The developer may elect
to submit a separate application requesting approval of the variance
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
shall be conditioned upon grant of all required subsequent approvals
by the Board of Adjustment.
No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of the Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. for the approval in question, and the special vote pursuant to the aforesaid subsection d of N.J.S.A. 40:55D-70 shall not be required.
3.
The Board of Adjustment shall have the power to direct issuance of
a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure
in the bed of a mapped street or public drainage way, flood control
basin or public area reserved on the official map.
4.
The Board of Adjustment shall have the power to direct issuance of
a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure
not related to a street.
l.
The Zoning Board of Adjustment shall, at least once a year, review
its decision on applications and appeals for variances and prepare
and adopt by resolution a report on its findings on zoning ordinance
provisions which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The Zoning Board
shall send copies of the report and resolution to the Borough Council
and the Planning Board.
[Ord. No. 07-008D, § 1; Ord. No. 17-009D]
a.
Meetings.
1.
Every Municipal Agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the Municipal Agency shall be
scheduled not less than once a month and shall be held as scheduled
unless cancelled for lack of applications for development to process.
2.
The Municipal Agency may provide for special meetings, at the call
of the Chairman, or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with municipal regulations and N.J.S.A. 10:4-6 et seq.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All action shall be taken by a majority vote of members of the Municipal
Agency present at the meeting except as otherwise required by N.J.S.A.
40:55D-32, -34, -62, -63 and subsections -17e, -26a and b and -70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application. Nothing herein shall be construed to contravene any act
providing for procedures for governing bodies.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meeting Law, N.J.S.A. 10:4-6 et
seq.
6.
An executive session for the purpose of discussing and studying any
matters to come before the agency shall not be deemed a regular or
special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
b.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Municipal Agency and of the persons appearing by attorney, the
action taken by the Municipal Agency, the findings, if any, made by
it and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Administrative Officer (Planning Board or Board of Adjustment
Secretary). Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes in an amount sufficient
to cover the cost of such reproduction of the minutes for his use.
c.
Hearings.
1.
Required Hearings. The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
2.
Rules for Conducting Hearings. The Planning Board and Board of Adjustment
shall make rules governing the conduct of hearings before such bodies
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or this chapter.
3.
Filing of Documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing during normal business
hours in the Office of the Administrative Officer (Planning Board
or Board of Adjustment Secretary). The applicant may produce other
documents, records or testimony at the hearing to substantiate or
clarify or supplement the previously filed maps and documents.
4.
Oaths. The Officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the County and Municipal Investigations Law,
N.J.S.A. 2A:67A-1 et seq. shall apply.
5.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the Presiding Officer
and to reasonable limitations as to time and number of witness.
6.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
7.
Verbatim Recording. The Municipal Agency shall provide for the verbatim
recording of the proceedings by either a stenographer or by mechanical
or electronic means. The Municipal Agency shall furnish a transcript
or duplicate recording in lieu thereof, on request to any interested
party at his expense; provided that the Borough Council may provide
by ordinance for the municipality to assume the expense of any transcripts
necessary for approval to the Borough Council pursuant to N.J.S.A.
40:55D-17 of decisions by the Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-70d; up to a maximum amount as specified by the
ordinance.
8.
Transcript Charge. The Municipal Agency in furnishing a transcript
of the proceeding to an interested party at his expense shall not
charge such interested party more than the maximum permitted in N.J.S.A.
47:1A-5 as amended. Said transcript shall be certified in writing
by the transcriber to be accurate.
9.
Voting Eligibility. A member or alternate member of a municipal agency
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his or her absence from one or more
of the meetings; provided, however, that such board member or alternate
member has available to him or her the transcript or recordings of
all of the hearing from which he or she was absent, and certifies
in writing to the Municipal Agency that he or she has read such transcript
or listened to such recording.
d.
Notice Requirements for Hearing. Whenever public notice of a hearing
is required on an application for development, the applicant shall
give notice thereof at least 10 days prior to the date of the hearing
in accordance with the following:
1.
Public notice of a hearing on an application for development shall
be given for all of the following:
(a)
Appeal or variance pursuant to N.J.S.A. 40:55D-70.
(b)
Directive for issuance of a building permit pursuant to N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36.
(c)
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d)
Preliminary minor and major subdivision plats.
(e)
Preliminary minor and major site plans.
2.
Public notice shall be given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the Borough.
3.
Notice of a hearing requiring public notice shall be given to the
owners of all real property as shown on the current tax duplicate
or duplicates located within two hundred (200') feet in all directions
of the property which is the subject of such hearing provided that
this requirement shall be deemed satisfied by notice to the: (a) condominium
association, in the case of any unit owner whose unit has a unit above
or below it; or (b) horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the
owner as shown on the said current tax duplicate or his agent in charge
of the property; or (2) mailing a copy thereof by certified mail to
the property owner at his address as shown on the said current tax
duplicate. A return receipt is not required.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within two hundred (200') feet of the property
which is the subject of the hearing, may be made in the same manner
as to a corporation without further notice to unit owners, co-owners,
or homeowners on account of such common elements or areas.
4.
Notice of all hearings on applications for development involving
property located within two hundred (200') feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality, which notice shall be in addition to the notice
required to be given to the owners of lands in such adjoining municipality
which are located within two hundred (200') feet of the subject premises.
5.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications for development
of property adjacent to an existing County road or proposed road shown
on the official County map or on the County master plan, adjoining
other County land or situated within two hundred (200') feet of a
municipal boundary.
6.
Notice shall be given by personal service or certified mail to the
Commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a State
highway.
7.
Notice shall be given by personal service or certified mail to the
State Planning Commission of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.
8.
The applicant shall file an affidavit of proof of service with the
Municipal Agency holding the hearing on the application for the development
in the event that the applicant is required to give notice pursuant
to N.J.S.A. 40:55D-12 and of this chapter.
9.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
10.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Borough Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available for public inspection as required by law.
11.
Notice pursuant to subparagraphs 4, 5, 6 and 7 of this paragraph
d shall not be deemed to be required, unless public notice pursuant
to subparagraphs 1 and 2 and notice pursuant to subparagraph 3 of
this paragraph d are required.
12.
List of Property Owners Furnished. Upon the written request of an
application, the Tax Assessor or his designee shall, within seven
days, make and certify a list from said current tax duplicates of
names and addresses of owners to whom the applicant is required to
give notice pursuant to this chapter. The applicant shall be entitled
to rely upon the information contained in such list, and failure to
give notice to any owner not on the list shall not invalidate any
hearing or proceeding. A fee shall be charged for such list.
e.
Decisions. Each decision on any application for development shall
be reduced to writing and shall include findings of facts and conclusions
based thereon.
1.
Reduction to writing shall be accomplished through:
(a)
A resolution adopted at a meeting held within the applicable
time period for taking action on the application for development;
or
(b)
A resolution adopted at a meeting held not later than 45 days
after the date of the meeting at which action to grant or deny approval
was taken memorializing said action.
(c)
Where the agency fails to adopt a resolution, any interested
party may apply to Superior Court in a summary manner for an order
compelling the agency to reduce its findings and conclusions to writing
within a stated time and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
2.
The following members shall be eligible to vote on the resolution:
(a)
Where the action taken resulted from the failure of a motion
to approve an application those members voting against the motion
for approval shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the
action taken shall be eligible to vote on the resolution.
3.
The following shall apply to adoption of the resolution:
(a)
The vote on a resolution shall be deemed to be a memorialization
of the action of the agency and not to be an action of the agency.
(b)
The vote of a majority of those eligible members who are present
at the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution.
(c)
The date of the adoption of the resolution shall constitute
the date of the decision for purposes of the mailings, filings, and
publications required.
4.
Copies of the decision shall be distributed by the Administrative
Officer (Planning Board or Board of Adjustment Secretary) as follows:
(a)
A copy shall be mailed within 10 days of the date of decision
to the applicant, or if represented then to his attorney, without
separate charge.
(b)
A copy shall be filed in the office of the Administrative Officer
and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a
reasonable fee in an amount sufficient to cover the cost of such copy.
5.
A brief notice of the decision shall be published in the official
newspaper(s) of the Borough.
(a)
Such publication shall be arranged and proof of publication
shall be obtained by the Administrative Officer (Planning Board or
Board of Adjustment Secretary). Nothing herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The period of time in which an appeal of the decision
may be made shall run from the first publication of the notice whether
arranged by the Borough or the applicant.
(b)
Such notice shall be published within 30 days of the date of
decision, or 20 days of the date of mailing of a copy of the decision
by the Administrative Officer (Planning Board or Board of Adjustment
Secretary), whichever is later, or within such other appropriate period
as may be determined by the Municipal Agency at the time of decision.
(c)
Failure to publish as herein required shall render any approvals
null and void.
f.
Conditional Approvals.
1.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any State agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any State agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Municipal Agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
this chapter, and, if such application for development complies with
the provisions of this chapter, the Municipal Agency shall approve
such application conditioned on removal of such legal barrier to development.
2.
In the event that development proposed by an application for development
requires an approval of a governmental agency other than the Municipal
Agency, the Municipal Agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Municipal Agency shall make a decision on any application
for development within the time period provided in this chapter and
N.J.S.A. 40:55D-1 et seq. or within an extension of such period as
has been agreed to by the applicant unless the Municipal Agency is
prevented or relieved from so acting by the operation of law.
3.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision,
or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Agency
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
4.
The Municipal Agency may impose such other conditions as it deems
appropriate.
5.
In all cases the Municipal Agency shall include a condition of approval
setting forth the time within which all conditions of approval must
be satisfied by the applicant. Failure of the applicant to meet all
conditions of approval within the time specified or within such extensions
thereof as the Municipal Agency may, from time to time, grant upon
the request of the applicant shall render any approvals null and void.
6.
Tolling of Running of Period of Approval. In the event that, during
the period of approval heretofore or hereafter granted to an application
for development, the developer is barred or prevented, directly or
indirectly, from proceeding with the development otherwise permitted
under such approval by a legal action instituted by any State agency,
political subdivision or other party to protect the public health
and welfare or by a directive or order issued by any State agency,
political subdivision or court of competent jurisdiction to protect
the public health or welfare and the developer is otherwise ready,
willing and able to proceed with said development, the running of
the period of approval shall be suspended for the period of time said
legal action is pending or such directive or order is in effect.
g.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the Zoning Board of Adjustment shall be
accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application; or if it is shown that taxes or assessments are delinquent
on said property, any approvals or other relief granted by either
Board shall be conditioned upon either the prompt payment of such
taxes or assessments, or the making of adequate provision for the
payment thereof in such manner that the municipality will be adequately
protected.
h.
Time for Decision. After the date an appeal is taken from the decision
of a municipal officer or the submission of a complete application
for development to the Administrative Officer, the approving authority
shall render its decision within the maximum number of days as specified
below or within such further time as may be consented to by the applicant.
Where more than one type of application is involved, the longer time
period shall apply.
|
Type of Application
|
Time Period
(days)
|
|---|---|
|
Site Plans
| |
|
Minor
|
45
|
|
Preliminary Approval
(10 acres or less, 10 units or less)
|
45
|
|
Preliminary Approval
(more than 10 acres or 10 units)
|
95
|
|
Final Approval
|
45
|
|
Subdivisions
| |
|
Minor
|
45
|
|
Preliminary Approval
(10 lots or less)
|
45
|
|
Preliminary Approval
(more than 10 lots)
|
95
|
|
Final Approval
|
45
|
|
Conditional Use Authorization
|
95
|
|
Variance
|
120
|
|
Appeal from the decision of a municipal officer
|
120
|
|
Direction for issuance of a building permit
|
120
|
i.
Separation of Applications. A developer whose proposed development
requires a variance or direction of the issuance of a permit may elect
to submit a separate application requesting the variance or direction
of the issuance of a permit and a subsequent application for any required
approval of a subdivision, site plan, or conditional use. The separate
granting of the variance or direction of the issuance of a permit
shall be conditioned upon the granting of all required subsequent
approvals by the same approving authority. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan. The number of votes of the
Board members required to grant any such subsequent approval shall
be as otherwise provided for the approval in question, and any special
vote shall not be required. In the event that the developer elects
to submit separate consecutive applications, the time period for granting
or denying each separate application shall be as provided in paragraph
j below.
j.
Time for Exercise of Variance. Any variance from the terms of any ordinance hereafter granted permitting the erection or alteration of any building, structure or structures or permitting a specified use of any premises, shall expire by limitation, unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced with 12 months from the date of entry of the decision provided, however, that the running of the period of limitation herein provided shall be suspended from the date of filing and appeal from the decision to the Borough Council or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. Where the variance is part of a subdivision or site plan approval, the period of limitation shall coincide with the approval specified in Section 22-4.
[Ord. 4/15/04, § 1; Ord. 12/15/05, § 1; Ord. No. 07-008D, § 1; Ord. No. 16-007D § 1; amended 9-10-2024 by Ord. No. 24-009D]
a.
Development Permit.
1.
Development permits shall hereafter be secured from the Zoning Officer
prior to:
(a)
Application for and/or issuance of any building permit except
for minor work or ordinary repairs as defined in the Uniform Construction
Code;
(b)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure.
(c)
Application for and/or issuance of any permit for a new or expanded
or relocated sign.
(d)
Application for and/or issuance of any permit for erection of
a fence.
(e)
Any change in use or change in nonresidential occupancy.
(f)
The excavation, removal, or addition of soil or fill to or from
any site exceeding 10 cubic yards or any alteration exceeding 5,000
square feet in the natural condition of any undeveloped parcel of
land including but not limited to the alteration of drainage patterns,
removal of soil, regrading, and removal of trees and ground cover
provided, however, that such alterations located on and necessary
to the operation of a farm as defined in this chapter shall not require
a development permit.
(g)
Any use of any portion of any parcel of land for any activity
regulated by this chapter.
(h)
The construction of any site improvement either above or below
ground.
(i)
The issuance of any certificate of occupancy where no building
permit was previously required.
2.
An application for development permit shall be in writing by the
owner or his authorized agent and include the following unless the
administrative officer determines that a particular item is not needed
in order to make a decision.
(a)
A statement of the use or intended use or uses of the building,
structure or land.
(b)
An elevation drawn to scale of the building or structure to
be erected including signs to be placed thereon and their content
and manner of construction.
(c)
A plan drawn to scale showing all proposed and/or existing buildings,
signs, parking areas, setbacks, and yard distances in exact relocation
to street and lot lines.
(d)
The proportion of existing and proposed lot coverage.
(e)
The location of any wetlands, easements, or floodplains.
(f)
A current topographical survey of any property involving the
demolition, removal or moving of a building, residential or commercial.
This survey shall certify the grade height of the property so that
any new structure's height can be accurately measured from the existing
grade prior to any filling of the property.
(g)
A certified inspection report of the sanitary sewer lateral pipe from the dwelling to the sewer main per Chapter 9. The report shall have been completed within 1 year of the time of development permit application. The administrative officer may waive this requirement if the existing sewer lateral pipe is being replaced.
3.
The Administrative Officer (Zoning Officer) shall take action on
a complete application for a development permit within 10 business
days of its submission.
4.
Prior to issuance of a development permit, the applicant shall have,
where applicable, secured other required permits including, but not
limited to:
(a)
Access permit from the New Jersey Department of Transportation
and/or Monmouth County Engineering Department.
(b)
Drainage permits from the New Jersey Department of Transportation.
(c)
Flood hazard area permit from the New Jersey Department of Environmental
Protection.
(d)
Coastal Area Facilities Review Act (C.A.F.R.A.) permit from
the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection.
(g)
Waterfront development permit from the New Jersey Department
of Environmental Protection.
(h)
Required permits from the United States Army Corps of Engineers
and United States Coast Guard.
(i)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection.
(j)
Land Disturbance permit from the Freehold Area Soil Conservation
District.
(k)
Floodplain encroachment permit.
b.
Certificates as to Approval of Subdivision of Land.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of N.J.S.A. 40:55D-1 et seq., may apply in writing to the Administrative
Officer for issuance of a certificate certifying whether or not such
subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name and the owner thereof.
2.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
3.
Each such certificate shall be designated as "Certificate as to Approval
of Subdivision of Land," and shall certify:
(a)
Whether there exists in the Borough a duly established Planning
Board and whether there is an ordinance controlling subdivision of
and adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board, and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
by N.J.S.A. 40:55D-1 et seq.
4.
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee in accordance
with the fee schedule.
5.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by such certificates of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest free of any right, remedy or action which could be prosecuted
or maintained by the Borough pursuant to the provisions of N.J.S.A.
40:55D-55.
6.
If the Administrative Officer designated to issue any such certificate
fails to issue the same within 10 business days after receipt of an
application and the fees therefor, any person acquiring an interest
in the lands described in such application shall hold such interest
free of any right, remedy or action which could be prosecuted or maintained
by the Borough pursuant to N.J.S.A. 40:55D-55.
7.
Any such application addressed to the Borough Clerk shall be deemed
to be addressed to the proper designated officer and the Borough shall
be bound thereby to the same extent as though the same was addressed
to the designated official.
c.
Construction Permit.
1.
No construction permit shall be issued unless the applicant shall
have first secured a development permit.
2.
No building or structure shall be erected, added to, or structurally
altered until a permit thereon has been issued by the Construction
Official. All applications for such permits shall be in accordance
with the requirements of the New Jersey State Uniform Construction
Code.
[N.J.S.A. 52:27D-119 et seq.]
d.
Certificate of Occupancy.
1.
Development Permit Required. No certificate of occupancy shall be
issued for the use of any building, structure or land unless a development
permit shall have first been issued for the use of such building,
structure, or land.
2.
Uses and Occupancies After the Effective Date of This Chapter. No
building, structure or land shall be occupied or used until such time
as a certificate of occupancy is issued by the Construction Official.
Such certificates shall be issued upon application by the owner,
prospective occupant, or purchaser only after the Construction Official
determines that the facts represented on the application are correct
and that the building, structure or use is in conformance with the
provisions of the Uniform Construction Code and other codes and ordinances
affecting construction and occupancy.
Temporary certificate of occupancy may be issued pursuant to
the provisions of this chapter for any structure or use for which
site plan approval has been secured, but not all conditions of approval
have been complied with.
3.
Existing Uses at the Time of Passage of This Chapter or Any Amendments
Thereto. The prospective purchaser, prospective mortgagee, or any
other person interested in any land or structure may apply in writing
for the issuance of a certificate certifying that the use or structure
legally existed before the adoption of the chapter or the amendment
and certifying the extent and kind of use. The applicant shall have
the burden of proof. Application pursuant hereto shall be made to
the Zoning Officer within one year of the adoption of the chapter
or the amendment or at any time to the Board of Adjustment and shall
be accompanied by the established fee. A denial by the Zoning Officer
shall be appealable to the Board of Adjustment pursuant to N.J.S.A.
40:55D-72 et al.
4.
Change of Nonresidential Occupancy. Whenever there occurs a change
in the occupancy or use of a nonresidential building, structure or
land, a new certificate of occupancy shall be applied for, to ensure
compliance with all applicable codes and ordinances. The Construction
Official may issue such certificate if the Administrative Officer
determines such change in occupancy is not a "change in use" and that
the applicant has met the requirements of the applicable regulations.
5.
Scope of Certificate of Occupancy. The certificate of occupancy shall
contain sufficient information as to the extent and kind of use or
uses, such that any future investigation of the premises would disclose
the extent to which a use was altered. It shall also indicate whether
such use is a permitted or nonconforming use and the extent to which
the use does not conform to the provisions of this chapter.
6.
Improvement Required. No permanent certificate of occupancy shall
be issued until all required improvements have been installed in accordance
with the provisions of this chapter. A temporary certificate of occupancy
may be issued to permit occupancy for a period not to exceed one year.
If at the end of that period the required improvements have not been
completed, the occupancy permit becomes null and void and the owner
may be subject to the penalties herein defined by this chapter.
e.
Soil Erosion and Sediment Control Plan Certification. Where required,
a soil erosion and sediment control plan certification shall be obtained
from the Freehold Area Soil Conservation District prior to subdivision
or the erection of any structure or the alteration of the existing
grade on any lot. No such certification shall be valid until a development
permit shall have first been issued for the subdivision, building,
structure or use.
a.
It shall be the duty of the Administrative Officer or his designee
to keep a record of all applications, all actions of the Municipal
Agencies, all complaints, all violations noted and a record of any
action taken thereon and all development permits issued together with
a notation of all special conditions involved. He shall file and safely
keep all copies of all plans submitted, and the same shall form a
part of the records of his office and shall be available for the use
of the Borough Council and of other officials of the Borough.
b.
The Administrative Officer or his designee shall prepare a monthly
report for the Borough Council, summarizing for a period since his
last previous report all Development Permits issued and all complaints
of violations and the action taken by him consequent thereon. A copy
of each such report shall be filed with the Borough Administrator,
Tax Assessor, Planning Board, Zoning Board of Adjustment, Code Enforcement
Officer, Construction Official and Engineer at the same time it is
filed with the Borough Council.
The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Zoning Officer, who shall have
such powers as are conferred by this chapter, and as reasonable may
be implied. In no case shall a development permit be granted for a
subdivision or the construction of or alteration of any building or
site where the proposed construction, alteration or use thereof would
be in violation of any provisions of this chapter. It shall be the
duty of the Administrative Officer or his designee to cause any building,
plans or premises to be inspected or examined and to order in writing
the remedying of any conditions found to exist in violation of this
chapter, and the Officer shall have the right to enter any buildings
or premises during the daytime, or other normal business hours of
the premises, in the course of performing these duties.
In the application and interpretation of this chapter, all provisions
hereof shall be held to be minimum standards or requirements adopted
for the promotion of the public health, safety, convenience, and general
welfare of the Borough. Whenever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted
rules, regulations or ordinances, the most restrictive of those imposing
the higher standard shall govern.
Chapter 15, Zoning; Chapter 16, Land Use Procedures, and Chapter 14, Subdivision and Site Plan Review of the Revised General Ordinance are hereby repealed in their entirety and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except as provided, and, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
[Ord. No. 08-001D, § 2; Ord. No. 08-016G § II]
a.
For any and every violation of the provisions of this chapter, the
applicant, subdivider, developer, owner, general agent or contractor
of a building or premises where such violation has been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist, shall, for each and every
day that such violation shall exist, be subject to a fine of not more
than $2,000 or be imprisoned for a term not exceeding 90 days or by
a period of community service not exceeding 90 days.
Pursuant to N.J.S.A. 40:49-5, any municipality that chooses
to impose a fine in an amount greater than $1,250 upon an owner for
violations of housing or zoning codes shall provide a 30 day period
in which the owner shall be afforded the opportunity to cure or abate
the condition and shall also be afforded an opportunity for a hearing
before a court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the 30 day
period, a fine greater than $1,250 may be imposed if a court has not
determined otherwise or, upon reinspection of the property, it is
determined that the abatement has not been substantially completed.
b.
It shall be a violation of the provisions of this chapter to:
1.
Engage in any of the activities referred to in subsection 22-3.4a prior to issuance of a development permit.
4.
After approval of a development permit, fail to follow, during construction,
the approved site or subdivision plans and/or observe any and all
conditions of approval contained in any resolution of the Municipal
Agency.
6.
Fail to observe any direction of the Administrative Officer or his
designee with regard to the suspension of any work not in conformance
with approved plans or the conditions of any resolution of the Municipal
Agency or of the development permit.
7.
Obtain any permit or approval or engage in any construction or site
improvements on the basis of any plans or documents that are misrepresentative,
intentionally misleading or negligently erroneous or inaccurate.
8.
Fail to observe any direction of the Administrative Officer or his
designee with regard to the correction, including any time limits
imposed for such correction, of any work not in conformance with the
approved plans or the conditions of any resolution of the Municipal
Agency or of the development permit or any work undertaken on the
basis of any plans or documents that are misrepresentative, intentionally
misleading or negligently erroneous or inaccurate or pursuant to any
permits or approvals issued on the basis of such plans or documents.
9.
After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 22-7, 22-8 and 22-9 of this chapter. The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities prohibited by, or failure to engage in other activities required by, this chapter shall also be considered violations.
c.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this chapter pursuant to N.J.S.A.
40:55D-1 et seq., such person shall be subject to a penalty not to
exceed $1,000 and each lot so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute
and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale provided a certificate as to the approval of subdivision
has not been issued in accordance with this chapter.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
d.
If, after final approval, it is discovered that there was any misrepresentation
of any statements or proofs contained in any plat or in any application
for approval or in any representations made to induce approval, the
Municipal Agency or the Borough Council may, in addition to such other
sanctions as are available in the law, revoke the approval of any
plat and proceed as if final approval had not been obtained.
Separate from fines and other sanctions available, the Borough
may recover extraordinary costs of investigations, analysis and/or
inspections occasioned by violations including, but not limited to,
staff costs and services of experts and consultants and/or may require
an escrow if it allows a developer to cure or mitigate a violation.
e.
If the developer or agent of the developer shall, after notification
by certified mail from the Zoning Officer or Borough Engineer to cease
the construction of improvements, cease the use of certain construction
methods and procedures, or cease the use of or lack of use of site
maintenance methods and procedures which may result in hazards to
life, health or property; continue to carry on the activities specifically
included in cessation order(s) from the Zoning Officer or Borough
Engineer; then any such developer or agent of such developer shall
be subject to the penalty stated in paragraph a above. Each and every
day that a developer or agent of a developer operates in violation
of this chapter after issuance of a cessation order shall be considered
a separate and specific violation.
All amendments to this chapter and to the Zoning Map, which
forms a part hereof, shall be adopted in accordance with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended and supplemented. The map
and schedule of area, yard and building requirements may be amended
and supplemented by description and reference thereto, without republication
of the entire map or detailed test of the schedule.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
a.
After the effective date of the ordinance adopting this chapter,
all new applications for development shall be subject to the provisions
of this chapter. Within 45 days of submission of any application for
development, the Administrative Officer shall notify the developer
in writing if an application for development is found to be incomplete
or it shall be deemed to be properly submitted and constitute a complete
application 45 days after the submission. If a developer is notified
that an application for development is incomplete, the Administrative
Officer shall further notify the developer within 45 days of submission
of all the additional plans and supporting documentation requested
if an application for development is still found to be incomplete
or it shall be deemed to be properly submitted and constitute a complete
application 45 days after submission of all the additional plans and
supporting documentation requested.
b.
All applications for development filed prior to the effective date
of this chapter may be continued, subject to the following:
1.
The time limits for approval by the Municipal Agency set forth within
this chapter shall not apply unless the developer shall notify the
Municipal Agency in writing that he desires the application to be
considered within such time limits. Such letter of notification from
the developer shall constitute the filing of a new application for
development subject to the provisions of paragraph a of this subsection
and all other provisions of this chapter.
2.
If the developer does not notify the Municipal Agency that he desires
the application for development to be considered within the time limits
set forth in this chapter, such application for development shall
be processed and acted upon pursuant to the procedures heretofore
in effect at the time of such application.
3.
All approvals granted after the effective date of this chapter shall
confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter, and any amendments, the Borough
Clerk shall file a copy with the Monmouth County Planning Board as
required by N.J.S.A. 40:55D-16. Any zoning ordinance or amendment
or revision which in whole or in part is inconsistent with or not
designed to effectuate the land use plan element and housing plan
element of the master plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
Monmouth County Planning Board.
[Ord. 4/6/95, § 1; Ord. 5/6/04, §§ 2—4; Ord. 2/17/05, § 1; Ord. 12/15/05, §§ 2, 3; Ord. No. 07-008D, § 1; Ord. No. 08-015D, § 1; Ord. No. 09-009D, § 1; Ord. No. 12-013D; Ord.
No. 13-012D § 1; Ord.
No. 14-011D § 2; Ord.
No. 16-007D § 2; 12-15-2020 by Ord. No. 20-008D; 12-15-2020 by Ord. No. 20-016D; 12-13-2022 by Ord. No. 22-008D; amended 9-10-2024 by Ord. No. 24-009D]
The developer shall, at the time of filing an application, pay
a nonrefundable fee to the Borough of Rumson by cash, certified check,
or bank draft in accordance with the current fee schedule adopted
by the Borough Council on file in the Borough Clerk's Office. The
fee to be paid shall be the sum of the fees for the component elements
of the plat or plan. Proposals requiring a combination of approvals
such as subdivision, site plan, and/or variance, shall pay a fee equal
to the sum of the fee for each element. Additional fees may be assessed
for extraordinary review costs not otherwise covered by this section.
The amount of any fees for an informal review shall be a credit toward
fees for review of the application for development. Additional fees
may be assessed for extraordinary review costs not otherwise covered
by this section as a refundable application escrow fee as specified
herein.
e.
Major Site Plan Approval:
1.
Each informal review: $500.00 plus $100.00 per lot.
2.
Preliminary application fee: $500.00.
3.
Preliminary approval review fees:
(a)
(b)
Other Uses: The sum of $300.00 plus:
(1)
For each full 1,000 square feet of lot area: $50.00.
(2)
For each full 500 square feet of proposed new gross floor area:
$50.00.
(3)
For each proposed new or additional parking space: $50.00.
(4)
For each 1,000 square feet of remodeled existing gross floor
area, plus: $25.00.
(5)
For each reconstructed, resurfaced or improved existing paved
parking space, plus $25.00.
(6)
For each proposed freestanding sign: $200.00.
4.
Final Approval: 50% of the fees for preliminary approval noted above.
f.
g.
Conditional Uses: $250.00.
h.
Public Hearing:
For those development applications which require public notice
and hearing: $100.00.
i.
Reproduction of Records:
Duplication of tape recordings: $100.00/meeting.
k.
Environmental Impact Report (EIR):
For those development applications which require review of an
EIR: $400.00
l.
List of property owners furnished: Twenty-five ($0.25) cents per
name or $10, whichever is greater.
m.
Refundable Application Escrow Fees. The fees required by this subsection
shall be for the purpose of reimbursing the Borough for direct fees,
costs, charges and expenses of an extraordinary nature made by the
Borough Engineer and/or professional consultants retained by or on
behalf of the Borough and/or its boards, commissions or agencies in
reviewing, testifying and/or assisting the Borough in the evaluation,
planning and proper design of municipal services and facilities necessary
to accommodate the present or anticipated needs of a proposed development.
1.
The Municipal Agency may determine whether escrow fees will be required in accordance hereof. If an escrow fee is required, charges and expenses of an extraordinary nature made by the Borough Engineer and/or professional consultants will be considered to be those costs which exceed 50% of the nonrefundable application fees posted pursuant to subsection 22-3.14m. Such charges and expenses of an extraordinary nature incurred as a direct or indirect result of a development application may be charged to the refundable application escrow fees.
2.
Within 45 days after filing of an application for development, the Municipal Agency may, in conjunction with appropriate representatives of the staff of the Borough review an application for development to determine whether the escrow amount set forth in subsection 22-3.14m6 hereof is required and/or adequate. In conducting such review, the Municipal Agency shall consider the following criteria:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or
water quality.
(e)
Unusual features of the application including design complications,
alternates, multiple revisions, uniqueness of designs and other factors.
Upon completion of the review and within the 45 day period,
the Municipal Agency shall adopt a resolution specifying whether the
escrow amount specified is required and/or sufficient, excessive or
insufficient. In the event the Municipal Agency shall determine that
the amount is excessive, it shall in the resolution, specify the amount
that shall be deemed sufficient, including a specification, if appropriate,
that no escrow be posted. The Municipal Agency's failure to adopt
a resolution within the 45 day period, or such extension as may be
consented to by the applicant, shall be considered a determination
that no escrow is required. A determination that no escrow is required
shall not prevent the Municipal Agency from requiring an escrow upon
a future revision or amendment of an application or upon a finding
by the Municipal Agency that information disclosed subsequent to the
original 45 day period requires the provision of an escrow. In the
event the Municipal Agency shall determine the amount specified above
is insufficient, it shall so specify and shall set forth the amount
required to be posted in light of the criteria specified herein. Prior
to an application being determined complete, the applicant shall post
the required escrow amount as set forth in the Municipal Agency's
resolution as provided for above, with the Administrative Officer
in the form of cash, certified check or money order.
3.
If, during the pendency of an application, the amount of the escrow
account has been depleted to 25% of the original escrow amount, the
Administrative Office shall notify the Municipal Agency. The Municipal
Agency shall again evaluate the application, as provided for above,
and notify the Administrative Officer and applicant shall immediately
deposit the additional escrow amount with the Administrative Officer
and notify the Municipal Agency that the required deposit has been
made. In the event that it is necessary for a Municipal Agency to
take action on an application prior to the additional escrow deposit
being made, any approval shall be conditioned upon the escrow deposit
being made.
4.
Upon request of an applicant, the Administrative Officer shall furnish
the applicant with a statement of all disbursements made during the
development review process. All bills, invoices or vouchers submitted
by professionals or experts relating to an application shall specify
the services performed for said application. Unit charges (i.e. per
diem or hourly fees) of the professional or experts shall be in accordance
with unit charges contracted for with the Municipal Agency or with
the Borough. All escrow funds not expended shall be refunded to the
applicant within 60 days after the applicant has been withdrawn or
dismissed.
5.
Whenever the amount of the fees paid to the Borough pursuant to this
section exceeds $5,000 the Borough shall notify the applicant in writing
of the name and address of the depository and the amount of the deposit.
If the amount of interest earned on the cash deposit exceeds $100
per annum, that entire amount shall belong to the applicant/developer
and shall be refunded to him by the Borough annually or at the time
the deposit is repaid or applied to the purposes for which it was
originally deposited, as the case may be, except that the Borough
may retain for administrative expenses not more than 1/3 (thirty-three
and one-third (33 1/3%)) percent of the entire interest amount.
6.
Refundable Application Escrow Fees. Development applications involving
residential and nonresidential construction will be subject to all
escrow determined by adding the residential and nonresidential components
shown below:
(a)
Residential Minor Subdivisions Escrow Fees shall be $2,000.00 per
lot proposed.
(b)
Commercial Development
NOTE: Use the greater of the escrow amounts determined from
the floor area and parking space tables below:
|
Based on Floor Area
|
Escrow
|
|---|---|
|
0—1,000 S.F., GFA
|
$2,000.00
|
|
1,001—10,000 S.F., GFA
|
$4,000.00
|
|
10,001—50,000 S.F., GFA
|
$6,000.00
|
|
50,001—100,000 S.F., GFA
|
$9,000.00
|
|
100,001+ S.F., GFA
|
$12,000.00
|
|
Based on Parking Spaces
|
Escrow
|
|
0—5 spaces
|
$2,000.00
|
|
6—25 spaces
|
$5,000.00
|
|
26—100 spaces
|
$15,000.00
|
|
101—500 spaces
|
$20,000.00
|
|
501+ spaces
|
$25,000.00
|
(c)
Development applications requiring Zoning Board of Adjustment Variance Relief, which do not meet the escrow provisions of Section 22-3.14m6(a) or (b), shall post an initial escrow deposit of $1,500.
(d)
$150 shall be the hourly billing rate for reimbursing the Borough
for direct fees, costs, charges and expenses incurred by the Borough
Engineer, unless a fee is otherwise established elsewhere herein.
From time to time, the Borough may utilize Consulting Engineering
Firms to assist the Borough Engineer. The fee shall be based on actual
accrued hourly charges and miscellaneous expenses in accordance with
the current annual contract held by the Borough for Consulting Engineering.
n.
Nonrefundable Inspection Fees.
1.
Minor Site Plan. No inspection fees shall be required for a minor
site plan unless bonded improvements are required as part of the site
plan approval. If a minor site plan requires bonded improvements an
inspection fee of $500 shall be paid by the applicant.
2.
Major Site Plan. Required inspection fees shall be paid prior to
issuance of a development permit or signing of a final plat or, when
authorization has been granted pursuant to the provisions of this
chapter, prior to the start of construction of any improvements before
final plat approval. Such fees shall be paid for the section or sections
for which final approval has been granted or in which the developer
proposes to install improvements prior to final approval.
Inspection fees for major site plan shall be:
3.
Off-Site Public Improvements in Connection with Site Plans or Subdivisions.
Inspection fees shall be the same as those required for major subdivisions.
4.
Major Subdivisions. Required inspection fees shall be paid prior
to issuance of a development permit or signing of a final plat, or
where authorization has been granted pursuant to the provisions of
this chapter, prior to the start of construction of any improvements
before final plat approval. Such fees shall be paid for the lots in
the section or sections granted or in which the developer proposes
to install improvements prior to final approval.
Inspection fees for major, subdivisions shall be determined
from the following table:
|
Amount of Performance Guarantee Estimate
|
Inspection Fees for Major Subdivision
|
|---|---|
|
Less than $200,000.00
|
10% of the Performance Guarantee Estimate ($1,000.00 minimum)
|
|
At least $200,000.00, but less than $1,000,000.00
|
$20,000.00 plus 7% of the excess over $200,000.00
|
|
At least $1,000,000.00 but less than $5,000,000.00
|
$76,000.00 plus 5% of the excess over $1,000,000.00
|
|
$5,000,000.00 or more
|
$276,000.00 plus 4% of the excess over $5,000,000.00
|
o.
Additional Inspection Fee Escrow for Excess Borough Expenses. If
the Municipal Agency determines that a proposed development involves
unusual or complicated aspects which could result in expense to the
Borough in excess of the inspection fees set forth above, the Municipal
Agency may, as a condition of, or of any extension of or amendment
to, final approval, require the developer to provide an additional
escrow deposit. Expenses in excess of the normal inspection fees may
be deducted from the escrow deposit. Any balance shall be returned
to the applicant upon release of performance guarantees and/or issuance
of a final certificate of occupancy. In determining the amount of
any escrow required, the Municipal Agency may consider: the duration
and size of the project; unusual design aspects; the degree and extent
of municipal inspection required and the extent of conformity to normal
municipal design standards.
p.
Reproduction Fees. Costs for reproduction of plats, attachments,
maps or other supporting documentation shall be paid in full by the
requestor prior to release in accordance with current Borough requirements.
q.
Tax Map and GIS Revision Fees. A fee of $200 per lot or unit shall
be charged for all minor and major subdivisions, residential unit
site plans or condominium or cooperative residential or commercial
development to cover the cost of revising the Borough Tax Map. This
fee shall be paid prior to signing of the final plat of a major subdivision
by the Chairman and the Secretary of the Municipal Agency and Borough
Engineer/Surveyor.
r.
Revised Plats. Any proposed revisions to a plat, including all supporting
maps and documents, previously approved by the Planning Board or Zoning
Board of Adjustment, which approval is still in effect, shall require
submission of a revised plat and payment of fees in accordance with
the following:
1.
Where changes in the plat are requested by the Municipal Agency or
Borough Engineer, no fees need be paid and only sufficient copies
of the plat incorporating the changes as may be necessary for distribution,
need be submitted.
2.
Where there are only minor changes in the plat proposed by the applicant
or required by another governmental agency where approval was a condition
of the Planning Board or Zoning Board of Adjustment approval, which
do not involve any additional building or parking or, in the opinion
of the Administrative Officer, significant change in the design of
the site or subdivision, an application fee of 1/2 of the original
fee will be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
3.
Where there are changes in the plat proposed by the applicant, or
required by another governmental agency whose approval was a condition
of the Planning Board or Board of Adjustment approval, which involve
additional building or parking or, in the opinion of the Administrative
Officer, a significant change in the design of the site or subdivision,
an application fee equal to 1/2 the fee required for the initial submissions,
will be required along with sufficient copies of the plat incorporating
the changes as may be necessary for distribution.
4.
Where the proposed changes involve a change in use and/or, in the
opinion of the Administrative Officer, a major alteration of the design
concepts of the plat approved by the Municipal Agency, it shall be
considered a new application and shall require the full payment of
fees as set forth in this section for new applications for development.
t.
Certificate as to Approval of Subdivision of Land: $75.00
u.
Certificate of Pre-existing Use: $75.00
v.
Grading Permit Application for Engineering Review of Individual Plot House Location/Grading Plans per subsection 22-7.27 Soil Removal and Fill.
1.
Lot area less than 7,500 square feet: $200.00
2.
Lot area of 7,500 square feet, but less than 1.5 acres: $300.00
3.
Lot area of 1.5 acres or greater: $500.00
4.
If original submission is not approved, each subsequent resubmission
will require payment of an additional one hundred fifty ($150.00)
dollar review fee. If original submission is approved conditionally,
no additional fee is required.
5.
The plan review fee shall be collected at the time of document submission.
From time to time, the Borough may utilize Consulting Engineering
Firms to assist in the review of plans. The fee shall be based on
actual accrued hourly charges and miscellaneous expenses in accordance
with the current annual contract held by the Borough for Consulting
Engineering.
w.
Site Plan Charges Computation for Partial Site Developments. In cases
where only a portion of a parcel of site are to be involved in the
proposed site plan, a site area charge may be charged based upon an
area extending twenty (20') feet outside the limits of all construction
including grading and landscaping as well as all other areas of site
the Borough Engineer believes are reasonably affected by the development
application. The twenty (20') feet around disturbed areas shall not
extend beyond the property lines. The Borough may still require reasonable
improvements and upgrading to portions of the site not within the
disturbed or affected areas.
x.
Supervision.
1.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English-speaking supervisor
acceptable to the Municipal Official.
2.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Municipal
Official with the names, addresses, phone numbers and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspects of construction for
which each is responsible.
y.
Inspection, Testing and Engineering Administration Fees. Prior to
signing of any final plat, issuance of a development permit or the
start of construction of any more improvements required by the provisions
of this chapter, the developer shall deposit by cash or certified
check with the Borough Clerk an amount determined from the schedule
of inspection fees. Said amount shall be used to defray the cost of
inspection, testing, engineering, administration, and other costs,
and fees paid by the Borough in connection with the inspection and
acceptance of the installation of the required improvements. All monies
received on account of engineering and inspection fees shall be deposited
by the Borough in an appropriate account. The Borough shall arrange
for the Borough Engineer, the appropriate municipal officials or other
qualified persons to provide all necessary administrative and engineering
services. $150 shall be the hourly billing rate for reimbursing the
Borough for direct fees, costs, charges and expenses incurred by the
Borough Engineer, unless a fee is otherwise established elsewhere
herein.
z.
(Reserved)
aa.
Recovery of Borough Costs Related to Inaccurate Submissions.
1.
The Zoning Officer or Administrative Officer, who may seek the advice
and assistance of the Borough Engineer and/or Construction Official,
may review and check the accuracy of any application for development.
2.
The cost of such review and checking, in relation to applications for development which involve a site plan, subdivision or variance application, shall be borne by the applicant in accordance with this subsection 22-3.14.
3.
The cost of such review and checking in relation to other applications
for development shall not be the responsibility of the applicant if
no material errors are uncovered.
4.
If material errors which require revisions and/or resubmissions are uncovered, the entire cost of such review and checking and the cost of reviewing subsequent revised submissions shall be borne by the applicant in accord with the provisions of subsection 22-3.14m, and the Zoning Officer or Administrative Officer shall not issue any approval until any required escrow is provided and any escrow deficiency is eliminated.
bb.
Stormwater Management and Control Fees.
1.
When determining subdivision or site plan review and inspection fees required by subsections 22-3.14m, n or o, the Administrative Officer or Municipal Agency may consider the extent, nature and cost of the effort required to comply with Chapter 16, Section 16-2, Stormwater Management and Control, of the Revised General Ordinances of the Borough of Rumson.
2.
When reviewing a development permit application for development which is subject to the provisions of Chapter 16, Section 16-2, Stormwater Management and Control, of the Revised General Ordinances of the Borough of Rumson and exceeds the stormwater management thresholds contained in subsection 16-2.2c,2, but does not involve a site plan or subdivision, the Administrative Officer and/or Zoning Officer shall determine fees in the same manner as fees would be determined for site plans pursuant to subsections 22-3.14m, n or o including provision of refundable escrow fees when appropriate.
The purpose of this section is to establish the procedure for
review and action on applications requiring subdivision, site plan,
conditional use, or variance approval. The procedure is intended to
provide orderly and expeditious processing of such applications.
In all zones for all proposed uses, subdivision, site development
or construction other than an "exempt development," site plan and/or
subdivision approval shall be required prior to:
a.
Subdivision of Land.
b.
Issuance of a Development Permit or Building Permit.
c.
Commencement of any regulated use or activity, which includes:
1.
The erection, construction, alteration, repair, remodeling, conversion,
removal or destruction of any building or structures;
2.
The use or occupancy of any building, structure or land;
3.
The subdivision or resubdivision of any land;
4.
Any activity which entails the construction of any improvements or
the alteration of the natural condition of any land.
a.
At the request of the applicant, the Planning Board shall grant an
informal review of a concept plan for a development for which the
applicant intends to prepare and submit an application for development.
The purpose of the concept plan is to provide Planning Board
input in the formative stages of subdivision and site plan design.
b.
Applicants seeking concept plan informal review shall submit the items stipulated in Section 22-12 of this chapter 24 days before the concept plan meeting. These items provide the developer and Planning Board with an opportunity to discuss the development proposal in its formative stages.
c.
A brief written summary of the concept plan review shall be provided
within 30 working days after the meeting.
d.
The applicant will be charged the fee established for concept plan
review. The amount of any fee for such informal review shall be a
credit towards fees for review of the application for development.
Only one concept plan review fee shall be credited.
e.
The applicant shall not be bound by any concept plan for which review
is requested, nor shall the Planning Board be bound by any such review.
f.
The applicant uses the information resulting from any concept plan
review entirely at the applicant's own risk. The applicant shall make
no claim against the Borough, the Municipal Agency or any of their
agents or employees which is in any way related to a concept plan
review.
a.
Assignment. The applicant shall have the option of filing an application
for development with the Administrative Officer or his designee to
which approvals are required and the appropriate Board for hearing
same, or of filing an application and proceeding before the Board
which the applicant believes to be appropriate. The Administrative
Officer's or his designee's determination shall be presumed to be
correct. The following applications may be filed:
1.
Exempt subdivision.
2.
Minor subdivision.
3.
Major subdivision.
4.
Minor site plan.
5.
Major site plan.
6.
Conditional use.
7.
Variance.
(Note: Certain applications may involve a combination of actions.
Where an application is filed with the wrong Board, the Board shall
deny the application without prejudice. The applicant may proceed
to the correct approving authority.)
b.
Content. An application for development shall include the items specified in Section 22-12, Specification of Documents, of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.
c.
Complete Application.
1.
A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period unless: (a) the application lacks information indicated on the checklist of items specified in Section 22-12; (b) the checklist has been provided in writing to the applicant; and (c) the Municipal Agency of its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary to approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.
2.
An applicant may appeal the Administrative Officer's decision concerning
completeness of an application to the Municipal Agency which has jurisdiction
to hear the application. The Municipal Agency shall have 45 days after
receipt of a written request to schedule a public hearing at which
time the Municipal Agency will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision of the Administrative
Officer.
a.
In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70d or does not involve a site plan or subdivision but requires a variance pursuant to N.J.S.A. 40:55D-7C or requires the direction for issuance of a Building Permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b the applicant shall submit to the Administrative Officer 12 copies of the items required in Section 22-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b.
The application shall be declared complete or incomplete within a 45 day period from the date of its submission according to the provision of subsection 22-4.3c, of this chapter.
c.
The Board of Adjustment shall render a decision not later than 120
days after the date: (1) an appeal is taken from the decision of an
Administrative Officer; or (2) the submission of a complete application
for development to the Board of Adjustment; (3) failure of the Board
to render a decision within the 120 day period or within such further
time as may be consented to by the applicant, shall constitute a decision
favorable to the applicant.
[Ord. No. 07-008D, § 1; Ord. No. 12-013D; Ord.
No. 16-007D § 3]
a.
Any applicant requesting approval of a proposed minor subdivision or minor site plan as defined in this chapter shall submit to the Administrative Officer 15 copies of the items required in Section 22-12 of this chapter, together with an executed application form, the prescribed fee, and evidence that no taxes or assessments are outstanding against the property.
b.
The application shall be declared complete or incomplete within a 45 day period from the date of its submission according to the provisions of subsection 22-4.3c of this chapter.
c.
The minor subdivision or site plan shall be referred to the Planning
Board or, if a variance pursuant to N.J.S.A. 40:55D-7d. is required,
to the Zoning Board of Adjustment.
d.
The action of the Municipal Agency under this section must be taken
within 45 days, or 120 days if a variance is required or within such
further time as is agreed to by the applicant and the Municipal Agency.
Failure of the Municipal Agency to act within the period prescribed
shall constitute minor subdivision or site plan approval and a certificate
of the Administrative Officer as to the failure of the Municipal Agency
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, herein required, and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
e.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, N.J.S.A.
46:23-9.9 et seq., or a deed clearly describing the approved minor
subdivision is filed by the developer with the County Recording Officer,
the Municipal Engineer and the Municipal Tax Assessor as specified
by N.J.S.A 40:55D-1 et seq. Any such plat or deed accepted for such
filing shall have been signed by the Chairperson and Secretary of
the Municipal Agency.
f.
Prior to the signing of the final plans, the issuance of any construction
permits or the start of any construction, the applicant shall submit
one standard AutoCAD .DWG or .DXF file copy (on a CD, DVD or other
recordable media) of the final layout plan and/or final plat. The
AutoCAD file shall be used for municipal purposes only. The file shall
include the following minimum information:
1.
Location and distances of all existing and proposed property lines.
2.
Location of all existing and proposed easements.
3.
Existing and proposed roadways (edge of pavement and/or curb).
4.
Location of all existing and proposed sanitary and storm sewers.
5.
All existing and proposed block and lot numbers.
All line and text elements shall be on separate layers, and
all the above items shall be on separate layers. Each CD, DVD or other
recordable media shall be labeled with the name of the subdivision
and/or site plan, the name of the applicant, and the tax map block
and lot numbers for future identification. Additionally, a portable
document format (PDF) file of the signed plans shall be submitted
with the above referenced AutoCAD files. The PDF files shall be 400
dpi resolution or greater and shall contain all the required signatures
of approval.
g.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision and site plan
approval was granted, shall not be changed for a period of two years
after the date of minor subdivision and site plan approval.
[Ord. No. 12-013D; Ord. No. 16-007D, § 4]
a.
Preliminary Approval of Major Subdivisions and Major Site Plans.
1.
The applicant seeking preliminary major sub-division or preliminary major site plan approval shall submit to the Administrative Officer 15 copies of the materials stipulated in Section 22-12 of this chapter.
2.
The application shall be declared complete within a 45 day period from the date of its submission according to the provisions of subsection 22-4.3c of this chapter.
3.
The application for major subdivision or major site plan shall be
referred to the Planning Board or, if a variance pursuant to N.J.S.A.
40:55D-7D is required, to the Zoning Board of Adjustment.
4.
A complete application for a subdivision of 10 or fewer lots, or
for a site plan of 10 acres of land or less or 10 dwelling units or
less, shall be acted upon within 45 days of the date of such submission,
or 120 days if a variance is required, or within such further time
as may be consented to by the developer. A subdivision of more than
10 lots, or a site plan that involves more than 10 acres of land or
more than 10 dwelling units, shall be acted upon within 95 days of
the date of such submissions, or 120 days if a variance is required,
or within such further time as may be consented to by the developer.
Otherwise, the Municipal Agency shall be deemed to have granted preliminary
subdivision or site plan approval.
b.
Effect of Preliminary Approval of Major Subdivisions and Major Site
Plans. Preliminary approval of a major subdivision and site plan shall,
except as provided in paragraph d of this subsection, confer upon
the applicant the following rights for a three year period from the
date of the preliminary approval as specified by N.J.S.A. 40:55D-1
et seq.:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot sizes; yard dimensions and off-tract improvements; and in the
case of a site plan, any requirements peculiar site plan approval
pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be
construed to prevent the municipality from modifying by ordinance
such general terms and conditions of preliminary approval as related
to public health and safety;
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat or site plan, as the
case may be; and
3.
That the applicant may apply for and the Planning Board may grant
extension on such preliminary approval for additional periods of at
least one year but not to exceed a total extension of two years, provided
that if the design and improvement standards have been revised by
ordinance, such revised standards may govern.
4.
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Board may grant the rights referred to in paragraphs
a, b, and c above for such period of time, longer than three years,
as shall be determined by the Planning Board to be reasonable taking
into consideration: (a) the number of dwelling units and no residential
floor area permissible under preliminary approval; (b) economic conditions;
and (c) the comprehensiveness of the development. The applicant may
apply for thereafter and the Planning Board may thereafter grant an
extension to preliminary approval for such additional period of time
as shall be determined by the Planning Board to be reasonable taking
into consideration: (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval; (2) the potential
number of dwelling units and nonresidential floor area of the section
or sections awaiting final approval; (3) economic conditions; and
(4) the comprehensiveness of the development; provided that if the
design and improvement standards have been revised, such revised standards
may govern.
5.
Where a developer plans to install the improvements prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Municipal Engineer and the required fees and insurance certificate to the Municipal Clerk, who shall act upon them within 35 days. In the event of a denial, the specific reasons must be enumerated in letter to the applicant. If revised plans are submitted in response to the denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for a denial. After the plans are approved, the developer may install the improvements prior to final approval. In addition to or as part of the performance guarantees, the developer shall be required to furnish a restoration bond for 120% of the maximum cost of restoring the site in the event that the improvements are not complete within two years from the commencement of the work on any section in the development or prior to the expiration of preliminary approval, whichever occurs first. The bond shall either be a security bond, a letter of credit, or an escrow account in accordance with Section 22-10.
c.
Final Approval of Major Subdivisions and Major Site Plans.
1.
An applicant requesting final approval of a proposed major subdivision and site plan shall submit to the administrative officer or other designee, 15 copies of the materials specified in Section 22-12 of this chapter. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Municipal Agency. The final plat shall also be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed, and/or certified in the amount of performance guarantees required to assure completion of those improvements not yet installed as stipulated in Section 22-10 of this chapter.
3.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Administrative Officer, or other
designee, or within such further time as may be consented to by the
applicant. Failure of the Municipal Agency to act within the period
prescribed shall constitute final approval and a certificate of the
Administrative Officer as to the failure of the Municipal Agency to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the county recording
officer for purpose of filing subdivision plats.
4.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat by the Chairman and Secretary of the Municipal
Agency unless within such period the plat shall have been duly filed
by the developer with the County Recording Officer. The Municipal
Agency may for good cause shown, extend the period for recording for
an additional period not to exceed 190 days from the date of signing
of the plat.
5.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Municipal Agency as indicated on the instrument by the signature of the Chairman and Secretary of the Municipal Agency of a certificate has been issued. The signatures of the Chairman and Secretary of the Municipal Agency shall not be affixed until the developer has posted the guarantees required pursuant to Section 22-10 of this chapter.
6.
Prior to the signing of the final plans, the issuance of any construction
permits or the start of any construction, the applicant shall submit
one standard AutoCAD .DWG or .DXF file copy (on a CD, DVD or other
recordable media) of the final layout plan and/or final plat. The
AutoCAD file shall be used for municipal purposes only. The file shall
include the following minimum information:
(a)
Location and distances of all existing and proposed property
lines.
(b)
Location of all existing and proposed easements.
(c)
Existing and proposed roadways (edge of pavement and/or curb).
(d)
Location of all existing and proposed sanitary and storm sewers.
(e)
All existing and proposed block and lot numbers.
All line and text elements shall be on separate layers, and
all the above items shall be on separate layers. Each CD, DVD or other
recordable media, shall be labeled with the name of the subdivision
and/or site plan, the name of the applicant, and the tax map block
and lot numbers for future identification. Additionally, a portable
document format (PDF) file of the signed plans shall be submitted
with the above referenced AutoCAD files. The PDF files shall be 400
dpi resolution or greater and shall contain all the required signatures
of approval.
d.
Effect of Final Approval of Major Subdivisions and Major Site Plans.
1.
The zoning requirements applicable to the preliminary approval granted
and all other rights conferred upon the developer pursuant to preliminary
approval whether conditionally or otherwise shall not be changed for
a period of two years after the date of final approval; provided that
in the case of major subdivision the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A. 40:55D-54. If the developer has followed
the standards prescribed for final approval and in the case of a subdivision
has duly recorded the plat, the Municipal Agency may extend such period
of protection for extensions of one year, but not to exceed three
extensions.
2.
In the case of a subdivision or site plan for a planned development
of 50 acres or more, conventional subdivision or site plan for 150
acres or more, or site plan for development of a nonresidential floor
area of 200,000 square feet or more, the Municipal Agency may grant
the rights referred to in paragraph a of this subsection for such
period of time, longer than two years, as shall be determined by the
Municipal Agency to be reasonable taking into consideration: (a) the
number of dwelling units and nonresidential floor area permissible
under final approval; (b) economic conditions; and (c) the comprehensiveness
of the development. The developer may apply for and the Municipal
Agency may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Municipal
Agency to be reasonable taking into consideration: (1) the number
of dwelling units and non-residential floor area permissible under
final approval; (2) the number of dwelling units conditions; and (3)
the comprehensiveness of the development.
a.
Whenever an application for approval of a subdivision plat, site
plan, or conditional use includes a request for relief pursuant to
N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by a developer
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. In the
event that the developer elects to submit separate consecutive applications,
the aforesaid provision shall apply to the application for approval
of the variance of direction for issuance of a permit. The period
for granting or denying any subsequent approval shall be as otherwise
provided in this chapter. Failure of the Planning Board to act within
the period prescribed shall constitute approval of the application
and a certificate of the Administrative Officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
b.
Whenever relief is requested pursuant to this section, notice of
the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
c.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
d.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (C.40:27-6.3),
in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (C.
40:27-6.6), in the case of a site plan, the Borough Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
An applicant may claim approval of his application for development
by reason of the failure of the approving authority to act within
the time period prescribed by complying with the following provisions:
a.
The applicant shall provide notice of the default approval to the
Municipal Agency and to all those entitled to notice by personal service
or certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to N.J.S.A. 40:55D-12.
b.
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough, if there be one,
or in a newspaper of general circulation in the Borough.
c.
The applicant shall file an affidavit of proof of service and publication
with the Administrative Officer.
d.
Upon satisfaction of these requirements by the applicant, the Administrative
Officer shall, if he or she agrees with the facts as set forth by
the applicant in the notice of default approval, issue a certificate
of default approval and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required, and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats.
e.
If the Administrative Officer does not agree with the facts as set forth by the applicant in the notice of default approval, he or she shall so notify the applicant and the Municipal Agency, setting forth the specific items of disagreement, within 30 days of the date the applicant submits the proof of service and publication as required by subsection 22-4.8c hereof. Unless appealed pursuant to subsection 22-3.2k, 1(a) hereof, the decision of the Administrative Officer shall be conclusive.
[Ord. 7/11/91, §§ 2,
3; Ord. No. 1-20-00, § II; Ord. No. 08-014D; Ord.
No. 14-007D; Ord. No. 18-002D; amended 12-15-2020 by Ord. No. 20-016D; 10-10-2023 by Ord. No. 23-006D]
a.
Establishment, Authentication, Maintenance, and Revision.
1.
Zoning Map. The locations and boundaries of the districts of the
Borough are hereby established as shown on the Zoning Map of the Borough
of Rumson, New Jersey which is attached hereto and is hereby made
a part of this chapter, together with all notations, references and
designations shown thereon and dated December 6, 1989 last revised
October 10, 2023.
Note: See Zoning Map which is included as an attachment to this chapter.
2.
Schedule of District Regulations.[1] District regulations for zone districts within the Borough
of Rumson are hereby established and are attached hereto and are hereby
made a part of this chapter, together with all notations, references
and designations shown thereon.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
3.
Authentication of Official Zoning Map. Subsequent to the adoption
of this chapter, and any revisions to the Zoning Map three copies
of the Zoning Map shall be authenticated by the Mayor's signature,
and the seal of the municipality, attested by the Borough Clerk, under
the following certificate:
"I certify that this is the Official Zoning Map of the Borough
of Rumson, New Jersey, referred to in the Ordinances of the Borough
of Rumson, New Jersey."
4.
Maintenance of the Official Zoning Map. Authenticated copies of the
Official Zoning Map shall be maintained in the office of the Borough
Clerk and Zoning Officer and shall be made available for public reference.
Copies of all or a part of the official Zoning Map may be reproduced
for public distribution. One authenticated copy shall be forwarded
to the Monmouth County Planning Board in accordance with N.J.S.A.
40:55D-16. However, the original copy of the Official Zoning Map maintained
in the Office of the Borough Clerk shall be the final authority as
to the current status of zoning districts in the Borough of Rumson.
5.
Revisions to the Official Zoning Map.
(a)
When, in accordance with the provisions of this chapter and
of State Law, revisions are made in district boundaries or other matters
portrayed in the Zoning Map, such changes will not become effective
until the Zoning Map has been amended, with an entry bearing the date
of adoption, ordinance number, a brief description of the change(s).
(b)
Each revision shall be authenticated by the Mayor and attested
by the Borough Clerk. Each ordinance amending the Official Zoning
Map in any manner shall include the provision that it shall not take
effect until the Official Zoning Map has been amended in accordance
with these provisions.
(c)
No changes of any nature shall be made to the Official Zoning
Map except in conformity with the above procedure. Any unauthorized
changes to the map or its contents by any person or persons shall
be considered a violation of this chapter.
b.
Interpretation of District Boundaries.
1.
Zone district boundaries are intended to follow street, lot or property
lines, or other natural lines such as the center line of water courses,
ditches or lagoons, unless such district or zone boundaries are fixed
by dimension on the Zoning Map or by description, and shall include
contiguous riparian lands subsequently acquired and/or filled, and
lands acquired by the accretion or stream diversion by natural causes.
2.
In constructing the Official Zoning Map, the following rules shall
apply:
(a)
Boundaries indicated as following the center lines of streets,
highways or alleys or streams, rivers or other bodies of water shall
be construed to follow such center lines.
(b)
Boundaries indicated as approximately following plotted lot
lines shall be construed as following such lot lines.
(d)
Where a zone boundary fixed by dimensions approximately follows
and is not more than twenty (20') feet distant from a lot line, such
lot line shall be construed to be the zone boundary.
[Ord. 2/16/95, § 1; Ord. 12/5/02, § 2; amended 12-15-2020 by Ord. No.
20-016D; 10-10-2023 by Ord. No. 23-006D]
a.
The Borough of Rumson is hereby divided into districts as follows:
R-1 Residential Zone District
R-2 Residential Zone District
R-3 Residential Zone District
R-4 Residential Zone District
R-5 Residential Zone District
R-6 Residential Zone District
POB Professional Office Building Zone District
GB General Business Zone District
NB Neighborhood Business Zone District
POS Public Facilities and Open Space Zone District
RSC Rumson Road Scenic Corridor Overlay District
H-BP Historic-Barley Point, Seasonal Residential District
ROI-2 Residential Overlay Inclusionary District-2
ROI-4 Residential Overlay Inclusionary District-4
ROI-5 Residential Overlay Inclusionary District-5
FIIO Faith Institution Inclusionary Overlay District
BA Bingham Avenue Housing Zone District
RR Rumson Road Housing Zone District
AH-1 Carton Street Affordable Housing Zone
MUMFO Mixed Use and Multi-Family Overlay Zone
AH-2 West River Road Affordable Housing Zone
b.
The regulations set forth in this chapter for each district shall
be minimum regulations and shall apply uniformly to each class of
structure or land within the district, except as hereinafter provided.
c.
No building or structure shall hereafter be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building or portion of a building or structure
be used, designed, or arranged to be used for any purpose unless in
conformity with all of the regulations herein specified for the district
in which it is located.
Notwithstanding any provision of the Ordinances of the Borough
of Rumson to the contrary, a building occupied as a residential dwelling
may continue to be so occupied during the construction of a second
dwelling on the same lot for a period of not more than one year from
the commencement of construction of the new dwelling or until 30 days
after this issuance of a certificate of occupancy for the newly constructed
dwelling, whichever shall first occur, provided that the newly constructed
dwelling when completed will conform in all respects with the Ordinances
of the Borough of Rumson and that the owner posts with the Borough
Clerk a surety bond in a form and amount satisfactory to the Borough
Attorney, which shall guarantee that the owner shall vacate and shall
satisfactorily demolish the dwelling within 30 days of the issuance
of a certificate of occupancy for the newly constructed dwelling.
d.
Every principal building shall be located on a lot as defined in
this chapter. Except for multi-family and nonresidential development
no more than one principal building and its accessory buildings shall
hereafter be erected on any one lot.
e.
Yards or lots created after the effective date of this chapter shall
meet the minimum requirements established by this chapter.
[Ord. No. 08-015D, § 1; Ord. No. 16-007D § 5; Ord. No. 18-002D; 12-15-2020 by Ord. No. 20-008D; 7-13-2021 by Ord. No. 21-006D; 7-13-2021 by Ord. No. 21-009D; 12-13-2022 by Ord. No. 22-008D]
a.
Any use, except for municipal essential services, or municipal park/recreation
space or municipal open space, which is not specifically listed as
a permitted use, an accessory use or a conditional use shall be deemed
a prohibited use.
b.
Prohibited uses shall include but not be limited to the following:
1.
All billboards, signboards, advertising signs and devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
2.
Carousel, merry-go-round, roller coaster, ferris wheels, whirl-a-gig,
pony or train rides, midways or side shows, and similar outdoor commercial
recreation uses.
3.
Auction markets.
4.
Outdoor sales of new or used motor vehicles or trailer coaches.
5.
Trailer coach parks.
6.
Junk yards, automobile wrecking yards or disassembly yards, or the
sorting of scrap metal, paper, rags, or other scrap material, except
for recycling operations operated by or with the approval of the Borough.
7.
Migrant labor camps.
8.
Privately operated dumps for the disposal of garbage, trash, refuse,
junk, or other such material.
9.
Adult book stores.
10.
Peep shows.
11.
Massage parlors.
12.
Amusement arcade.
13.
Explosive storage, except small arms ammunition, or by special permit,
where explosives are to be used on the premises.
14.
Drive-in restaurants.
15.
Incineration, reduction, storage or dumping of slaughterhouse refuse,
rancid fats, garbage, or dead animals.
16.
Kennels, veterinary hospitals and sale of dogs and cats.
17.
Manufacturing plants.
18.
The open storage in any yard, of more than one, or, in a front yard,
of any unlicensed or inoperative motor vehicle, or the new or used
parts of any motor vehicle or trailer, or material which has been
a part of any motor vehicle or trailer.
19.
The overnight storage of any commercial vehicle in residential zones,
except that one such vehicle having a gross weight of not more than
8,000 pounds may be stored as an accessory use to the principal permitted
use.
20.
Radio towers and antennas except as herein permitted.
21.
Slaughtering and slaughterhouses.
22.
Travel trailer parks, trailer parks, mobile home parks, and overnight
or tourist cabins.
23.
Any airport, landing field, landing strip, heliport, helistop, off-heliport
landing site, sport parachuting center or any other facility used
for the landing or take off of any aircraft, either as a primary use
or as a use accessory, auxiliary or incidental to any primary use.
24.
The manufacture, transportation, storage or utilization of genetically
engineered material.
25.
The use of boats or vehicles as residential dwellings.
26.
Body art procedure establishments.
27.
Fortunetellers, palm readers, psychics and mediums.
28.
Pet shops and the retail sale of pets and/or animals.
29.
Cannabis establishments, distributors and delivery services. Pursuant
to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in the Borough
of Rumson, except for the delivery of cannabis items and related supplies
by a licensed cannabis delivery service based and initiated from a
cannabis delivery service licensed location outside of the Borough
of Rumson.
30.
Commercial
businesses are not permitted in a residential zone when you have multiple
employees, with multiple being defined as two or more employees that
are not legal residents of a property within the residential zone.
[Ord. 3/18/04, § 2; Ord. 5/6/04, § 3; Ord. No. 07-008D, § 1; Ord. No. 18-006D § 3]
c.
Permitted Accessory Uses and/or Structures.
1.
Customary accessory uses and buildings subject to Section 22-7 provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.
4.
Swimming pools shall be permitted, however in no event shall a pool
be of the above ground type.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 3/18/04, § 2; Ord. 5/6/04, § 4; Ord. No. 07-008D, § 1; Ord. No. 18-006D § 4]
c.
Permitted Accessory Uses.
1.
Customary accessory uses are subject to Section 22-7 provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.
4.
Swimming pools shall be permitted, however in no event shall a pool
be of the above ground type.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 4; Ord. 3/18/04, § 2]
c.
Permitted Accessory Uses.
1.
Customary accessory uses and structures subject to Section 22-7 provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located on the same lot as the principal building.
4.
Swimming pools shall be permitted, however in no event shall a pool
be of the above ground type.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 5; Ord. 3/18/04, § 2; Ord. No. 07-008D, § 1; amended 9-10-2024 by Ord. No. 24-009D]
b.
Required Accessory Uses or Structures.
2.
For lots and structures existing at the time of this chapter, existing
garages shall not be enclosed or converted to another use without
the owner constructing a conforming replacement garage for the same
number of automobiles.
3.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be provided in conjunction with
the development of a single-family dwelling as follows:
(a)
For the construction of a new single-family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
4.
Swimming
pools shall be permitted, however in no event shall a pool be of the
above ground type.
c.
Permitted Accessory Uses.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 6; Ord. 3/18/04, § 2; Ord. No. 07-008D, § 1; amended 9-10-2024 by Ord. No. 24-009D]
a.
Permitted Uses.
1.
Detached single-family dwellings.
2.
Tradesmen such as plumbers, electricians, carpenters, heating and
air-conditioning repairmen, who are resident occupants of the principal
building may conduct their business from the premises; provided however,
that no supplies or inventory shall be kept, maintained, stored or
repaired on the premises and that no more than one truck (panel or
pick-up) of not more than 8,000 pounds GVW may be parked, stored,
or garaged at any one time upon the premises.
b.
Required Accessory Uses.
2.
For lots and structures existing at the time of this chapter, existing
garages shall not be enclosed or converted to another use without
the owner constructing a conforming replacement garage for the same
number of automobiles.
3.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be provided in conjunction with
the development of a single family dwelling as follows:
(a)
For the construction of a new single family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
4.
Swimming
pools shall be permitted, however in no event shall a pool be of the
above ground type.
c.
Permitted Accessory Uses.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 7; Ord. 3/18/04, § 2; Ord. No. 07-008D, § 1; amended 9-10-2024 by Ord. No. 24-009D]
a.
Permitted Uses.
1.
Detached single-family dwellings.
2.
Home occupations, such as dressmaking, hat trimming, art work and
home cooking; provided that such occupation shall be conducted solely
by the family residing in the principal building, that not more than
the equivalent of 1/2 the area of one floor shall be used for such
purposes, and that no display of products made shall be visible from
the street.
3.
Tradesmen such as plumbers, electricians, carpenters, heating and
air-conditioning repairmen, who are resident occupants of the principal
building may conduct their business from the premises; provided however,
that no supplies or inventory shall be kept, maintained, stored or
repaired on the premises and that no more than one truck (panel or
pick-up) of not more than 8,000 pounds GVW may be parked, stored,
or garaged at any one time upon the premises.
b.
Required Accessory Uses.
2.
For lots and structures existing at the time of this chapter, existing
garages shall not be enclosed or converted to another use without
the owner constructing a conforming replacement garage for the same
number of automobiles.
3.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be provided in conjunction with
the development of a single-family dwelling as follows:
(a)
For the construction of a new single-family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
4.
Swimming
pools shall be permitted, however in no event shall a pool be of the
above ground type.
c.
Permitted Accessory Uses.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter..
[Ord. 7/11/91, § 8; Ord. 3/18/04, § 2; Ord. 5/6/04, § 6; Ord.
No. 07-008D, § 1]
b.
Required Accessory Uses.
4.
For residential lots and structures existing at the time of this
chapter, existing garages shall not be enclosed or converted to another
use without the owner constructing a conforming replacement garage
for the same number of automobiles.
5.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be required in conjunction with
the development of a single-family dwelling as follows:
(a)
For the construction of a new single-family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 9; Ord. 6/5/97, § 1; Ord. 3/18/04, § 2; Ord.
5/6/04, § 7; Ord. No.
07-008D, § 1; Ord. No.
12-013D; Ord. No. 13-012D § 2; Ord. No. 18-002D]
a.
Permitted Uses.
1.
The following uses are permitted only where frontage and primary
access are provided on Bingham Avenue, Center Street or River Road,
or on First Street, Lafayette Street or Washington Street north of
River Road:
(a)
Professional office.
(b)
Business office.
(c)
Banks.
(d)
Retail trade limited to the following:
(1)
Paint, glass, and wallpaper stores.
(2)
Hardware stores.
(3)
Variety stores.
(4)
Grocery stores.
(5)
Meat and seafood markets.
(6)
Candy, nut, and confectionery stores.
(7)
Apparel and accessory stores.
(8)
Home furniture furnishings and equipment stores.
(9)
Drug stores.
(10)
Liquor stores.
(11)
Florists.
(12)
(Reserved)
(13)
Optical goods stores.
(14)
Antique stores.
(15)
Delicatessen/Prepared food take-out stores.
(16)
Retail Bakery without seating.
(e)
Personal services limited to the following:
(1)
Dry cleaners and laundry services.
(2)
Photography studios.
(3)
Beauty shops.
(4)
Barber shops.
(5)
Shoe repair shops.
(6)
Printing services.
(7)
Radio and television repair shops.
(8)
Electronic/electrical repair shops.
(9)
Watch, clock, and jewelry repair shops.
(10)
Reupholstery and furniture repair shops.
(11)
Travel agencies.
(12)
Photocopying and duplicating.
(13)
Certified professional fitness training centers.
(14)
Tailoring shops.
b.
Required Accessory Uses.
4.
For residential lots and structures existing at the time of this
chapter, existing garages shall not be enclosed or converted to another
use without the owner constructing a conforming replacement garage
for the same number of automobiles.
5.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be provided in conjunction with
the development of a single-family dwelling as follows:
(a)
For the construction of a new single-family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
c.
Permitted Accessory Uses.
e.
Zoning requirements, standards and regulations shall be in accordance with the Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
[Ord. 7/11/91, § 10; Ord. 1/20/00; § 1; Ord. 3/18/04, § 2; Ord.
5/6/04; Ord. No. 07-008D, § 1]
a.
Permitted Uses.
1.
The following principal uses are permitted only where frontage and
primary access are provided on Avenue of Two Rivers from Bay Street
to Blossom Road and/or Ridge Road:
Any use permitted in the General Business Zone.
b.
Required Accessory Uses.
4.
For residential lots and structures existing at the time of this
chapter, existing garages shall not be enclosed or converted to another
use without the owner constructing a conforming replacement garage
for the same number of automobiles.
5.
An attached or detached garage for the storage of at least one but
not more than three vehicles shall be required in conjunction with
the development of a single-family dwelling as follows:
(a)
For the construction of a new single-family dwelling pursuant
to any development permit issued on or after the effective date of
this subsection amendment.
(b)
For the expansion of a single-family dwelling pursuant to any
development permit issued on or after the effective date of this subsection
amendment provided that the expansion would increase the floor area
by 1,000 square feet.
c.
Permitted Accessory Uses.
e.
Zoning requirements, standards and regulations shall be in accordance with Schedule of Zoning District Regulations referred to in subsection 22-5.1a and included as an attachment to this chapter.
a.
Permitted Uses.
1.
Borough parks, playgrounds, open space and other such municipal recreation
facilities and uses as are deemed appropriate by the Borough Council.
2.
Elementary and secondary schools.
3.
Other buildings of a governmental or cultural nature.
4.
Detached single-family dwellings conforming to the criteria of the
R-1 Zone District except that the minimum lot area shall be three
acres.
[Ord. 12/5/02 § 3; Ord. 10/6/05 § 2; Ord. No. 13-003D § 1; Ord. No. 13-012D § 2; Ord. No. 14-004D § 1; Ord. No. 14-011D § 3]
c.
Permitted Accessory Uses.
1.
Customary accessory uses incidental to the principal use and not
including any activity commonly conducted as a business. No accessory
buildings are permitted except one storage shed with a floor area
not to exceed 50 square feet for each residential bungalow unit.
2.
Exempt signs subject to the provisions of subsection 22-7.24d, except that contractor's advertising signs are expressly prohibited.
4.
Boat launch for the private use of the occupants of the seasonal
residential bungalow colony.
e.
Zoning requirements, standards and regulations shall be in accordance
with the following:
1.
Minimum Lot Area. 30 acres.
2.
Minimum Lot Frontage. Thirty (30') feet.
3.
Minimum Setbacks from the River. Forty (40') feet from a bulkhead
or other structural edge if any exist. If none exist, the setback
shall be twenty-five (25') feet from the mean high water (mhw) line.
4.
Maximum Number of Units. No more than 57 residential bungalow units
shall be permitted.
5.
Maximum Lot Coverage. Maximum lot coverage shall not exceed 20% of
the lot area.
6.
Building Coverage. Not to exceed 1,100 square feet in area per residential
bungalow unit excluding decks and accessory buildings.
7.
Decks/Balconies/Stoops. Each residential bungalow unit shall be permitted
an attached deck and/or balcony and an entrance stoop subject to the
following conditions:
(a)
The aggregate area of all stoops, unroofed decks and/or balconies
that extend outside of the exterior first floor walls, or the vertical
projection of the exterior first floor walls, shall not exceed 230
square feet.
(b)
Any roofed deck and/or balcony, except that portion under an eave permitted by subsection 22-5.14e,14, shall be considered gross floor area subject to the maximum gross floor area permitted by subsection 22-5.14.8.
(c)
The area of stair treads or landings shall not be measured as
part of the stoop.
(d)
The stoop or unroofed deck may be expanded an additional 15
square feet for the placement of mechanical equipment, such as an
air-conditioning unit, provided that the total area of the expanded
stoops, unroofed decks and balconies shall not exceed 245 square feet.
(e)
The area of a stoop beneath an eave shall not be calculated
as part of the maximum gross floor area permitted for the residential
bungalow unit.
8.
Maximum Gross Floor Area. The maximum gross floor area of a residential
bungalow unit shall not exceed 1,500 square feet.
9.
Building Height. The height of a residential bungalow unit shall not exceed nineteen (19') feet from the finished first floor to the highest point on the roof. The highest point of roof peak shall not be more than twenty-one (21') feet above the minimum first floor elevation as required by the National Flood Insurance Program (FEMA) as shown on the adopted DFIRM or the Advisory Base Flood Elevation Map identified within the Documents referenced in subsection 17-3.2, whichever is greater.
11.
Parking. A minimum of one space per building unit shall be provided
within an on-site parking area. No on-street parking shall be permitted.
12.
Roof Design. Residential bungalow units shall be limited to the following
roof types: Gable, Gambrel, and Hip as defined in this chapter. Roof
design shall meet the following provisions:
(a)
Neither the bottom of an eave nor the top of a wall plate at
the connection to the roof rafter shall be more than two (2') feet
above the second floor;
(b)
Minimum permitted roof pitch shall be 4 vertical to 12 horizontal;
(c)
Maximum roof pitch for the lower portion of a gambrel roof shall
be 20 vertical to 12 horizontal; and
(d)
Ridges must be parallel with the long axis of the building.
13.
Dormers. Dormers shall be permitted provided they comply with the
following provisions:
(a)
Maximum outside width of a dormer shall not exceed eight (8')
feet; and
(b)
Total width of all dormers on any one roof slope shall be the
lesser of twenty-four (24') feet. Total width of all dormers on both
roof slopes shall be the lesser of thirty-two (32') feet or 50% of
the total length of the roof (both sides) measured midway between
the eave and the ridge.
14.
Eaves. Eaves shall not project more than one (1') foot beyond the
exterior wall.
15.
Floor Projections. No portion of any floor above the first floor, except for decks/balconies subject to subsection 22-5.14e.7 shall project beyond the first floor.
[Ord. 5/16/04, § 5; Ord. No. 14-007D § 1; Ord. No. 18-005D § 2; amended 12-15-2020 by Ord. No.
20-013D; 10-10-2023 by Ord. No. 23-004D]
a.
Purpose. The Mixed-Use Overlay Zone is intended to promote development
that supports, and is consistent with, the commercial development
pattern in the underlying district, and to accommodate multifamily
housing in a location that can address the housing needs and preferences
of market rate and affordable households, and which also supports
the underlying district.
b.
Location. The Mixed-Use Overlay Zone is a mixed-use overlay option
in the Borough's GB (General Business) except for Block 25, Lot 4,
NB (Neighborhood Business), POB (Professional Office Business) Zones
and in the R-5 Zone Block 3, Lots 1.01, 3, 4, 5, 6, 7, and Block 4,
Lots 1, 2, 3, 4.01, 4.02, 6, 7, 8.01, 9.01. Within the Overlay Zone
District, the development of a new mixed-use development, with a required
on-site affordable housing component, or the conversion of an existing
nonresidential use to a mixed-use development, with a required on-site
affordable housing component, is permitted as an option to the uses
otherwise permitted in the GB, NB, POB Zones or specified lots in
the R-5 Zone.
c.
d.
General requirements and conditions. Mixed-use multifamily residential
units shall be permitted in the Mixed-Use Overlay Zone, provided that
the use and building shall adhere to the following minimum standards
and conditions:
2.
Height: Mixed-use buildings and multifamily buildings shall not exceed
three stories or 35 feet provided:
(a)
The third story is setback a minimum of 10 feet from any facade facing
a public right-of-way or is adjacent to a single-family residence
of the building:
(b)
Rooftop appurtenances, including architectural features such as spires,
cupolas, domes, and belfries, are permitted to exceed the listed maximum
height, as long as they are uninhabited, their highest points are
no more than 15 feet above the maximum overall height of the building,
and as long as the total area enclosed by the outer edges of the appurtenances,
measured at the maximum overall height of the building, does not exceed
15% of the total horizontal roof area of the building.
(c)
Stairs and elevator penthouses that project above the maximum overall
height of the building shall count toward the fifteen-percent allowance.
Equipment screens which project above the maximum overall height of
the building shall also count toward the above fifteen-percent allowance.
(d)
Mechanical equipment shall be set back from all building facades
by at least 10 feet and screened.
(e)
Parapet walls are permitted up to five feet in height, as measured
from the maximum height limit, or finished level of roof. A guardrail
with a surface of at least 70% open or with opacity of not more than
30% (as viewed in elevation) shall be permitted above a parapet wall
or within two feet of a parapet wall, provided that such guardrail
is not more than four feet in height. Such restriction on guardrail
height shall not apply when located beyond two feet from a parapet
wall, in which case the guardrail shall be exempt from parapet height
requirements.
3.
Density:
If a mixed-use project is being constructed with residential units,
the maximum density for residential uses shall be 10 dwelling units
per acre. The maximum density for a multifamily development shall
not exceed 12 dwelling units per acre.
4.
Affordable
housing set-aside: For projects less than three total units, the developer
will be responsible for paying a residential development fee under
the Borough's Development Fee Ordinance for each unit created. For
projects that are three, four or five total units, the developer will
ensure that at least one affordable unit is delivered on-site. For
projects of five or more units, such projects will deliver an on-site
affordable housing set-aside of 20%. Affordable units in said projects
must be affordable to very-low-, low- and moderate-income households
in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and New Jersey Council on Affordable Housing (COAH)
Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple
dwelling units within each building, then the affordable units shall
be evenly dispersed with market-rate units in each building. Affordable
units shall have equal access to all amenities and recreational areas
available to market-rate units.
5.
Income
distribution of affordable units: The income distribution for the
affordable units in each project shall be as follows: no more than
50% within each bedroom distribution may be moderate-income units,
at least 37% within each bedroom distribution shall be low-income
units and at least 13% within each bedroom distribution shall be very-low-income
units.
6.
Parking:
On-site parking must be provided for all uses on site in accordance
with Borough standards or if applicable, in accordance with RSIS standards.
7.
Affirmative
marketing of affordable units: The affordable units must be affirmatively
marketed to the housing region in accordance with COAH’s regulations
and Subsection 22-7.35, Affirmative Marketing of Affordable Housing
Units.
8.
Affordable Housing Ordinance requirements: The provisions of Chapter 23 shall apply to mixed-use and multifamily affordable housing developments, including, but not limited to, the UHAC required bedroom mix: at least 20% of the affordable units in each project shall be three-bedroom units; at least, but not more than, 20% of the affordable units in each project shall be efficiency and one-bedroom units; at least 30% of the affordable units in each project shall be two-bedroom units; the balance may be two- or three-bedroom units, at the discretion of the developer.
(a)
When any calculation of the percentage of affordable units required
to be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
(b)
Any fractional affordable housing requirement shall be addressed
by a payment in lieu of on-site construction of affordable housing,
which shall be placed in the Affordable Housing Trust Fund. The amount
of the payment shall be consistent with COAH regulations and shall
be negotiated with the Borough based on consideration of the anticipated
cost of providing affordable housing units. For purposes of this chapter,
the payment in lieu of affordable housing shall initially be established
as $350,000 multiplied by the fractional affordable housing requirement
as calculated to two decimal points. The payment in lieu of affordable
housing is presumptively the cost to construct an affordable unit
in the Borough. The Planning Board or Zoning Board, as appropriate,
may adjust from time to time the presumptive amount based upon the
appropriate evidence.
9.
Deed
restriction of affordable units: The developer shall have an obligation
to deed restrict the affordable units in any project as very-low-,
low- or moderate-income affordable units for a period of at least
30 years, until such time and under such conditions as the Borough
takes action to release the deed restriction, so that the Borough
may count the affordable units against its affordable housing obligation.
11.
Design
standards:
(a)
Townhouse units shall be rear-loaded. Townhouses shall provide on-site
parking by an enclosed garage located in the back yard with access
from a lane. Parking may occur within the driveway leading to the
garage, in which case said garage shall be set back no less than 18
feet and no more than 22 feet from the right-of-way of the rear lane
to accommodate a car without projecting into the right-of-way.
(b)
Parking shall not be visible from the public right-of-way associated
with a front or side yard.
(c)
Buildings shall be oriented, with one or more building entrances,
toward the public street to which the build-to-line is measured.
(d)
Reverse frontage lots are prohibited.
(e)
Stormwater detention areas shall not be located between a building
and a publicly accessible area.
(f)
Trash and recycling disposal and pick-up facilities shall not be
visible from a publicly accessible area.
12.
Building
design standards:
(a)
As a general rule, buildings shall reflect a continuity of treatment
obtained by maintaining the building scale or by subtly graduating
changes; by maintaining front yard setbacks at the build-to-line;
by maintaining base courses; by use of front porches on residential
buildings; by maintaining cornice lines in buildings of the same height;
by extending horizontal lines of fenestration; and by echoing architectural
styles and details, design themes, building materials, and colors
historically used in Rumson Borough.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor
area.
(c)
The third-floor habitable area shall not exceed 30% of the second-floor
area.
(d)
Facades shall be expressed as building modules that do not exceed
30 feet in width.
(e)
Building facades facing a publicly accessible area shall be articulated
into three distinct vertical components: a "base," a "middle," and
a "top."
(1)
The base should consist of the first story. The base design shall
be emphasized to create visual interest and support pedestrian activity.
(2)
The middle should consist of all or a portion of the upper stories.
The middle shall be differentiated from the base and the top by a
horizontal transition line. The transition line's specific location
shall be determined primarily by the overall height of the building
and that of any adjacent buildings. The transition line shall relate
to adjacent building if the adjacent buildings are lower than the
proposed building. A change of material and/or color from the base
is an acceptable way to distinguish the middle portion of the building.
(3)
The top may consist of the top story or may consist of a horizontal
or projecting element articulating the top of the building.
e.
Administrative entity.
1.
The
Borough has designated an administrative agent appointed by the Mayor
and Council to administer the affordable units created in accordance
with the Borough's Mixed-Use Affordable Housing Overlay Zone. The
administrative responsibilities of the Borough's administrative agent
include, but are not limited to, advertising, income qualifying prospective
renters, setting rents and annual rental increases, maintaining a
waiting list, distributing the subsidy, securing certificates of occupancy,
qualifying properties, handling application forms, filing deed restrictions
and monitoring reports and affirmatively marketing the accessory unit
program. The Borough's administrative agent shall administer the program
in accordance with COAH's regulations and Subsection 22-7.35, Affirmative
Marketing of Affordable Housing Units, and Subsection 22-7.36, Affordable
Housing Developments. The developer is responsible for all costs of
the Borough's administrative agent regarding the developer's particular
project.
2.
The
Borough retains jurisdiction on all other approvals required by this
chapter, including, but not limited to, development permits and variances,
subdivision or site plan approvals.
f.
Change
in use. Any change in use effecting an approved mixed-use affordable
housing development shall be subject to site plan approval by the
Borough, except as otherwise exempted from site plan approval by this
chapter. The conversion of a non-affordable residential unit to an
affordable unit shall be permitted, subject only to administrative
support by the Borough's administrative agent.
g.
Affordable
housing.
1.
Project
will deliver an on-site affordable housing set-aside of 20%. Affordable
units in said projects must be affordable to very-low-, low- and moderate-income
households in accordance with Borough's Affordable Housing Ordinance,
the Borough's Housing Element and Fair Share Plan, any applicable
Order of the Court (including a judgment of compliance and repose
order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC),
and applicable New Jersey Council on Affordable Housing (COAH) Prior
Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling
units within each building, then the affordable units shall be evenly
dispersed with market-rate units in each building. Affordable units
shall have equal access to all amenities and recreational areas available
to market-rate units.
2.
When
any calculation of the percentage of affordable units required to
be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
3.
Any
fractional affordable housing requirement that is less than 1/2 and
rounded down shall be addressed by either the developer providing
the affordable unit or by making a payment in lieu of on-site construction
of affordable housing, which shall be placed in the Affordable Housing
Trust Fund. The amount of the payment shall be consistent with COAH
regulations and shall be negotiated with the Borough based on consideration
of the anticipated cost of providing affordable housing units. For
purposes of this chapter, the payment in lieu of affordable housing
shall initially be established as $350,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
The payment in lieu of affordable housing is presumptively the cost
to construct an affordable housing unit in the Borough. The Planning
Board or Zoning Board, as appropriate, may adjust from time to time
the presumptive amount based upon the appropriate evidence.
4.
Said
affordable housing shall include standards for the split between very-low-,
low- and moderate-income housing providing a minimum of 13% of the
affordable units within each bedroom distribution as very-low-income
units at 30% of the median income, 37% of the affordable units within
each bedroom distribution as low-income units, with the 50% balance
of units within each bedroom distribution allowed to be moderate-income
units. Said affordable housing will also comply with bedroom distribution
requirements, pricing and rent of units, affirmative marketing, thirty-year
minimum affordability controls set by deed restriction in accordance
with UHAC and the Borough's Affordable Housing Ordinance, and construction
phasing with the market rate units developed on the tract as is required
by N.J.A.C. 5:93-5.6(d).
[Amended 12-15-2020 by Ord. No. 20-009D]
a.
Purpose:
The Borough adopts this section to advance the following objectives:
1.
To find
ways for a developed community to balance "legitimate zoning and planning
objectives" with the need and constitutional obligation to provide
affordable housing.
2.
To attempt
to channel affordable housing in the areas of the Borough that are
best suited to accommodate affordable housing.
3.
To address
its affordable housing unmet need obligation, the Borough shall implement
a Residential Overlay Inclusionary Zone Ordinance that creates a realistic
opportunity for housing in the Borough that is affordable to very-low-,
low- and moderate-income households. This section establishes the
Faith Institution Inclusionary Overlay District (FIIO), and permits
the creation of multifamily housing within the underlying zoning districts
provided that such housing complies with a required inclusionary set-aside
requirement and with the requirements of this section.
c.
Permitted
uses. The following uses shall be permitted in the Faith Institution
Inclusionary Overlay District (FIIO):
1.
Multifamily
housing including townhouses, duplexes, triplexes and quads.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted in the FIIO District provided they are located on the
same premises as the principal use or structure to which they are
accessory and are located in the rear yard:
e.
Development
standards.
1.
Minimum
lot size: one acre.
2.
Maximum
density: six dwelling units per acre for Block 104, Lot 1.01 and Block
81, Lot 6; eight dwelling units per acre for Block 10, Lot 6.
(a)
Calculations resulting in a partial unit shall be rounded down to
the next whole number.
3.
Maximum
height: 2 1/2 stories or 35 feet.
4.
Units
shall be provided within a primary structure(s) with the front facade
facing the public right-of way.
5.
Minimum
front yard setback shall not be less than the prevailing setback of
dwellings within 200 feet along the street right-of-way.
6.
Ninety
percent of required parking shall be provided within an enclosed garage.
7.
Parking
not located within an enclosed garage shall be fully screened with
a four-foot wall.
8.
Garages
shall not face the public right-of-way without an intervening building
between the garage and the public right-of-way.
9.
Front-loaded
townhouses are prohibited.
10.
Maximum
building coverage and lot coverage shall be in compliance with Schedule
5.4 AHO. FAR requirements shall not apply to inclusionary development
in the overlay zoning district.
11.
Maximum
dwelling units in one building shall not exceed eight.
12.
A minimum forty-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with Subsection 22-8.4e.
13.
Open
spaces shall include at a minimum central open space for passive and
active uses. Stormwater facilities shall not impede function of open
space.
14.
Lighting
for parking areas and driveways shall not exceed 12 feet in height.
15.
Refuse
disposal shall be contained within the buildings. No outside refuse
disposal area is permitted.
16.
Building
design.
(a)
The primary building(s) shall be designed to present as a single-family
residential structure that contains a consistent facade in terms of
architectural style and materials throughout the entire building.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor
area.
(c)
The third-floor area habitable shall not exceed 30% of the second-floor.
(d)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the R-1, R-2
and R-4 Zoning Districts. The applicant for any development shall
demonstrate such design by providing examples of and comparisons with
existing high-quality architecturally significant buildings.
(e)
If more than one primary structure is proposed, the architecture
of each primary structure shall be compatible but different from one
another in terms of style, materials or layout.
(f)
All HVAC and mechanical equipment shall be adequately screened from
view.
17.
Affordable
housing.
(a)
Project will deliver an on-site affordable housing set-aside of 20%.
Affordable units in said projects must be affordable to very-low-,
low- and moderate-income households in accordance with the Borough's
Affordable Housing Ordinance, the Borough's Housing Element and Fair
Share Plan, any applicable order of the court (including a judgment
of compliance and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301
et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and applicable New Jersey Council on Affordable Housing
(COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are
multiple dwelling units within each building, then the affordable
units shall be evenly dispersed with market-rate units in each building.
Affordable units shall have equal access to all amenities and recreational
areas available to market-rate units.
(b)
When any calculation of the percentage of affordable units required
to be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
(c)
Any fractional affordable housing requirement that is less than 1/2
and rounded down shall be addressed by either the developer providing
the affordable unit or by making a payment in lieu of on-site construction
of affordable housing, which shall be placed in the Affordable Housing
Trust Fund. The amount of the payment shall be consistent with COAH
regulations and shall be negotiated with the Borough based on consideration
of the anticipated cost of providing affordable housing units. For
purposes of this chapter, the payment in lieu of affordable housing
shall initially be established as $350,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
The payment in lieu of affordable housing is presumptively the cost
to construct an affordable housing unit in the Borough. The Planning
Board or Zoning Board, as appropriate, may adjust from time to time
the presumptive amount based upon the appropriate evidence.
(d)
Said affordable housing shall include standards for the split between
very-low-, low- and moderate-income housing providing a minimum of
13% of the affordable units within each bedroom distribution as very-low-income
units at 30% of the median income, 37% of the affordable units within
each bedroom distribution as low-income units, with the 50% balance
of units within each bedroom distribution allowed to be moderate-income
units. Said affordable housing will also comply with bedroom distribution
requirements, pricing and rent of units, affirmative marketing, thirty-year
minimum affordability controls set by deed restriction in accordance
with UHAC and the Borough's Affordable Housing Ordinance, and construction
phasing with the market rate units developed on the tract as is required
by N.J.A.C. 5:93-5.6(d).
(e)
The Borough-designated affordable housing administrative agent, or
a qualified administrative agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site or off-site affordable unit, with all administrative
costs to be paid by the developer.
[Added 12-15-2020 by Ord. No. 20-010D]
a.
Purpose:
The Borough adopts this section to advance the following objectives:
1.
To find
ways for a developed community to balance "legitimate zoning and planning
objectives" with the need and constitutional obligation to provide
affordable housing.
2.
To attempt
to channel affordable housing in the areas of the Borough that are
best suited to accommodate affordable housing.
3.
To address
its affordable housing unmet need obligation, the Borough shall implement
a Residential Overlay Inclusionary Zone Ordinance that creates a realistic
opportunity for housing in the Borough that is affordable to very-low-,
low- and moderate-income households. This section establishes the
Residential Overlay Inclusionary-2 Zone, and permits the creation
of multifamily housing within the ROI-2 Residential Zone provided
that such housing complies with a required inclusionary set-aside
requirement and with the requirements of this section.
b.
Location.
The Residential Overlay Inclusionary-2 District is applicable to blocks/lots
in the R-2 Residential Zone as follows: Block 95 Lots 1.01, 1.03,
2, 5, 6 and 9, and Block 104 Lot 2.
c.
Permitted
uses. The following uses shall be permitted in the Residential Overlay
Inclusionary 2 District:
1.
Multifamily
housing including townhouses, duplexes, triplexes and quads.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted in the ROI 2 District provided they are located on the
same premises as the principal use or structure to which they are
accessory and are located in the rear yard:
e.
Development
standards.
1.
Minimum
lot size: three acres.
2.
Maximum
density:
(a)
Three dwelling units per acre provided the affordable housing set-aside
shall equal that which is required if a density of six dwelling units
per acre is applied provided the Borough provides a financial subsidy
to build the additional affordable housing units beyond those provided
by the developer at a density of three dwelling units per acre but
required to meet the set-aside associated with a six-dwelling-units-per-acre
density.
(b)
Six dwelling units per acre provided the Borough does not provide a financial subsidy to aid in providing a set-aside equal to that which is required in § 22-5.17e2(a) above.
(c)
Calculations resulting in a partial unit shall be rounded down to
the next whole number.
3.
Units
shall be provided within a primary structure(s) with the front facade
facing the public right-of way.
4.
Minimum
front yard setback shall not be less than the prevailing setback of
dwellings within 200 feet to either side along the street right-of-way.
5.
Ninety
percent of required parking shall be provided within an enclosed garage.
6.
Parking
not located within an enclosed garage shall be fully screened with
a four-foot wall.
7.
Garages
shall not face the public right-of-way without an intervening building
between the garage and the public right-of-way.
8.
Front-loaded
townhouses are prohibited.
9.
Maximum
building coverage and lot coverage shall be in compliance with Schedule
5.4 AHO. FAR requirement shall not apply to inclusionary development
in the overlay zoning district. 10. 11. 12. 13.
10.
Maximum
dwelling units in one building shall not exceed eight.
11.
A minimum forty-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with Subsection 22-8.4e.
12.
Open
spaces shall include at a minimum central open space for passive and
active uses. Stormwater facilities shall not impede function of open
space.
13.
Lighting
for parking areas and driveways shall not exceed 12 feet in height.
14.
Refuse
disposal shall be contained within the buildings. No outside refuse
disposal area is permitted.
15.
Building
design.
(a)
The primary building(s) shall be designed to present as a single-family
residential structure that contains a consistent facade in terms of
architectural style and materials throughout the entire building.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor
area.
(c)
The third-floor habitable area shall not exceed 30% of the second-floor
area.
(d)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the R-2 Zoning
District. The applicant for any development shall demonstrate such
design by providing examples of and comparisons with existing high-quality
architecturally significant buildings.
(e)
If more than one primary structure is proposed, the architecture
of each primary structure shall be compatible but different from one
another in terms of style, materials or layout.
(f)
All HVAC and mechanical equipment shall be adequately screened from
view.
16.
Affordable
housing.
(a)
The project shall have a set-aside of 20% for affordable housing.
Affordable units in said projects must be affordable to very-low-,
low- and moderate-income households in accordance with Borough's Affordable
Housing Ordinance, the Borough's Housing Element and Fair Share Plan,
any applicable Order of the Court (including a judgment of compliance
and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and applicable New Jersey Council on Affordable Housing
(COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are
multiple dwelling units within each building, then the affordable
units shall be evenly dispersed with market-rate units in each building.
Affordable units shall have equal access to all amenities and recreational
areas available to market-rate units.
(b)
When any calculation of the percentage of affordable units required
to be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
(c)
Any fractional affordable housing requirement that is less than 1/2
and rounded down shall be addressed by either the developer providing
the affordable unit or by making a payment in lieu of on-site construction
of affordable housing, which shall be placed in the Affordable Housing
Trust Fund. The amount of the payment shall be consistent with COAH
regulations and shall be negotiated with the Borough based on consideration
of the anticipated cost of providing affordable housing units. For
purposes of this chapter, the payment in lieu of affordable housing
shall initially be established as $350,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
The payment in lieu of affordable housing is presumptively the cost
to construct an affordable unit in the Borough. The Planning Board
or Zoning Board, as appropriate, may adjust from time to time the
presumptive amount based upon the appropriate evidence.
(d)
Said affordable housing shall include standards for the split between
very-low-, low- and moderate-income housing providing a minimum of
13% of the affordable units within each bedroom distribution as very-low-income
units at 30% of the median income, 37% of the affordable units within
each bedroom distribution as low-income units, with the 50% balance
of units within each bedroom distribution allowed to be moderate-income
units. Said affordable housing will also comply with bedroom distribution
requirements, pricing and rent of units, affirmative marketing, thirty-year
minimum affordability controls set by deed restriction in accordance
with UHAC and the Borough's Affordable Housing Ordinance, and construction
phasing with the market rate units developed on the tract as is required
by N.J.A.C. 5:93-5.6(d).
(e)
The Borough-designated affordable housing administrative agent, or
a qualified administrative agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site or off-site affordable unit, with all administrative
costs to be paid by the developer.
[Added 12-15-2020 by Ord. No. 20-011D]
a.
Purpose:
The Borough adopts this section to advance the following objectives:
1.
To find
ways for a developed community to balance "legitimate zoning and planning
objectives" with the need and constitutional obligation to provide
affordable housing.
2.
To attempt
to channel affordable housing in the areas of the Borough that are
best suited to accommodate affordable housing.
3.
To address
its affordable housing unmet need obligation, the Borough shall implement
a Residential Overlay Inclusionary Zone Ordinance that creates a realistic
opportunity for housing in the Borough that is affordable to very-low-,
low- and moderate-income households. This section establishes the
Residential Overlay Inclusionary-4 (ROI-4) Zone, and permits the creation
of multifamily housing within the ROI-4 Residential Zone provided
that such housing complies with a required inclusionary set-aside
requirement and with the requirements of this section.
b.
Location.
The Residential Overlay Inclusionary-4 District is applicable to blocks/lots
in the R-4 Residential Zone as follows: Block 100, Lots 11, 16 and
17.
c.
Permitted
uses. The following uses shall be permitted in the Residential Overlay
Inclusionary 4 District:
1.
Multifamily
housing including townhouses, duplexes, triplexes and quads.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted in the ROI-4 District provided they are located on the
same premises as the principal use or structure to which they are
accessory and are located in the rear yard:
e.
Development
standards.
1.
Minimum
lot size: one acre.
2.
Maximum
density: eight dwelling units per acre.
(a)
Calculations resulting in a partial unit shall be rounded down to
the next whole number.
3.
Units
shall be provided within a primary structure(s) with the front facade
facing the public right-of way.
4.
Minimum
front yard setback shall not be less than the prevailing setback of
dwellings within 200 feet to either side along the street right-of-way.
5.
Ninety
percent of required parking shall be provided within an enclosed garage.
6.
Parking
not located within an enclosed garage shall be fully screened with
a four-foot wall.
7.
Garages
shall not face the public right-of-way without an intervening building
between the garage and the public right-of-way
8.
Front-loaded
townhouses are prohibited.
9.
Maximum
building coverage and lot coverage shall be in compliance with Schedule
5.4 AHO. FAR requirements shall not apply to inclusionary development
in the overlay zoning district.
10.
Maximum
dwelling units in one building shall not exceed eight.
11.
A minimum forty-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with Subsection 22-8.4e.
12.
Open
spaces shall include at a minimum central open space for passive and
active uses. Stormwater facilities shall not impede function of open
space.
13.
Lighting
for parking areas and driveways shall not exceed 12 feet in height.
14.
Refuse
disposal shall be contained within the buildings. No outside refuse
disposal area is permitted.
15.
Building
design.
(a)
The primary building(s) shall be designed to present as a single-family
residential structure that contains a consistent facade in terms of
architectural style and materials throughout the entire building.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor
area.
(c)
The third-floor habitable area shall not exceed 30% of the second-floor
area.
(d)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the R-4 Zoning
District. The applicant for any development shall demonstrate such
design by providing examples of and comparisons with existing high-quality
architecturally significant buildings.
(e)
If more than one primary structure is proposed, the architecture
of each primary structure shall be compatible but different from one
another in terms of style, materials or layout.
(f)
All HVAC and mechanical equipment shall be adequately screened from
view.
16.
Affordable
housing.
(a)
Project will deliver an on-site affordable housing set-aside of 20%.
Affordable units in said projects must be affordable to very low,
low- and moderate-income households in accordance with Borough's Affordable
Housing Ordinance, the Borough's Housing Element and Fair Share Plan,
any applicable Order of the Court (including a judgment of compliance
and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and applicable New Jersey Council on Affordable Housing
(COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are
multiple dwelling units within each building, then the affordable
units shall be evenly dispersed with market-rate units in each building.
Affordable units shall have equal access to all amenities and recreational
areas available to market-rate units.
(b)
When any calculation of the percentage of affordable units required
to be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
(c)
Any fractional affordable housing requirement that is less than 1/2
and rounded down shall be addressed by either the developer providing
the affordable unit or by making a payment in lieu of on-site construction
of affordable housing, which shall be placed in the Affordable Housing
Trust Fund. The amount of the payment shall be consistent with COAH
regulations and shall be negotiated with the Borough based on consideration
of the anticipated cost of providing affordable housing units. For
purposes of this chapter, the payment in lieu of affordable housing
shall initially be established as $350,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
The payment in lieu of affordable housing is presumptively the cost
to construct an affordable unit in the Borough. The Planning Board
or Zoning Board, as appropriate, may adjust from time to time the
presumptive amount based upon the appropriate evidence.
(d)
Said affordable housing shall include standards for the split between
very-low-, low- and moderate-income housing providing a minimum of
13% of the affordable units within each bedroom distribution as very-low-income
units at 30% of the median income, 37% of the affordable units within
each bedroom distribution as low-income units, with the 50% balance
of units within each bedroom distribution allowed to be moderate-income
units. Said affordable housing will also comply with bedroom distribution
requirements, pricing and rent of units, affirmative marketing, thirty-year
minimum affordability controls set by deed restriction in accordance
with UHAC and the Borough's Affordable Housing Ordinance, and construction
phasing with the market rate units developed on the tract as is required
by N.J.A.C. 5:93-5.6(d).
(e)
The Borough-designated affordable housing administrative agent, or
a qualified administrative agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site or off-site affordable unit, with all administrative
costs to be paid by the developer.
[Added 12-15-2020 by Ord. No. 20-012D]
a.
Purpose:
The Borough adopts this section to advance the following objectives:
1.
To find
ways for a developed community to balance "legitimate zoning and planning
objectives" with the need and constitutional obligation to provide
affordable housing.
2.
To attempt
to channel affordable housing in the areas of the Borough that are
best suited to accommodate affordable housing.
3.
To address
its affordable housing unmet need obligation, the Borough shall implement
a Residential Overlay Inclusionary Zone Ordinance that creates a realistic
opportunity for housing in the Borough that is affordable to very-low-,
low- and moderate-income households. This section establishes the
Residential Overlay Inclusionary-5 (ROI-5) Zone, and permits the creation
of multifamily housing within the ROI-5 Residential Zone provided
that such housing complies with a required inclusionary set-aside
requirement and with the requirements of this section.
b.
Location.
The Residential Overlay Inclusionary-5 District is applicable to blocks/lots
in the R-5 Residential Zone as follows: Block 60, Lots 6, 7, 8, 9,
10, 11.01, 12.01, 13, 14.
c.
Permitted
uses. The following uses shall be permitted in the Residential Overlay
Inclusionary-5 District:
1.
Multifamily
housing including townhouses, duplexes, triplexes and quads.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted in the ROI-5 District provided they are located on the
same premises as the principal use or structure to which they are
accessory and are located in the rear yard:
e.
Development
standards.
1.
Minimum
lot size: one acre.
2.
Maximum
density: 12 dwelling units per acre.
(a)
Calculations resulting in a partial unit shall be rounded down to
the next whole number.
3.
Units
shall be provided within a primary structure(s) with the front facade
facing the public right-of way.
4.
Minimum
front yard setback shall not be less than the prevailing setback of
dwellings within 200 feet along the street right-of-way.
5.
Ninety
percent of required parking shall be provided within an enclosed garage.
6.
Parking
not located within an enclosed garage shall be fully screened with
a four-foot wall.
7.
Garages
shall not face the public right-of-way without an intervening building
between the garage and the public right-of-way.
8.
Front-loaded
townhouses are prohibited.
9.
Maximum
building coverage and lot coverage shall be in compliance with Schedule
5-5 AHO. FAR requirements shall not apply to inclusionary development
in the overlay zoning district.
10.
Maximum
dwelling units in one building shall not exceed eight.
11.
A minimum forty-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with Subsection 22-8.4e.
12.
Open
spaces shall include at a minimum central open space for passive and
active uses. Stormwater facilities shall not impede function of open
space.
13.
Lighting
for parking areas and driveways shall not exceed 12 feet in height.
14.
Refuse
disposal shall be contained within the buildings. No outside refuse
disposal area is permitted.
15.
Building
design.
(a)
The primary building(s) shall be designed to present as a single-family
residential structure that contains a consistent facade in terms of
architectural style and materials throughout the entire building.
(b)
The second-floor habitable area shall not exceed 90% of the first-floor
area.
(c)
The third-floor habitable area shall not exceed 30% of the second-floor
area.
(d)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the R-5 Zoning
District. The applicant for any development shall demonstrate such
design by providing examples of and comparisons with existing high-quality
architecturally significant buildings.
(e)
If more than one primary structure is proposed, the architecture
of each primary structure shall be compatible but different from one
another in terms of style, materials or layout.
(f)
All HVAC and mechanical equipment shall be adequately screened from
view.
16.
Affordable
housing.
(a)
Project will deliver an on-site affordable housing set-aside of 20%.
Affordable units in said projects must be affordable to very-low-,
low- and moderate-income households in accordance with Borough's Affordable
Housing Ordinance, the Borough's Housing Element and Fair Share Plan,
any applicable Order of the Court (including a judgment of compliance
and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and applicable New Jersey Council on Affordable Housing
(COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are
multiple dwelling units within each building, then the affordable
units shall be evenly dispersed with market-rate units in each building.
Affordable units shall have equal access to all amenities and recreational
areas available to market-rate units.
(b)
When any calculation of the percentage of affordable units required
to be provided results in a fractional unit of 1/2 or more, the fraction
shall be rounded up to the next whole number. When a calculation results
in a fraction of less than 1/2, the fraction shall be rounded down
to the previous whole unit.
(c)
Any fractional affordable housing requirement that is less than 1/2
and rounded down shall be addressed by either the developer providing
the affordable unit or by making a payment in lieu of on-site construction
of affordable housing, which shall be placed in the Affordable Housing
Trust Fund. The amount of the payment shall be consistent with COAH
regulations and shall be negotiated with the Borough based on consideration
of the anticipated cost of providing affordable housing units. For
purposes of this chapter, the payment in lieu of affordable housing
shall initially be established as $350,000 multiplied by the fractional
affordable housing requirement as calculated to two decimal points.
The payment in lieu of affordable housing is presumptively the cost
to construct an affordable housing unit in the Borough. The Planning
Board or Zoning Board, as appropriate, may adjust from time to time
the presumptive amount based upon the appropriate evidence.
(d)
Said affordable housing shall include standards for the split between
very-low-, low- and moderate-income housing providing a minimum of
13% of the affordable units within each bedroom distribution as very-low-income
units at 30% of the median income, 37% of the affordable units within
each bedroom distribution as low-income units, with the 50% balance
of units within each bedroom distribution allowed to be moderate-income
units. Said affordable housing will also comply with bedroom distribution
requirements, pricing and rent of units, affirmative marketing, thirty-year
minimum affordability controls set by deed restriction in accordance
with UHAC and the Borough's Affordable Housing Ordinance, and construction
phasing with the market rate units developed on the tract as is required
by N.J.A.C. 5:93-5.6(d).
(e)
The Borough designated affordable housing administrative agent, or
a qualified administrative agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site or off-site affordable unit, with all administrative
costs to be paid by the developer.
[Added 12-15-2020 by Ord. No. 20-014D; amended 4-13-2021 by Ord. No. 21-004D]
a.
Applicability. The use, bulk, design and performance standards of the RR District shall supersede the zoning provisions of the Rumson Borough General Ordinances and the Development Regulation Ordinance (Chapter 22). However, where the regulations and standards of the RR District are silent, the standards of the General Ordinances and Chapter 22 shall apply.
b.
Purpose.
The RR District provides land use regulations for the redevelopment
of the site where specific site elements are incorporated that limit
the impact to the surrounding parcels through the requirement of adequate
development setbacks, alternate means of access and sufficient buffering.
The RR District is intended to provide for the development of multifamily
housing with a payment in-lieu contribution to the Borough's Affordable
Housing Trust Fund to support the development of very-low-, low- and
moderate-income housing elsewhere in the Borough. The RR District
is being created to implement the settlement agreement between the
Borough of Rumson and Yellow Brook Property Co., LLC, which was entered
into on January 16, 2020 (hereinafter the "Yellow Brook Settlement
Agreement"), the terms and conditions of which are incorporated herein
by reference.
d.
e.
Community
design and access. Any plan for the development of the parcel shall
be substantially consistent with Exhibit C of the Yellow Brook Settlement
Agreement (also attached hereto as Exhibit A[2]), which shall be utilized, in terms of layout, arrangement,
scale and intensity. Principal buildings are not required to front
on an improved public street as the carriage house dwellings and duplex
dwellings are permitted to be located behind the triplex dwellings.
[2]
Editor's Note: Said exhibits are included as an attachment
to this section.
g.
Area
and yard requirements. The following area and bulk regulations shall
apply:
1.
Maximum
number of dwelling units: 16.
2.
Maximum
building coverage: 15%.
3.
Maximum
impervious coverage: 32%.
4.
Minimum
setback from right-of-way: 55 feet.
5.
Minimum
setback from tract boundary (other than ROW): 40 feet.
6.
Minimum
buffer width from tract boundary: 25 feet.
7.
Minimum
distance between triplex dwellings: 30 feet to foundation; 23 feet
to porch.
8.
Parking
spaces shall be provided for all residential dwellings according to
the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).
9.
Parking
areas and driveways not required for direct access to the public right-of-way
shall be located a minimum of 25 feet from any tract boundary.
10.
Garages
within 250 feet of the public right-of-way shall not face the public
right-of-way without an intervening principal building projection
line situated between the garage and the public right-of-way.
11.
Sixty
percent of the required parking shall be provided within an enclosed
garage.
12.
Parking
not within a garage shall not be visible from the public right-of-way,
and shall be screened from adjoining property owners and the public
right-of-way with plantings, walls and fences to provide 100% opacity.
13.
Outside
refuse disposal is not permitted. Refuse disposal container shall
be contained with the buildings.
14.
The
buffer area shall not include driveways other than for access purposes
to the right-of-way, parking, utilities, stormwater management, patios,
courtyards, decks, mechanical equipment or buildings.
(a)
Existing vegetation within the buffer that is not considered invasive
or dead or dying shall be preserved.
(b)
Landscape buffers shall consist of a combination of deciduous trees,
conifers, shrubs, berms, and if appropriate, fences or walls in sufficient
quantities and sizes to perform their necessary screening function.
(c)
Existing on-site trees to remain within the required buffer area
shall be utilized as part, and incorporated into, the buffer design.
(d)
With the exception of areas delineated as wetlands and wetland transition
areas approved by the NJDEP, proposed screening layout and elements
shall be placed only within the required buffer area and are subject
to review and approval by the Borough.
(e)
Proposed plant material shall provide a four-season interest, be
deer tolerant and consist primarily of native species. Invasive plant
species shall not be allowed. Applicants are encouraged to use the
New Jersey American Native Plant Society and the Rutgers Agricultural
Extension Service websites as a guide in species selection.
(g)
Drip irrigation is encouraged to be incorporated within the landscape
buffer area to ensure the success of the proposed plant material.
15.
The
minimum tract area shall be the entirety of the zone. Subdivisions
for the purposes of phasing, financing or sale of individual units
is permitted as long as the area and bulk requirements for the zone
are met.
h.
Design
standards. Deviations from these design standards shall be considered
exceptions pursuant to the procedure articulated in the New Jersey
Municipal Land Use Law at N.J.S.A. 40:55D-51.
1.
Building
design. The purpose of these building design standards is to ensure
that the design of buildings promotes a desirable visual and spatial
environment, and that the buildings fit within the existing range
of vernacular styles within Rumson Borough. The design of the buildings
shall comply with the following standards, and shall be substantially
consistent with Exhibit C of the Yellow Brook Settlement Agreement,
which is also attached hereto as Exhibit A.[3]
[3]
Editor's Note: Said exhibits are included as an attachment
to this section.
2.
Pedestrian
circulation. Pedestrian walkways connecting streets and parking area
to the dwellings shall be provided. All walkways shall be constructed
of brick or concrete pavers.
3.
Curbing.
All vertical curbs shall be six inches in height and constructed of
Belgian block, unless mountable Belgian block curbs are proposed.
4.
Lighting.
(a)
General. All outdoor lighting should be coordinated as to style,
material and color. Lighting throughout the site should overlap, creating
an even level of illumination throughout the parking area. All exterior
lighting shall be designed, located, installed and directed in such
a manner as to prevent objectionable light at and across the property
lines and to prevent glare at any location on or off the property.
The use of light-emitting diode (LED) fixtures is required for energy
efficiency and uniform illumination.
(b)
Parking lots shall be illuminated with a minimum of 0.2 footcandle.
The ratio between maximum foot-candles and average foot-candles shall
be no greater than 20 to one.
(c)
Illumination at property lines shall not exceed 0.1 footcandle, excluding
public street rights-of-way.
(d)
Lighting shall be provided by fixtures in parking lots with a mounting
height not more than 16 feet measured from the ground level to the
centerline of the light source and lighting fixtures no to exceed
12 feet in height shall be provided for pedestrian walkways and residential
areas outside of parking lots.
(e)
Pedestrian-level lighting shall be used along any pedestrian walkways
not illuminated by parking lot lighting. The minimum average illumination
of pedestrian areas shall be 0.2 footcandle over the walkway surface,
except that no illumination shall be required for trails and pathways
in the passive recreation land use area. The ratio between maximum
footcandles and average footcandles shall be no greater than 20 to
one.
(f)
Fixtures for illumination shall be full cutoff luminaires.
5.
Mechanical
equipment.
(a)
General. Such areas, due to their visual and noise impacts onto adjacent
properties and visitors to the site, shall be screened, recessed and
enclosed.
(b)
Outdoor storage, utility meters, HVAC equipment, and other such service
functions shall be incorporated into the overall design of the buildings
and site layout. Walls, screens and enclosures for such uses shall
be of a similar construction and material as the primary buildings
to which they are associated. Such accessory structures and uses shall
be adequately landscaped to the point where the visual and acoustic
impacts of these functions in conjunction with walls, screens and/or
enclosures are fully contained and out of the view from general passersby.
i.
General
standards.
1.
There
shall exist approved public water and public sewer systems which shall
be available to each unit prior to the issuance of the building permit
for that unit.
2.
For
developments to be constructed over a period of years, a phasing plan
shall be submitted as part of the preliminary plan for the entire
concept subject to a developer's agreement with the Borough.
3.
Off-tract
improvements including safety improvements at the intersection of
Rumson Road and Osprey Lane shall be constructed in coordination with
the Borough and the County.
j.
Affordable
housing. A payment in-lieu contribution to the Borough's Affordable
Housing Trust Fund for the provision of four off-site affordable housing
units is required for development within the RR Zone, as per the terms
and conditions in Section 4.2 of the Yellow Brook Settlement Agreement.
[Added 12-15-2020 by Ord. No. 20-015D; amended 4-13-2021 by Ord. No. 21-005D]
a.
Applicability. The use, bulk, design and performance standards of the BA District shall supersede the zoning provisions of the Rumson Borough General Ordinances and the Development Regulation Ordinance (Chapter 22). However, where the regulations and standards of the BA District are silent, the standards of the General Ordinances and Chapter 22 shall apply.
b.
Purpose.
The BA District provides land use regulations for the redevelopment
of the site where specific site elements are incorporated that limit
the impact to the surrounding parcels through the requirement of adequate
development setbacks, alternate means of access and sufficient buffering.
The BA District is intended to provide for the development of multifamily
housing with an in-lieu contribution to support the development of
households of very-low-, low- and moderate-income elsewhere in the
Borough. The BA District is being created to implement the settlement
agreement between the Borough of Rumson and Yellow Brook Property
Co., LLC, which entered into on January 16, 2020 (hereinafter the
"Yellow Brook Settlement Agreement"), the terms and conditions of
which are incorporated herein by reference.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted in the BA District:
1.
Fences
and walls.
2.
Off-street
parking including stand-alone garages.
3.
Site
furnishings (seating, etc.).
4.
Accessory
structures as depicted on the concept plan that is attached to the
Yellow Brook Settlement Agreement (also attached hereto as Exhibit
A[1]), which shall be utilized, in terms of layout, arrangement,
scale and intensity.
[1]
Editor's Note: Said exhibit is included as an attachment to
this section.
e.
Community
design and access. Any plan for the development of the parcel shall
be substantially consistent with the Exhibit A of the Yellow Brook
Settlement Agreement (also attached hereto as Exhibit A)[2], which shall be utilized, in terms of layout, arrangement,
scale and intensity.
[2]
Editor's Note: Said exhibit is included as an attachment to
this section.
f.
Maximum
building height.
1.
Maximum
building height for the triplex and carriage home dwellings shall
not exceed 38 feet in height and 2 1/2 stories.
g.
Area
and yard requirements. The following area and bulk regulations shall
apply:
1.
Maximum
number of dwelling units: 18.
2.
Maximum
building coverage: 25%.
3.
Maximum
impervious coverage: 55%.
4.
Minimum
setback from right-of-way: 100 feet.
5.
Minimum
setback from tract boundary (other than ROW): 40 feet excluding patio;
20 feet for patios.
6.
Minimum
buffer width from tract boundary: 25 feet, 20 feet permitted only
for retaining walls associated with patios. Unit 8 as shown on the
Bingham Avenue concept plan shall have 15 feet permitted for retaining
wall with patio.
7.
Minimum
distance between dwellings: 30 feet, except units 8 and 9 where 20
feet shall be the minimum.
8.
Minimum
distance from garage facade to sidewalk: 25 feet.
9.
Parking
spaces shall be provided for all residential dwellings according to
the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21).
10.
Parking
areas, roadways and driveways shall be located a minimum of 25 feet
from any tract boundary, except on-street head-in parking, where 15
feet shall be the minimum, and the driveway for Unit 8 as shown on
the Bingham Avenue Concept plans, where 20 feet shall be the minimum.
11.
Garages
shall not face the public right-of-way without an intervening principal
building situated between the garage and the public right-of-way.
12.
Eighty
percent of the required parking shall be provided within an enclosed
garage.
13.
Fifty
percent of the on-street parking shall be provided as parallel parking
spaces.
14.
Parking
not within a garage shall not be visible from the public right-of-way
and shall be screened with plantings, walls and fences to provide
100% opacity.
15.
Outside
refuse disposal is not permitted. Refuge disposal container shall
be contained with the buildings.
16.
Surface
detention facilities for stormwater management shall not be located
within the front yard setback from the public right-of-way.
17.
The
buffer area shall not include driveways, parking, utilities, stormwater
management, patios, courtyards, decks, mechanical equipment or buildings.
(a)
Existing vegetation within the buffer that is not considered invasive
or dead or dying shall be preserved.
(b)
Landscape buffers shall consist of a combination of deciduous trees,
conifers, shrubs, berms, and, if appropriate, fences or walls in sufficient
quantities and sizes to perform their necessary screening function.
(c)
Screening function shall be defined as providing privacy to both
the proposed and existing off-site adjacent residential lots.
(d)
Existing on-site trees to remain within the required buffer area
shall be utilized as part of, and incorporated into, the buffer design.
(e)
Proposed screening layout and elements shall be placed only within
the required buffer area and are subject to review and approval by
the Borough.
(f)
Proposed plant material shall provide a four-season interest, be
deer tolerant and consist primarily of native species. Invasive plant
species shall not be allowed. Applicants are encouraged to use the
New Jersey American Native Plant Society and the Rutgers Agricultural
Extension Service websites as a guide in species selection.
(h)
Drip irrigation is encouraged to be incorporated within the landscape
buffer area to ensure the success of the proposed plant material.
18.
The
minimum tract area shall be the entirety of the zone. Subdivisions
for the purposes of phasing, financing or sale of individual units
is permitted as long as the area and bulk requirements for the zone
are met.
h.
Design
standards. Deviations from these design standards shall be considered
exceptions pursuant to the procedure articulated in the New Jersey
Municipal Land Use Law at NSA 40:55D-51.
1.
Building
design. The purpose of these building design standards is to ensure
that the design of buildings promotes a desirable visual and spatial
environment and that the buildings fit within the existing range of
vernacular styles within Rumson Borough. The design of the buildings
shall comply with the following standards and be substantially consistent
with the Exhibit A.[3]
[3]
Editor's Note: Said exhibit is included as an attachment to
this section.
2.
Pedestrian
circulation. Pedestrian walkways connecting streets and parking area
to the dwellings shall be provided.
4.
Lighting.
(a)
General. All outdoor lighting should be coordinated as to style,
material and color. Lighting throughout the site should overlap, creating
an even level of illumination throughout the parking area. All exterior
lighting shall be designed, located, installed and directed in such
a manner as to prevent objectionable light at and across the property
lines and to prevent glare at any location on or off the property.
The use of light emitting diode (LED) fixtures is required for energy
efficiency and uniform illumination.
(b)
Parking lots shall be illuminated with an average of no less than
0.2 footcandle. The ratio between maximum footcandles and average
footcandles shall be no greater than 20 to one.
(c)
Illumination at property lines shall not exceed 0.1 footcandle, excluding
public street rights-of-way.
(d)
Lighting shall be provided by fixtures in parking lots with a mounting
height not more than 16 feet measured from the ground level to the
centerline of the light source and lighting fixtures no to exceed
12 feet in height shall be provided for pedestrian walkways and residential
areas outside of parking lots.
(e)
Pedestrian-level lighting shall be used along any pedestrian walkways
not illuminated by parking lot lighting. The minimum average illumination
of pedestrian areas shall be 0.2 footcandle over the walkway surface,
except that no illumination shall be required for trails and pathways
in the passive recreation land use area. The ratio between maximum
footcandles and average footcandles shall be no greater than 20 to
one.
(f)
Fixtures for illumination shall be full cutoff luminaires.
5.
Mechanical
equipment.
(a)
General. Such areas, due to their visual and noise impacts onto adjacent
properties and visitors to the site, shall be screened, recessed and
enclosed.
(b)
Outdoor storage, utility meters, HVAC equipment, and other such service
functions shall be incorporated into the overall design of the buildings
and site layout. Walls, screens and enclosures for such uses shall
be of a similar construction and material as the primary buildings
to which they are associated. Such accessory structures and uses shall
be adequately landscaped to the point where the visual and acoustic
impacts of these functions in conjunction with walls, screens and/or
enclosures are fully contained and out of the view from general passersby.
i.
General
standards.
1.
There
shall exist approved public water and public sewer systems which shall
be available to each unit prior to the issuance of the building permit
for that unit.
2.
For
developments to be constructed over a period of years, a phasing plan
shall be submitted as part of the preliminary plan for the entire
concept subject to a developer's agreement with the Township.
j.
Affordable
housing. A payment in-lieu contribution to the Borough's Affordable
Housing Trust Fund for the provision of five off-site affordable housing
units is required for development within the BA Zone, as per the terms
and conditions in Section 4.2 of the Yellow Brook Settlement Agreement.
[Added 12-15-2020 by Ord. No. 20-017D; amended 10-10-2023 by Ord. No.
23-003D]
a.
Purpose:
The AH-1 Zone is intended to provide for development of 100% affordable
dwelling units. The AH-1 Zone shall provide for 12 age-restricted
rental units.
b.
Location.
The AH-1 Zone is applicable to Block 59, Lot 10.
d.
Accessory
uses permitted. The following accessory uses and structures shall
be permitted provided they are located on the same premises as the
principal use or structure to which they are accessory and are located
in the rear or side yard:
e.
Development
standards.
1.
Minimum
lot size is equal to the size of Block 59, Lot 10.
2.
Maximum
height: 2 1/2 stories or 35 feet.
3.
Maximum
building coverage: 60%.
4.
Maximum
lot coverage: 95%.
5.
Minimum
front yard setback: 0 feet.
6.
Minimum
side yard setback: 10 feet.
7.
Minimum
rear yard setback: 20 feet.
8.
Reserved.
9.
Lighting
for parking areas and driveways shall not exceed 12 feet in height.
10.
All
refuse and recycling storage shall be fully enclosed and screened
within a masonry refuse enclosure that is a minimum of six feet in
height on all sides and shall contain facade materials that are consistent
with the materials used for the principal structure.
11.
Compliance
with Residential Site Improvement Standards (N.J.A.C. 5:21) is not
required and, if appropriate, the Planning Board may grant a de minimis
exception.
12.
Building
design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the NB, GB and
POB Zoning Districts. The applicant for any development shall demonstrate
such design by providing examples of and comparisons with existing
high-quality architecturally significant buildings.
(b)
All HVAC and mechanical equipment shall be adequately screened from
view from the public right-of-way or residential dwellings.
13.
Affordable
Housing.
(a)
The AH-1 Zone shall provide twelve (12) age-restricted rental units.
Affordable units in said projects must be affordable to very-low-,
low- and moderate-income households in accordance with the Borough's
Affordable Housing Ordinance, the Borough's Housing Element and Fair
Share Plan, any applicable Order of the Court (including a judgment
of compliance and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301
et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. (UHAC), and applicable New Jersey Council on Affordable Housing
(COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq.
(b)
The age-restricted rental affordable housing shall include standards
for the split between very-low-, low- and moderate-income housing
providing a minimum of 13% of the affordable units within each bedroom
distribution as very-low-income units at 30% of the median income,
37% of the affordable units within each bedroom distribution as low-income
units, with the 50% balance of units within each bedroom distribution
allowed to be moderate-income units, unless otherwise agreed to by
Fair Share Housing Center and Rumson in a court-approved writing.
Said affordable housing will also comply with pricing and rent of
units, affirmative marketing, at least thirty-year minimum affordability
controls set by deed restriction in accordance with UHAC and the Borough's
Affordable Housing Ordinance, and the affordability controls shall
remain unless and until the Borough, in its sole discretion, takes
action to extend or release the unit from such controls. Construction
phasing with any market rate units developed on the tract is required
by N.J.A.C. 5:93-5.6(d).
(c)
The Borough-designated affordable housing administrative agent, or
a qualified administrative agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site affordable unit, in accordance with the Borough's
affirmative marketing plan and applicable law, including the posting
of all affordable units on the online New Jersey Housing Resource
Center website, with all administrative costs to be paid by the developer.
[Added 12-14-2021 by Ord. No. 21-013D]
a.
Applicability.
The use, bulk, design and performance standards of the AHR-5 District
shall supersede the zoning provisions of the Rumson Borough General
Ordinances and the Development Regulation Ordinance (Chapter XXII).
b.
Purpose.
The AHR-5 Zoning District is intended to provide for the development
of 100% affordable dwelling units. The AHR-5 District is being created
to implement the First Amendment to the January 16, 2020 Settlement
Agreement between the Borough of Rumson and Fair Share Housing Center,
December 18, 2020.
c.
Permitted
Uses. Permitted principal uses and structures. The following principal
use and structure shall be permitted in the AHR-5 District.
1.
Two-family
dwelling.
e.
Maximum
Building Height.
1.
Maximum
building height for principal structure shall not exceed 35 feet in
height and 2 1/2 stories.
2.
Maximum
building height for the stand-alone garage buildings shall not exceed
16 feet in height and one story.
3.
Any
roof type occupying 5% or more of the roof area shall be subject to
the height limitation of the particular roof type; otherwise, the
predominant roof type shall control.
4.
The
following shall apply to properties located within a FEMA mapped Special
Flood Hazard Area:
(a)
Within all areas of special flood hazards as set forth in Subsection 17-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection 17-4.3b., Use of Other Base Flood Data, the maximum ridge height shall be measured from the FEMA base flood elevation or advisory base flood elevation, whichever is greater.
(b)
Existing homes within all areas of special flood hazards as set forth in Subsection 17-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection 17-4.3b, Use of Other Base Flood Data, being elevated to comply with Subsection 17-6.2, Specific Standards, are exempt from maximum ridge and eave height requirements.
f.
Area
and Yard Requirements. The following area and bulk regulations shall
apply:
1.
Maximum
number of dwelling units: two.
2.
Maximum
building coverage: 35%.
3.
Maximum
impervious coverage: 65%.
4.
Minimum
front yard (west side) setback: eight feet.
5.
Minimum
front yard (south side) setback: nine feet.
6.
Minimum
side yard (north side) setback: 35 feet.
7.
Minimum
rear yard (east side) setback: eight feet.
8.
Minimum
accessory structure setback from tract boundary: 2.5 feet.
[Added 12-14-2021 by Ord. No. 21-014D]
a.
Applicability.
The use, bulk, design and performance standards of the AHR-6 District
shall supersede the zoning provisions of the Rumson Borough General
Ordinances and the Development Regulation Ordinance (Chapter XXII).
b.
Purpose.
The AHR-6 Zoning District is intended to provide for the development
of 100% affordable dwelling units. The AHR-6 District is being created
to implement the First Amendment to the January 16, 2020 Settlement
Agreement between the Borough of Rumson and Fair Share Housing Center,
December 18, 2020.
c.
Permitted
Uses. Permitted principal uses and structures. The following principal
uses and structures shall be permitted in the AHR-6 District.
e.
Maximum
Building Height.
1.
Maximum
building height for the principal structures shall not exceed 35 feet
in height and 2 1/2 stories.
2.
Maximum
building height for the stand-alone garage buildings shall not exceed
16 feet in height and one story.
3.
Any
roof type occupying 5% or more of the roof area shall be subject to
the height limitation of the particular roof type; otherwise, the
predominant roof type shall control.
4.
The
following shall apply to properties located within a FEMA mapped Special
Flood Hazard Area:
(a)
Within all areas of special flood hazards as set forth in Subsection 17-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection 17-4.3b, Use of Other Base Flood Data, the maximum ridge height shall be measured from the FEMA base flood elevation or advisory base flood elevation, whichever is greater.
(b)
Existing homes within all areas of special flood hazards as set forth in Subsection 17-3.2, Basis for Establishing Areas of Special Flood Hazard, or in Subsection 17-4.3b, Use of Other Base Flood Data, being elevated to comply with Subsection 17-6.2, Specific Standards, are exempt from maximum ridge and eave height requirements.
f.
Area
and Yard Requirements. The following area and bulk regulations shall
apply:
[Added 10-10-2023 by Ord. No. 23-005D; amended 9-10-2024 by Ord. No. 24-010D]
a.
Purpose: The AH-2 Zone is intended to provide for development of
100% affordable dwelling units. The AH-2 Zone shall provide for 12
family rental apartments.
b.
Location. The AH-2 Zone is applicable to Block 25, Lot 4.
d.
Accessory Uses Permitted. The following accessory uses and structures
shall be permitted provided they are located on the same premises
as the principal use or structure to which they are accessory and
are located in the rear or side yard:
e.
Development Standards.
1.
Minimum lot size is equal to the size of Block 25, Lot 4.
2.
Maximum height: 2 1/2 stories or 35 feet.
3.
Maximum building coverage: 50%.
4.
Maximum Lot Coverage: 95%.
5.
Minimum front yard setback: 15 feet.
6.
Minimum side yard setback: 10 feet.
7.
Minimum rear yard setback: 10 feet.
8.
A minimum 10-foot vegetated buffer shall be provided adjacent to the side and rear lot lines in accordance with subsection 22-8.4e.
9.
Lighting for parking areas and driveways shall not exceed 12 feet
in height.
10.
All refuse and recycling storage shall be fully enclosed and screened
within a masonry refuse enclosure that is a minimum of six feet in
height on all sides and shall contain facade materials that are consistent
with the materials used for the principal structure.
11.
Compliance with Residential Site Improvement Standards (N.J.A.C.
5:21) is not required and if appropriate, the Planning Board may grant
a de minimis exception.
12.
Building Design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of and complimentary to significant
buildings reflecting the traditional architecture in the NB, GB and
POB zoning districts. The applicant for any development shall demonstrate
such design by providing examples of and comparisons with existing
high-quality architecturally significant buildings.
(b)
All HVAC and mechanical equipment shall be adequately screened
from view.
13.
Affordable Housing.
(a)
The AH-2 Zone shall provide 12 affordable family rental units.
Affordable units in said projects must be affordable to very-low-,
low- and moderate-income households in accordance with the Borough's
Affordable Housing Ordinance, the Borough's Housing Element and Fair
Share Plan, any applicable Order of the Court (including a Judgment
of Compliance and Repose Order), the Fair Housing Act, N.J.S.A. 52:27D-301,
et. seq. ("FHA"), Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. ("UHAC"), and applicable New Jersey Council on Affordable
Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq.
(b)
The family rental affordable housing shall include standards
for the split between very -low-, low- and moderate-income housing
providing a minimum of 13% of the affordable units within each bedroom
distribution as very-low-income units at 30% of the median income,
37% of the affordable units within each bedroom distribution as low-income
units, with the 50% balance of units within each bedroom distribution
allowed to be moderate-income units, unless otherwise agreed to by
Fair Share Housing Center and Rumson in a court-approved writing.
Said affordable housing will also comply with bedroom distribution
requirements (unless otherwise agreed to by Fair Share Housing Center
and Rumson in a court- approved writing), pricing and rent of units,
affirmative marketing, at least 30-year minimum affordability controls
set by deed restriction in accordance with UHAC and the Borough's
Affordable Housing Ordinance, and the affordability controls shall
remain unless and until the Borough, in its sole discretion, takes
action to extend or release the unit from such controls. Construction
phasing with any market rate units developed on the tract is required
by N.J.A.C. 5:93-5.6(d).
(c)
The Borough designated Affordable Housing Administrative Agent,
or a qualified Administrative Agent selected by the developer, shall
be responsible to affirmatively market, administer and certify the
occupant of each on-site affordable unit, in accordance with the Borough's
affirmative marketing plan and applicable law, including the posting
of all affordable units on the online New Jersey Housing Resource
Center website, with all administrative costs to be paid by the developer.
Certain uses are necessary to serve the needs of the Borough's
citizens but such uses may become inimical to the public health, safety,
and welfare unless established according to specifications and standards
controlling their limit and extent. Accordingly, this chapter designates
such uses as conditional uses to be permitted only if the conditions
specified by this section are complied with as determined by the review
of the Planning Board.
The following shall apply to the review and approval of a conditional
use.
a.
The use for which an application is being made shall be specifically
listed as a conditional use within the zone where the property is
located.
b.
Site plan approval shall be required unless otherwise specified in
this chapter.
c.
The conditional use shall comply with the design standards, improvement
standards, and document submittal requirements of this chapter unless
a requirement is waived by the approving authority.
d.
The conditional use shall adhere to the additional standards specified
under this chapter for the particular use.
e.
The approving authority may impose additional requirements to protect
the public health, safety, and welfare which it deems necessary by
reason of the location or other factors related to a particular application.
Such requirements shall be provided for and maintained as a condition
of the establishment of the use.
[Ord. 7/11/91, § 11; Ord. No. 08-015D, § 1]
Places of worship may be permitted as a conditional use in those
zones specified provided that the use and/or structures shall adhere
to the following:
a.
The use shall adhere to the minimum standards of the particular zone
district or to the following standards, whichever is more restrictive:
1.
Minimum lot size, within the R-1 Zone shall be two acres. In all
other zones, the minimum lot size shall be one acre.
2.
Minimum lot width, one hundred fifty (150') feet.
3.
Minimum front yard, one hundred (100') feet.
4.
Minimum side yard, forty (40') feet.
5.
Minimum rear yard, forty (40') feet.
b.
No accessory building shall be located closer than thirty (30') feet
to any side or rear residential property line.
c.
The height of structures to be constructed may exceed the maximum
height requirements of this chapter, provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by two (2') feet for each foot by which the height of the structure
exceeds the maximum height which would be otherwise permitted by this
chapter, and further provided that in no case shall any proposed structure
exceed fifty (50') feet in height.
d.
Maximum lot and building coverage and maximum floor area ratio shall
be 75% of the maximum set forth in Schedules 5-3A, 5-3B, 5-4 and 5-5.[1]
[1]
Editor's Note: Schedules referred to herein are included as attachments to this chapter.
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines, switching
stations, which must be provided above ground, may be permitted as
a conditional use in those zones specified provided that the use and/or
structures shall adhere to the minimum standards of the particular
zone and the following:
a.
A statement is submitted setting forth the reasons that the proposed
installation must be provided above ground in a specific location
and why it is necessary and convenient for the efficiency of the public
utility system or for the satisfactory and convenient provision of
service by the utility to the neighborhood or area in which the particular
use is to be located.
b.
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping including shrubs, trees and lawn are provided
and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements
of the district in which it is located, except that it need not have
the minimum required lot area. Only one principal building will be
permitted on the lot and a paved parking area is required.
Motor vehicle service stations may be permitted as a conditional
use in those zones specified provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
a.
The site plan shall show the number and location of fuel tanks to
be installed, the dimensions and capacity of each storage tank, the
depth the tanks will be placed below the ground, the number and location
of pumps, wash racks, lubrication bays, air hoses and any other similar
equipment to be installed, the type of structure and accessory buildings
to be constructed, and the number of automobiles which are to be garaged.
b.
Motor vehicle service stations shall have a lot area of not less
than 20,000 square feet with a minimum frontage of one hundred fifty
(150') feet on one street. If the lot requirements for the zone are
greater, they shall take precedent. No building shall be constructed
closer than fifty (50') feet to any street line or closer than twenty-five
(25') feet to any lot line. Where a filling station or public garage
abuts a residential zone along a side property line, the side yard
setback for the filling station or public garage shall be increased
from twenty-five (25') feet to fifty (50') feet and a twenty-five
(25') foot width planting screen approved by the Planning Board shall
be provided along the entire side property line.
c.
No motor vehicle service station shall be located within five hundred
(500') feet of any existing motor vehicle service station property
or any public entrance to a church, school, library, fire station,
park, playground, charitable institution, or place of public assemblage.
The distance shall be measured in a straight line along the center
line of streets forming the shortest route from a point opposite the
nearest boundary from said public entrance to a point opposite the
nearest boundary of the service station lot.
d.
Driveways shall cross the sidewalks at right angles at any point
thereof. Driveways shall be at least twenty-five (25') feet from any
side lot line and at least forty (40') feet from the intersection
of street lines.
e.
The nearest boundary line of the lot or parcel of land so to be used
shall be at least one hundred (100') feet measured in a straight line
from the intersection of any two streets designated as collector roads
in the Rumson Master Plan.
f.
All fuel pumps, air hoses and any other equipment used in servicing
cars shall be located at least thirty-five (35') feet from all street
lines and twenty-five (25') feet from other property lines.
g.
No vehicle shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment, except for
the following: no more than five during working hours and no more
than three overnight. Overnight out-door storage of more than three
vehicles shall be prohibited.
h.
All fuel tanks shall be installed underground.
i.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
j.
Any repair, lubrication or other similar services to motor vehicles
shall be performed in a fully enclosed building. No parts or partially
dismantled motor vehicle may be stored out-of-doors.
k.
Coin operated service stations are not permitted.
l.
No auto body work shall be permitted.
m.
Illumination shall be such that no direct glare from the lights shall
fall upon adjoining streets or properties.
n.
Sale of new or used cars is prohibited.
o.
Accessory goods for sale may be displayed on the pump islands and
the building island only. The outside storage of oil cans and/or anti-freeze
and similar products may be displayed on the respective islands, if
provided for in a suitable metal stand or rack.
p.
The Municipal Agency shall determine that the planning of the lot
is properly suited to the area and in connection therewith may require
adequate buffers of foliage or screen fencing, if necessary, to protect
surrounding properties from any lights or noises that may be generated
from the property.
q.
Signs shall conform to the requirements of the zone district.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the State
may be permitted as a conditional use in those zones specified provided
that the use and/or structures shall adhere to the minimum standards
of the particular zone and the following:
a.
Convents, social halls and similar uses which are accessory to the
educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall
be considered educational uses and shall be subject to the provisions
of this section.
c.
Nursery schools serving more than 25 children shall contain a minimum
lot area of three acres plus one acre for each 25 children or fraction
thereof.
d.
Elementary schools shall have a minimum lot area of five acres plus
one acre for each 25 students or fraction thereof.
e.
Secondary schools shall have a minimum lot area of 10 acres plus
one acre for each 25 students or fraction thereof.
f.
Educational uses shall be screened from adjacent residential zones
or existing residences adjacent to the site and/or shall provide fencing
along such property lines as may be deemed adequate by the Planning
Board.
g.
Minimum building setback shall be fifty (50') feet.
Nursery schools serving more than five but not more than 25
children may be permitted as a conditional use in those zones specified
provided that the use and/or structures shall adhere to the minimum
standards of the particular zones and the following:
[1]
Editor's Note: Former subsection 22-6.8, Community Residence
for the Developmentally Disabled and Shelters for Victims of Domestic
Violence, previously codified herein was repealed by Ordinance 3/18/04.
[Ord. 5/6/04, § 2; Ord. No. 18-006D § 2]
a.
General Requirements and Conditions. Accessory apartment units shall
be permitted as a conditional use in the R-1 and R-2 Zone Districts,
provided that the use and buildings shall adhere to the following
minimum standards and conditions:
1.
No more than one accessory apartment unit shall be permitted.
2.
The accessory apartment unit shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all local
building codes.
3.
An accessory apartment unit shall, for a period of at least 10 years
from the date of the issuance of a Certificate of Occupancy, be rented
only to a very low, low or moderate income qualified household as
is defined by applicable Council on Affordable Housing ("COAH") and
Uniform Housing Affordability Controls ("UHAC") regulations at the
time of initial occupancy of the unit.
4.
Rents of accessory apartment units shall be affordable to very low,
low and moderate income households as per applicable COAH and UHAC
regulations, or by Court Order, and shall include a utility allowance.
5.
Rent increases shall be in accordance with COAH or Court approved
percentages.
6.
There shall be a recorded deed or declaration of covenants and restrictions
applied to the property upon which the accessory unit is located running
with the land and limiting its subsequent rental or sale within the
requirements of paragraphs 2, 3, 4 and 5 above.
7.
Each accessory apartment unit shall have living/sleeping space, cooking
facilities, a kitchen sink and complete sanitary facilities for the
exclusive use of its occupants. It shall consist of no less than two
rooms, one of which shall be a full bathroom.
8.
The accessory apartment unit shall have a separate door with direct
access to the outdoors.
9.
The potable water supply and sewage disposal system for the accessory
apartment unit shall be adequate to service the unit.
10.
During the period in which affordability controls are in place, the
accessory apartment unit shall be affirmatively marketed to the housing
region in accordance with applicable COAH and UHAC regulations, as
well as subsection 22-7.35, Affirmative Marketing of Affordable Housing
Units.
11.
Accessory apartment units may be located in an existing accessory
building so long as the existing building footprint of the building
is maintained. Any additions to a principal or accessory building
to accommodate an accessory unit shall conform to the setback requirements
for principal buildings in the district.
12.
New freestanding accessory buildings containing accessory apartment
units shall conform to the setback requirements for principal buildings
in the district.
13.
Accessory apartment units are exempt from bedroom mix requirements
in N.J.A.C. 5:93-7.3.
14.
To increase the viability of the Borough's accessory apartment program,
and to help subsidize the physical creation of accessory apartment
units, the Borough will increase the minimum $10,000 per accessory
apartment required by N.J.A.C. 5-93-5.9(a)(2) by providing $25,000
for a moderate income accessory apartment unit, $35,000 for a low
income accessory apartment unit and $50,000 for a very low income
accessory apartment unit.
b.
Other Requirements.
1.
All standards and requirements of the zone district, except as modified
by this section, shall apply.
2.
The lot must contain a conforming principal dwelling except as otherwise permitted pursuant to subsection 22-7.3, Nonconforming Uses, Buildings and Structures.
3.
The total number of parking spaces required shall be met on site
in compliance with RSIS for the principal dwelling and accessory apartment.
The accessory apartment parking demand is calculated using the "Garden
Apartment" classification. If parking for an accessory apartment is
added, screening is required sufficient to minimize the visual impact
on abutters, such as evergreen or dense deciduous plantings, walls,
fences, or a combination.
4.
Exterior alterations are permitted provided they are in keeping with
the architectural integrity of the structure, and the look, character
and scale of the surrounding neighborhood as viewed from the street,
including, but not limited to, the following considerations:
(a)
The exterior finish material should be the same or visually
consistent in type, size, and placement, as the exterior finish material
of the remainder of the building;
(b)
The roof pitch should be consistent with the predominant roof
pitch of the remainder of the building;
(c)
Trim should be consistent in type, size, and location as the
trim used on the remainder of the building;
(d)
Windows should be consistent with those of the remainder of
the building in proportion and orientation;
(e)
Exterior staircases should be designed to minimize visual intrusion
and be complementary to the existing building.
c.
Administrative Entity. The Borough's designated Administrative Agent
is the entity that will administer the Borough's accessory apartment
program. The Administrative Agent shall administer the program in
accordance with applicable COAH and UHAC regulations and pursuant
to the following procedures and requirements:
1.
The administrative responsibilities of the Administrative Agent includes,
but is not limited to, advertising, income qualifying prospective
renters, setting rents and annual rental increases, maintaining a
waiting list, distributing the subsidy, securing the securing certificates
of occupancy, qualifying properties, handling application forms, filing
deed restrictions and monitoring reports and affirmatively marketing
the accessory unit program.
2.
Applicants for accessory apartment units shall submit required application
forms and documentation directly to the Borough's Zoning Officer,
who shall transmit application material to the Borough's Administrative
Agent. The Borough's Administrative Agent shall only approve an application
for an accessory apartment unit if the project is in conformance with
applicable COAH and UHAC requirements, the Borough's Zoning Ordinance
and Development Regulations, any applicable Court orders or Court
approved agreements, and this section. All approvals or denials shall
be in writing with the reasons clearly stated.
3.
In accordance with applicable COAH or UHAC requirements, the Borough
shall subsidize the physical creation of a very low, low and moderate-income
accessory apartment unit in accordance with current COAH and UHAC
minimum requirements or such additional amount as determined necessary
by the Borough or the Court to create either a low and moderate-income
unit meeting COAH and UHAC requirements. Prior to the grant of such
subsidy, the property owner shall enter into a written agreement with
the Borough ensuring that; (1) the subsidy shall be used to create
the accessory apartment unit; and (2) the unit shall meet the requirements
of this Ordinance and all applicable COAH and UHAC regulations.
d.
Submission Requirements and Application Procedures. Applicants for
the creation of an accessory apartment unit shall submit an application
for a development permit and the required application information
to the Borough's Zoning Officer, who shall submit a copy of the application
to the Borough's Administrative Agent, the administrative entity for
the program.
1.
Applicants shall submit the same information required for an application
for a single family dwelling, along with the following additional
requirements:
(a)
For an accessory apartment unit located within a principal building,
a sketch of the floor plan(s) of the unit showing the location, size
and relationship to both the accessory apartment unit and the primary
dwelling unit in the building.
(b)
For an accessory apartment unit located in an accessory building,
the floor plan(s) of the accessory apartment unit and for all other
rooms and building elements in the accessory building not used for
residential purposes and their use (i.e. storage, garage, etc.).
(c)
Elevations showing any new construction and modifications of
any exterior building facades to which changes are proposed.
(d)
A site development sketch showing the location of the principal
building and accessory buildings, all property lines, proposed additions
if any, along with the minimum building setback line, the required
parking spaces for both dwelling units, and any site conditions which
might affect development.
2.
The Zoning Officer shall process the application in accordance with
normal procedures. The issuance of a development permit or any affirmative
action by a municipal agency shall be preceded by or conditioned upon
approval by the Borough's Administrative Agent pursuant to this section.
e.
Conversion of Existing Accessory Apartment Unit. Accessory apartment
units created prior to the adoption of this subsection or without
proper permits may be converted to a low and moderate-income accessory
unit under the provisions of this section consistent with N.J.A.C.
5:93-5.9 of COAH's Prior Round regulations. All the requirements of
this section and applicable COAH and UHAC regulations shall apply,
except that the Borough shall not provide a subsidy unit.
[Ord. No. 08-011D,§ 1; Ord. No. 08-015D, § 1; Ord. No. 17-009D]
Restaurants may be permitted as a conditional use in those zones
specified provided that the use and buildings shall adhere to the
minimum standards of the zone districts and to the requirements of
this section:
a.
The lot shall be at least 20,000 square feet in area with a minimum
width of one hundred twenty-five (125') feet.
b.
The nearest boundary line of the lot or parcel of land so to be used
shall be at least one hundred (100') feet measured in a straight line
from the intersection of any two streets designated as County roads
or in the Rumson Master Plan as collector streets.
c.
No building shall be constructed closer than fifty (50') feet to
any street line or closer than twenty-five (25') feet to any lot line.
d.
Driveways shall cross the sidewalks at right angles and shall not
be more than twenty-four (24') feet wide at any point thereof. Driveways
shall be at least twenty-five (25') feet from any side lot line and
at least forty (40') feet from the intersection of street lines.
e.
Illumination of the restaurant or area so utilized shall be such
that no direct glare from the lights thereof shall fall upon adjacent
property.
f.
Signs shall be subject to the controls in this chapter.
g.
The Planning Board shall determine that the planning of the lot is
properly suited to the area and in connection therewith may require
adequate buffers of foliage or screen fencing, if necessary, to protect
surrounding properties from any lights or noises that may be generated
from the property.
h.
Where a restaurant abuts a residential zone along a side or rear
property line, the side or rear yard setback for the restaurant shall
be increased from twenty-five (25') feet to fifty (50') feet and a
twenty-five (25') foot width planting screen approved by the Planning
Board shall be provided along the entire property line.
j.
Live Entertainment.
1.
Indoor live entertainment limited to no more than three days/nights
per week and no later than 12:30 a.m.
2.
Outdoor café live entertainment limited to acoustical and/or
non-amplified singers and/or acoustic musicians limited to no more
than three days/nights per week and no later than 10:00 p.m.
[Ord. 12/18/97, § IV; Ord. 2/18/99, § 1; Ord. No. 17-009D]
Wireless telecommunications antennas and towers may be allowed
as a conditional use on property which is not owned, leased, or otherwise
controlled by the Borough of Rumson, in accordance with the minimum
standards of the zone district and the standards, regulations, and
requirements set forth in this subsection, in those zones where public
utilities are permitted as a principal or conditional use. Site plan
approval shall be required prior to the installation of wireless telecommunications
towers, antennas, and transmission facilities on non-Borough owned
property and in Borough or County right-of-ways.
a.
General. Wireless telecommunications towers, antennas, and transmission
facilities shall only be permitted on non-Borough property where the
municipal approving authority has determined the following:
1.
There is substantial evidence that there is a significant gap in
the telecommunications grid within the Borough which the proposed
facility will correct.
2.
There is no Borough owned property available or no Borough wireless
telecommunications towers, antennas, or transmission facilities available
where the proposed facility could locate or co-locate that would correct
the telecommunications gap.
3.
There are no non-Borough wireless telecommunications towers, antennas,
or transmission facilities available on which the proposed facility
could locate or co-locate that would correct the telecommunications
gap.
4.
There is no residential use, school use, or health-care use on the
lot on which the proposed facility is located and that the different
use of an existing structure on the same lot does not preclude the
installation of an antenna or tower.
5.
The application for the proposed facility is the joint application
of two or more wireless communications carriers licensed to provide
service within the area and the application provides for the co-location
of two or more carriers at the site.
6.
The dimensions of the entire lot on which the facility is located
are used for the purpose of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot-coverage requirements,
and other such requirements. The dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
7.
A plan is submitted for the periodic testing of the facility to ensure
ongoing compliance with applicable Federal and/or State standards.
The plan is subject to the review and approval of the Municipal Agency.
b.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Borough as part of the application an inventory
of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of the Borough or
within two miles of the border thereof, including specific information
about the location, height, and design of each tower. The Borough
may share such information with other applicants applying for approvals
under this section or other organizations seeking to locate antennas
within the jurisdiction of the Borough, provided, however that the
Borough is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
c.
Aesthetics. Towers, antennas and associated equipment and controls
shall meet the following requirements:
1.
Towers shall either maintain a finish or be painted a color approved
by the Municipal Agency, so as to reduce visual obtrusiveness, subject
to any applicable standards of the FAA.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
d.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
e.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the State or Federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this subsection
shall bring such towers and antennas in compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
f.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Borough concludes that a tower fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
g.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough irrespective of municipal and County jurisdictional boundaries.
h.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough have been obtained
and shall file a copy of all required franchises with the Borough.
i.
Signs. No signs shall be allowed on an antenna or tower.
j.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 22-6.11t.
k.
Maximum Height. The tower shall meet the following height and usage
criteria:
One hundred twenty-five (125') feet in height. A licensed New
Jersey professional engineer must certify that the tower can structurally
accommodate the number of shared users proposed by the applicant.
l.
Information Required. In addition to any information required for
applications for site plan review pursuant to this chapter, applicants
for approval for a tower shall submit the following information:
1.
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection 22-6.11p, 2, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and the nearest residential
unit, platted residentially zoned properties, and unplatted residentially
zoned properties.
4.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 22-6.11b shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
6.
Method of fencing and finished color as required by subsection 22-6.11q, and, if applicable, the method of camouflage and illumination.
8.
A statement by the applicant as to the number of users construction
of the tower will accommodate for co-location.
9.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular or personal
communication service sites owned or operated by the applicant in
the municipality.
10.
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed tower.
11.
A description of the feasible location(s) of future towers or antennas
within the Borough based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
m.
Factors Considered in Granting Approval for Towers. In addition to
any standards for consideration of site plans pursuant to this chapter,
the municipal agency shall consider the following factors in determining
whether to issue an approval:
1.
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 22-6.11n of this subsection;
2.
Height of the proposed tower;
3.
Proximity of the tower to residential structures and residential
district boundaries;
4.
Nature of uses on adjacent and nearby properties;
5.
Surrounding topography;
6.
Surrounding tree coverage and foliage;
7.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
8.
Proposed ingress and egress.
n.
Availability of Suitable Existing Towers, Other Structures, or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Municipal Agency that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Municipal
Agency related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
1.
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
4.
The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the applicant's proposed antenna.
5.
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs not exceeding
new tower development are presumed to be reasonable.
6.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
o.
Minimum Required Setback. The following minimum setback requirements
shall apply to all towers for which site plan approval is required:
1.
Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line, but in no event shall
the tower be located in the minimum required yard area or buffer area
of the zone district.
2.
Guys and accessory buildings and structures must satisfy the minimum
zoning district setback and buffer requirements.
p.
Minimum Separation Requirement Between Uses. The following separation
requirements shall apply to all towers and antennas for which approval
is required under this section:
1.
Separation from Off-Site Uses/Designated Areas.
(a)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in paragraph (b), below, except as otherwise provided.
(b)
Towers shall maintain a separation distance of two hundred (200')
feet or 300% of the tower height, whichever is greater, from residential
dwelling units.
2.
Separation Distances Between Towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers or other proposed towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below in the table of required separation
distances between towers.
|
Table of Required Separation Distances between Towers
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Ft. in Height or Greater
|
Monopole Less Than 75 Ft. in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 Ft. in Height or Greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole Less than 75 Ft. in Height
|
750
|
750
|
750
|
750
|
q.
Security Fencing. Towers shall be enclosed by security fencing not
less than six (6') feet in height and shall also be equipped with
an appropriate anti-climbing device; provided however, that the Municipal
Agency may waive such requirements, as it deems appropriate.
r.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the Municipal Agency may waive such requirements if
the goals of this subsection would be better served thereby.
1.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from property
used for residences.
2.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
3.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be sufficient buffer.
s.
Conditions and Alternative Tower Structure. In approving the tower
the Municipal Agency may impose conditions, including the use of an
alternative tower structure, to the extent the Municipal Agency concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties or the neighborhood in which
it is located.
t.
Buildings or Other Equipment Storage.
1.
Antennas Mounted on Structures or Rooftops. Antennas mounted on buildings
or existing elevated structures shall not extend beyond the permitted
building height for the applicable zone. The equipment cabinet or
structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than ten (10') feet in height.
In addition, for buildings and structures which are less than sixty-five
(65') feet in height, the related unmanned equipment structure, if
over 200 square feet of gross floor area or ten (10') feet in height,
shall be located on the ground and shall not be located on the roof
of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
u.
Antennas Located on Towers, Utility Poles, or Light Poles. Antennas
shall not be located on towers, utility poles, or light poles within
a Borough street or right-of-way unless such facilities are approved
by the Borough Council. Antennas proposed on towers, utility poles,
or light poles within a street or right-of-way not owned by the Borough
shall require approval as a conditional use. The related unmanned
equipment structure shall not contain more than 200 square feet of
gross floor area or be more than ten (10') feet in height, and shall
be located in accordance with the minimum yard and buffer requirements
of the zoning district in which located and shall be screened from
view of all residential properties.
v.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Borough of Rumson
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
[Added 12-15-2020 by Ord. No. 20-008D]
a.
Purpose.
1.
With
ever-changing cellular technology and the need for broadband internet
access increasing, the purpose of these regulations for the siting
of small cellular equipment and antennas is to:
(a)
Protect residential areas and land uses from the potential adverse
impacts of small cellular equipment and antennas;
(b)
Encourage the location of small cellular equipment and antennas in
appropriate locations;
(c)
Minimize the total number of small cellular equipment and antennas
throughout the community;
(d)
Strongly encourage the joint use of small cellular equipment and
antennas as a primary option rather than construction of additional
single use elements;
(e)
Encourage the implementation of small cellular equipment and antennas
to locate them, to the greatest extent possible, in areas where the
adverse impact on the community is minimal;
(f)
Encourage the implementation of small cellular equipment and antennas
in a way that minimizes the adverse visual impact of the small cellular
equipment and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(h)
Consider the public health and safety of small cellular equipment
and antennas; and
(i)
Avoid potential damages to adjacent properties from small cellular
equipment and antennas failures through engineering and careful siting
of small cellular equipment and antennas.
2.
In furtherance
of these goals, the Borough of Rumson shall give due consideration
to the Borough Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of small cellular
equipment and antennas.
b.
Design. The design of small cellular equipment and antennas shall comply with § 22-6.11, Wireless Telecommunications Towers, Antennas, and Transmission Facilities on Non-Municipal Property, and § 22-7.34, Wireless Telecommunications Towers, Antennas, and Transmission Facilities, as applicable, unless otherwise stated herein.
1.
No small
cellular equipment and antenna shall be installed within a Borough
or county right-of-way without the issuance of a Borough road opening
permit.
2.
Siting
small cellular equipment and antennas, when utilities are aerial:
(a)
No small cellular antenna shall be taller than 35 feet or 110% of
the height of poles in the surrounding streetscape, whichever is less;
(b)
No small cellular equipment and antenna shall be located closer than
18 inches behind the face of curb or edge of pavement;
(c)
Small cellular equipment and antenna shall not adversely impact the
accessible route of a public sidewalk existing or proposed;
(d)
Small cellular equipment and antenna shall use an existing utility
pole or replace an existing utility pole. No new pole shall be installed;
(e)
Small cellular equipment and antenna shall be located on the same
side of a street as the existing overhead utilities;
(f)
Small cellular equipment and antenna shall be located where property
lines abut or on side property lines of corner lots to the greatest
extent possible;
(g)
Small cellular equipment and antenna shall not impact sight distances
from public or private streets, driveways, or parking lots.
3.
Siting
small cellular equipment and antennas, when utilities are underground:
(a)
No small cellular antenna shall be taller than 35 feet;
(b)
No small cellular equipment and antenna shall be located closer than
18 inches behind the face of curb or edge of pavement;
(c)
Small cellular equipment and antenna shall not adversely impact the
accessible route of a public sidewalk existing or proposed;
(d)
Small cellular equipment and antenna shall be located where property
lines abut or on side property lines of corner lots to the greatest
extent possible;
(e)
Small cellular equipment and antenna shall not impact sight distances
from public or private streets, driveways, or parking lots.
4.
Ground-mounted
equipment.
(a)
All ground-mounted equipment shall be located outside the 500-year
special flood hazard areas as delineated on the FEMA Flood Insurance
Rate Maps currently adopted by the Borough of Rumson.
(b)
All ground-mounted equipment shall be located in an enclosed cabinet.
Only an electric utility meter shall be mounted outside the equipment
enclosure.
(c)
Ground-mounted equipment shall be screened from public view with site appropriate landscape buffering. Refer to §§ 22-8.2f, Landscape Design, and 22-8.4, Design Standards — Landscaping, for landscape design standards.
(d)
All ground-mounted equipment shall be treated in an all-weather,
long-lasting paint which is aesthetically congruent with the surrounding
environment.
(e)
All ground-mounted equipment shall not impact sight distances from
public or private streets, driveways, or parking lots.
(f)
All ground-mounted equipment shall not exceed six feet, six inches
in overall height as measured from existing ground surface.
5.
Pole-mounted
antenna and equipment.
(a)
A single antenna shall not exceed three cubic feet in volume;
(b)
Multiple antennas on a single pole shall not exceed six cubic feet
in volume;
(c)
Equipment cabinets mounted on single pole shall not exceed 12 cubic
feet in volume;
(d)
All pole-mounted elements shall be finished and/or painted and otherwise
camouflaged, in conformance with best available stealth technology
methods, as to blend in compatibility with its background and so at
to minimize its visual impact on surrounding properties;
(e)
All pole-mounted elements shall not impact sight distances from public
or private streets, driveways, or parking lots;
(f)
All pole-mounted elements shall not impact the accessible route of
a public sidewalk existing or proposed;
(g)
The applicant shall provide a certification from a New Jersey licensed
professional engineer attesting the pole is structurally suitable
to carry the proposed equipment loads. The certification shall include
the utility pole number as delineated in the field.
The purpose of these provisions is to provide direction regarding
the administration and application of development requirements and
restrictions within the Borough's zone districts. Deviation from the
standards of this section will only be permitted when a variance is
granted pursuant to N.J.S.A. 40:55D-70.
Any restrictions or requirements with respect to buildings or
land, which appear in other ordinances of the Borough or are established
by law and which are greater than those set forth herein, shall take
precedence over the provisions of this chapter.
[Ord. 5/19/05, § 4; Ord. No. 12-013D]
a.
Continuation of Nonconforming Lots, Uses, Buildings and Structures.
Except as otherwise provided in this chapter the lawful use of the
land or a building existing at the date of the adoption of this chapter
may be continued although such lot, use, building or structure does
not conform to the regulations specified by this chapter for the zone
in which such lot, use, building or structure is located; provided,
however, that:
1.
Any lot upon which a nonconforming use or structure is located shall
not be reduced in size nor shall any lot already nonconforming be
made more nonconforming in any manner.
2.
No nonconforming building or structure shall be enlarged, extended
or increased unless such enlargement is conforming.
3.
No nonconforming use may be expanded.
b.
Abandonment of Nonconforming Use. A nonconforming use shall be deemed
to be abandoned where there is: (1) an intention to abandon as well
as (2) an external act (or omission to act) by which such intention
is carried into effect.
It shall be prima facie evidence that a nonconforming use has
been abandoned when there occurs a cessation of such use on the part
of a tenant or owner for a continuous period of at least one year.
When a nonconforming use has been abandoned, such use shall
not thereafter be reinstated and any structure shall not thereafter
be reoccupied, except in conformance with this chapter.
c.
Restoration of a Nonconforming Structure. If any nonconforming structure
shall be more than partially destroyed, then the structure may not
be rebuilt, restored or repaired, except in conformity with this chapter.
Destruction to the extent that rebuilding, repair or restoration
requires removal or demolition of any remaining portions of the damaged
part of the structure such that the only major components of the original
structure utilized in such building, repair or restoration are the
foundation or exterior walls shall be prima facie evidence that the
structure has been more than partially destroyed.
Nothing in this chapter shall prevent the strengthening or restoring
of any portion of a structure which has been declared unsafe by the
Construction Official.
d.
Certification of Pre-Existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with subsection 22-3.4d, 3, certifying the legality of a pre-existing nonconforming use, building, or structure.
e.
Alterations and Additions. Alterations, as applied to a nonconforming
building or structure, shall include only a change or rearrangement
of interior partitions, the structural supports or a change in exterior
appearance.
A nonconforming building or structure may be altered, provided
that the cost of alterations does not exceed, in the aggregate, 50%
of the assessed value of the structures. More substantial alterations
are not permitted without Board approval.
The physical expansion of a structure or the intensification of a use associated with a nonconforming building or structure is considered an addition. Furthermore, these types of additions to nonconforming buildings and structures are not permitted except as provided in subsection 22-7.3f,2.
f.
Nonconforming Lots, Buildings and Structures.
1.
A nonconforming lot may not be used for any purpose unless:
(a)
The proposed use and all existing uses is/are permitted principal
or accessory use(s).
(b)
The lot conforms to the minimum lot area requirements of this
chapter.
(c)
Other than minimum lot area, the lot conformed to the zoning
standards in effect immediately prior to the adoption of this chapter.
2.
A nonconforming building or structure may not be enlarged, extended,
increased in height, width or depth; moved or relocated; or modified
in such a way so as to increase habitable or usable space, number
of dwelling units or number of bedrooms; unless it is changed to conform
to the requirements of this chapter except that an existing use (principal
or accessory) may be enlarged, extended or added to provide:
(a)
The proposed use and all existing use(s) is/are permitted principal
or accessory use(s).
(b)
It is located on a lot which conforms to the minimum lot area
requirements of this chapter, and other than lot area, to the zoning
standards in effect immediately prior to the adoption of this chapter,
and
(c)
The enlargement, extension or addition conforms to all requirements
of this chapter and will not result in the creation of any nonconformity
related to the lot and the aggregate of all structures or building.
3.
Principal or accessory buildings or structures may not be constructed
on nonconforming lots and/or on lots which contain a nonconforming
principal building or structure unless:
(a)
Existing and proposed buildings or structures will be used for
a permitted principal or accessory use.
(b)
The lot conforms to the minimum lot area requirement of this
chapter.
(c)
Other than lot area, the lot conforms to the zoning standards
in effect immediately prior to the adoption of this chapter.
(d)
The new structure or buildings conform to all requirements of
this chapter and will not result in the creation of any nonconformity
related to the lot and the aggregate of all buildings or structures.
g.
Prior Approved Construction. Nothing herein contained shall require
any change in plans, construction or designated use of a building
for which a building permit has been hereto before issued and the
construction of which shall have been diligently prosecuted within
three months of the date of such permit, and the ground story framework
of which, including the second tier of beams, shall have been completed
within six months of the date of the permit, and which entire building
shall be completed according to such plans as filed within one year
from the date of the adoption of this chapter.
h.
District Changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the provisions of this chapter shall
also apply to any nonconforming uses existing therein or created thereby.
[Ord. 5/13/93, § 1; Ord. 10/16/97, § II; Ord. 5/19/05, § 5; Ord. No. 12-013D]
a.
On corner lots, the depth of any yards abutting a street shall be
not less than the minimum required front yard depth, except:
1.
Corner lots in the R-1, R-2 and R-3 zones, which existed and conformed
to the zoning standards in effect immediately prior to the adoption
of this chapter, may have a primary front yard and secondary front
yard.
2.
The primary front yard may be designated by the owner, subject to:
3.
The required depth of the primary front yard shall be that required
for the zone district.
4.
The required depth of the secondary front yard shall be the following:
|
R-1 Zone
|
65 feet
|
|
R-2 Zone
|
55 feet
|
|
R-3 Zone
|
50 feet
|
5.
but not more than the required depth of the primary front yard.
b.
Lot lines of corner lots, that are coexistent with side lines of
abutting lots, shall be considered side lines.
c.
Lot lines of corner lots, that are coexistent with rear lines of
adjoining lots, shall be considered rear lines.
d.
Lot lines of corner lots, that are coexistent with lot lines of adjoining
corner lots, shall be considered side lines.
e.
Each corner lot must, in addition to any rear yard required to conform to paragraph c maintain a rear yard setback for the yard most nearly opposite the front yard as required by subsection 22-7.7d.
f.
Each street frontage of a corner lot shall conform to the minimum
required frontage for a corner lot in the applicable zone district
as specified in the schedule of yard, area, and building requirements.
[Ord. 5/19/05, § 6; Ord. No. 08-015D, § 1]
Unless more stringent regulations are required by site plan
or subdivision approval, or by other provisions of this chapter, at
the intersection of two or more streets, no hedge, fence, screening
strip, wall or landscape improvement, structure nor any other obstruction
to vision, between all points between thirty (30") inches and eighty-four
(84") inches above the center line of the intersecting streets, other
than a pole, post, tree trunk or similar vertical obstruction, not
exceeding eighteen (18") inches in diameter, shall be permitted within
the triangular clear sight area formed by lot right-of-way lines and
the line which connects the sight points, determined from Exhibits
9-9A and 9-9B, Case A, B, C1 or C2,[1] as applicable, located on the cartway, curbline or pavement
edge of each intersecting street.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the municipal requirements or
for which such improvement has been guaranteed by the posting of a
performance guarantee pursuant to this chapter unless relief has been
granted under the provisions of N.J.S.A. 40:55D-36.
[Ord. 5/13/93 § 2; Ord. 10/16/97, § III; Ord. 5/19/05 § 7; Ord. 10/19/06 § 1; Ord.
No. 08-015D § 1; Ord.
No. 12-013D; Ord. No. 13-003D § 2; Ord. No. 14-011D § 4; Ord. No. 16-007D § 6; amended 12-15-2020 by Ord. No. 20-008D; 9-10-2024 by Ord. No. 24-009D]
a.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter, shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
b.
All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which located except:
1.
Lots with frontage on more than one street, which are not corner
lots, may have a front and rear yard designated by the owner subject
to:
(a)
If the lot contains a principal structure, the front will be
considered the direction the principal structure faces.
(b)
If the lot does not contain a principal structure and only one
street frontage conforms to lot frontage requirements, the yard abutting
the conforming street frontage will be considered the front yard.
2.
The designated rear yard of a lot with frontage on more than one
street shall be considered a rear yard for the purposes of this chapter,
except for the area within the depth of the required minimum front
yard determined as follows:
c.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code including, but not limited
to, sills, belt courses, chimneys, flues, buttresses, ornamental features,
and eaves, provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than twenty-four
(24") inches, unless otherwise permitted by this chapter.
d.
In the case of a corner lot, the yard most nearly opposite the front
yard shall be considered a rear yard and the minimum rear yard requirement
of the zone shall be maintained. A proposed principal building must
be oriented to face, which means it must have its most prominent facade
and principal entrance face, the front of the lot. The front of the
lot, for the purpose of designating a rear yard and orienting the
principal building, shall be:
e.
Each exterior face of a single-family dwelling shall include windows.
The fenestrated portion of each elevation of a principal single-family
dwelling building shall not be less than 4% of the area of the building
face.
f.
Roofed, open-sided or unroofed porches, decks, patios or similar
structures attached to, or within five (5') feet of, a principal building
shall conform to the yard requirements for the principal building
except:
1.
Roofed open-sided porches in the R-4, R-5 and R-6 Zone Districts
may extend up to five (5') feet into the required front yard setback.
2.
Unroofed stoops or steps may extend up to three (3') feet into any
required yard, provided the total area of such elements may not exceed
50 square feet in the R-4, R-5 and R-6 Zone Districts and 100 square
feet in the other zone districts.
3.
Where the structure has no roof and does not extend more than one
(1') foot above grade, it shall conform to the yard requirements for
an accessory structure.
g.
In the R-4, R-5, R-6 and for single family uses in the POB, GB, and
NB Zone Districts, any building facade substantially facing a side
line with a height (or eave height) exceeding 1/2 the maximum height
permitted and having a length in a single plane (or substantially
parallel planes less than eighteen (18") inches apart) exceeding thirty-five
(35') feet shall maintain a side yard setback, both one side and combined,
two (2') feet greater than the minimum required for the applicable
zone district.
h.
Intrusion into the required setback (yard) shall be measured from
the face of the building foundation wall and be limited to:
1.
For chimneys, fireplaces, rain leaders, drains, and any other utility
service component, two (2') feet.
2.
For bay windows and similar elements, provided that the area of any
wall elevation occupied by such elements does not exceed the greater
of 8% of the total area of the wall elevation or 50 square feet, two
(2') feet.
3.
For eaves, soffits or other roof elements (excluding gutters), three
(3') feet.
5.
For any other element of the building, one (1') foot.
6.
For emergency
escape and egress windows, three feet with appropriately designed
fall protection.
i.
Air-conditioning units must conform to the setback requirements for
accessory structures.
j.
Above and below ground utility equipment, including but not limited to electrical transformers, CT cabinets, hot boxes and similar electrical and mechanical system components, must comply to the sound attenuation standards of subsection 22-7.22c,1. In addition, all units must conform to the design standards - landscaping of subsection 22-8.4, e, 2b and must be painted to blend with landscaping; maintenance access doors shall be oriented so as not to be visible from the street frontage. Zoning Officer approval required.
k.
Generators shall: 1) be provided with a sound attenuation enclosure properly designed by the generator manufacturer for both adequate airflow as well as significant sound reduction and shall have a critical muffler unless waived by the administrative officer (Zoning Officer) who may require certification of sound levels; 2) not be located between a principal structure (or the projection of the face of a principal structure) and any street; 3) conform to the minimum setback requirements for principal structures for all generators greater than 24 kW or conform to the minimum setback requirements for accessory structures for all generators 24 kW or smaller; and 4) be located entirely within 25 feet of the principal structure; or waived by the administrative officer (Zoning Officer) for an alternate location that meets the required accessory or principal setback (example: unit located by detached garage); and 5) be screened when viewed from immediately adjoining properties, public streets, and/or river frontages in accordance with Subsections 22-7.25 and 22-7.32.
l.
Permanently installed above ground utility equipment, including but not limited to air conditioners, irrigation pumps and wells, electrical transformers and water supply valves, shall be screened when viewed from immediately adjoining properties, public streets, and/or river frontages in accordance with subsections 22-7.25 and 22-7.32 unless waived by the administrative officer (Zoning Officer).
[Ord. 5/19/05, § 8; Ord. 10/19/06, § 2; Ord. No. 08-015D, § 1; Ord. No. 12-013D; Ord. No. 15-007D § 1; Ord. No. 16-007D § 7; Ord. No. 17-009D; amended 12-13-2022 by Ord. No. 22-008D; 9-10-2024 by Ord. No. 24-009D]
Accessory buildings and structures shall conform to this subsection
and, when not in conflict with specific provisions of this subsection,
to the general requirements set forth in Schedule 5-1, Schedule of
Zoning District Regulations.[1]
a.
Accessory structures which are not subject to general yard requirements
include:
2.
Bulkheads, piers and docks.
3.
Walls other than retaining walls, including decorative, screening,
and landscaping walls, less than four (4') feet high.
4.
Residential accessory lighting, conforming to performance standards
in subsections 22-7.22d, 12 and 13.
5.
Fountains, sculpture, and decorative ponds, less than four (4') feet
high.
b.
Location of Accessory Buildings.
1.
An accessory building attached to a principal building shall comply
in all respects with the zoning requirements for the principal building.
2.
Detached accessory buildings or structures shall not be located in
a front yard.
3.
Detached accessory buildings shall comply with Schedule 5-1, Zoning
District Regulations, except that storage sheds less than ten (10')
feet high with a floor area of less than 100 square feet may be located
not less than five (5') feet from any side rear lot line.
c.
No detached accessory building, in any residential zone, shall be
less than five (5') feet from a principal building.
d.
No accessory building or structure shall be constructed before the
principal building.
e.
Removal of the principal building requires that all existing accessory
buildings and structures are also removed. The administrative officer
can waive this requirement, if there are no current variances of accessory
buildings or structures and the new principal structure incorporates
remaining accessory building or structures into final calculations,
which shall not create new variances.
f.
Accessory buildings must be located on the same lot as the principal
use to which they are accessory.
g.
Residential accessory pools and any associated accessory building
shall not be located in any front yard nor between any principal dwelling
and a street and shall maintain a minimum setback to any property
line as follows:
1.
To the pool and any associated accessory building: ten (10') feet
in the R4, R5, R6, GB, NB and POB Zones and twenty-five (25') feet
in all other zones; or
2.
To aprons, decks, walks, fences, equipment and other accessory structures
associated with the pool, the same setback required for other accessory
structures by Schedule 5-1, Schedule of Zoning District Regulations;
or
h.
Limitation on Accessory Buildings.
1.
The aggregate ground floor area of all accessory buildings on a lot
may not exceed the following percentage of the aggregate building
area (or, for nonresidential uses, of the total of all principal buildings);
|
Zone
|
Percent
|
|---|---|
|
R1, R2, R3
|
30%
|
|
R4, R5, R6 and Residential Uses in POB, NB, and GB Zones
|
40%
|
|
POB, NB, GB
|
50%
|
2.
Any single accessory building with aggregate building area equal
to or greater than the following maximums must, not withstanding any
other provision of this chapter, conform to the minimum yard requirements
for principal buildings:
|
Zone
|
Maximum
|
|---|---|
|
R1, R2, R3
|
1400 s.f.
|
|
R4, R5, R6 and Residential Uses in POB, NB, and GB Zones
|
500 s.f.
|
|
POB, NB, GB
|
200 s.f.
|
3.
In the R1 and R2 Zones, the second floor of an accessory building
may not have usable floor area greater than 1/2 of the aggregate building
area. In all other zones, no usable floor area may exist above the
ground floor.
4.
Accessory buildings may not have cellars or basements.
5.
Accessory
buildings and structures shall conform to the height requirements
of Schedule 5-2.
i.
No accessory building shall be used for residential purposes by any
person or persons, including members of the family or the occupants
of the principal building or domestic servants or others employed
on the premises. No portion of any accessory building attached to
a principal building by a connecting link may be used as living space.
Any building element which connects portions of a building containing
principal and accessory uses will be considered a connecting link
which does not conform to the requirements of paragraph i,1. Exceptions
to the accessory building residential use limitations use are:
1.
Any building element which connects portions of a building containing
principal and accessory uses and has a minimum width of fifteen (15')
feet, length to width ratio greater than 4:1 (60 feet or less) height
to width ratio greater than 3:2 (22.5 feet or less) of conditioned
space will be considered part of the principal building.
2.
Existing detached accessory buildings may convert the floor space
above the garage parking area to a non-bedroom residential use for
the occupants of the principal building. This space may be heated
and air conditioned, minimum sanitary facilities and no cooking facilities.
Accessory units that are so converted are subject to random inspections
by the Borough in order to assure compliance with these regulations.
Commercial or significant traffic generating businesses are prohibited.
The terms "residential purposes" and "living space" used in
this subsection are to be broadly construed as including all normal
residential use, excluding only accessory uses such as storage, utilities,
mechanical equipment, parking, workshops, property maintenance activities,
garden support facilities, animal facilities, weather shelters, and
minimal sanitary facilities supporting outdoor activities.
j.
A roofed, open sided or unroofed porch, deck, patio or similar structure attached to, or within five (5') feet of the principal building shall conform to the yard requirements as established in subsection 22-7.7f, otherwise, it shall adhere to the yard requirements for an accessory structure.
k.
Maximum height of light fixtures accessory to single-family or two-family residential uses, shall not exceed nine (9') feet, in the R-1 and R-2 Zone Districts, nor six (6') feet in any other Zone District. Residential light fixtures shall conform to all standards established in this chapter including but not limited to, subsections 22-9.2 and 22-9.3.
[1]
Editor's Note: Schedule 5-1, referred to herein is included as an attachment to this chapter.
[1]
Editor's Note: Former Subsection 22-7.9, Kitchens - Number
Permitted, was repealed 12-13-2022 by Ord. No. 22-008D.
The provisions of this chapter shall not apply to customary
underground essential services as herein defined except that all facilities
such as pumping stations, repeater stations and electric substations,
which require a building above ground, or any other above ground appurtenance
of any type more than forty (40') feet high, shall require approval
as a conditional use subject to the provisions of this chapter.
Where two or more lots, created by the filing of a map pursuant
to the Map Filing Law prior to establishment of the Planning Board,
have any contiguous lines and are in single ownership and one or more
of the lots is nonconforming in any aspect, the lots involved shall
be considered to be an undivided parcel for the purposes of this chapter
and no portion of said parcel shall be conveyed or divided except
through the filing of an approved subdivision in accordance with the
provisions of this chapter.
[Ord. 11/15/01, § 2; Ord. No. 08-015D, § 1; Ord. No. 17-009D]
a.
No structure shall extend higher than the limit provided in each
zone for building height.
b.
No portion of any turret, spire, belfry or dome, or a cupola with a footprint greater than 15 square feet, or similar significant elements of any building, shall exceed the maximum height permitted by Schedule 5-2, determined by the major roof type of the building, except that with regard to a place of worship, maximum height of such elements shall be controlled by the conditional use requirements of subsection 22-6.3.[1]
[1]
Editor's Note: For height requirements in the zoning districts, see Schedule 5-2, Schedule of Maximum Permitted Building Height, included as an attachment to this chapter.
c.
The highest element of roof appurtenances usually carried above roof
level, including, but not limited to, cupolas with a maximum footprint
of 15 square feet, chimneys, ventilators, skylights, HVAC equipment,
roof hatches, stair towers and elevator towers, may extend to a height
not above the lesser of:
1.
Four (4') feet greater than the height of the portion of the roof
on which they are located, or
2.
Four (4') feet above the maximum height permitted by Schedule 5-2,
determined by the major roof type of the building, except:
(a)
The total footprint of all roof appurtenances may not, in aggregate,
exceed 10% of the total horizontal roof area.
(b)
Elements of insignificant cross-sectional area such as lightning
rods, weather vanes, insect and bird screens, and wire antennas, will
not be considered a roof appurtenance or an element of a roof appurtenance
if they do not extend more than three (3') feet above the roof or
above any permitted roof appurtenance.
(d)
A flagpole for a single-family residential dwelling shall not
exceed the following height requirements that shall be measured from
existing grade:
|
35 feet — Residential Zones R-3,
R-4, R-5 and R-6
|
|
40 feet — Residential Zones R-1
and R-2
|
Flagpoles shall be located not less than 1/2 the required
principal front or rear setback for the zone. Flagpoles must also
conform to the required principal side setback for the zone, in accordance
with Schedule 5-1 (Schedule of Zoning District Regulations). Waterfront
properties may request administrative approval for flag poles to be
closer to the waterfront, however, flag poles must maintain all side
setback requirements as outlined in Schedule 5-1.
Whenever a person acquires title to the land under water adjacent
to his property by virtue of a riparian grant from the State of New
Jersey, then the grant area shall automatically be zoned the same
as the upland property adjacent to the grant, provided, however, that
any part of this grant not filled, graded and stabilized pursuant
to a valid construction permit, shall not be applicable to meeting
the minimum lot area for the governing zone.
Solid wastes and recyclables from single- and two family homes,
if stored outdoors, shall be placed in metal or plastic receptacles
with tight fitting covers.
Such receptacles shall not be stored or placed within any front
yard area prior to the time at which materials are permitted to be
placed at the curb lines for collection. Such receptacles may be stored
in either rear or side yard areas, but if stored within a side yard
area, they shall be screened from view of adjoining properties and
street areas with planting or fencing.
[Ord. No. 16-007D § 8]
No residential or nonresidential use shall store materials of
any kind outdoors in any district except when properly contained and
secured in connection with the construction of a structure to be erected
on the premises unless specifically permitted elsewhere in this chapter.
a.
Except during garage, estate or auction sales conducted pursuant
to a permit issued by the Borough, no goods shall be displayed for
sale in any residential zone district.
b.
Business uses shall not permanently display goods for sale, including
motor vehicles, outdoors except where the goods displayed are the
merchandise of a business included within a structure located on the
site and the display is in accordance with a site plan approved by
the Municipal Agency.
c.
Temporary sales and outdoor display of goods may be permitted where
the goods displayed are the merchandise of a business included within
a structure located on the site. No business shall hold more than
five such sales per year nor shall any one sale exceed one week in
duration.
d.
Uses such as flea markets where two or more concessionaires, proprietors
or businesses display goods out of doors shall not be permitted in
any zoning district within the Borough except temporary sales operated
by non-profit or charitable groups may be permitted where the goods
displayed are on a site which is already developed as a principal
use of the non-profit group. No non-profit group shall hold more than
two such sales per year nor shall any one sale exceed four days in
duration.
e.
Goods for sale, displayed or stored outdoors, in accordance with
an approved site plan, shall not be located closer than twenty-five
(25') feet to any street right-of-way or fifteen (15') feet to any
side or rear line, except in conjunction with temporary sidewalk or
other types of outdoor sales.
f.
Temporary sales of Christmas trees may be permitted beginning the
day after Thanksgiving in November through the month of December in
business zones and on developed sites occupied by non-profit or charitable
groups. Such sales shall be in accordance with a permit issued by
the Zoning Officer. No permit shall be issued unless adequate off-street
stopping space or maneuvering space for vehicles of customers can
be provided and it can be demonstrated that the temporary use will
not interfere with other uses on the site. Each such use shall be
permitted to have one freestanding sign, no larger than 12 square
feet in area, no closer to any property line than ten (10') feet,
and not exceeding eight (8') feet in height. Such signs shall be temporary
and shall be removed from the property on which the sales are being
conducted no later than December 31.
a.
Within any residential district, no building with an existing nonconforming
home professional office or home occupation shall be constructed or
altered so as to be inharmonious to the residential character of adjacent
structures.
b.
The types of construction not considered to be residential in character
include, but are not limited to, store front type of construction,
garage doors (larger than needed for passenger vehicles or light commercial
vehicles), unfinished concrete blocks or cinder block wall surfaces,
metal panels, elimination of porches and wall surfaces without doors
and/or windows.
[Ord. 5/19/05, § 9; Ord. 5/4/06, § 1; Ord. No. 08-015D, § 1; Ord. No. 12-013D]
a.
Boats or parts, sections, pieces or appurtenances of boats shall
not be placed or stored on any lot situated in a residential zone,
except:
1.
Not more than one boat, not longer than twenty-six (26') feet, may
be placed or stored on any lot except not more than two boats, not
longer than twenty-six (26') feet, may be placed or stored on residential
lots of at least 25,000 square foot area, with direct access to navigable
water.
2.
No boat may be placed or stored in a front or a side yard area between
the principal structure and the property line unless such yard is
adjacent to a navigable waterway. Boats must be stored at least the
minimum distance from the property line required for accessory building
setback in the zone district, except boats stored adjacent to a navigable
waterway must be kept at least five (5') feet from the high water
line.
3.
Any boat placed or stored on a lot must be the property of the resident
owner or resident tenant of the lot.
4.
During the boating season (May 1 to November 1 of each year) small
boats under eighteen (18') feet in length such as rowboats, canoes,
kayaks, or dinghies, the propelling force of which is limited to oars,
sails or paddles (not motor driven) may be parked or stored in the
open upon any lot in a residential zone provided that they do not
exceed in number the number of persons who are members of the family
and who reside in the premises subject however to the above restrictions
as to the portions of the lot upon which boats may be parked or stored.
b.
Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in the POB, NB or GB zone districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses, in accordance with subsection 22-7.18a.
c.
Recreation vehicles or parts, sections, pieces or other appurtenances
of recreation vehicles shall not be parked overnight, stored or placed
on any lot in a residential zone district nor on any lot used for
residential purposes in a nonresidential zone district, except:
1.
One recreational vehicle may be parked or placed in a driveway or off-street parking area complying with subsection 22-7.26f for no more than seven nights in any consecutive 12 month period.
2.
One recreational vehicle may be parked overnight, stored or placed
for more than seven nights in any consecutive 12 month period only
as follows:
(a)
The recreational vehicle cannot be occupied overnight.
(b)
The recreational vehicle cannot have an overall length greater
than thirty (30') feet.
(c)
In the R1, R2 and R3 Zone Districts, only between a principal
building and the rear property line, no closer than ten (10') feet
to any property line.
(d)
In all other zone districts, outside of the required minimum
front yard and no closer than five (5') feet to any property line.
d.
Recreation vehicles or parts, sections, pieces or appurtenances or recreational vehicles may not be parked overnight, stored or placed on any lot in the POB, NB or GB zone districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses in accordance with subsection 22-7.18c.
e.
Storage units or mobile or temporary covered boxes used to house
items on a property.
1.
Units are to be placed in a driveway.
2.
Units shall be temporary in nature and not to be placed for a period
exceeding 90 days. The start date of the time period shall be the
date of delivery, as shown on the delivery ticket, and must be supplied
to the Borough Code Enforcement Officer upon request.
3.
Units shall not be allowed for more than 90 days in a 12-month timeframe.
4.
Units are not to exceed sixteen (16') feet in length.
5.
The maximum number of units allowed shall not exceed one unit at
any given time.
a.
No commercial motor vehicle having a rated maximum gross vehicle
weight (GVW) in excess of 8,000 pounds or having more than two axles,
shall be parked or stored overnight on any occupied property which
is primarily used for residential purposes or on any vacant property
in a residentially zoned area, except for vehicles engaged in construction,
parked or stored on an active construction site.
b.
Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 8,000 pounds
or less shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
No building, structure or use shall be permitted within areas
defined as wetlands or wetlands transition areas by the New Jersey
Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection
Act of 1987 except in accordance with a permit issued under the Act.
[Ord. 12/18/97, § II]
The regulations set forth in this section apply to the noncommercial radio and television antennas described herein. See subsection 22-7.34 for regulations applicable to other types of wireless telecommunications towers, antennas and transmission facilities.
a.
In residential zones, antenna structures as described in the three
following paragraphs shall be permitted as accessory structures to
a principal residential structure or permitted conditional use on
the same lot. No such antenna structures may serve more than one residential
lot unless the supporting structure conforms to the minimum regulations
on the lot on which it is located and no connecting cables cross property
other than that owned by the persons served by the antenna.
1.
Two conventional television and/or radio antenna structures attached
to a building provided that they do not exceed the height limitations
for the zone by more than five (5') feet. Antenna structures operated
by holders of a Federal Communications Commission Amateur Radio License
may exceed the height limitations for the zone by thirty (30') feet.
Such antennas which exceed fifteen (15') feet above the point of attachment
to the building shall be built to withstand winds of 80 miles per
hour.
2.
One freestanding, noncommercial, mast or pole type radio and/or television
antenna structure or one tower-type radio and/or television antenna
structure provided that they shall only be placed in the rear yard
area, shall be located no closer than fifteen (15') feet to any property
line, and may exceed the height limitations for the zone by not more
than five (5') feet. Antenna structures operated by holders of a Federal
Communications Commission Amateur Radio License may exceed the height
limitations for the zone by thirty (30') feet. Such structures over
twenty (20') feet in height shall be built to withstand winds of 80
miles per hour.
3.
One satellite dish antenna structure erected on a secure ground-mounted
foundation provided that it shall only be placed in the rear yard,
shall conform to the setbacks for a principal structure in the zone,
and shall not exceed sixteen (16') feet in height or twelve (12')
feet in diameter. Any wires or connecting cables shall be buried underground
unless the antenna is located immediately adjacent to and mounted
no more than seven (7') feet from the structure being served. Each
such structure shall be screened by fencing, other structures and/or
non-deciduous plantings of sufficient number and height to obstruct
any clear view of the antenna from any adjacent conforming residential
property, any residential zone, or any public street.
b.
In nonresidential zones, antenna structures as described in the three
following paragraphs shall be permitted as accessory structures to
a principal use, other than a residential use, on the same lot. No
such antenna structures may serve more than one lot unless the supporting
structure conforms to the minimum regulations on the lot on which
it is located and no connecting cables cross property other than that
owned by the persons served by the antenna.
1.
Conventional television and/or radio antenna structures attached
to each building provided that no antenna structure shall exceed the
height limitations for the zone by more than fifteen (15') feet. Such
structures which exceed fifteen (15') feet above the point of attachment
to the building shall be built to withstand winds of 80 miles per
hour.
2.
Freestanding, conventional, noncommercial radio and television antenna
structures provided that such antenna structures shall only be placed
in the rear yard, shall adhere to setback and yard requirements for
accessory structures in the particular zone but in no case shall be
closer than fifty (50') feet to any residential property line or zone
boundary or closer than fifteen (15') feet to any other property line
and shall not exceed the height limitations for the zone by more than
fifteen (15') feet. Such structures over twenty (20') feet in height
shall be built to withstand winds of 80 miles per hour.
3.
Satellite Dish Antennas. Such antenna structures shall be erected
on a secure ground-mounted foundation located in the rear yard or
may be mounted on a flat roof provided that it is no higher than fifteen
(15') feet above the roof line and is concealed from public view.
No antenna structure shall exceed twelve (12') feet in diameter. Ground-mounted
antenna structures shall conform to the setbacks for a principal structure
in the zone, shall not exceed sixteen (16') feet in height, and shall
in no case be located closer than fifty (50') feet to a residential
property line or zone boundary. Wires or connecting cable for ground-mounted
antenna shall be buried underground. Each ground-mounted antenna shall
be screened by fencing, other structures and/or non-deciduous plantings
of sufficient number and height to obstruct any clear view of the
structure from any adjacent conforming residential property, any residential
zone or any public street.
c.
If the application of this section (particularly subsections 22-7.21a, and 22-7.21b, 3) would impose unreasonable limitations on, or prevent, reception of satellite delivered signals by receive-only antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the antenna and related equipment, the provisions of this section (except those not permitting any antenna of any type - e.g., in a front yard) may be waived or modified by the Administrative Officer. The Administrative Officer, when considering a request to waive or modify the provisions of this section, shall consider an inability to receive 85% of the maximum number of satellite signals normally available in the area an unreasonable restriction and shall consider a requirement for screening costs which exceed the normal retail installed cost of the antenna and related equipment to be excessive.
[Ord. No. 08-015D, § 1]
a.
As a condition of approval and the continuance of any use, occupancy
of any structure, and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the Municipal Agency, or to
its designated representative, that the proposed use, structure, process,
or equipment will conform fully with all of the applicable performance
standards.
1.
As evidence of compliance, the Municipal Agency may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant.
2.
The Municipal Agency may require that specific types of equipment,
machinery, or devices be installed, or that specific operating procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation, shall determine that the use of
such specific types of machinery, equipment, devices, procedures or
methods are required in order to assure compliance with the applicable
performance standards.
3.
Permits and certificates required by other government agencies shall
be submitted to the Municipal Agency as proof of compliance with applicable
codes.
4.
If appropriate permits, tests and certifications are not or cannot
be provided by the applicant, then the Municipal Agency or Administrative
Officer (Zoning Officer) may require that instruments and/or other
devices, or professional reports or laboratory analysis be used to
determine compliance with the following performance standards for
an existing or proposed use and the cost thereof shall be borne by
the owner, applicant, or specific use in question.
5.
Conditional Permit. In the event a determination cannot be made at
the time of application that a proposed use, process or piece of equipment
will meet the standards established in this section, the Municipal
Agency may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation.
Within 30 days after a conditional permit is granted, a certificate
of occupancy shall be applied for and satisfactory evidence submitted
that all standards established by this section have been met.
b.
Applicability and Enforcement of Performance Standards.
1.
Applicability.
(a)
Prior to Construction and Operation. Any application for development
or building permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section, and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that said
use will be operated in accordance with the performance standards
set forth herein.
(b)
For Existing Structures. Any existing structure or use which
is after the effective date of this chapter, allowed to deteriorate
or is modified so as to reduce its compliance with these standards
will be deemed to be in noncompliance and to constitute a violation.
2.
Continued Compliance. Continued compliance with performance standards
is required and shall be enforced by the Construction Official or
Code Enforcement Officer.
3.
Termination of Violation. All violations shall be terminated within
30 days of notice or shall be deemed a separate violation for each
day following and subject to fines as set forth herein.
4.
Violation Inspection. Whenever, in the opinion of the Construction
Official or Code Enforcement Officer, there is a reasonable probability
that any use or occupancy violates the regulations of this Article,
they are hereby empowered to employ a qualified technician or technicians
to perform investigations, measurements and analyses to determine
whether or not the regulations of this section are being violated.
In the event that a violation is found to exist, the violator shall
be liable for the reasonable fees of the technicians employed to perform
such investigations, measurements, and analyses.
c.
Performance Standards Established.
1.
Noise.
(a)
The definitions contained in the Noise Control Regulations of
the New Jersey Department of Environmental Protection. (N.J.A.C. 7:29-1.1
et seq.) are hereby incorporated by reference without being set forth
in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any
application for development be approved which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located:
(1)
Continuous airborne sound which has a sound level in excess
of 50 dBA; or
(2)
Continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one or
more octave bands:
|
Octave Band
Center Frequency
(Hz)
|
Octave Band Sound
Pressure Level
(dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
or,
(3)
Impulsive sound in air which has an impulsive sound level in
excess of 80 decibels.
(4)
The provisions of this section shall not apply to:
(i)
Agriculture;
(ii)
Bells, chimes or carillons while being used in
conjunction with religious services (including electronic devices
that imitate such bells, chimes or carillons);
(iii)
Commercial motor vehicle operations;
(iv)
Emergency energy release devices (such as steam
release valve);
(v)
Emergency work to provide electricity, water, or
other public utilities when public health or safety are involved and
emergency electric generators;
(vi)
National Warning System (NAWAS) signals or devices
used to warn the community of attack or imminent public danger such
as flooding or explosion. These systems are controlled by the New
Jersey Department of Law and Public Safety;
(vii)
Noise of aircraft flight operations;
(viii)
Public celebrations that are government sponsored
or permitted;
(ix)
Public roadways;
(x)
Stationary emergency signaling devices;
(xi)
The unamplified human voice;
(xii)
Use of explosive devices - These are regulated
by the New Jersey Department of Labor and Industry under the 1960
Explosive Act (N.J.S.A. 21:1A-1-27).
2.
[1]Air Pollution. No substance shall be emitted into the atmosphere
in quantities which are injurious to human, plant or animal life or
to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented
and all the following provisions stated, whichever shall be more stringent,
shall be complied with.
3.
Smoke.
In any zone, no smoke, the shade or appearance of which is darker
than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the
open air from any incinerator or fuel burning equipment, provided,
however, that smoke emitted during the cleaning of a fire box or the
building of a new fire, the shade or appearance of which is no darker
than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 30 consecutive
minutes.
4.
Solid
Particles.
(b)
In any other zone, except industrial zones, the allowable discharge
shall be 75% of the allowable emission permitted by the New Jersey
Air Pollution Control Code.
(c)
In the industrial zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State Department of
Environmental Protection.
(f)
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
5.
Odors.
In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be detected without instruments. Any process,
which may involve the creation or emission of any odors, shall be
provided with a secondary safeguard system, so that control will be
maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds
for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted
October, 1968, by the Manufacturing Chemists Association, Inc., Washington,
D.C., shall be used as a guide in determining quantities of offensive
odors.
6.
Liquid
Waste. No liquid waste shall be discharged into any water course,
storm drain or sewage collection and disposal system, nor into any
ground sump, any well or percolation area, except in accordance with
plans approved by the Municipal Engineer, and where required by the
New Jersey Department of Environmental Protection.
7.
Solid
Waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the municipality assumes the
responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk,
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other municipal codes and ordinances.
8.
Radiation.
All use of materials, equipment or facilities, which are or may be
sources of radiation, shall comply with all controls, standards and
requirements of the United States Atomic Energy Act of 1965, as amended
and any codes, rules or regulations promulgated under such Act, as
well as the N.J. Radiation Protection Law, N.J.S.A. 26.2D et seq.,
as amended, whichever is more stringent.
9.
Fire
and Explosion Hazards. All activities shall be carried on only in
buildings classified as fireproof by the Building Code of the municipality,
and as determined by the Fire Department. The operation shall be conducted
in such a manner and with such precautions against fire and explosion
hazards as to produce no explosion hazard as determined by the New
Jersey Inspection Bureau of Fire Prevention to a use on an adjacent
property and must conform to the rules and regulations of the most
recent adopted edition of the Fire Prevention Code of the National
Board of Fire Underwriters and the Fire Department.
10.
Vibration.
There shall be no vibration which shall be discernible to the human
sense of feeling beyond the boundaries of the lot on which the source
is located. At no point on or beyond the boundary of any lot shall
the maximum ground transmitted steady state or impact vibration caused
by any use or activity (except those not directly under the control
of the property user) exceed a particle velocity of 0.10 inches per
second for impact vibrations. Particle velocity is to be determined
by the formula 6.28F, where F is the frequency of the vibration in
cycles per second and A is the maximum single amplitude displacement
of the vibration in inches. For the purpose of measuring vibrations,
a three component measuring system shall be used. For the purpose
of this chapter, steady state vibrations are vibrations which are
continuous, or vibrations in discrete impulses more frequent than
100 per minute. Discrete impulses which do not exceed 100 per minute
shall be considered impact vibrations.
11.
Electromagnetic
Interference. There shall be no electromagnetic interference that:
12.
Heat.
Every use and activity shall be so operated that it does not raise
the ambient temperature more than two degrees (2°C) Celsius at
or beyond the boundary of any lot line.
13.
Fire
Resistant Construction. All new construction and additions shall be
fire resistant construction in accordance with the requirements of
the State Uniform Construction Code.
14.
Glare.
There shall be no direct or sky-reflected glare exceeding one and
one-half (1-1/2') foot candles measured at the boundaries of the lot
on which the source is located. This regulation shall not apply to
lights which are used solely for the illumination of entrances or
exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of one-tenth (0.1') foot candle in residential districts.
15.
Lighting
and Illumination. Artificial lighting or illumination provided on
any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed five-tenths (0.5') foot candles beyond any property
line.
(b)
Spotlights or other types of artificial lighting, that provides
a concentrated beam of light, shall be so directed that the beam of
light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
[Ord. 10/19/00, § 1]
It is the intent of this section to assure that the public health,
safety, and welfare is not impaired by the neglected maintenance of
the buildings and property. It is further intended to assure that
site improvements required by a Municipal Agency are properly maintained
and operable. It shall be the Code Enforcement Officer's responsibility
to enforce this section where property conditions pose a hazard to
the public or where a property owner fails to maintain a required
site improvement.
It shall be the responsibility of every property owner, tenant,
developer and applicant to maintain in a safe and orderly condition,
all buildings and land in the municipality which they own, use, occupy
or have maintenance responsibility for in accordance with the following
regulations.
a.
Maintenance of all land uses within the municipality shall include,
but is not limited to, the following:
1.
Potholes and other pavement failures within paved parking areas shall
be repaired on a regular basis, but in no event shall potholes or
pavement failures be left unrepaired for a period in excess of 30
days. If such potholes or pavement failures are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials.
All users of shopping carts or similar items shall provide for the
regular pickup of such shopping carts or similar items from parking
areas and other portions of the site at least once every hour during
their business hours. All shopping carts or similar items shall either
be stored indoors or in a location adjacent to the building specifically
set aside for such storage during nonbusiness hours.
6.
All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this section, they shall be replaced only). All
lawn or other non-paved areas shall be kept trimmed and free from
weeds and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
9.
Appropriate areas shall be provided for the storage of recyclable
materials. These areas shall be expanded or modified as necessary
to meet the requirements of any change in occupancy. Such areas shall
be within the structure or in side or rear yards and shall be properly
screened. Provisions shall be made to store paper, cardboard and similar
items out of the weather. Such areas shall be maintained in a clean,
orderly and neat condition.
10.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which development (site plan or subdivision) approval
is granted subsequent to the adoption of this chapter or for which
site plan or subdivision approval was previously granted under regulations
heretofore in effect, shall be required to maintain all structures
and improvements shown on the approved site plan or subdivision plan
in a safe and orderly condition. In addition to the maintenance responsibilities
specified above, additional maintenance responsibilities shall include,
but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse
shall only be stored outdoors in such areas. Refuse containers located
elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or
applicant to maintain property in accordance with the provisions of
this section shall in violation of this chapter be subject to the
penalties prescribed in this chapter.
[Ord. 7/11/91, § 12; Ord. No. 08-015D, § 1; Ord. No. 09-007D, § 1; Ord. No. 10-001D, § 1; Ord. No. 12-0130; Ord.
No. 14-011D § 5; 12-15-2020 by Ord. No. 20-008D]
All signs shall conform to the provisions of this section and
to the applicable requirements of the New Jersey Uniform Construction
Code.
a.
General Objectives.
1.
To protect the public health, safety and welfare by restricting signs
which impair the public's ability to receive information, violate
privacy, or which increase the probability of accidents by distracting
attention or obstructing vision.
2.
To encourage signs which promote a desirable visual environment through
creative yet orderly design arrangements.
3.
To encourage signs which aid orientation, identify activities, describe
local history and character or serve other education purposes.
4.
To encourage the replacement of nonconforming signs by conforming
signs through the strict enforcement of the procedures and requirements
of this section.
b.
Application Procedures. Application for development permit:
1.
Application shall be made to the Administrative Officer (Zoning Officer)
for the issuance of a development permit by any person wishing to
erect, alter, modify, or expand any sign, except "Exempt Signs."
2.
If the Administrative Officer (Zoning Officer) determines that a
sign requires the issuance of a development permit, is not part of
an application for site plan, subdivision, conditional use, or variance
approval, is permitted as an accessory structure within the zone and
meets the applicable sign schedule requirements, the officer shall
issue a development permit. The applicant may then apply for a sign
construction permit and any other permits that may be required.
3.
If the Administrative Officer (Zoning Officer) determines that the
proposed sign is part of subdivision, site plan, or conditional use
application or that it does not comply with applicable regulations,
sign schedule requirements or other sign regulations, the officer
shall instruct the applicant that Planning Board or Zoning Board of
Adjustment approval of an application for development is required
and the officer shall further advise the applicant which Board has
jurisdiction in accordance with the following schedule:
|
Sign Type
|
Board Jurisdiction
|
|---|---|
|
Signs indicated on plats which are part of a development application
before the Planning Board
|
Planning Board
|
|
Signs indicated on plats which are part of a development application
before the Zoning Board of Adjustment
|
Zoning Board of Adjustment
|
|
Signs not permitted
|
Zoning Board of Adjustment
|
c.
General Standards. The following general standards shall apply to
all signs:
1.
Prohibited Signs. All signs not specifically permitted are prohibited.
2.
Signs to Relate to Use of Property. All signs, unless specifically
stated otherwise in this section, shall relate to the use or occupancy
of the property upon which the sign is located.
3.
Modification of Graphic Content. The graphic content of a sign may
be modified without obtaining a development permit, provided that
the proposed graphic content complies with all applicable provisions
of this section, except that any condition of approval contained in
a resolution of either the Planning Board or Zoning Board of Adjustment,
which specifies graphic content of the sign, shall require that a
new or amended approval be issued by said Board prior to graphic content
modification.
4.
Illumination.
(a)
Unless specifically stated otherwise in a Resolution of Approval
or in this section, all regulated signs may only be illuminated in
accordance with the performance standards found in this section, exempt
signs shall not be illuminated.
(b)
An illuminated sign located on a lot adjacent to or across the
street from any residential district and visible from such residential
district shall not be illuminated between the hours of 11:00 p.m.
and 6:00 a.m.
(c)
No sign shall contain blinking, flashing, flickering, tracer
or sequential lighting and shall remain stationary and constant in
intensity and color at all times.
(d)
All wiring for permanent illuminated signs shall be installed
and maintained so that it is not within public view. The running of
wiring or conduit along the exterior wall of a building to access
a sign is specifically prohibited except that the Construction Official
may permit exterior conduit if in the judgment of the official there
is no practical way to run the conduit so that it is not within public
view.
(e)
No sign shall have exposed neon tubes or bare bulbs.
5.
Obstruction of Access Ways. No sign or sign structure shall obstruct
a fire escape, door, window, or other required access way. No sign
shall be attached to a standpipe or fire escape, except those signs
required by the Municipal Authority.
6.
Obstruction of Glass Surface. No sign shall project over, occupy
or obstruct any glass surface required for light or ventilation by
any applicable law, ordinance or regulation.
7.
Traffic Safety. The Administrative Officer and/or the Municipal Agency
may seek and rely upon the opinion of the Chief of Police with regard
to interpretation/enforcement of this section.
(a)
No sign shall be maintained at any location where by reason
of its position, size, shape, content or color, it may obstruct, impair,
obscure, interfere with the view of, or be confused with, any traffic
control sign, signal or device, or where it may interfere with, mislead
or confuse traffic.
(b)
No sign which uses the words "Stop," "Look," "Caution," "Danger,"
or any similar wording, which may confuse or mislead the public, shall
be permitted.
8.
Signs in Rights-of-Way. No sign or any part of a sign, except publicly
owned or authorized signs, shall be placed in or extend into or over
any public right-of-way.
9.
Sign Permanency. All signs shall be securely affixed in a permanent
manner to either the ground or building, unless specifically stated
otherwise in this section.
10.
Signs Affixed to Certain Structures. No sign shall be affixed to
any roof, tree, fence, utility pole, or other similar structure nor
placed upon motor vehicles which are continually or repeatedly parked
in a conspicuous location to serve as a sign, however, nothing is
intended to prohibit the placement of signs not exceeding three (3')
feet in any dimension, directing traffic or identifying various parking
locations within a lot on light poles and utility poles erected therein.
Signs painted on pavement surfaces shall be restricted to traffic
control markings only.
11.
Advertising Flags, Banners, Pinwheels. No advertising flags, banners,
pinwheels, portable signs, or similar advertising devices shall be
permitted.
12.
Animated or Moving Signs. No animated or moving signs shall be permitted,
except for the required movement of time and temperature displays.
13.
Painted Signs. No sign may be painted directly on the surface of
any building, wall, fence or similar structure.
14.
Sparkling and Glittering Signs. No sign may utilize reflection enhanced
or fluorescent colors or contain any material which sparkles, reflects
or glitters, however, nothing herein is intended to prohibit the use
of reflective paint on signs directing traffic or identifying various
locations within a property.
15.
Sign Measurement.
(a)
Area to be Included. Unless it is part of the message or sign
face, the supporting structure or bracing of a sign shall be omitted
in measuring the area of the sign except if such structure or bracing
has a total horizontal projected width more than 20% of the sign width
or twelve (12") inches. Where a sign has two sign faces back-to-back
and parallel to each other, the area of only one face shall be included
in determining the area of the sign.
(b)
Area of Signs with Backing. The area of all signs with backing
shall be measured by computing the area of the sign backing.
(c)
Area of Signs without Backing. The area of all signs without
backing shall be measured by computing the area of the smallest geometric
figure which can encompass all words, letters, figures, emblems and
other elements of the sign message with a clearance of at least four
(4") inches from any such element.
(d)
Height of Signs. Sign height shall be measured between average
grade and the highest point of the highest element of the sign.
16.
Multiple Sign Faces. No sign may contain more than one sign face,
except that two sign faces back-to-back and parallel to each other
(no angle between sign faces) (commonly known as a double faced sign)
shall be permitted. No double faced sign shall be greater than eighteen
(18") inches in thickness as measured between sign faces.
17.
Graphic Content Coverage. The maximum coverage of any sign face by
graphic contents shall not exceed 60%.
d.
Permitted Signs.
1.
Exempt Signs. The following signs shall be exempt from the requirement
of obtaining a development permit:
(a)
Governmental signs; erected or authorized by a governmental
unit, including privately owned and erected signs required by any
law or regulation.
(b)
Nameplate signs; provided that such signs are limited to no
more than one wall or ground sign per occupancy; are no more than
75 square inches in area; are non-illuminated, or externally illuminated;
and, if a ground sign are no more than three (3') feet in height.
(c)
Warning signs; provided that such signs are limited to no more
than two wall or ground signs per occupancy; are no more than three
square feet in area each; are non-illuminated; and if a ground sign
are no higher than three (3') feet in height.
(d)
Construction signs related to nonresidential construction in
nonresidential zones; provided that such signs are limited to no more
than one wall or ground sign per parcel; and no more than 32 square
feet in area; are nonilluminated; and are maintained for no more than
14 days following the conclusion of the construction in question.
No construction sign shall be permitted in any residential zone.
(e)
Temporary glass surface signs; provided the area of glass surface
signs displayed does not exceed either 25% of the area of the glass
surface in which they are shown nor 5% of the aggregate area of all
glass surfaces in the building facade.
(f)
Public events signs; provided that there are no more than three
placed in any business at any given time and they are non-illuminated,
and are maintained for a period of no longer than 30 days before the
applicable event nor more than three days after such event.
(g)
Real estate signs; provided that such signs are limited to no
more than one wall or ground sign per property; are not more than
six square feet in area per residential lot; are no higher than six
(6') feet if a ground sign, and shall not be illuminated. Use of the
word "sold" or any other notation to indicate that the real estate
is no longer on the market is specifically prohibited.
(h)
Real estate open house sign; provided that such signs are limited to not more than one open house sign shall be placed at the corner of the closest intersection; are limited to six square feet in area; and shall be located within the right-of-way and outside of any sight-triangle (clear sight area) as determined by Exhibits 9-9A and 9-9B. The use of any balloons or streamers is specifically prohibited. (Exhibits 9-9A and 9-9B may be found at the end of subsection 22-9.3)
(i)
On-site informational signs; provided that each sign is limited
to a wall, window or ground sign of not more than two square feet
in area and not more than seven (7') feet in height above grade. The
sign may include a business name or logo but shall not include any
advertising message. In locations where more than one business share
a common vehicular access, signs marking entrances and exits shall
contain only the name of the shopping or business center. Multiple
signs identifying each tenant or use are specifically prohibited.
(j)
Flags and emblems of a government or of a political, civic,
philanthropic, educational or religious organization occupying the
premises.
(k)
Commercial sale and/or event signs; provided that such signs
are no more than six square feet in area; are located entirely on
the premises where such sale or event is to be conducted or on other
private property pursuant to the owner's consent; are clearly marked
with the name, address and telephone number of the person responsible
for the removal of such sign; are erected not more than 36 hours in
advance of such sale or 45 days in advance of such event; and are
removed on the day following the conclusion of such sale or event.
No more than one sign may be placed on any business property nor more
than one on any residential property.
"For Sale" signs on vehicles, boats, trailers or other items
in any zone are specifically prohibited. "For Sale" signs shall be
allowed on boats and boat trailers on marina property.
(l)
Portable signs shall be permitted in all GB Zones and shall
be limited to one per business.
(1)
The sign shall have a maximum width of thirty (30") inches,
maximum height of forty-two (42") inches and maximum depth of twenty
(20") inches;
(2)
Sign must be placed directly in front of the business;
(3)
Sign must not block the sidewalk or access to the building;
(4)
May only be displayed when open for business;
(5)
The sign shall be constructed of weather resistant materials
(no paper, fiberboard, foamcore board, corrugated paper or unfinished
wood materials shall be permitted), and shall be constructed and/or
weighted so as to be impervious to the effects of strong winds. The
sign shall be maintained at all times in good repair and shall not
be permitted to weather, fade, peel, crack or otherwise deteriorate;
(6)
Notwithstanding anything contained in this ordinance to the
contrary, the Fire Marshal, Chief of Police and/or Code Enforcement
Officer shall have the right to prohibit or further restrict the location
of any sidewalk sign which, in their sole discretion, they deem by
virtue of the sign's construction or location, to constitute a safety
hazard to the public.
(m)
Traffic Signs and Signals. Temporary or permanent traffic signs
and signals installed or authorized by the Borough, County, or State
for the purpose of directing and regulating the flow of traffic.
(n)
Public Transportation Signs. Signs indicating public transportation
stops when installed or authorized by the Borough or a Public Transportation
Authority or agency.
(o)
Vacated Property Signs. Provided that only one such sign shall
be provided either affixed to a building wall or located within a
window; not exceeding six square feet in area; nor displayed for longer
than 60 days following vacating the property.
(p)
Signs on Machines. Signs which are an integral part of vending
machines, including gasoline pumps, milk and ice machines, provided
that they do not collectively exceed three square feet in area per
machine.
(q)
Interior Signs. Signs which are located within buildings and
not within thirty-six (36") inches of a window visible from a public
street or public parking facility.
(r)
Political Signs. It is recommended that such signs are not more
than 12 square feet in area if located in a nonresidential district
or more than six square feet in area if located in a residential district;
are limited to not more than one per lot; are located entirely on
private property pursuant to the owner's consent; are clearly marked
with the name, address, and telephone number of the person responsible
for the removal of such sign; are erected not more than 45 days prior
to such election; and are removed within 14 days following such election.
(s)
Historical or architectural designation signs; provided that
such signs are limited to no more than one wall or ground sign per
occupancy; are no more than six square feet in area; are not illuminated
and contain no commercial advertising.
(t)
Home occupation signs; provided that such signs are limited
to no more than one wall sign per occupancy; are no more than one
square foot in area; and are non-illuminated.
(u)
Blackboard Signs. One such sign may be affixed to a building
wall or located within a window; it may not exceed 10 square feet
in area and may only be used to display information concerning goods
or services available on the premises.
(v)
Emergency contact contractor site identification signs for new
construction shall be a maximum of six square feet and shall include
only the name, telephone number and e-mail address (if applicable)
of the contractor, and the address or location and block and lot numbers
of the property. Signs are to be located twenty-five (25') feet off
the roadway or 50% of the distance between the roadway and the front
of the structure, whichever is the lesser. Signs are to be placed
parallel to the roadway and in the front yard only, unless approved
by the Code Enforcement Officer. All signs are to be no more than
thirty-six (36'') inches off the ground to the highest point, including
the posts.
(w)
Awning signs containing the name of the business, logo, and
street number, restricted to drop-leaf (fringe) of the awning and
occupying an area no greater than 40% of the total drop-leaf area.
The drop-leaf of any awning used as an awning sign shall not exceed
ten (10") inches in height. No portion of an awning, other than the
drop-leaf (fringe) may be used as a sign.
(x)
Digital message display signs (LED) at public educational institutions.
2.
Exempt Sign(s) Limitations.
(a)
Signs permitted by subsection 22-7.24, paragraphs d, 1(e), (f) and (k) may be displayed 30 days before and three days after the sale, event or activity.
(b)
Signs permitted by subsections 22-7.24, paragraphs d, 1(e), (f) and (k) may be displayed no more than three times during any calendar year.
(c)
Unless approved by the Municipal Agency, no building may display a total of more than 12 signs and no individual occupancy a total of more than six signs permitted by subsection 22-7.24, paragraphs d, 1(e), (f), (i), (k), (l), (o), (t) and (u).
(d)
Signs permitted by subsection 22-7.24, paragraph d,1(h), Real Estate open house sign, may only be displayed on Sundays between 11:00 a.m. and 5:00 p.m. during 2010. Open house signs shall be removed immediately upon the end of the event or at 5:00 p.m. whichever is earlier. Open house signs shall not be permitted after January 1, 2011.
(e)
Digital message display signs or marquee signs at public educational
institutions shall adhere to the following limitations:
(1)
The minimum pitch (LED resolution) shall be an 8mm or better regardless
of viewing distance.
(2)
The LED display shall be encased in an enclosure architecturally
congruent with the principal structure.
(3)
The use of the colors green or red, of any shade, cannot exceed 50%
of a display's capacity, during the duration of any individual slide,
due to conflicts with vehicular traffic.
(4)
The minimum rate of slide changes shall not be less than seven seconds
per slide.
(5)
The sign shall not adversely impact sight distances from public or
private streets, driveways, or parking lots.
(6)
The sign shall be installed outside of the municipal right-of-way.
(7)
Each entity shall be permitted one digital message display per property.
(8)
Digital message display signs are otherwise prohibited in all zones.
3.
Regulated Signs. Permitted signs which are not exempt are regulated
signs. They shall meet the requirements of this section, the Schedule
of Sign Regulations and the zone district regulations.
[Ord. 2/28/91; Ord. 5/19/05, § 10; Ord. No. 08-015D, § 1; Ord. No. 09-014D, § 2; Ord. No. 12-013D; Ord. No. 15-007D § 2]
a.
Fences and walls hereafter erected, replaced, or substantially reconstructed
and hedgerows in any zone district shall be regulated as follows:
1.
Fences, hedgerows and walls shall adhere to the height standards
found in Schedule 7.2 entitled, "Height Restrictions; Hedgerows, Fences
and Walls."[1]
[1]
Editor's Note: Schedule 7-2, referred to herein is included as an attachment to this chapter.
2.
Height of fences shall be measured from the ground at the fence line
to the highest element of the fence excluding any decorative post
cap. Except in minimum clear sight areas, decorative post caps may
exceed the permitted height of the highest element of the fence by
one-sixth (1/6th) of the permitted height.
3.
Height of walls shall be measured to the top of the wall from the
ground elevation at the face of the wall, except if the face of the
wall is within two (2') feet of a property line, the height shall
be measured from the lower of the ground elevation at the face of
the wall or the ground elevation on the adjoining property. Except
in clear sight areas, measurements for walls shall exclude decorative
wall elements similar to post caps on fences, which may exceed the
permitted height of the highest element of the wall by up to one-sixth
(1/6th) the permitted height.
4.
In any business zone, open wire fences not exceeding eight (8') feet
in height may be erected in the rear or side yard areas and behind
the building setback line in accordance with a site plan approved
by the Municipal Agency.
5.
On park, recreation or school properties, open wire fences not exceeding
eight (8') feet in height may be erected in the rear or side yard
areas and behind the building setback line.
6.
Fences or walls exceeding the maximum height allowed are permitted
if they are specifically required or approved by the Municipal Agency
or required by another provision of this chapter or other municipal
and State regulations.
b.
All fences, walls and hedgerows must be erected or installed within
the property lines, and no fences, walls and hedgerows shall be erected
so as to encroach upon a public right-of-way. The face of retaining
walls shall be located in compliance with the accessory structure
setback requirements found in Schedule 5-1, except: when approved
by the Municipal Agency, or within buffers, around refuse areas or
when used for dog runs, garden enclosures or similar normal residential
accessory uses. Back-to-back fences are permitted at the property
line. Hedgerows shall be located so that foliage, at full maturity,
shall not extend into the public right-of-way.
c.
Barbed wire, razor wire, canvas or cloth fence and fencing construction
are prohibited in all zones. Metal fences greater than four (4') feet
in height shall have a flat top; use of pointed posts or pickets is
prohibited.
d.
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.
e.
The width of supporting members, columns or pillars for an open fence
cannot exceed either two (2') feet or 1/10 of the length of open fencing
between support members, whichever is less.
f.
Entrances to Private Driveways.
1.
Remotely controlled security gates are allowed on private drives
and driveways, but such gates shall not impede fire or emergency access.
Security gate systems shall be set back to provide a queuing area
of at least thirty (30') feet clear of the curbline or sidewalk. Security
gates systems must be "power loss fail-safe." In the event of power
loss, the gate must open or be easily opened manually. In the event
that the Borough adopts by ordinance a standard for remote operation
of security gates by public safety personnel, all security gate systems
must be brought into compliance with such standard within one year
of adoption and thereafter maintained and operated only in compliance
with such standard.
2.
Height of decorative driveway entrance structures may exceed the
maximum permitted fence height by one-sixth (1/6th) of the permitted
height. Columns or pillars as a component of any ornamental entrance
structure may have a width and depth up to of thirty-six (36") inches.
Non-open fence and walls may be utilized as an element of a decorative
driveway entrance structure for a maximum on each side of the driveway
equal to the permitted maximum fence height. No decorative driveway
entrance shall impede fire or emergency access.
g.
Tennis 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.
h.
Fences which are painted shall be painted in only one color, harmonious
with the surrounding area. Multicolored fences are prohibited.
i.
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
j.
No hedges or screen plantings over three (3') feet in height shall be permitted in the water setback in an area equal to 50% of the building setback to the bulkhead or high-water line, or fifty (50') feet, whichever is the lesser distance. This section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings. The height of fences within the required river setback shall be in accordance with subsection 22-7.25, Schedule 7-2.[2]
[2]
Editor's Note: Schedule 7-2, referred to herein is included as an attachment to this chapter.
[Ord. 5/13/93 § 3; Ord. 10/16/97 § XIII; Ord. 5/19/05 § 11; Ord. No. 13-003D § 2; Ord. No. 16-007D § 9; Ord. No. 17-009D; amended 9-10-2024 by Ord. No. 24-009D]
a.
A private garage accessory to a principal building is permitted in
any zone district.
b.
In the R-1 and R-2 Zone Districts, garage doors shall be oriented
so as not to be visible from a street frontage, river frontage, or
public right-of-way. Generally, garages must face a side line or rear
line except where permanently screened by portions of the principal
structure.
c.
Within a residential zone district, an entry driveway or a walkway
may cross any yard area except that within the R-1, R-2, and R-3 Zone
Districts, no driveway shall be within five (5') feet of a side yard
line or within fifteen (15') feet of a rear yard line. Within a nonresidential
zone district, entry driveways and walkways may cross any yard area;
however, other than crossing yards, driveways shall adhere to the
yard requirements for accessory structures. Walkways in a nonresidential
zone may be located in a yard area but they shall not encroach into
any required buffer.
d.
Two driveways with curb cuts are permitted per lot in the R-1, R-2,
and R-3 Zone Districts. One driveway is permitted per lot in the R-4,
R-5 and R-6 Zone Districts and for residential uses in the GB, NB
and POB Zone Districts.
e.
In the R-4, R-5 and R-6 Zone Districts, and for residential uses
in the GB, NB and POB Zone Districts, the minimum size of a one car
attached or detached garage shall be 260 square feet. That portion
of the floor area of detached garages, equal to the lesser of 50%
of the garage floor area or 130 square feet, shall not be considered
in determining floor area, building and lot coverage.
The unfinished portion of single-family dwellings located within areas of special flood hazard that are: 1) located below the base flood elevation as set forth in Subsection 17-2.2, Establishment of Flood Hazard Area; and 2) used for parking or storage only, shall not be considered in determining floor area.
f.
Parking shall comply with those standards set forth in subsection 22-9.2b, Off-Street Parking. Overnight parking shall be permitted only in garages or in driveways. No overnight parking may take place on lawn areas or other portions of a lot not intended for parking. All areas properly used for parking are included in lot coverage.
g.
A one (1') foot setback for driveways from adjacent property lines
is required in the R-4, R-5 and R-6 Zone Districts and for residential
uses in the GB, NB and POB Zone Districts, unless adjacent property
owners enter into an agreement to maintain a joint driveway.
h.
Driveways and curb openings shall comport with the following schedule:
|
Zone District
| ||
|---|---|---|
|
R-1, R-2, R-3
|
R-4, R-5, and R-6 and for single-family uses in the POB, GB
and NB
| |
|
Maximum number of driveways per lot
|
2
|
1
|
|
Maximum driveway width within the front yard setback:
| ||
|
Not serving a garage
|
15'
|
12'
|
|
Serving an attached garage
|
15'
|
Greater of width of garage door + 2' or 17'
|
|
Serving a detached garage
|
15'
|
12'
|
|
Joint driveway (extended across side lot line)
|
17'
|
17'
|
|
Maximum depressed curb opening
|
Driveway width + 6'
|
Driveway width + 2'
|
i.
Except as provided by subsection 22-7.19, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone, provided however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.
j.
All garages, detached or attached, shall be arranged to provide adequate
access and maneuvering room. In general, at least twenty-five (25')
feet of unobstructed driveway should be provided aligned with the
center line of a garage before a vehicle is required to make any significant
turns. The Borough Engineer's opinion may be sought regarding the
adequacy of garage access.
For residential properties that front on a Monmouth County Route
with a single driveway, a k-turn space is permitted in the front yard
constructed of a material to match the driveway. The k-turn space
shall be located entirely on the subject property and comply with
side setbacks as defined herein. The maximum size of the k-turn space
shall not exceed nine (9') feet wide by eighteen (18') feet long.
The k-turn space shall be included in lot coverage. The k-turn space
shall not be used for parking and shall not satisfy off-street parking
requirements.
k.
A stable is permitted and a horse may be kept only in R-1 and R-2
Zone Districts on lots with area of one and one-half (1.5) acres or
more. One additional horse may be kept for each full one acre increment
of lot area in excess of one and one-half (1.5) acres.
l.
For the purposes of this chapter, a stable for horses shall be deemed
to be equivalent to a garage, and one horse shall be deemed to be
equivalent to one motor vehicle.
[Ord. 7/11/96, § 1; Ord. 5/19/05, § 12; Ord. No. 08-015D, § 1; Ord. No. 12-013D; Ord. No. 14-011D § 6; Ord. No. 15-007D § 4; Ord. No. 16-007D § 10; amended 9-10-2024 by Ord. No. 24-009D]
a.
Borough approval shall be required for any grading or regrading of
a property in accordance with the following schedule:
|
Criteria to Require Borough Approval
| ||
|---|---|---|
|
R1 and R2 Zone Districts
|
All Other Zone Districts
| |
|
Removing soil from a property
|
Any removal
|
Any removal
|
|
Fill with soil from outside a property
|
50 cubic yards or more
|
25 cubic yards or more
|
|
Soil disturbance
|
5,000 square feet or more
|
2,000 square feet or more
|
|
Height (maximum change in elevation, including retaining walls)
|
2' or more
|
1' or more
|
b.
Approval of a site plan or subdivision by the Municipal Agency which
shows soil removal, importation or grading or approval of a grading
plan by the Construction Official, who may seek the advice of the
Borough Engineer, shall constitute Borough approval. Borough approval
is for the purpose of minimizing impacts not anticipated by this chapter
to adjacent property or Borough infrastructure. It is not for the
purpose of confirming that the proposed grading is appropriate for
meeting the property owner's objectives.
c.
Unless otherwise permitted by the Municipal Agency, the Construction
Official or his designee, a grading plan and/or accompanying information
must conform to the following minimum standards:
1.
Existing and proposed grading information for the entire site, not
just the limits of disturbance, must be shown.
2.
Show grading information on adjacent lots which clearly identifies
drainage patterns. A minimum of fifty (50') feet on adjacent lots
is required for properties located in the R-1, R-2, and R-3 Zones.
A minimum of twenty (20') feet is required in all other zones. If
the property is flat or if the drainage patterns are poorly defined,
additional information may be required.
3.
Provide gutter and center line elevations on all abutting roads at
fifty (50') foot intervals. If the lot frontage is one hundred (100')
feet or less, a minimum of three elevations must be provided along
the frontage; one at each property line and one in the center.
4.
Existing grading information must be taken from field surveys or
identifiable aerial mapping of appropriate resolution (0.5 feet; 6
inches). Existing grading information taken from Borough or County
aerials is not acceptable.
5.
The source of the existing grading information must be identified.
6.
Show the location of all streams, bodies of water, regulated wetlands,
or similar environmental features.
7.
The grading plan must show the locations of all existing trees and street trees referred to in subsection 16-1.4a, of the Tree Protection Ordinance. If street trees are not present, the plan shall reflect locations of proposed street trees at a fifty (50') foot interval to be located within ten (10') feet of the road edge and not between the curb and sidewalk, or in a location approved by the Tree Conservation Officer or the Rumson Shade Tree Commission.
8.
Show the locations of all existing and proposed principal and accessory
structures.
9.
Show all existing and proposed subsurface drainage related elements,
including, but not limited to, pipes, inlets, blind drains, wet wells,
sump pump discharges, down spout/leader drains, dry well, etc.
10.
Show all existing and proposed improvements (principal and accessory)
and grading changes with sufficient horizontal and vertical information
to identify the limits of grading.
11.
Show all proposed soil erosion and sediment control measures, as
well as a proposed sequence of construction.
12.
Include the name and address of the property owner, and, if known,
provide the name and address of the contractor, the name and address
of the person responsible for the site grading, and a 24 hour emergency
contact telephone number.
13.
Include the name and the qualifications of the person preparing the
plan. The plan shall be prepared by a Professional Engineer, Land
Surveyor, Landscape Architect or Architect licensed in the State of
New Jersey.
14.
Soil boring logs or soil pit profiles showing the seasonal high water
table based on mottling data must be provided for any application
involving the construction of a new home, construction of a substantial
addition [resulting in a 25% or greater increase in floor area] and/or
the construction of a stormwater management facility or recharge system.
A minimum of one soil boring log or soil pit profile shall be provided
within the building footprint. A minimum of one soil boring log or
soil pit profile shall also be provided at the location of all proposed
infiltration or recharge systems located greater than 50 feet from
the building footprint.
15.
The grading plan, along with necessary supporting documentation,
shall demonstrate compliance with the Borough's Stormwater Management
and Control Ordinance where applicable.
d.
Wherever grading is to occur, necessary soil erosion prevention and
protection measures in accordance with the Standards for Soil Erosion
and Sediment Control in New Jersey and consistent with industry best
practices should be implemented to ensure work is undertaken with
minimum impacts to the existing infrastructure and surrounding properties.
As a minimum, a silt fence or barrier of equivalent or better protection
must be installed around the limit of disturbance whenever there is
a potential to impact an adjacent property or public infrastructure.
The property owner or their agent is responsible for the periodic
removal of accumulated soils and debris from the adjacent street(s)
by sweeping or other means of removal at the direction of the Borough.
e.
Grading or other disturbance of property shall be accomplished in
accord with approved plans, good industry practice and in a manner
to avoid damage to any property including public infrastructure and
to protect the health and safety of the public. The applicant shall
be responsible for addressing negative impacts to neighboring properties
as related to grading or other property disturbance to the satisfaction
of the Construction Official.
f.
The Construction Official may seek advice from other Borough Officials
to determine how best to address an erosion problem.
g.
Inspections by Borough Engineer: periodic inspections by the Borough
Engineer or Borough Representative shall be required during construction
at the following project milestones:
Prior to lot clearing (or tree removal) to ensure adequate tree protection measures in accordance with Subsection 16-1.9.
After initial lot clearing and/or installation of soil erosion
and sediment control measures.
Installation of all drainage infrastructure (excluding roof
leaders within building envelope) prior to backfill of trench.
Completion of final site grading prior to installation of vegetative
measures.
Final Engineering Site Inspection for recommendation of issuance
of Certificate of Occupancy
The property owner or owner's representative shall contact the
Building Department to schedule the required inspections a minimum
of 48 hours prior to the start of work. The Borough Engineer shall
issue a written inspection report approving or identifying corrective
actions required prior to approving the work completed to date. The
report will be issued to the property owner or owner's representative
and kept on file with the Borough.
h.
At the completion of all construction activity when a grading plan
was required or when requested by the Construction Official and prior
to the issuance of a Certificate of Occupancy, an as-built grading
plan shall be submitted for review by the Construction Official or
other Borough Officials as necessary. The as-built grading plan shall
include, but not be limited to show the full extent of the subject
improvements, building corners elevations, finished floor elevations,
garage floor elevations, ground spot elements, one (1') foot interval
contours, curbs, sidewalks, patios, decks, driveways, and any other
relevant information.
i.
Any property that is elevated above existing grades shall not impede
the free flow of stormwater runoff from adjacent properties.
[Ord. 10/16/97, § XI; Ord. 11/15/01, § 3]
a.
No illumination is permitted. No use of a residential recreation
facility is permitted from sunset to sunrise.
b.
The entire residential recreation facility area, including all appurtenances
shall be included in lot coverage. If the area occupied by the residential
recreation facility is not well defined, the Zoning Officer, or his
designee, may determine a reasonable area using the smallest geometric
figure which completely encloses the facility and all appurtenances.
c.
No residential recreation facility may be in a required front yard or between a principal detached single-family dwelling and the street but may be located in a designated rear yard line pursuant to subsection 22-7.7b.
d.
The minimum setback of a residential recreation facility from any
side or rear property line is illustrated in Schedule 7-1 and shall
be:
1.
The same as required by Schedule 5-1 for accessory structures or
buildings for any residential recreation facility which occupies an
area of 250 square feet or less and has no element exceeding a height
of twelve (12') feet, or
2.
The same as required by Schedule 5-1 for principal structures or
buildings, for any residential recreation facility which occupies
an area greater than 250 square feet but not exceeding 3,000 square
feet or has any element exceeding a height of twelve (12') feet, or
3.
The greater of fifty (50') feet or the setback required by Schedule
5-1, Note (7), for principal structures or buildings, for any residential
recreation facility which occupies an area greater than 3,000 square
feet.
g.
Any residential recreation facility with an area greater than 3,000 square feet shall be screened from adjacent side or rear property lines unless the setback of the facility exceeds one hundred (100') feet; in which case screening is not required. When screening is required, a landscaped buffer strip shall be provided within the required setback and planted in accordance with subsection 22-8.4e, Buffering and Screening. A plan for the proposed buffer strip shall be submitted with the application for the facility and no development permit for the facility shall be issued until the Zoning Officer or his designee has reviewed and approved the screening plan.
h.
No residential recreation facility, with an area greater than 3,000 square feet, nor any facility which requires grading approval pursuant to subsection 22-7.27 shall be permitted without prior approval of a grading plan by the appropriate Municipal Agency, or by either the Construction Official, Zoning Officer, Borough Engineer or their designees.
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
Prior to the moving and relocation of any building from the
existing foundation to a site within the Borough of Rumson, the foundation
at the proposed site shall have been completed. Work to secure the
relocated building on the new foundation shall be pursued immediately
and the building shall not be placed in any temporary location except
during the 24 hour period when the work of moving is done.
No business, office or commercial activity which invites or
permits customer or public uses, visitation or occupancy shall operate
between the hours of 11:00 p.m. and 6:00 a.m. except: (1) Those businesses
(such as establishments licensed to serve alcoholic beverages) which
have their hours regulated by government law, regulation or ordinance;
or (2) in accordance with specific site plan approval by the Municipal
Agency.
Outdoor repair activities involving boats, vehicles, trailers and other mechanical equipment may not be undertaken on any property in the POB, NB or GB Zone Districts used only for residential purposes or on any property in a residential zone, except under the following restrictions: observance of the restrictions of subsection 22-5.3b, 18; no more than one item may be under repair at any time and repairs may not be performed on an aggregate total of more than 30 days in any year. Such outdoor repair activities may not be undertaken on any property in the POB, NB or GB Zone Districts not used only for residential purposes except in accordance with specific site plan approval by the Municipal Agency.
[Ord. 5/13/93, § 4; Ord. 5/19/05, § 13; Ord. No. 09-014D, § 3; Ord. No. 12-013D]
These provisions apply to lots abutting a river or other navigable
waterway.
a.
The yard bordering on a river or other navigable waterway may be
designated as a front yard if the water frontage conforms to the minimum
lot frontage of the zone district. If the front yard is so designated,
then:
1.
The minimum required lot frontage shall be 50% of the required lot
frontage of the zone district. In any subdivision, the road frontage
reduction permitted by this provision may only be applied to one lot.
2.
Yard restrictions shall be as set forth in subsections 22-7.4 and 22-7.7d (for lots which have intersecting water frontage and street frontage and are treated as corner lots) or in subsection 22-7.7b (for lots with nonintersecting water frontage and street frontage, not treated as corner lots). References in these subsections to multiple frontages on streets also apply to multiple frontages on a street and a river or other navigable waterway. The required river setback described in subsection 22-7.32b shall apply.
3.
Accessory buildings and structures shall conform to subsection 22-7.8 and other applicable provisions in Section 22-7 and, where not in conflict with specific provisions of Section 22-7, with the general zoning provisions in Schedule 5-1, except a private, in-ground, residential accessory swimming pool (and appurtenant buildings and structures) or a boathouse may be located in a front yard bordering a river or other navigable waterway subject to subsection 22-7.32b.
b.
The minimum setback from a river or navigable waterway for:
1.
A boathouse or a private, in-ground swimming pool (and related accessory
structures, including aprons, decks, walks, patios, fences, etc.)
shall be ten (10') feet in the R4, R5, R6, GB, NP and POB Zone Districts
and twenty-five (25') feet in all other Zone Districts.
2.
Any principal or accessory building, except a boathouse but including
any building associated with a swimming pool (cabanas, filter buildings,
storage buildings, etc.) shall be the greater of:
c.
Recreational vehicles, when permitted by subsections 22-7.18c,1 and 2, may be parked or stored overnight only at a location which complies with subsection 22-7.32b,2 and is at least ten (10') feet from any other property line, complies with subsection 22-7.6f and is totally screened from any street, river or navigable waterway.
d.
No hedges or screen plantings over three (3') feet in height shall be permitted in the water setback in an area equal to 50% of the building setback to the bulkhead or high-water line, or fifty (50') feet, whichever is the lesser distance. This section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings. The height of fences within the required river setback shall be in accordance with subsection 22-7.25, Schedule 7-2.
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[Ord. 11/15/01, § 5; Ord. No. 12-013D; 12-13-2022 by Ord. No. 22-008D]
a.
No illumination is permitted. No use of a residential sports facility
is permitted from sunset to sunrise.
b.
The entire residential sports facility area, including all appurtenances,
shall be included in lot coverage. If the area occupied by the residential
sports facility is not well defined, the Zoning Officer, or his designee,
may determine a reasonable area using the smallest geometric figure
which completely encloses the facility and all appurtenances.
c.
No residential sports facility may be in a required front yard or between a principal detached single-family dwelling and the street but may be located in a designated rear yard pursuant to subsection 22-7.7b.
d.
The setback of a residential sports facility from any side or rear
property line shall be 50 feet.
e.
Fencing associated with a residential sports facility must conform with the provisions of subsection 22-7.25 except setback must conform with paragraph d above, except in the case of tennis or platform tennis, which cannot exceed twelve (12') feet in height.
f.
Any residential sports facility shall be screened from adjacent side or rear property lines unless the setback or the facility exceeds one hundred (100') feet; in which case screening is not required. When screening is required, a landscaped buffer strip shall be provided within the required setback and planted in accordance with subsection 22-8.4, Buffering and Screening. A plan for the proposed buffer strip shall be submitted with the application for the facility and no development permit for the facility shall be issued until the Zoning Officer or his designee has reviewed and approved the screening plan.
g.
No residential sports facility shall be permitted without prior approval
of a grading plan by the appropriate Municipal Agency or by either
the Construction Official, Zoning Officer, Borough Engineer or their
designees.
Editor's Note: The schedules referred to herein are included as attachments to this chapter
[Ord. 12/18/97, § III; Ord. 2/17/00, § I]
a.
Purpose. The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to:
1.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
2.
Encourage the location of towers in appropriate locations;
3.
Minimize the total number of towers throughout the community;
4.
Strongly encourage the joint use of tower sites as a primary option
rather than construction of additional single-use towers;
5.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
6.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
7.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
8.
Consider the public health and safety of communication towers; and
9.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
In furtherance of these goals, the Borough of Rumson shall give
due consideration to the Borough master plan, zoning map, existing
land uses, and environmentally sensitive areas in approving sites
for the location of towers and antennas.
b.
Nonapplicability to Amateur Radio Stations and to Receive-Only Antennas. The provisions of this section shall not govern any antenna that is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively as a receive-only antenna and which is regulated by subsection 22-7.21, Noncommercial Radio and Television Antennas.
c.
Antennas and Towers Permitted on Borough Property. Wireless telecommunications
towers and antennas and their related support structures and buildings,
which are approved by the Borough Council and located on property
owned, leased, or otherwise controlled by the Borough of Rumson, shall
be deemed a municipal facility and shall be a permitted use in the
POS Public Facilities and Open Space Zone District. Such wireless
telecommunications towers shall be subject to the following height
and setback standards and requirements:
1.
Maximum Tower Height — One hundred fifty (150') feet.
2.
Permitted Projections — The following features may project
above the maximum permitted height of the tower:
4.
Co-location Requirement — The tower and related facilities
shall be designed to accommodate at least three wireless communications
providers.
d.
Antennas and Towers which are not Municipal Facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not owned, leased, or otherwise controlled by the Borough of Rumson, in accordance with the standards, regulations, and requirements set forth in subsection 22-6.11, Wireless Telecommunications Towers, Antennas, and Transmission Facilities on Non-Municipal Property, in those zones where public utilities are permitted as a principal use or as a conditional use.
[Ord. No. 08-011D, § 1]
a.
General.
1.
Outdoor cafes shall be located on the subject property and shall
not be located within any right-of-way, easement, sidewalk, driveway
and/or parking area. Outdoor cafes shall be located on an improved
surface and shall not be located on any lawn area or within any improved
parking area.
2.
Legally existing restaurants shall
be permitted to add an outdoor cafe with administrative approval from
the Zoning Officer, subject to the following:
(1)
Adding the outdoor cafe shall not result in any changes to the
approved site plan or existing site improvements;
(2)
The proposed outdoor cafe shall be located between the restaurant
use and the front property/street line on an existing improved surface;
(3)
The outdoor cafe shall not result in the creation of any additional
seating or increase in the approved number of seats; (i.e. interior
seating shall be reduced to provide no net increase.)
(4)
The outdoor cafe shall not require any additional building and/or
lot coverage; or
(5)
The outdoor cafe shall not require the addition of any site
lighting.
b.
Location. An outdoor cafe may be located in the front yard, side yard or rear yard of a restaurant, provided that the outdoor cafe shall be setback at least 50% of the minimum required front, side and/or rear yard setback as prescribed by subsections 22-6.10c, except an outdoor cafe adjacent to a residential zone or use shall conform to subsection 22-6.10h. Outdoor cafes shall not be located within any required buffer area.
c.
General Standards. The following general standards shall apply to
all outdoor cafes:
1.
Outdoor cafes shall be permitted to operate from May 1 to September
30 in any calendar year. No outdoor cafe shall be open for business
prior to 11:00 a.m. nor shall remain open for business after 10:00
p.m.
2.
The perimeter of an outdoor cafe, adjacent to a pedestrian way, shall
be defined by the setting of a portable-type enclosure that may include
potted plants. The enclosure shall define the area to be used as an
outdoor cafe and shall separated from the pedestrian traveled way.
The enclosure shall not contain doors or windows nor air conditioning
or heating equipment and shall be open at all times to the air. The
height of the enclosure shall not exceed three (3') feet.
3.
Outdoor cafes not permitted pursuant to subsection 22-7.37a,2, shall require site plan approval and shall conform to the Design Guidelines and Standards and Improvement Standards as outlined in Sections 22-8 and 22-9, including, but not limited to, landscaping, buffering, screening, lighting, and accessibility.
4.
Outdoor umbrellas shall be permitted to extend over the enclosure,
provided the lowest part of the umbrella is not less than seven (7')
feet above the sidewalk and does not extend more than one (1') foot
beyond the enclosure.
5.
All food or drink served at an outdoor cafe shall be prepared or
stored in or vended from the interior of the restaurant. Each restaurant
owner or tenant shall be responsible for keeping the area of the outdoor
cafe and the adjacent walks and streets free and clear of any debris
or litter as a result of the outdoor cafe. All paper products and
condiments shall remain inside the restaurant when the outdoor cafe
is closed. Trash cans shall be kept inside the restaurant at all times
or within an approved trash enclosure.
6.
No signs shall be permitted in the area of the outdoor cafe, except as set forth in subsection 22-7.24 of this chapter. No "logos" or advertising shall be permitted upon any umbrellas without prior site plan approval.
7.
No tables, chairs or other equipment shall be attached, chained or
in any manner affixed to any tree, post sign, curb, sidewalk or other
property of the Borough of Rumson. No equipment, umbrellas or any
other material of any kind other than tables and chairs shall be permitted
to remain outdoors when the outdoor cafe is not open to the public.
Any chairs and/or tables remaining outdoors when the outdoor cafe
is not open to the public shall be stacked and/or stored as close
to the structure as practicable.
8.
No outdoor bell, chime, siren, whistle, music, loudspeaker, public
address system, radio, sound amplifier or similar device shall be
permitted in the outdoor cafe.
9.
All tables and chairs shall be constructed of material of sufficient
weight or otherwise fastened and secured so as not to be effected
by high winds.
10.
Outdoor cafes shall be used for food and beverage table service only.
Outdoor waiting areas shall not be permitted.
[Ord. No. 12-013D]
a.
110% PRODUCTION
GROUND MOUNTED SOLAR ARRAY
ROOFTOP SOLAR ARRAY
SMALL SOLAR ENERGY SYSTEM
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY SYSTEM
SOLAR PANELS
WIND ENERGY SYSTEM
WIND TURBINE
Definitions and Word Usage.
Shall mean that an energy system produces up to 110% of the
energy that the principal use consumes on average in a year.
Shall mean a solar energy system, as defined herein that
is mounted on armatures anchored to the ground with ground cover beneath.
Shall mean a solar energy system, as defined herein that
is mounted to roof of a building or structure.
Shall mean a solar energy system, as defined herein that
is used to generate electricity; and has a nameplate capacity of 100
kilowatts or less.
Shall mean a wind energy system, as defined herein that is
used to generate electricity; and has a nameplate capacity of 100
kilowatts or less.
Shall mean a solar energy system and all associated equipment
which converts solar energy into a usable electrical energy, heats
water or produces hot air or other similar function through the use
of solar panels.
Shall mean a structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system.
Shall mean a wind turbine and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Shall mean equipment that converts energy from the wind into
electricity. This term includes the rotor, blades and associated mechanical
and electrical conversion components necessary to generate, store
and/or transfer energy.
b.
General applicable standards for small wind energy systems and small
solar energy systems (110% production) shall be created and shall
state the following:
1.
The primary purpose of a small wind or small solar energy system
will be to provide power for the principal use of the property whereon
said system is to be located and shall not be for the generation of
power for commercial purposes, although this provision shall not be
interpreted to prohibit the sale of excess power generated from a
small wind or small solar energy system to a supplier/provider. For
the purposes of this subsection, the generation of power shall be
limited to 110% of the average annual energy consumed for the principal
use of the subject property.
2.
Small wind energy systems are permitted as a conditional use on the
same lot as the principal use. Small solar energy systems are permitted
as an accessory use on the same lot as the principal use. All small
wind or small solar energy systems require approval from the Zoning
Officer prior to installation. Applications for an energy system shall
include information demonstrating compliance with the provisions of
this subsection. In the event that the Zoning Officer does not believe
the provisions of this subsection will be satisfied an applicant may
request a variance.
3.
All applications for small wind or small solar energy systems are
to be submitted for site plan and or variance/waiver review to the
Planning Board or the Zoning Board, as necessary, when a variance/waiver
is requested.
c.
Small wind energy systems (110% production) shall be created and
shall state the following:
1.
Small wind energy systems are permitted as a conditional use in all
zones subject to the following requirements:
(b)
Maximum Height: System height shall not exceed seventy-five
(75') feet, measured from the grade plane to the height of the blades
at its highest point.
(c)
Minimum Setbacks: All wind energy systems shall be set back
from all property lines a distance equal to 100% of the system height
including the blades of the turbine at their highest point.
(d)
Wind energy systems shall not be permitted in any front yard.
(e)
No more than one wind energy system shall be permitted per property.
(f)
Wind energy systems shall not be permitted as a rooftop installation.
(g)
All moving parts of the wind energy systems shall be a minimum
of thirty (30') feet above ground level.
(h)
Any tower shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight (8') feet above the ground.
(i)
All guy wires or any part of the wind energy system shall be
located on the same lot as the wind energy system.
2.
Noise. All wind energy systems shall comply with the following requirements:
(a)
Between a residential use or zone sound levels of the wind energy
system shall not exceed 55 dBA at a common property line or 50 dBA
to the closest occupied structure.
(b)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 65 dBA.
(c)
Property owner must submit a certification that the wind energy
system complies with the noise requirements outlined in paragraphs
(a) and (b) above.
d.
Small solar energy systems (110% production) shall be created and
shall state the following:
1.
Rooftop solar arrays for small solar energy systems are permitted
as an accessory use in all zones subject to the following requirements:
(a)
Rooftop solar arrays shall not exceed a height of twelve (12")
inches from the existing roof surface of a peaked roof and not exceed
a height of four (4') feet from the existing roof surface of a flat
roof.
(b)
In no event shall the placement of the solar energy system result
in a total height building plus panels and mounting equipment than
what is permitted in the zoning district which the subject energy
system is located.
2.
Ground mounted solar arrays for small solar energy systems are permitted
as an accessory use in all zones subject to the following requirements:
(a)
Maximum Size: No more than 10% of a lot may be devoted to a
ground mounted solar energy system, however, in no case shall a ground
mounted solar energy system exceed 2,500 square feet.
(b)
Ground mounted solar energy systems shall not exceed a height
of ten (10') feet as measured from the grade plane to the highest
point of the mounting equipment and/or panel(s), whichever is higher.
(c)
Minimum Setback: All ground mounted solar energy systems shall
have a distance of twenty (20') feet from all property lines in residential
zoning districts or fifty (50') feet from any property line in commercial
zoning districts.
(d)
Ground mounted solar energy systems shall not be permitted in
any front yard.
(e)
Ground mounted solar energy systems are permitted in the rear
yard.
(f)
Ground mounted solar energy systems are permitted in side yards,
if screened from the street and adjacent properties by evergreen landscaping
to create a continuous buffer.
(g)
Ground arrays shall not contribute to impervious surface calculations,
unless installed above an impervious surface.
e.
Additional requirements shall be created and shall state the following:
1.
All small wind energy systems and small solar energy systems shall
comply with the following:
(a)
Small wind and small solar energy systems shall not be used
for displaying any advertising except for reasonable identification
of the manufacture or operator of the system. In no case shall any
identification be visible from a property line.
(b)
Small wind and small solar energy systems shall not significantly
impair a scenic vista or scenic corridor as identified in the Borough's
master plan or other published source.
(c)
The natural grade of the lot shall not be changed to increase
the elevation of any wind turbine or solar array.
(d)
Wires, cables and transmission lines running between the device
and any other structure shall be installed underground.
(e)
All ground mounted electrical and control equipment shall be
secured to prevent unauthorized access.
(f)
The design of small wind and small solar energy systems shall,
to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing environment.
(g)
The installation of a small wind and small solar energy systems
shall conform to the National Electric Code as adopted by the NJ Department
of Community Affairs.
(h)
The installation of a small wind and small solar energy systems
is subject to all local electric company requirements for interconnection.
(i)
The following requirements are applicable to small wind energy
systems:
(1)
Wind energy systems shall not be artificially lit, except to
the extent required by the FAA or other applicable authority.
(2)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
(3)
The blades on the wind energy system shall be constructed of
a corrosive resistant material.
f.
Abandonment shall be created and shall state the following:
1.
Abandonment.
(a)
In the case that any small wind or small solar energy system
as defined herein is out of service for a continuous twelve - (12)
month period will be deemed to have been abandoned.
(b)
The Zoning Officer may issue a "Notice of Abandonment" to the
owner. The notice shall be sent via regular and certified mail return
receipt requested to the owner of record.
(c)
Any abandoned small wind or small energy system as defined herein
shall be removed at the owner's sole expense within six months after
the owner receives the "Notice of Abandonment" from the municipality.
If the system is not removed within six months of receipt of notice
from the Borough notifying the owner of such abandonment, the Borough
may remove the system as set forth below.
(d)
When an owner of a small energy system as defined herein has
been notified to remove same and has not done so six months after
receiving said notice, then the Borough may remove such system and
place a lien upon the property for the cost of the removal. If removed
by the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned and restored
and the vegetation be replaced to blend with the existing surrounding
vegetation at the time of abandonment.
[Ord. No. 12-013D; Ord. No. 15-007D § 6]
The bottom of the floor slab of a basement or cellar shall be
a minimum of two (2') feet above the seasonal high water table based
on mottling data prior to the construction of a new basement and/or
cellar. The bottom of any proposed sump pit shall also be located
a minimum of two (2') feet above the seasonal high water table. Soil
boring logs and/or soil pit profiles shall be provided to document
the seasonal high water elevation to the satisfaction of the Zoning
Officer, Construction Official and/or Borough Engineer. The soil borings
and/or soil pits shall be located within the footprint of the principal
structure.
[Added 9-10-2024 by Ord. No. 24-009D]
a.
The applicant must supply the Borough with copies of all approved
environmental permitting necessary to construct the project including
but not limited to Army Corp of Engineers and New Jersey Department
of Environmental Protection. The applicant may supply the Borough
with Letters of No Interest from the regulatory agency or signed and
sealed reports prepared by an environmental permitting consultant
or professional engineer identifying the project is not subject to
environmental permitting in part or in whole.
b.
The applicant's plan submittal to the Borough must be of sufficient detail to demonstrate compliance with applicable Ordinance requirements including but not limited to Chapter 8 Building and Housing, Section 16-2 Stormwater Management and Control, Chapter 17 Floodplain Management Regulations, and Chapter 22, Development Regulations. Penetrations through a bulkhead shall accommodate provisions to prevent tidal inundation either by physical grade or mechanical components to a minimum elevation equal to the base flood elevation as set forth in Subsection 17-2.2, Establishment of Flood Hazard Areas, unless a waiver is obtained from the Borough Engineer or Floodplain Manager.
c.
The design of bulkheads, docks and piers shall be completed in accordance
applicable industry standards using environmentally suitable and long
lasting materials.
d.
When the proposed work consists of substantial reconstruction or replacement in part or in whole of an existing bulkhead or construction of a new bulkhead, the top of bulkhead elevation at a minimum shall equal the base flood elevation as set forth in Subsection 17-2.2 Establishment of Flood Hazard Areas, unless a waiver is obtained from the Borough Engineer or Floodplain Manager. Special considerations to the issuance of a waiver shall be given in regard to surrounding grade, connection to adjoining structures, and impact to surrounding properties and Borough right-of-way.
e.
Prior to the issuance of a certificate of occupancy, certificate
of compliance or the close-out of any construction permits, the applicant
shall provide the Borough with an as-built survey prepared by a New
Jersey licensed professional surveyor showing the finished improvements.
The applicant shall also submit a report signed and sealed by a New
Jersey licensed professional engineer that the construction of the
improvements substantially conform to the approved plans. Any field
deviations shall be noted either on the as-built survey or within
the engineer's report.
The purpose of good subdivision and site design is to create
a functional and attractive development, to minimize adverse impacts,
and to ensure that a project will be an asset to a community.
This section presents design guidelines and standards which are differentiated as follows: Design guidelines (subsection 22-8.2) provide a framework for sound planning; design standards (subsections 22-8.3 through 22-8.5) set forth specific improvement requirements.
The developer shall only be permitted to build the maximum density,
intensity of development, and floor area ratio permitted by the zone
district requirements schedule where it is demonstrated that the development
adheres to all applicable ordinances, including the design standards
and guidelines set forth herein and creates no exceptional adverse
impacts. Deviations from the standards and guidelines of this section
will only be permitted when authorized by the Municipal Agency through
the issuance of a design waiver.
The purpose of the guidelines and standards is to ensure that
the design of new development gives appropriate consideration to the
scale and character of the existing neighborhood in which a development
is to be located.
[Ord. 12/15/05, § 4]
In project design and in reviewing project applications, the
following principles of subdivision and site design shall apply:
a.
Data Gathering and Site Analysis.
1.
Assess site characteristics, such as general site context and surrounding
land uses; geology and soil; topography; climate; ecology; existing
vegetation, structures, and road networks; visual features; and past
and present use of the site.
b.
Subdivision and Site Design.
1.
Base the design of the development on the site analysis. Locate development
to the maximum extent practical to preserve the natural features of
the site, to preserve areas of environmental sensitivity, and to minimize
negative impacts and alteration of natural features and to create
an appropriate design relationship to surrounding uses.
2.
Design and arrange streets, lots, parking areas, buildings, and units
to reduce unnecessary impervious cover, and to mitigate adverse effects
of shadow, noise, odor, traffic, transportation, drainage, and utilities
on neighboring properties.
3.
Consider all existing local and regional plans for the surrounding
community.
4.
Design storm drainage facilities as an integral part of the development,
and arrange the design to use as much of the natural drainage as possible.
5.
Design lots and sites to reduce cut and fill, and to avoid flooding
and adversely affecting ground water and aquifer recharge; and provide
for sewage disposal and adequate access.
c.
Residential Development Design.
1.
Residential developments may be arranged as permitted by the Zone
District Regulations. Consider topography, privacy, building heights,
orientation, drainage, and aesthetics in placement of units. Provide
units with private outdoor space where appropriate and practical.
2.
Space buildings so that adequate privacy is provided for units.
d.
Nonresidential Development Design.
1.
Design nonresidential and industrial developments according to the
same principles governing design of residential developments; locate
buildings based on topography; avoid to the maximum extent practical
environmentally sensitive areas; consider factors such as drainage,
noise, odor and surrounding land uses in citing buildings; buffer
where adverse impacts exist.
e.
Circulation System Design.
1.
Design the street system to permit the safe, efficient, and orderly
movement of traffic.
2.
In addition, design the street system to meet the following objectives:
to meet but not exceed the needs of the present and future population
served; to have a simple and logical pattern; to respect natural features
and topography; and to present an attractive streetscape.
4.
Locate pedestrian walkways parallel to the street, but permit exceptions
to preserve topographical or natural features, or to provide visual
interest or for ease of circulation.
5.
Where separate bicycle paths are required by the master plan, design
those for commuters so that they are reasonably direct. Design recreational
paths to follow scenic routes, with points of interest highlighted.
6.
Within commercial areas cross connections and cross easements among
properties should be provided to allow for ease of vehicular and pedestrian
access.
f.
Landscape Design.
1.
Provide landscaping in public areas, on recreation sites, and adjacent
to buildings to screen parking areas, mitigate adverse impacts, and
provide windbreaks for winter winds and summer cooling for buildings,
streets, and parking.
2.
Select the plant or other landscaping material that will best serve
the intended function, and use landscaping materials appropriate for
local soil conditions, water availability, and environment.
3.
Vary the type and amount of landscaping with type of development,
and accent site entrance with special landscaping treatment.
4.
Consider massing trees at critical points rather than in a straight
line at predetermined intervals along streets.
5.
Consider the impact of any proposed landscaping plan at various time
intervals. Shrubs may grow and eventually block sight distances. Foundation
plants may block out building windows.
g.
Building Design.
1.
Building design should enhance the visual pattern of the surrounding
community by promoting visual harmony and utilizing transitions between
new and older buildings.
2.
New buildings should strengthen particular design features of the
area by, for example, framing views, enclosing open space, or continuing
particular design features or statements.
3.
The height and bulk of new buildings should be compatible with the
planned scale of surrounding development.
[Ord. 10/16/97, § XIV; Ord. No. 08-015D, § 1]
a.
In subdivision and site design, the following areas shall be preserved
as undeveloped open space or, in the use of historic structures, maintained
within the development:
1.
Wetlands (as defined in Sec. 404, Federal Water Pollution Control
Act Amendments of 1972 and 1987 and delineated on wetlands maps prepared
by the U.S. Fish and Wildlife Service and/or N.J.A.C. 7:7A, the New
Jersey Freshwater Protection Act Rules, field verified by an on-site
inspection);
2.
Significant specimen trees, (refer to definition in Chapter 16-1.3);
3.
Lands in the flood plain (as defined by NJDEP in its Stream Encroachment
Manual) or identified as "A" or "V" Zones on the current Borough Flood
Insurance Rate Map;
4.
Steep slopes (in excess of 15% as measured over a ten (10') foot
interval unless appropriate engineering measures concerning slope
stability, erosion, and resident safety are taken);
5.
Habitats of endangered wildlife (as identified on Federal or State
lists); and
6.
Historically significant structures and sites (as listed on the Federal
or New Jersey list of historic places or the Rumson Master Plan).
b.
Residential lots shall front on local streets.
c.
Every lot shall have access to it that is sufficient to afford a
reasonable means of ingress and egress for emergency vehicles as well
as for all those likely to need or desire access to the property in
its intended use.
d.
The road system for residential subdivisions shall be designed to
serve the needs of the neighborhood and to discourage use by through
traffic.
e.
To the extent consistent with the reasonable utilization of land,
site design shall promote the conservation of energy through the use
of planning practices designed to reduce energy consumption and to
provide for maximum utilization of renewable energy sources.
f.
Every proposed lot shall be suitable for its intended use. Every
lot created hereafter shall provide sufficient developable area within
the building envelope as delineated by the required setbacks for the
placement of the principal building(s), parking, loading, circulation,
usable open space, and other improvements. The developable area within
the building envelope shall be reasonably free of and unconstrained
by wetlands, steep slopes with a gradient of 15% or greater, and easements
or other limiting features. An applicant may be required to submit
alternative designs to ensure that lot is suitable to the intended
use and the Municipal Agency may withhold approval of any lot which
is determined to be unsuitable.
[Ord. 5/19/05 § 14; Ord. No. 08-015D § 1; Ord. No. 13-012D § 3; 12-13-2022 by Ord. No.
22-008D]
a.
Purpose.
1.
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
2.
Landscaping may include plant materials such as trees, shrubs, ground
cover, perennial, and annuals and other materials such as rocks, water,
sculpture, art, walls, fences, and building and paving materials.
b.
Landscape Plan. A landscape plan prepared by a certified landscape architect shall be submitted with each subdivision or site plan application, unless an exception is granted pursuant to Section 22-3, of this chapter. The plan shall identify existing wooded areas and existing trees designated for protection in Chapter 16, Environmental Protection, Section 16-1, Tree Protection, of the Borough Code and specifically identified in subsection 16-1.4b,1 and 2 and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
c.
Site Protection and General Planting Requirements.
1.
Topsoil Preservation. Topsoil moved during the course of construction
shall be redistributed on all regraded surfaces. At least four (4")
inches of even cover shall be provided to all disturbed areas of the
development and shall be stabilized by seeding or planting. If excess
topsoil remains, the thickness shall be increased. If additional is
required, the developer shall provide it. Removal of excess topsoil
shall only be permitted in accordance with a plan approved by the
Municipal Agency.
2.
Removal of Debris. All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Municipal Engineer, be used as
mulch in landscaped areas. A developer shall be exempt from these
provisions, however, and shall be permitted to dispose of site-generated
new construction wastes on site as long as the conditions set forth
in N.J.A.C. 7:26-1.7 are met.
3.
Protection of Existing Plantings. Maximum effort should be made to save specimen trees (because of size or relative rarity). The Municipal Agency may require submittal of a plan for the conservation of existing trees and shrubs. Such plans shall indicate which trees and shrubs are to be cleared and which shall be retained. Consistent with reasonable development of any site, all trees designated for protection by subsection 16-2.4b, 1 and 2 of the Borough Code shall be retained and protected as specifically required by the Municipal Agency or as required by subsection 16-1.8 of the Borough Code. Protective barriers or tree wells shall be installed around all vegetation to be protected. Unless a higher standard of protection is required by subsection 16-1.8 of the Borough Code, such barriers shall be placed four (4') feet from protected shrubs or ornamental trees and ten (10') feet from protected trees and wooded areas. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four (4') feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
4.
On major applications, a Tree Save Plan shall be submitted for approval by the Municipal Agency. The plan shall include the location of existing vegetation designated for protection in Chapter 16, Environmental Protection, Section 1, Tree Protection, of the Borough Code and specifically identified in subsections 16-1.4b, 1 and 2.
5.
Slope Plantings. Landscaping of the area of all cuts and fills and/or
terraces shall be sufficient to prevent erosion, and all roadway slopes
steeper than one (1') foot vertically to three (3') feet horizontally
shall be planted with ground covers appropriate for the purpose and
soil conditions, water availability, and environment.
6.
Additional Landscaping. In residential developments, besides the
screening and street trees required, additional plantings or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, privacy, or for aesthetic reasons in accordance
with a planting plan approved by the Municipal Agency. In nonresidential
developments, all areas of the site not occupied by building and required
improvements shall be landscaped by the planting of grass or other
ground cover, shrubs, and trees as part of a site plan approved by
the Planning Board.
At a minimum, the equivalent of at least two shrubs and one
shade or ornamental tree of two and one-half (2 1/2") inch caliper
diameter breast height (DBH) or greater shall be provided for each
1,500 square feet of area of a residential development not covered
by buildings or improvements and for each 1,000 square feet of nonresidential
development. Existing healthy specimen trees may be included in satisfying
these requirements. These plantings shall be in addition to any other
landscaping requirements, including landscaping of off-street parking
areas and buffer areas.
7.
Planting Specifications. Deciduous trees shall have at least a two
and one-half (2 1/2") inch caliper DBH at planting. Size of evergreens
and shrubs shall be allowed to vary depending on setting and type
of shrub. Only nursery-grown plant materials shall be acceptable;
and all trees, shrubs, and ground covers shall be planted according
to accepted horticultural standards. Dead or dying plants shall be
replaced by the developer during the following planting season.
8.
Plant Species. The plant species selected should be hardy for the
particular climatic zone in which the development is located and appropriate
in terms of function and size. Plant species shall not include invasive
plants such as invasive bamboo and other species regulated by the
State of New Jersey.
d.
Street Trees.
1.
Location. Street trees shall be installed on both sides of all streets
in accordance with the approved landscape plan. Trees shall either
be massed at critical points or spaced evenly along the street, or
both.
|
Tree Size
(in feet)
|
Planting Interval
(in feet)
|
|---|---|
|
Large trees (40+)
|
50
|
|
Medium-sized trees (30—40)
|
40
|
|
Small trees (to 30)
|
30
|
If a street canopy effect is desired, trees may be planted
closer together, following the recommendations of a certified landscape
architect. The trees shall be planted so as not to interfere with
utilities, roadways, sidewalks, sight easements, or streetlights.
Tree location, landscaping design, and spacing plan shall be approved
by the Planning Board or Zoning Board of Adjustment as part of the
landscape plan.
2.
Tree Type. Tree type may vary depending on overall effect desired,
but as a general rule, all trees shall be the same kind on a street
except to achieve special effects. Selection of tree type shall be
approved by the Shade Tree Commission.
3.
Planting Specifications. All trees shall have a caliper of two and
one-half (2 1/2") inches and they shall be nursery grown, of
substantially uniform size and shape, and have straight trunks. Trees
shall be properly planted and staked and provision made by the applicant
for regular watering and maintenance until they are established. Dead
or dying trees shall be replaced by the applicant during the next
planting season.
4.
Restrictions.
Assess area to be planted both above- and below-ground. In areas where
there are overhead power lines, select a tree of small stature that
matures at a height less than 25 feet. Do not plant within the ten-foot
vegetation-free clearance area around the base of transmission poles.
Do not plant within six feet from the curbline or edge of sidewalk
closest to structure. Do not plant within six feet from the vertical
line of an overhead power line.
5.
Prohibited
Street Trees. The Pyrus calleryana, or the Callery pear tree, known
for its cultivar, a Bradford pear, is prohibited as a street tree
in the Borough of Rumson.
e.
Buffering and Screening.
1.
Function and Materials. Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on an adjacent
property or from adjacent areas. It may consist of fencing, evergreens,
berms, rocks, boulders, mounds, or combinations to achieve the stated
objectives.
2.
When Required. All uses, other than single family detached and two
family detached dwellings and their accessory uses, shall provide
buffers along side and rear property lines which abut areas zoned
residentially or used for residential purposes. Buffering shall also
be required when topographical or other barriers do not provide reasonable
screening and when the Municipal Agency determines that there is a
need to shield the site from adjacent properties and to minimize adverse
impacts such as incompatible land uses, noise, glaring light, and
traffic. In dense developments, when building design and siting do
not provide privacy, the Municipal Agency may require landscaping,
fences, or walls to ensure privacy and screen dwelling units.
Where required, buffers shall be measured from property lines.
(a)
Buffer strips shall be twenty five (25') feet wide but need
not exceed 10% of the lot area. Where a twenty-five (25') foot wide
buffer is infeasible because of established development patterns,
the Board may consider alternative designs that would create an effective
buffer.
(b)
In addition to any required buffer, parking areas, garbage collection,
utility areas and loading and unloading areas should be screened around
their perimeter by a strip a minimum five (5') feet wide. This screening
strip may be omitted when areas cited are adjacent to a twenty-five
(25') foot wide buffer.
(c)
It is preferred that residential lots abut and have access from
local streets. When they must abut higher order streets, a landscaped
buffer area shall be provided along the property line abutting the
road. The buffer shall have a minimum width equal to the required
front yard setback of the lot. The portion of the lot within the buffer
strip shall not be included in determining minimum lot area. Yard
setbacks shall be measured from the buffer strip limit.
3.
Design. Arrangement of planting in buffers shall provide maximum
protection to adjacent properties and avoid damage to existing plant
material. Possible arrangements include planting in parallel, serpentine,
or broken rows. If planted berms are used, the minimum top width shall
be four (4') feet, and the maximum side slope shall be 2:1.
4.
Planting Specifications. Plant materials shall be sufficiently large
and planted in such a fashion that a screen at least eight (8') feet
high, occupying 50% of the width of the buffer strip, shall be produced
within three growing seasons. All plantings shall be installed according
to accepted horticultural standards.
5.
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials, or parking shall be permitted within the buffer area;
buffer areas shall be maintained and kept free of all debris, rubbish,
weeds, and tall grass.
f.
Parking Lot Landscaping.
1.
Amount Required. In parking lots, at least 5% of the interior parking
area shall be landscaped with plantings, and one tree for each 10
spaces shall be installed. Parking lot street frontage screening and
perimeter screening shall be a minimum of five (5') feet wide. Planting
required within the parking lot is exclusive of other planting requirements,
such as for street trees.
2.
Location. The landscaping should be located in protected areas, such
as along walkways, in center islands, at the end of bays, or in diamonds
between parking stalls. All landscaping in parking areas and on the
street parking lot is exclusive of other planting requirements, such
as for street trees.
3.
Plant Type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees may be planted; the area between trees shall be
planted with shrubs or ground cover or covered with mulch.
g.
Paving Materials and Walls and Fences.
1.
Paving Materials. Design and choice of paving materials used in pedestrian
areas shall consider the following factors; cost, maintenance, use,
climate, characteristics of users, appearance, availability with surroundings,
decorative quality, and aesthetic appeal. Acceptable materials shall
include, but are not limited to, concrete, brick, cement pavers, asphalt
and stone.
2.
Walls and fences shall be erected where required for privacy, screening,
separation, security, or to serve other necessary functions.
h.
Street Furniture.
1.
Street furniture such as, but not limited to, trash receptacles,
benches, phone booths, etc., shall be located and sized in accordance
with their functional needs.
2.
Street furniture elements shall be compatible in form, material,
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
3.
Selection of street furniture shall consider durability, maintenance,
and long-term cost.
In order to ensure that future development is designed to accommodate
the recycling of solid waste, site plan, subdivision applications
shall adhere to the following:
a.
Materials designated in the Borough of Rumson Recycling Ordinance Section 13-6 et seq. shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
For major applications, each single or two family unit shall provide
a storage area of at least 12 square feet within each dwelling unit
to accommodate a four week accumulation of mandated recyclables (including
but not limited to: newspaper, glass bottles, aluminum cans, tin and
bimetal cans). The storage area may be located in the laundry room,
garage, basement or kitchen.
2.
For major applications, each multi-family unit shall provide a storage
area of at least three square feet within each dwelling unit to accommodate
a one week accumulation of mandated recyclables (including but not
limited to: newspaper, glass bottles, aluminum cans, tin and bimetal
cans). The storage area may be located in the laundry room, garage,
or kitchen. Unless recyclables are collected on a weekly basis from
each dwelling unit, one or more common storage areas must also be
provided at convenient locations within the development.
3.
Each application for a nonresidential use which utilizes 1,000 square
feet or more of land, shall provide the Municipal Agency with estimates
of the quantity of mandated recyclable materials (including but not
limited to: newspaper, glass bottles, aluminum cans, tin and bimetal
cans, high grade paper, and corrugated cardboard) that will be generated
by the development during each week. A separated storage area must
be provided to accommodate a one to four weeks accumulation of recyclable
material. The Municipal Agency may require the location of one or
more common storage areas at convenient locations within the development.
c.
The applicant shall submit sufficient details of the solid waste
and recyclables to be generated by any application to allow the Municipal
Agency to reach an affirmative conclusion that proposed provisions
are sufficient.
d.
The Municipal Agency, in the interpretation/enforcement of this section
may seek and rely upon the opinions of the Director of Public Works
and/or the Municipal Recycling Coordinator.
The purpose of this section is to set forth improvement standards and construction specifications for developments. Where a standard in this section is referenced as a requirement by Section 22-5, Zone District Regulations, or by Section 22-6, Conditional Uses, or by Section 22-7, General Zoning Provisions, then a deviation from the specified standard shall only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief may only be authorized as an exception to subdivision or site plan regulations pursuant to N.J.S.A. 40:55D-51.
A subdivision and/or site plan shall conform to standards that
will result in a well-planned community, protect the health and safety
of the residents, and provide a desirable living environment without
unnecessarily adding to development costs. The following improvements
shall be required: streets and circulation, off-street parking, water
supply, sanitary sewers, and storm water management.
[Ord. 5/19/05 § 15; Ord. 08-015 § 1; Ord. 7/11/91 § 13; Ord.
12/15/05 § 5; Ord. No.
08-015D, § 1; Ord. No.
16-007D § 11; amended 9-10-2024 by Ord. No. 24-009D]
a.
Streets.
1.
General.
(a)
The arrangement of streets shall conform to the master plan.
(b)
For streets not shown on the master plan or official map, the
arrangement shall provide for the appropriate extension of existing
streets.
(c)
Streets shall be arranged so as to discourage through traffic
and provide for maximum privacy.
2.
Street Hierarchy.
(a)
Streets shall be classified in a street hierarchy system with
design tailored to function.
(b)
The street hierarchy system shall be defined by road function
and traffic. The following classification shall be utilized in the
Borough and each proposed street shall be classified and designed
for its entire length to meet the described standards.
(1)
Collector streets collect traffic from local streets and channel
it into the system of arterial highways. The right-of-way width for
collector streets within the jurisdiction of the Borough is sixty
(60') feet. The right-of-way shall have a cartway width of at least
forty (40') feet to allow for two twelve (12') foot wide moving lanes
and two eight (8') foot wide parking lanes. In addition, the right-of-way
width shall allow for curb, sidewalk, utility, and shade tree installation.
(c)
Local streets provide frontage for access to lots and carry
traffic having destination or origin on the street itself. The minimum
right-of-way width for local streets is fifty (50') feet. The right-of-way
shall have a cartway width in accordance with Residential Site Improvement
Standards (RSIS). In addition, the right-of-way width shall allow
for curb, sidewalk, utility, and shade tree installation. Any street
not designated as a collector street is a local street.
3.
Cartway Width. The determination as to cartway width shall also consider
possible limitations imposed by sight distances, climate, terrain,
emergency services access and maintenance needs. The Municipal Agency
may require increases or decreases in cartway width where appropriate.
4.
Curbs and Gutters.
(a)
Curbing shall be required for drainage purposes, safety, and
delineation and protection of pavement edge.
(b)
Curbs shall be constructed according to the specifications set
forth in the construction specifications.
(c)
Curbing shall be designed to provide a ramp for bicycle and/or
wheelchairs as required.
(d)
Curbing shall be provided along both sides of subdivision streets,
and adjacent to the edge of all aisles, drives and off-street parking
areas.
5.
Shoulders.
(a)
Shoulders and/or drainage swales shall be required instead of
curbs when: (1) shoulders are required by CAFRA; (2) soil and/or topography
make the use of shoulders and/or drainage swales preferable; (3) where
required by Residential Site Improvement Standards (RSIS); (4) it
is in the best interest of the community to preserve its character
by using shoulders and/or drainage swales instead of curbs.
(b)
Shoulder requirements shall vary according to street hierarchy
and intensity of development.
(c)
Shoulders may consist of reduced pavement section or after construction
approved by the Municipal Agency.
6.
Sidewalks.
(a)
Sidewalks shall be placed in the right-of-way, parallel to the
street within the right-of-way, unless an exception has been permitted
to preserve topographical or natural features, or to provide visual
interest, or unless the applicant shows that an alternative pedestrian
system provides safe and convenient circulation. In commercial and
more intensely developed residential areas, sidewalks may abut the
curb.
(b)
Pedestrian way easements a minimum of ten (10') feet wide may
be required by the Planning Board through the center of blocks more
than six hundred (600') feet long to provide circulation or access
to schools, play-grounds, shopping, or other community facilities.
(c)
Sidewalk width shall be four (4') feet; wider widths may be
necessary near pedestrian generators and employment centers. Where
sidewalks abut the curb and cars overhang the sidewalk, widths shall
be six (6') feet.
(d)
Sidewalks and graded areas shall be constructed according to
the specifications set forth in the construction specifications.
(e)
Sidewalks shall be provided on both sides of all streets and
throughout site development for ease of pedestrian access.
(f)
Accessible barrier-free ramps shall be provided at intersections
and crosswalks in accordance with the United States Access Board Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way. Public
sidewalks, shared use paths, and other pedestrian circulation paths
must comply with the Access Board's Pedestrian Access Route requirements.
(g)
Whenever a developer within the Borough of Rumson is required
by ordinance, statute or stipulation of the Planning Board or Zoning
Board of Adjustment to install sidewalks, the applicable Board may
waive said sidewalk requirement at the request of the developer, or
on its own initiative. Upon the granting of such a waiver, the developer
shall be required to pay to the Borough of Rumson an amount equal
to the reasonable cost of installing said sidewalks, said amount to
be determined by the Borough Engineer upon submission and consideration
of various estimates and other documentation from the developer, other
interested parties and the office of the Borough Engineer itself,
taking into account factors such as the application of prevailing
wage requirements added to the Borough's construction costs. All funds
collected by the Borough of Rumson from developers as set forth above
shall be maintained in a Sidewalk Capital Construction Fund account
which is hereby authorized and created, the proceeds of which shall
be made available to install sidewalks throughout the Borough of Rumson
where properly authorized by the Mayor and Council. Nothing contained
herein shall affect the right of the Borough of Rumson to enact ordinances
requiring assessments for sidewalks from property owners as authorized
under N.J.S.A. 40:65-2, or other statutory rights granted to municipalities.
7.
Bikeways.
(a)
Separate bicycle paths shall be required only if such paths
have been specified as part of a municipality's adopted master plan.
(b)
Bicycle lanes, where required, shall be placed in the outside
lane of a roadway, adjacent to the curb or shoulder. When on-street
parking is permitted, the bicycle lane shall be between the parking
lane and the outer lane of moving vehicles. Lanes shall be delineated
with markings, preferably striping. Raised reflectors or curbs shall
not be used.
(c)
Bikeways shall be constructed according to the specifications
set forth in the construction specifications.
8.
Utility and Shade Tree Areas.
(a)
Utilities and shade trees shall generally be located within
an easement area outside the right-of-way on both sides of and parallel
to the street right-of-way.
(b)
Utility and shade tree areas shall be planted with grass, ground
cover, or treated with other suitable cover material.
(c)
Utility and shade tree easements of at least ten (10') feet
wide on both sides of the street shall be provided.
9.
10.
Street Grade and Intersections.
(a)
Street grade and intersection design shall be according to the
standards and specifications set forth in this section.
11.
Pavement.
(a)
Street pavement thickness shall vary by street hierarchy, subgrade
conditions and pavement type as set forth in this section.
12.
Lighting.
(a)
Lighting shall be provided in accordance with a plan designed
by the utility company, a licensed professional engineer, or using
as a guideline the standards set forth by "IES Lighting Handbook"
shown in the construction specifications.
(b)
Lighting for safety shall be provided at intersections, along
walkways, at entryways, between buildings, and in parking areas.
(c)
Spacing of standards shall be equal to approximately four times
the height of the standard.
(d)
The maximum height of standards shall not exceed the maximum
building height permitted, or twenty-five (25') feet, whichever is
less.
(e)
The height and shielding of lighting standards shall provide
proper lighting without hazard to drivers or nuisance to residents,
and the design of lighting standards shall be of a type appropriate
to the development and the municipality.
(f)
Spotlights or flood lights, if used, shall be downward directed
and placed on standards pointing toward the buildings and positioned
so as not to blind the residents, rather than on the buildings and
directed outward which creates dark shadows adjacent to the buildings.
13.
Underground Wiring.
(a)
All electric, telephone, television, and other communication
facilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public right-of-way, installed in accordance with the prevailing standards
and practices of the utility or other companies providing such services.
(b)
Lots which abut existing easements or public rights-of-way where
overhead electric or telephone distribution supply lines and service
connections have hereto before been installed may be supplied with
electric and telephone service from those overhead lines, but the
service connections from the utilities' overhead lines shall be installed
underground. In the case of existing overhead utilities, should a
road widening, or an extension of service, or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
(c)
Where overhead lines are permitted as the exception, the placement
and alignment of poles shall be designed to lessen the visual impact
of overhead lines as follows: Alignments and pole locations shall
be carefully routed to avoid locations along horizons; clearing swaths
through treed areas shall be avoided by selective cutting and a staggered
alignment; trees shall be planted in open areas and at key locations
to minimize the view of the poles and the alignments; and alignments
shall follow rear lot lines and other alignments.
(d)
Year-round screening of any utility apparatus appearing above
the surface of the ground, other than utility poles, shall be required.
14.
Traffic Signs.
(a)
Design and placement of traffic signs shall follow the requirements
specified in "Manuals on Uniform Traffic Control Devices for Streets
and Highways," published by the U.S. Department of Transportation
and adopted by the N.J. Department of Transportation.
(b)
At least two street name signs shall be placed at each four
way street intersection and one at each "T" intersection. Signs shall
be installed under light standards and free of visual obstruction.
The design of street name signs should be consistent, of a style appropriate
to the community, of a uniform size and color, and erected in accordance
with local standards.
(c)
Site information signs shall follow a design theme related and
complementary to other elements of the overall site design.
b.
Off-Street Parking.
1.
Number of Spaces.
(a)
Off-street parking spaces shall be required in all developments
to accommodate residents and visitors.
(c)
For nonresidential developments, the parking standards shown
in Exhibit 9-2 of this section shall be used as a guideline.
(d)
Alternative off-street parking standards shall be accepted only
if the applicant demonstrates that these standards better reflect
local conditions.
(e)
The Municipal Agency may require the use of alternative standards
if it determines that the ordinance standards are insufficient or
a particular development has unique parking requirement. The basis
for such a determination shall be documented by the Municipal Agency
in its minutes.
(f)
All required residential parking shall be located behind the
front yard setback line. A garage shall only be counted as off-street
parking where the access driveway is at least thirty (30') feet long
or where the Municipal Agency agrees to accept such garage space as
meeting requirements.
(g)
Where the total number of off-street parking spaces required
may not be immediately required for a particular use, a staged development
plan may be permitted which requires that only a portion of the parking
area, but not less than 65% of the required spaces 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.
(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 Section 22-8.
(4)
The applicant shall post separate performance guarantees, in addition to the performance guarantees required under Section 22-10 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 years.
Prior to the expiration of the two year period, the applicant may
either install the additional parking spaces shown on the site plan
and apply for issuance of a permanent certificate of occupancy or
apply to the Planning Board after the use has been in operation a
minimum of 18 months for a determination as to whether or not the
initial parking area provided is adequate. If the Planning Board determines
that the parking facility is adequate as originally constructed, the
performance guarantees shall be released and a permanent certificate
of occupancy issued. 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 areas to a use
which requires more parking spaces than are provided on the site shall
require submission of a new site plan.
2.
Size of Spaces. Each off-street parking space shall measure at least
nine (9') feet in width by eighteen (18') feet in length. Parking
spaces and striping for the physically handicapped shall be in accordance
with Americans with Disabilities Act (ADA) regulations.
3.
Parking Areas.
(a)
Off-street parking areas shall be oriented to and within a reasonable
walking distance of the buildings they are designed to serve. This
distance shall be a maximum of seven hundred (700') feet for employee
parking; four hundred (400') feet for shoppers; two hundred fifty
(250') feet for non-elderly residents; one hundred fifty (150') feet
for elderly residents; and three hundred (300') feet for guests.
(b)
Access to parking lots shall be designed so as not to obstruct
free flow of traffic. There shall be adequate provision for ingress
to and egress from all parking spaces to ensure ease of mobility,
ample clearance, and safety of vehicles and pedestrians.
(c)
The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the requirements specified
below. Only one way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than ninety (90°) degrees.
|
DOUBLE
| |||
|---|---|---|---|
|
Minimum Parking Bay Width
(feet)
| |||
|
Parking Angle
(degrees)
|
Normal
|
Long Term
|
Minimum Aisle Width
(feet)
|
|
30
|
48
|
46
|
12
|
|
45
|
50
|
48
|
13
|
|
60
|
55
|
53
|
18
|
|
90
|
62
|
60
|
24
|
It may be necessary to adjust aisle width and/or space
length to provide minimum parking bay width. Parking angles less than
forty-five (45°) degrees are not encouraged.
(d)
Where sidewalks occur in parking areas, parked vehicles shall
not overhang or extend over the sidewalk unless an additional two
(2') feet of sidewalk width are provided in order to accommodate such
overhang.
(e)
Parking areas shall be suitably landscaped to minimize noise,
glare and other nuisance characteristics as well as to enhance the
environment and ecology of the site and surrounding area. Parking
lots containing more than 100 spaces shall be broken down into sections
of smaller lots of 50 spaces separated from other sections by landscaped
dividing strips, berms, and similar elements.
(f)
For all multiple dwellings and nonresidential uses, the perimeter
of all parking areas, internal islands, and planting areas shall have
continuous cast in place concrete curbing in accordance with the construction
specifications. All parking areas, aisles, and accessways for multiple
dwellings and nonresidential uses shall be surfaced with a properly
designed all weather pavement in accordance with the construction
specifications.
4.
Handicapped Parking Spaces. In accordance with N.J.A.C. 5:23-7 et
seq. every parking lot or parking garage shall have at least the number
of accessible parking spaces for the handicapped as set forth below:
|
Minimum Number of Accessible Parking Spaces
| |
|---|---|
|
Total Parking In Lot
|
Required Number of Accessible Spaces
|
|
1—25
|
1
|
|
26—50
|
2
|
|
51—75
|
3
|
|
76—100
|
4
|
|
101—150
|
5
|
|
151—200
|
6
|
|
201—300
|
7
|
|
301—400
|
8
|
|
401—500
|
9
|
|
501—1000
|
2% of total number of spaces provided in each lot
|
|
1001 and over
|
20 plus 1 for each 100 over 1000
|
Typical arrangements of handicapped spaces is shown
in Exhibit 9-3 of this chapter. Other arrangements are possible which
will conform to handicapped parking standards and good design goals.
5.
Location of Parking.
(a)
Parking is only permitted in parking areas and drives intended
for that purpose. Parking is not permitted in lawns or other unimproved
areas.
(b)
Required parking shall be located in access drives outside of
any required front yard is in parking areas shown on an approved site
plan.
(c)
Parking areas shall not be located in any required front yard.
(d)
Required parking may be located in garages provided there is
a driveway at least twenty-five (25') feet long to each garage. If
the drive is less than twenty-five (25') feet long, the garage shall
be counted as one-half (0.5) of space.
|
EXHIBIT 9-1
OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL LAND USES
| |
|---|---|
|
Housing Unit Type/Size
|
Off-Street Parking Requirement
|
|
Single-Family Detached
| |
|
1 Bedroom
|
1.5
|
|
2 Bedroom
|
1.5
|
|
3 Bedroom
|
2.0
|
|
4 Bedroom
|
2.5
|
|
5 Bedroom or more
|
3.0
|
|
EXHIBIT 9-2
GUIDELINES FOR OFF-STREET PARKING REQUIREMENTS FOR NONRESIDENTIAL
LAND USES*
| ||
|---|---|---|
|
Nonresidential Land Use
|
Required Off-Street Parking Spaces per Indicated Area
| |
|
Banks, Savings & Loan Associations
|
1 per 200 sq. ft. GFA plus room for 12 automobiles per drive-in
window and/or lane for queuing purposes
| |
|
Bar, Tavern, or similar
|
1 per 2 seats or 10 per 1,000 sq. ft. GFA whichever is greater
| |
|
Church/Synagogue
|
1 per 3 seats or 22 inches of pew length
| |
|
Community Center, Museum, Art Gallery
|
1 per 200 sq. ft. GFA
| |
|
Community Club, Private Club, Lodge
|
1 per 100 sq. ft. GFA
| |
|
Dental or Medical Office
|
1 per 100 sq. ft. GFA
| |
|
Industrial, Light Manufacturing Wholesale
|
1 per 1,500 sq. ft. GFA
| |
|
Library
|
1 per 300 sq. ft. GFA
| |
|
(GFA = Gross Floor Area)
| ||
|
Marina, Boatyard, Boat Sales
|
1 per boat slip and 1 per 300 sq. ft. GFA of sales or office
space**
| |
|
Meeting Rooms, Assembly or Exhibition Hall
|
1 per 50 sq. ft. GFA
| |
|
Professional Offices
| ||
|
Under 5,000 sq. ft. GFA Other
|
4.5 per 1,000 sq. ft. GFA
| |
|
4 per 1,000 sq. ft. GFA
| ||
|
Business Office
| ||
|
Under 10,000 sq. ft. GFA
|
5.5 per 1,000 sq. ft. GFA***
| |
|
Other
|
5 per 1,000 sq. ft. GFA
| |
|
Restaurant
|
1 per 3 seats or 20 per 1,000 sq. ft. per GFA whichever is greater
| |
|
Retail Store
|
1 per 200 sq. ft. GFA
| |
|
Schools
| ||
|
Elementary
|
1 per 200 sq. ft. GFA
| |
|
Intermediate
|
2 per classroom; but not less than 1 per teacher and staff
| |
|
Secondary
|
1.5 per classroom; but not less than 1 per teacher and staff
| |
|
Motor Vehicle Service Station
|
4 per bay and work area
| |
|
Shopping Center
|
4 per 1,000 sq. ft. GFA****
| |
|
Studio - Art, Music, Dance, Gymnastics for the purpose of giving
instruction
|
1 per 100 sq. ft. GFA
| |
|
Theater
| ||
|
In Shopping Center
|
1 per 3 seats
1 per 4 seats
| |
|
(GFA = Gross Floor Area)
|
|
Footnotes:
|
|---|
|
*In computing the number of required parking spaces, the following
shall apply:
|
|
(1) Where fractional spaces result, the required
number shall be construed to be the next highest whole number.
|
|
(2) The parking space requirements for a use not
specifically mentioned herein shall be the same as required for a
use of similar nature as determined by the Municipal Agency.
|
|
(3) If there is no use enumerated herein having
sufficient similarity to the use proposed to enable the Municipal
Agency to establish rational parking requirements, the Municipal Agency
may, in its discretion, direct the applicant to furnish the Municipal
Agency with such data as may be necessary to enable the Municipal
Agency to establish rational parking requirements.
|
|
**Bar, Restaurant, or similar uses shall be calculated separately.
|
|
***A building of mixed office uses may include a maximum of
1/3 medical or dental floor area. If medical or dental uses exceed
1/3 of the gross floor area, their parking requirement shall be computed
separately.
|
|
****If more than 25% of the total floor area is occupied by
a non-retail use which has off-street parking requirements greater
than those required for a shopping center, then off-street parking
for the center shall be the same as the required minimum for the non-retail
use plus the required minimum for the balance of the shopping center
floor area.
|
|
EXHIBIT 9-3
HANDICAPPED PARKING AND SIZING DETAIL
|
|
DIAGRAM A
|
|
Features of Accessible Parking Spaces for Cars
|
 |
|
DIAGRAM B
|
|
Additional Features for Van-Accessible Parking Spaces
|
 |
c.
Off-Street
Loading.
1.
For every
building, structure or group of buildings or structures constituting
a coordinated development, having over 10,000 square feet of gross
floor area erected and occupied for any use other than residential,
there shall be provided at least one truck standing, loading and unloading
space on the premises not less than twelve (12') feet in width, thirty-five
(35') feet in length and with a minimum vertical clearance of fourteen
(14') feet. Buildings or groups of buildings that contain in excess
of 15,000 square feet of gross floor area shall be required to provide
additional off-street loading spaces as determined by the Municipal
Agency during site plan review.
2.
Access
to truck standing, loading and unloading areas may be provided directly
from a public street or alley or from any right-of-way that will not
interfere with public convenience and will permit orderly and safe
movement of truck vehicles.
3.
Unless
otherwise permitted, fire zones shall not be used as standing, loading
or unloading areas.
4.
Loading
areas, as required under this section, shall be provided in addition
to off-street parking spaces and shall not be considered as supplying
off-street parking spaces.
5.
Off-street
loading and unloading areas shall conform, as applicable, to all design
and locational standards set forth for off-street parking.
d.
Water Supply.
1.
Water Supply System.
(a)
All installations shall be properly connected with an approved
functioning public community water system, regulated by the Board
of Public Utilities prior to the issuance of a Certificate of Occupancy.
(b)
The water supply system shall be adequate to handle the necessary
flow based on complete development.
(c)
Fire protection facilities shall be furnished for all developments.
(d)
Minimum fire flows shall be based on recommendations by the
American Insurance Association and the National Board of Fire Underwriters,
as indicated in Exhibits 9-4 and 9-5 of this section.
(e)
The water system shall be designed to carry peak-hour flows
and be capable of delivering the peak hourly demands indicated in
Exhibit 9-5 of this section.
(f)
For developments of one and two family dwellings, not exceeding
two stories in height, the short method indicated in Exhibit 9-6 of
this section may be used.
2.
System Design and Placement. System design and placement shall comply
with the construction specifications and with the requirements of
the New Jersey American Water Company.
3.
Fire Hydrants.
(a)
Hydrants shall be spaced to provide necessary fire flow, and
the average area per hydrant typically should not exceed 120,000 square
feet. In addition, hydrants shall be spaced so that each residence
shall be within five hundred (500') feet of a hydrant.
(b)
A hydrant shall be located at all low points and at all high
points with adequate means of drainage provided.
(c)
Hydrants shall be located at the ends of lines, and valves of
full line size shall be provided after hydrants tees at the ends of
all deadlines and lines which may be extended in the future.
(d)
Size, type, and installation of hydrants shall conform to the
specifications as set forth in the construction specifications or
to the requirements of the New Jersey American Water Company.
|
EXHIBIT 9-4
FIRE FLOWS
| ||
|---|---|---|
|
Population
|
Flow
GPM*
|
Duration of Flow Hours
|
|
Under 100
|
500
|
4
|
|
1,000
|
1,000
|
4
|
|
1,500
|
1,250
|
5
|
|
2,000
|
1,500
|
6
|
|
3,000
|
1,750
|
7
|
|
4,000
|
2,000
|
8
|
|
5,000
|
2,250
|
9
|
|
6,000
|
2,500
|
10
|
|
10,000
|
3,000
|
10
|
|
*GPM = gallons per minute
|
|
EXHIBIT 9-5
DESIGN STANDARDS FOR PEAK HOUR FLOW
| |
|---|---|
|
Total Houses Served
|
Peak Hourly Rates
GPM per house
|
|
5
|
8.0
|
|
10
|
5.0
|
|
50
|
3.0
|
|
100
|
2.0
|
|
250
|
1.3
|
|
500
|
0.8
|
|
750
|
0.7
|
|
1,000 or more
|
0.6
|
|
EXHIBIT 9-6
SHORT METHOD FOR CALCULATING FIRE FLOWS
| |
|---|---|
|
Distance Between Building*
|
Required Fire Flow
|
|
Over 100 feet
|
500 GPM
|
|
31 feet — 100 feet
|
750 GPM — 1,000 GPM
|
|
11 feet — 30 feet
|
1,000 GPM — 1,500 GPM
|
|
10 feet or less
|
1,500 GPM — 2,000 GPM
|
|
*For contiguous buildings (attached dwelling units of two or
more two family units and/or multi-family units), a minimum of 2,500
GPM may be used.
|
e.
Sanitary Sewers.
2.
System Planning, Design and Placement.
(a)
The planning, design, construction, installation, modification,
and operation of any treatment works shall be in accordance with the
applicable NJDEP regulations implementing the New Jersey Water Pollution
Control Act (N.J.S.A. 58:10a-1 et seq.) and the New Jersey Water Quality
Planning Act (N.J.S.A. 58:11A-1 et seq.).
(b)
All sanitary sewers, including outfalls, shall be designed to
carry at least twice the estimated average design flow when flowing
half full. In the case of large interceptor sewer systems, consideration
may be given to modified designs.
(c)
Average daily sewer flow shall be the greater value as calculated
as shown in Exhibit 9-7 of this section or N.J.A.C. 7:14A-23.3 Projected
Flow Criteria.
(d)
System design and placement shall comply with the specifications
set forth in the construction specifications and with the rules, regulations
and requirements of the Borough Sewer Utility and the Two River Water
Reclamation Authority.
|
EXHIBIT 9-7
WATER AND SEWER DEMAND/GENERATION BY TYPE/SIZE OF HOUSING UNIT
| ||||
|---|---|---|---|---|
|
Housing Type/Size
|
Number of Residents
|
Residential Water Demanda (daily)
|
Sewer Flowb (daily)
|
Peak Sewer Flowc (daily)
|
|
Single Family
| ||||
|
Detached
| ||||
|
2 bedroom
|
2.13
|
215
|
140
|
560
|
|
3 bedroom
|
3.21
|
320
|
210
|
840
|
|
4 bedroom
|
3.93
|
395
|
255
|
1,020
|
|
5 bedroom
|
4.73
|
475
|
310
|
1,240
|
|
Garden
| ||||
|
Apartment
| ||||
|
1 bedroom
|
1.57
|
120
|
100
|
400
|
|
2 bedroom
|
2.33
|
175
|
150
|
600
|
|
3 bedroom
|
3.56
|
270
|
230
|
920
|
|
Townhouse
| ||||
|
1 bedroom
|
1.69
|
125
|
110
|
440
|
|
2 bedroom
|
2.02
|
150
|
130
|
520
|
|
3 bedroom
|
2.83
|
210
|
185
|
740
|
|
4 bedroom
|
3.67
|
275
|
240
|
960
|
|
a. Based on 100 gallons per day (gpd) per person
for single-family detached units and 75 gpd for other housing types
(rounded).
|
|
b. Based on 65 gpd per person (rounded). Note: These
figures do not include allowance for infiltration/inflow. Determination
of infiltration/inflow should be made and added to the sewer flow
figures shown in this exhibit.
|
|
c. Based on four times daily sewer flow (rounded).
|
f.
Stormwater Management.
1.
Purpose.
(a)
It is hereby determined that the waterways within the Borough of Rumson are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the Borough of Rumson, the County and the State; that development tends to accentuate flooding by increasing storm water runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of water-borne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the Borough of Rumson, the County and the State; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of storm water runoff from such development. It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of storm water runoff from such developments as provided in this chapter as well as Chapter 16, Environmental Protection, Section 16-2, Stormwater Management and Control.
(b)
The storm water management plans submitted shall demonstrate
careful consideration of the general and specific concerns, values
and standards of the municipal master plan and applicable County,
regional and State storm drainage control program, any County mosquito
commission control standards, and shall be based on environmentally
sound site planning, engineering and architectural techniques.
(c)
Development shall use the best available technology to minimize
off-site storm water runoff, increase on-site infiltration, simulate
natural drainage systems, and minimize off-site discharge of pollutants
to ground and surface water and encourage natural filtration functions.
Best available technology may include measures such as retention basins,
recharge trenches, porous paving and piping, contour terraces and
swales.
2.
System Strategy and Design.
(a)
Stormwater management system strategy and design shall comply with the specifications set forth in the construction specification (subsection 22-9.3f of this chapter) as well as the provisions in Chapter 16, Environmental Protection, Section 16-2 Stormwater Management and Control. In the case of conflicting regulations, the requirement of Chapter 16, Environmental Protection Section 16-2, Stormwater Management and Control shall govern.
[Ord. 7/11/92, § 14; Ord. 5/19/05, § 15; Ord. No. 08-015D § 1; amended 9-10-2024 by Ord. No. 24-009D]
Where there is a question as to a specific requirement, the
"Standard Specifications of N.J.D.O.T. Road and Bridge Construction"
shall apply.
a.
Curbs.
1.
The standard curb section used shall be twenty (20') feet in length.
All concrete used for curbs shall be prepared in accordance with the
requirements by class concrete of the New Jersey Department of Transportation,
"Standard Specifications for Road and Bridge Construction" (latest
edition). The 28 day compressive strength of the concrete used shall
be not less than the following:
|
Type of Concrete
|
Average Strength
(pounds per square inch)
|
|---|---|
|
Class P
|
6,500
|
|
Class A
|
5,500
|
|
Class B, B-1
|
5,000
|
|
Class C, C-1
|
4,500
|
2.
Curbs and/or combination curbs and gutters shall be constructed of
Class B concrete, air-entrained (5,000 p.s.i.)
3.
Where drainage inlets are constructed, but curbs are not required,
curbing must be provided at least ten (10') feet on each side of the
inlet, set back one (1') foot from the extension of the pavement edge.
4.
Open joints shall be provided every ten (10') feet. One-half (1/2")
inch bituminous expansion joints shall be provided every twenty (20')
feet.
b.
Sidewalks and Bikeways.
1.
Sidewalks and Graded Areas.
(a)
Sidewalks shall be four (4") inches thick except at points of
vehicular crossing where they shall be at least six (6") inches thick.
At vehicular crossings, sidewalks shall be reinforced with welded
wire fabric mesh or an equivalent.
(b)
Concrete sidewalks shall be Class C concrete, having a 28 day
compressive strength of 4,500 p.s.i. Other paving materials may be
permitted depending on the design of the development.
(c)
Graded areas shall be planted with grass or treated with other
suitable ground cover and their width shall correspond to that of
sidewalks.
2.
Bikeways.
(a)
Bicycle Paths. Dimensions and construction specifications of
bicycle paths shall be determined by the number and type of users
and the location and purpose of the bicycle path. A minimum eight
(8') foot paved width should be provided for two way bicycle traffic
and a five (5') foot width for one way traffic.
(b)
Bicycle Lanes. Lanes shall be four (4') feet wide, or wide enough
to allow safe passage of bicycles and motorists.
(c)
Bicycle-safe drainage grates shall be used in the construction
of all residential streets.
c.
Street Grade, Intersections, Pavement, and Lighting.
1.
Street Grade.
(a)
Minimum street grade permitted for all streets shall be 0.5%;
but streets constructed at this grade shall be closely monitored and
strict attention paid to construction techniques to avoid ponding.
Where topographical conditions permit, a minimum grade of 0.75% shall
be used.
(b)
Maximum street grade shall be 8%.
2.
Intersections.
(a)
Minimum Intersection Angle. Street intersections shall be as
nearly at right angles as possible and in no case shall be less than
seventy-five (75°) degrees.
(b)
Minimum center line Offset of Adjacent Intersections. New intersections
along one side of an existing street shall, if possible, coincide
with any existing intersections on the opposite side of each street.
Use of "T" intersections in subdivisions shall be encouraged. To avoid
corner-cutting when inadequate offsets exist between adjacent intersections,
offsets shall be at least between one hundred seventy-five (175')
feet to two hundred (200') feet between center lines.
(c)
Minimum Curb Radius. Intersections shall be rounded at the curbline,
with the street having the highest radius requirement as shown in
Exhibit 9-8 of this chapter determining the minimum standard for all
curblines.
(d)
Grade. Intersections shall be designed with a flat grade wherever
practical. Maximum grade within intersections shall be 5% except for
collectors which shall be 3%.
(e)
Minimum center line Radius; Minimum Tangent Length Between Reverse
Curves; and Curb Radii. Requirements shall be as shown in Exhibit
9-8 of this chapter.
(f)
Sight Triangles. Sight triangle easements shall be required
and shall include the area on each street corner between the intersecting
street right-of-way lines and the line which connects the sight points
located on the cartway, curbline or pavement edge of each intersecting
street. Any obstruction to vision or clear sight, other than a pole,
post, tree trunk or similar vertical obstruction, not exceeding eighteen
(18") inches in diameter, across the sight easement area between all
points between thirty (30") inches and eighty-four (84") inches above
the center lines of the intersecting streets is prohibited; and a
public right of entry shall be reserved for the purpose of removing,
at the expense of the property owner, any obstruction to clear site.
The sight points on the cartway, curbline or pavement edge, shall
be determined from Exhibit 9-9A and Exhibit 9-9B, Case A, B, C1 or
C2, as applicable, unless: 1) the requirements of the Residential
Site Improvement Standard (RSIS) control, or 2) the Borough Engineer
determines that unusual site conditions, which may include, but are
not limited to, skewed intersection angles or severe vertical or horizontal
profiles, require detailed site specific engineering analysis.
3.
Pavement.
(a)
Pavement design for local and collector streets and parking areas, drives and aisles for all uses shall adhere to the following specifications for their full paved area as shown on Exhibit 9-10 of this chapter, except that pavement design for single family residential uses shall adhere to the standards set forth in subsection 22-9.3c, 3(b).
(b)
Pavement for drives and off-street parking for single-family
residential uses shall be:
|
Hot-mix Asphalt Surface Course
|
2"
|
|
Gravel Base Course, Soil Aggregate, Gradation Designation I-5
|
6"
|
The notes accompanying Table 9-10 shall apply.
4.
Lighting. Lighting shall be designed in accordance with a plan designed
by the utility company; or the standards recommended in the "IES Lighting
Handbook," shown in Exhibit 9-11 of this chapter, shall be used as
a guideline.
|
EXHIBIT 9-8
INTERSECTION STANDARDS
| ||
|---|---|---|
|
Intersection Standards
|
Local Street
|
Collector Street
|
|
Maximum Grade within 50' of Intersection
|
5%
|
3%
|
|
Minimum center line Radius
|
150'
|
300'
|
|
Minimum Tangent Length Between Reverse Curves
|
100'
|
150'
|
|
Curb Radii
|
25'
|
35'
|
 |
 |
|
EXHIBIT 9-10
PAVEMENT SPECIFICATIONS
| |
|---|---|
|
Local Streets
| |
|
Hot-mix Asphalt Surface Course,
|
1-1/2" Thick
|
|
Hot-mix Asphalt Base Course,
|
3-1/2" Thick
|
|
Prime Coat on Gravel Base
| |
|
Gravel Base Course, Soil Aggregate,
|
6 " Thick
|
|
Gradation Designation I-5
|
(1),(2),(3)
|
|
(4) If Required Add:
| |
|
Subbase, Soil Aggregate, Gradation
|
6" Thick
|
|
Designation I-2 or I-3
| |
|
Collector Streets
| |
|
Hot-mix Asphalt Surface Course,
|
1-1/2" Thick
|
|
Hot-mix Asphalt Base Course,
|
4-1/2" Thick
|
|
(Laid in Two Courses)
| |
|
Prime Coat on Gravel Base
| |
|
Gravel Base Course, Soil Aggregate,
|
8 " Thick
|
|
Gradation Designation I-5
|
(1),(2),(3)
|
|
(4) If Required Add:
| |
|
Subbase, Soil Aggregate, Gradation
|
8" Thick
|
|
Designation I-2 or I-3
| |
|
Parking Areas and Aisles (5)
| |
|
Hot-mix Asphalt Surface Course,
|
1-1/2" Thick
|
|
Hot-mix Asphalt Base Course,
|
2" Thick
|
|
Gravel Base Course, Soil Aggregate,
|
4-1/2" Thick
|
|
Gradation Designation I-5
|
(1), (2)
|
|
NOTES:
|
|---|
|
(1) Hot-mix Asphalt Base Course may be substituted
for Gravel Base Course on a 1" to 3" ratio.
|
|
(2) If Subgrade is approved as adequate by the Engineer,
Gravel Base Course may be completely eliminated and Hot-mix Asphalt
Base Course may be substituted on a 1" to 3" ratio.
|
|
(3) Gravel Base Course may be reduced to 3" minimum
if Subbase is provided.
|
|
(4) Subbase may be required depending on Subgrade
soils, ground water elevations and other variables.
|
|
(5) Portions of Parking Areas and Aisles likely
to be subjected to significant heavy truck traffic shall meet the
standards for local streets.
|
|
(6) Hot-Mix Asphalt Surface Course shall be HMA
Mix 12.5M64 or similar to Mix 1-5 as approved by the Engineer. Hot
Mix Asphalt Base Course shall be HMA Mix 19M64 or similar to Mix I-2
as approved by the Engineer.
|
|
EXHIBIT 9-11
ILLUMINATION GUIDELINES FOR STREET, PARKING, AND PEDESTRIAN
AREAS
A. Street Illumination
Area Classification
| ||||||
|---|---|---|---|---|---|---|
|
Commercial
|
Intermediate
|
Residential
| ||||
|
Street Hierarchy
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
|
Collector
|
13
|
1.2
|
10
|
0.9
|
6
|
0.6
|
|
Local
|
6
|
0.6
|
4
|
0.4
|
4
|
0.4
|
|
EXHIBIT 9-11
ILLUMINATION GUIDELINES FOR STREET, PARKING, AND PEDESTRIAN
AREAS
B. Parking Illumination (Open Parking Facilities)
Illumination Objective
| ||||||
|---|---|---|---|---|---|---|
|
Vehicular Traffic
|
Pedestrian Safety
|
Pedestrian Security
| ||||
|
Level of Activity
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
|
Low activity
|
5
|
0.5
|
2
|
0.2
|
9
|
0.8
|
|
Medium activity
|
11
|
1
|
6
|
0.6
|
22
|
2
|
|
High activity
|
22
|
2
|
10
|
0.9
|
43
|
4
|
|
EXHIBIT 9-11
ILLUMINATION GUIDELINES FOR STREET, PARKING, AND PEDESTRIAN
AREAS
C. Pedestrian Way Illumination
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Average Level
|
Average Levels for Special Level Pedestrian Security
| |||||
|
Mounting Heights
3 to 5 meters
(9 to 15 feet)
|
Mounting Heights
5 to 10 meters
(15 to 30 feet)
| |||||
|
Walkways and Bikeway Classification
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
Lux
|
Footcandles
|
|
Sidewalks (roadside) and Type A bikeways
| ||||||
|
Commercial areas
|
10
|
0.9
|
22
|
2.0
|
43
|
4.0
|
|
Intermediate areas
|
6
|
0.6
|
11
|
1.0
|
22
|
2.0
|
|
Residential areas
|
2
|
0.2
|
4
|
0.4
|
9
|
0.8
|
|
Walkways distant from roadways and Type B bikeways
| ||||||
|
Park walkways and bikeways
|
5
|
0.5
|
6
|
0.6
|
11
|
1.0
|
|
Pedestrian tunnels
|
43
|
4.0
|
54
|
5.0
|
—
|
—
|
|
Pedestrian overpasses
|
3
|
0.3
|
4
|
0.4
|
—
|
—
|
|
Pedestrian stairways
|
6
|
0.6
|
9
|
0.8
|
—
|
—
|
|
IES Lighting Handbook Definitions:
| ||||||
|
1. Area Classification:
| ||||||
|
Commercial. That portion of a municipality in a
business development where ordinarily there are large numbers of pedestrians
during business hours.
| ||||||
|
Intermediate. That portion of a municipality often
characterized by a moderately heavy nighttime pedestrian activity
such as in blocks having libraries, community recreation centers,
large apartment buildings or neighborhood retail stores.
| ||||||
|
Residential. A residential development, or a mixture
of residential and commercial establishments, characterized by a few
pedestrians at night. This definition includes areas with single family
homes, townhouses and/or small apartment buildings.
| ||||||
|
Activity Level:
| ||||||
|
High Activity. Major league athletic events, cultural
or civic events, and major regional shopping centers.
| ||||||
|
Medium Activity. Fast food facilities, area shopping
centers, hospital parking areas, transportation parking (airports,
etc.), cultural, civic or recreational events, and residential complex
parking.
| ||||||
|
Low Activity. Local merchant parking, industrial
employee parking, educational facility parking.
| ||||||
|
Bikeway Classification:
| ||||||
|
Type A Bikeway. A strip within or adjacent to a
public roadway or shoulder, used for bicycle travel.
| ||||||
|
Type B Bikeway. An improved strip identified for
public bicycle travel and located away from a roadway or its adjacent
sidewalk system.
| ||||||
d.
Water Supply: System Design and Placement.
1.
System design and placement shall comply with all applicable New
Jersey American Water Company, NJDEP, and AWWA, with the strictest
standards governing.
2.
Fire Hydrants.
(a)
Size type, and installation of hydrants shall be in accordance
with local practice, or shall conform to the American Water Works
Association standard for Dry Barrel Fire Hydrants (AWWA C-502). Hydrants
shall have at least three outlets; one outlet shall be a pumper outlet
and other outlets shall be at least two and one-half (2 1/2")
inch nominal size. Street main connections should be not less than
six (6") inches in diameter. Hose threads on outlets shall conform
to National Standard dimensions. A valve shall be provided on connections
between hydrants and street mains. All pipe, fittings, and appurtenances
supplying fire hydrants shall be AWWA- or ASTM-approved.
(b)
All fire hydrants shall conform to the color-code system as
shown in Exhibit 9-12 of this chapter.
|
EXHIBIT
9-12
COLOR CODE SYSTEM FOR FIRE HYDRANTS
|
|---|
|
Red—Less
than 500 GPM
|
|
Orange—500
to 999 GPM
|
|
Green—1,000
to 1,499 GPM
|
|
Blue—1,500
GPM and above
|
|
The
developer shall paint the fire hydrant bonnets to reflect standard
NFPA 291 on Hydrant marking.
|
e.
Sanitary Sewers; System Design and Placement.
1.
Plans for sanitary systems shall reflect New Jersey State regulations
and guidelines which implement the New Jersey Water Pollution Control
Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning
Act (N.J.S.A. 58:11A-1 et seq.).
2.
The most desirable location for sanitary sewer mains shall be within
the municipal right-of-way at or near the center line of the paved
cartway. The minimum size shall be eight (8") inch diameter.
3.
Curved sewers shall be approved by the engineer only under special
conditions. The minimum diameter shall be eight (8") inches; the minimum
radius of curvature shall be one hundred (100') feet; and manhole
spacing shall not exceed three hundred (300') feet. Approval shall
be limited to areas where curved streets comprise the general layout,
or where the use of curved sewers would permit substantial savings
in cost, or avoid very deep cuts, rock or obstructions of a serious
nature.
4.
Easements, which shall be in a form approved by the Municipal Engineer
and Attorney, shall be required for all sanitary sewer lines which
are not within a public right-of-way. Easements shall be a minimum
of twenty (20') feet wide for sanitary sewers up to fifteen (15')
feet deep; for sewers more than fifteen (15') feet deep, easements
shall be thirty (30') feet wide. (Depth of sewer shall be measured
from the design invert of the pipe to the surface of the proposed
final grading.)
5.
Minimum Slope.
(a)
All sewers shall be designed to meet NJDEP slope standards as
shown in Exhibit 9-13 of this chapter.
(b)
All sewers shall be designed to flow with a minimum velocity
of two (2') feet per second and a maximum velocity of ten (10') feet
per second at full flow based on Manning's formula with n = 0.013.
When PVC pipe is used, an n factor of 0.010 may be used. Inverted
siphons shall be designed for minimum velocity of six (6') feet per
second.
6.
Pipe Materials.
(a)
The applicant shall submit details of the planned pipes, joints,
fittings, etc. for approval. All materials used for sanitary sewer
systems shall be manufactured in the United States, wherever available,
as governed by Chapter 107, Laws 1982 of the State of New Jersey,
effective date October 3, 1982. Specifications referred to below,
such as ASA, ASTM, AWWA, etc., shall be the latest revision.
(b)
Materials used in the construction of sewers, force mains, and
outfalls shall be as follows: Gravity sewers shall be constructed
of reinforced concrete, ductile iron, or polyvinyl chloride (PVC).
Reinforced concrete pipe shall be used only in sizes twenty-four (24")
inches and larger. The type of pipe selected shall be suitable for
any manual design or installation conditions. Other pipe types may
be required if compatibility with the existing system is an important
consideration. The applicant shall obtain the engineer's approval
of the type of pipe to be used.
(c)
Inverted siphons, force mains, and outfalls shall be constructed
of ductile iron pipe or PVC unless otherwise permitted by the municipality.
Inverted siphons shall consist of two pipes with provisions for flushing.
Flow control gates shall be provided in the chambers.
(d)
Any sewer within one hundred (100') feet of a water supply well
or a below-grade reservoir shall be of steel, reinforced concrete,
cast iron, or other suitable material; shall be properly protected
by completely watertight construction; and shall be tested for water-tightness
after installation.
(e)
Reinforced concrete pipe shall meet all the requirements of
ASTM Specification C-76. All pipe should be Class IV strength except
where stronger pipe is required.
(1)
For depths less than three (3') feet, measured from the top
of the pipe, installed under traffic areas, Marston Class V pipe shall
be required.
(2)
The trench depths shown in Exhibit 9-14 of this chapter shall
be maximum for the pipe classes noted, installed when site conditions
allow with Class C, Ordinary Bedding.
(3)
The existence of clay soils and other unusual loading conditions
should be given special consideration.
(4)
All concrete sewer pipes will utilize rubber O-ring joints suitable
for sewer service and conforming to ASTM C-443 and ASTM C-361.
(f)
Polyvinyl chloride sewer pipe (PVC) shall have bell and spigot
ends and O-ring rubber gasketed joints. PVC pipe and fittings shall
conform to ASTM D-3034, with a minimum wall thickness designation
of SDR 35. Thicker walls will be provided if directed by the Engineer.
(1)
The plastic material from which the pipe and fittings are extruded
shall be impact types of PVC, unplasticized, having high mechanical
strength and maximum chemical resistance con-forming to Type I, Grade
1, of the specification for rigid polyvinyl chloride compounds, ASTM
D-1784.
(2)
Pipe shall be free from defects, bubbles, and other imperfections
in accordance with accepted commercial practice. The adequacy of the
pipe shall be demonstrated, if required, by a test at the manufacturing
plant in accordance with ASTM D-2444 for impact and ASTM C-2412 for
Deflection and Pipe Stiffness, latest revisions.
(3)
Joints shall conform to ASTM D-3212. Rubber ring gaskets shall
conform to ASTM F-477. The gasket shall be the sole element depended
upon to make the joint watertight.
(4)
The pipe shall be installed as specified in ASTM D-2321, latest
revision. In no case shall less than a Class III material be used
for bedding and haunching material unless approved in writing by the
engineer. Particular attention shall be given to the special requirements
for installing pipe in unstable soil or excessive ground water. Any
additional cost for materials used under these trench conditions shall
be borne by the applicant.
(5)
Plastic riser pipe for cleanouts shall be polyvinyl chloride
sewer pipe (PVC) as above specified. All joints shall have flexible
elastomeric seals.
(g)
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to AWWA C151. The joint shall be of a type that employs a single
elongated grooved gasket to effect the joint seal, such as United
States Cast Iron Pipe Company's Tyton Joint, James B. Clow and Sons,
Inc., "Bell-Tite," or approved equal. Pipe should be furnished with
flanges where connections to flange fittings are required. Pipe shall
be Class 52 (minimum). The outside of the pipe shall be coated with
a uniform thickness of hot applied coal-tar coating and the inside
lined with cement in accordance with AWWA C104. Ductile iron pipe
shall be installed with Class C, Ordinary Bedding, when site conditions
allow.
7.
Pipe Bedding.
(a)
Pipe bedding shall be provided as specified in "Design and Construction
of Sanitary and Storm Sewers," ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by A Joint Committee of the American Society
of Civil Engineers and the Water Pollution Control Federation, New
York, 1969.
8.
Manholes.
(a)
Manholes shall be provided at ends of sewer lines, at intersections,
and at changes of grade or alignment.
(b)
Spacing intervals between manholes shall not exceed four hundred
(400') feet for eighteen (18") inch pipe or less or five hundred (500')
feet for larger pipe sizes.
(c)
Where sewers enter manholes and the difference in crown elevation
between the incoming and outgoing pipes is equal to or greater than
two (2') feet, exterior drop pipes shall be provided.
(d)
Manholes can be precast concrete or concrete block coated with
two coats of portland cement mortar and a seal coating of an acceptable
waterproofing tar, asphalt or polyplastic alloy, with enough time
allowed for proper bond between seal coats. All manholes shall be
set on twelve (12") inch thick Class I stone bedding.
(e)
If precast manhole barrels and cones are used, they shall conform
to ASTM specification C-478, with round rubber gasketed joints, conforming
to ASTM specification C-923. Maximum absorption shall be 9% in accordance
with ASTM specification C-478, method A. The entire outside surface
of the manhole shall be coated with a bituminous waterproofing material
acceptable to the Municipal Engineer. Cracked manholes shall not be
used. The top riser section of precast manholes shall terminate less
than one (1') foot below the finished grade to provide for proper
adjustment.
(f)
Manhole frames and covers shall be of cast iron conforming to
specification ASTM A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in unpaved rights-of-way or in remote
areas shall be provided with a locking device. In order to allow the
municipality to plan better for system management, the name of the
municipality, and the word "SEWER" shall be cast integrally in the
cover. Manhole frames and grates shall be Campbell Foundry Pattern
No. 1203B or approved equal.
(g)
Watertight and low-profile frames and covers shall be utilized
where applicable and should conform to the applicable ASTM specifications.
(h)
Manholes shall be supplied with suitable adapters (inserts or
gaskets) for the various pipe materials used.
9.
Laterals/Cleanouts.
(a)
The house connection or lateral from the street main to the
cleanout shall be considered an integral part of the sanitary sewer
system. The type of material used for the house connection shall be
the material used for the main line sewer construction and may be
as follows:
4" Cast Iron Soil Pipe, Extra Heavy
4" PVC Plastic Pipe, Schedule 40
(b)
Unless connection is made to an existing sewer main utilizing
a saddle, wye connections shall be the same as the material used at
the junction of the house connection and the sewer main.
(c)
Bends in house connection lines shall be made using standard
fittings. A riser with a cleanout at grade shall be used at the point
terminating municipal jurisdiction. This inspection cleanout or observation
tee shall be fitted with a metallic cap (brass) placed two (2') feet
from the outside face of the curb between the curb and sidewalk if
installed. If curbs are not required, the cleanout shall be placed
one (1') foot beyond the property line in the municipal right-of-way.
(d)
Connections beyond the cleanout are under the jurisdiction of
the Borough through the Sanitary Sewer Department, the Construction
Official and/or the Plumbing Subcode Official and the pipe size and
specifications shall meet their regulations and requirements.
|
EXHIBIT 9-13
MINIMUM SLOPES FOR SEWER SIZE BY PIPE DIAMETER
| |
|---|---|
|
Pipe Diameter
|
Fall in Feet per 100 Feet of Sewer
|
|
8"
|
0.3
|
|
10"
|
0.2
|
|
12"
|
0.15
|
|
14"
|
0.12
|
|
15"
|
0.10
|
|
16"
|
0.09
|
|
18"
|
0.075
|
|
20"
|
0.065
|
|
21"
|
0.06
|
|
24"
|
0.05
|
|
27"
|
0.042
|
|
30"
|
0.035
|
|
36"
|
0.028
|
|
EXHIBIT 9-14
MAXIMUM TRENCH DEPTH: PIPE CLASS REQUIREMENTS FOR REINFORCED
CONCRETE PIPE
| |||
|---|---|---|---|
|
Pipe Diameter
(inches)
|
Maximum Widths of Trench at Top of Pipe
|
Depth - Feet Pipe Class
| |
|
IV
|
V
| ||
|
12" and smaller
|
3' - 0"
|
6.5
|
18.0
|
|
15"
|
3' - 8"
|
6.0
|
14.0
|
|
18"
|
4' - 0"
|
7.0
|
16.0
|
|
21"
|
4' - 3"
|
8.5
|
17.5
|
|
24"
|
4' - 6"
|
9.0
|
20.0
|
|
30"
|
5' - 0"
|
10.5
|
22.5
|
|
36"
|
5' - 8"
|
11.0
|
22.0
|
f.
Stormwater Management: System Demand Strategy, and Design.
1.
Stormwater Management; System Demand. Stormwater management systems shall comply with the specifications set forth in this chapter as well as the provisions in Chapter 16, Environmental Protection, Section 16-2 Stormwater Management and Control. In the case of conflicting regulations, the requirement of Chapter 16, Environmental Protection, Section 16-2, Stormwater Management and Control shall govern.
(a)
Watershed storm water management requires the determination
of two runoff parameters: runoff peak rates of discharge and runoff
volume. Both parameters shall be used in the comparison of pre-development
and post development conditions.
(b)
Peak rate of discharge calculations shall be used to determine
the configurations and sizes of pipes, channels, and other routing
or flow control structures. Runoff volume calculations shall be used
to determine the necessity for, and sizing of, detention and retention
facilities.
(c)
Runoff Peak Rate of Discharge Calculation. The peak rate of
runoff for areas of up to 1/2 of a square mile shall be calculated
by the Rational Method or derivatives. The equation for the Rational
Method is:
Qp = CIA
Where
Qp = the peak runoff rate in cubic feet
per second (CFS)
C = the runoff coefficient
I = the average rainfall intensity in inches per hour (in./hr.),
occurring at the time of concentration tc (minutes)
tc = the time of concentration in minutes
(min.)
A = the size of the drainage area
(1)
Typical C values for storms of five to 10 years between periods
are provided in Exhibit 9-15 of this paragraph. Runoff coefficients
in the following sources may also be used: U.S. Department of Commerce,
Bureau of Public Roads, May 1965, "Design of Roadside Channels - Hydraulic
Design Series No. 4" as supplemented or amended; and Department of
Transportation, Federal Aviation Administration, July 1970, AC150/5320-5B,
"Airport Drainage," as supplemented or amended.
(2)
The time of concentration (tc) shall
be estimated from Exhibit 9-16 of this paragraph. The analysis shall
also consider the procedure outlined in Section 3.12(c) for Technical
Release (TR) No. 55, "Urban Hydrology for Small Watersheds," U.S.
Department of Agriculture, Soil Conservation Series, as supplemented
and amended (S.C.S. method).
(3)
Rainfall intensity as a function of duration and storm recurrence
frequency shall be based upon geographically appropriate data as depicted
in the plates in Technical Paper No. 25, "Rainfall Intensity Duration
- Frequency Curves," U.S. Department of Commerce, Weather Bureau,
as supplemented and amended. Rainfall intensity values may also be
estimated from Exhibit 9-17 of this chapter. Intensity curves may
be based on local rainfall frequency data, where available. In all
instances, a minimum time of concentration of five minutes should
be used. For storm sewer design, use the following:
(4)
The size of the drainage area shall include on-site and off-site
lands contributing to the design point.
(5)
Computer software adaptations of the Rational Method calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
(6)
The peak rate of runoff for areas greater than 1/2 square mile
shall be calculated by the hydrograph analysis method as outlined
in TR No. 55 (S.C.S. method), as supplemented and amended.
(d)
Runoff Volume Calculation.
(1)
Runoff volume shall be calculated by the hydrograph analysis
method as outlined in TR No. 55 (S.C.S. method). This method shall
be used for watersheds with drainage areas of less than five square
miles. For drainage areas of less than 20 acres, the Universal Rational
Method hydrograph approximation may be used as an alternative.
(2)
Runoff volume for drainage areas of greater than five square
miles shall be calculated by Special Report No. 38, "Magnitude and
Frequency of Floods in New Jersey with Effects of Urbanization," State
of New Jersey, Department of Environmental Protection, Division of
Water Resources (Stankowski Method).
(3)
Computer software adaptions of these runoff value calculations
are acceptable provided that their data and graphic printout allow
review and evaluation.
2.
Stormwater Management; System Strategy.
(a)
A system emphasizing a natural as opposed to an engineered drainage
strategy shall be encouraged.
(b)
The applicability of a natural approach depends on such factors
as site storage capacity, open channel hydraulic capacity, and maintenance
needs and resources.
(c)
Hydraulic capacity for open channel or closed conduit flow shall
be determined by the Manning Equation, or charts/nomographs based
on the Manning Equation. The hydraulic capacity is termed Q and is
expressed as discharge in cubic feet per second. The Manning Equation
is as follows:
|
Q
|
=
|
1.486 AR2/3 S1/2/n where
|
|
n
|
=
|
Manning's roughness coefficient
|
|
A
|
=
|
Cross-sectional area of flow in square feet
|
|
R
|
=
|
Hydraulic radius in feet (R = A/P, where P is equal to the Wetted
Perimeter)
|
|
S
|
=
|
Slope of conduit in feet per foot
|
The Manning roughness coefficient to be utilized are
shown in Exhibit 9-18 of this chapter.
(d)
Velocities in open channels at design flow shall not be less
than five-tenths (5/10') foot per second and not greater than that
velocity which will begin to cause erosion or scouring of the channel.
Permissible velocities for swales, open channels and ditches are shown
in Exhibit 9-17 of this chapter.
(e)
Velocities in closed conduits at design flow shall be at least
two (2') feet per second but not more than the velocity which will
cause erosion damage to the conduit.
3.
Stormwater Management; System Design—Pipe Capacity, Materials
and Placement.
(a)
Pipe size shall be dictated by design runoff and hydraulic capacity.
(b)
Hydraulic capacity shall be determined by the Manning Equation,
except where appropriate capacity shall be based on tailwater analysis
and one year high tide.
(c)
In general, no pipe size in the storm drain-age system shall
be less than fifteen (15") inch diameter. A twelve (12") inch diameter
pipe will be permitted as a cross-drain to a single inlet.
(d)
All discharge pipes shall terminate with a precast concrete
or corrugated metal end section or a cast-in-place concrete headwall
with or without wing walls as conditions require. In normal circumstances,
a cast-in-place concrete headwall is preferred. Use of other types
shall be justified by the designer and approved by the Engineer.
(e)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, polyvinyl chloride
(PVC), or high density polyethylene (HDPE). In normal circumstances,
reinforced concrete pipe is preferred. Use of other types shall be
justified by the designer and approved by the Engineer. Specifications
referred to, such as ASA, ASTM, AWWA, etc., should be the latest revision.
(1)
Reinforced Concrete Pipe:
(i)
Circular reinforced concrete pipe and fittings shall meet the
requirements of ASTM C-76.
(ii)
Elliptical reinforced concrete pipe shall meet
the requirements of ASTM C-507.
(iii)
Joint design and joint material for circular
pipe shall conform to ASTM C-443.
(iv)
Joints for elliptical pipe shall be bell and spigot
or tongue and groove sealed with butyl, rubber tape, or external sealing
bands conforming to ASTM C-877.
(v)
All pipe shall be Class III unless a stronger pipe (i.e., higher
class) is indicated to be necessary.
(vi)
The minimum depth of cover over the concrete pipe
shall be as designated by the American Concrete Pipe Association,
as follows:
|
Pipe Diameter
(inches)
|
ASTM Class Pipe
|
Minimum Cover
(surface to top of pipe)
|
Pipe Diameter
(inches)
|
ASTM Class Pipe
|
Minimum Cover (surface to top of pipe)
|
|---|---|---|---|---|---|
|
12"
|
III
IV
V
|
17"
12"
7"
|
24"
|
III
IV
V
|
15"
6"
6"
|
|
15"
|
III
IV
V
|
16"
11"
7"
|
30"
|
III
IV
V
|
10"
6"
6"
|
|
18"
|
III
IV
V
|
16"
10"
6"
|
36"and above
|
III
IV
|
6"
6"
|
(2)
Ductile iron pipe shall be centrifugally cast in metal or sand-lined
molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform
to AWWA C111. Pipe shall be furnished with flanges where connections
to flange fittings are required. Pipe should be Class 50 (minimum).
The outside of the pipe should be coated with a uniform thickness
of hot applied coal-tar coating and the inside lined cement in accordance
with AWWA C104. Ductile iron pipe shall be installed with Class C,
Ordinary Bedding.
(3)
Polyvinyl Chloride (PVC) Pipe may be utilized within the public right-of-way
when conditions permit with prior approval from the Borough Engineer.
PVC Pipe shall comply with material and installation requirements
of "Standard Specifications of N.J.D.O.T. Road and Bridge Construction"
latest edition.
(4)
High Density Polyethylene (HDPE) Pipe may be utilized within
the public right-of way when conditions permit with prior approval
from the Borough Engineer. HDPE Pipe shall comply with material and
installation requirements of "Standard Specifications of N.J.D.O.T.
Road and Bridge Construction" latest edition.
(f)
Pipe bedding shall be provided as specified in "Design and Construction
of Sanitary and Storm Sewers," ASCE Manuals and Reports on Engineering
Practice No. 37, prepared by A Joint Committee of the Society of Civil
Engineers and the Water Pollution Control Federation, New York, 1969.
(g)
Maintenance easements shall be provided around storm water facilities
where such facilities are located outside of the public right-of-way.
The size of the easement shall be dictated by working needs.
4.
Stormwater Management; System Design—Inlets, Catch Basins and
Manholes.
(a)
Inlets, catch basins and manholes shall be designed in accordance
with New Jersey Department of Transportation Standard Plans and Specifications.
Frame and grates shall be one of the following Campbell Foundry Company
Patterns or equal, as approved by the engineer.
|
Inlet Type
|
Inlet Size
(Interior)
|
Campbell Foundry No.
(or Approved Equal)
|
|---|---|---|
|
"A"
|
24" x 42"
|
3405
|
|
"B"
|
48" x 42"
|
2618
|
|
"D"
|
24" x 42"
|
2617
|
|
"E"
|
48" x 42"
|
3425
|
Drainage inlets shall have Type "J-ECO" heads with bicycle
safe grates.
(b)
Inlet spacing shall be designed to limit gutter flow width to
six (6') feet but shall not be more than four hundred (400') feet.
(c)
Manhole spacing shall be increased with pipe size.
|
Pipe Size
|
Manhole Spacing
|
|---|---|
|
15" or less
|
500'
|
|
18" - 36"
|
600'
|
|
42" - 60"
|
700'
|
|
60"+
|
700'+
|
(d)
Manholes shall be precast concrete, brick or concrete block
coated with two coats of portland cement mortar.
(e)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C-473 with round rubber gaskets joints, conforming
to ASTM Specification C-923. Maximum absorption shall be 8% in accordance
with ASTM Specification C-478, Method A.
(f)
If precast manholes are utilized, the top riser section shall
terminate less than one (1') foot below the finished grade and the
manhole cover shall be flush with the finished grade.
(g)
Manhole frames and covers shall be of cast iron conforming to
ASTM Specification A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in rights-of-way or in remote areas shall
be provided with a locking device. The letters "Year 20_____" and
the words "RUMSON STORM SEWER" shall be cast integrally in the cover.
5.
Stormwater Management; System Design—Detention Facilities.
(a)
Development shall use the best available technology to accommodate
storm water management by natural drainage strategies as indicated
in this article.
(b)
Non-structural management practices, such as open space acquisition,
stream encroachment and flood hazard controls shall be coordinated
with detention requirements. Changes in land use can often reduce
the scope and cost of detention provisions required by means of appropriate
change in runoff coefficients.
(c)
Detention and all other storm water management facilities shall
conform to the standards under the New Jersey Stormwater Management
Act, N.J.S.A. 40:55D-1 et seq.
(d)
Where detention facilities are deemed necessary, they shall
accommodate site runoff generated from two year, 10 year, and 100
year storms considered individually, unless the detention basin is
classified as a dam, in which case the facility must also comply with
the Dam Safety Standards, N.J.A.C. 7:20. These design storms shall
be defined as either a 24 hour storm using the rainfall distribution
recommended by the U.S. Soil Conservation Service when using Soil
Conservation Service procedures (such as U.S. Soil Conservation Service,
"Urban Hydrology for Small Watersheds," Technical Release No. 55)
or as the estimated maximum rainfall for the estimated time of concentration
of runoff at the site when using a design method such as the Rational
Method. Runoff greater than that occurring from the 100 year, 24 hour
storm will be passed over an emergency spillway. Detention will be
provided such that after development the peak rate of flow from the
site will not exceed the corresponding flow which would have been
created by similar storms prior to development. For purposes of computing
runoff, lands in the site shall be assumed, prior to development,
to be in good condition (if the lands are pastures, lawns or parks),
with good cover (if the lands are woods), or with conservation treatment
(if the land is cultivated), regardless of conditions existing at
the time of computation.
(e)
In calculating the site runoff to be accommodated by a detention
facility, the method to be used is a tabular hydrograph method as
presented in TR No. 55 (S.C.S. method) as supplemented and amended.
(f)
Detention facilities shall be located as far horizontally from
surface water and as far vertically from groundwater as is practicable.
(g)
Detention facilities shall not intercept the post-development
groundwater table, where practicable.
(h)
The following list of general structural criteria shall be used
to design storm water detention basins. Due to the uniqueness of each
storm water detention basin and the variability of soil and other
site conditions, these criteria may be modified or appended at the
discretion of the Municipal Engineer if reasons for the variance are
indicated in writing.
6.
Detention Components; Principal Outlets (Quantity Control).
(a)
To minimize the chance of clogging and to facilitate cleaning,
outlet pipes shall be at least six (6") inches in diameter. Similarly,
riser pipes, if utilized, shall be at least eight (8") inches in diameter.
All pipe joints are to be watertight, reinforced concrete pipe. In
addition, trash racks and/or anti-vortex devices shall be required
where necessary.
(b)
Eight (8") inch thick anti-seep collars are to be installed
along outlet pipes. Reinforcement steel shall be No. 5 bars at twelve
(12") inches both ways with two (2") inches of cover on both faces
(minimum).
(c)
Where necessary, a concrete cradle shall be provided for outlet
pipes.
(d)
All principal outlet structures shall be concrete block or reinforced
concrete. All construction joints are to be watertight.
(e)
Suitable lining shall be placed upstream and downstream of principal
outlets as necessary to prevent scour and erosion. Such lining shall
conform to the criteria contained in Hydraulic Engineering Circular
No. 15 -- Design of Stable Channels with Flexible Linings published
by the Federal Highway Administration of the U.S. Department of Transportation
or Standards for Soil Erosion and Sediment Control in New Jersey published
by the N.J. State Soil Conservation Committee.
7.
Detention Components; Principal Outlets (Quality Control).
(a)
Based upon the requirement limiting the size of the outlet to
a minimum of six (6") inches in diameter, water quality control shall
be maintained by providing an amount of storage equal to the total
amount of runoff which will be produced by the one-year frequency
SCS Type III 24 hour storm, or a one and twenty-five hundredths (1.25")
inch, two hour rainfall at the bottom of the proposed detention basin
along with a minimum three (3") inch diameter outlet.
(b)
The invert(s) of the principal outlet(s) used to control the
larger storms for flood control purposes would then be located at
the resultant water surface elevation required to produce this storage
volume. Therefore, the principal outlets would only be utilized for
storms in excess of one and twenty-five hundredths (1.25") inch, two
hour event which, in turn, would be completely controlled by the lower,
three (3") inch outlet. If the above requirements would result in
a pipe smaller than three (3") inches in diameter, the period of retention
shall be waived so that three (3") inches will be the minimum pipe
size used. It should be remembered that, in all cases, the basin should
be considered initially empty (i.e., the storage provided for the
quality requirements and the discharge capacity of its outlet should
be utilized during the routing of the larger flood control storms).
8.
Detention Components; Emergency Spillways.
(a)
Vegetated emergency spillways shall have side slopes not exceeding
three horizontal to one vertical.
(b)
Emergency spillways not excavated from non-compacted soil, shall
be suitably lined and shall comply with criteria contained in Hydraulic
Circular No. 15 or Standards for Soil Erosion and Sediment Control.
(c)
Maximum velocities in emergency spillways shall be checked based
on the velocity of the peak flow in the spillway resulting from the
routed Emergency Spillway Hydrograph. Where maximum velocities exceed
those contained in Exhibit 9-19 of this chapter, suitable lining shall
be provided.
9.
Detention Components; Dams and Embankments.
(a)
The minimum top widths of all dams and embankments are listed
below. These values have been adopted from the Standards for Soil
Erosion and Sediment Control in New Jersey published by the New Jersey
State Soil Conservation Committee.
|
Minimum Top Widths
| |
|---|---|
|
Height (Feet)
|
Top Width (Feet)
|
|
0—15
|
10
|
|
15—20
|
12
|
|
20—35
|
14
|
(b)
The design top elevation of all dams and embankments after all
settlement has taken place, shall be equal to or greater than the
maximum water surface elevation in the basin resulting from the routed
Freeboard Hydrograph. Therefore, the design height of the dam or embankment,
defined as the vertical distance from the top down to the bottom of
the deepest cut, shall be increased by the amount needed to insure
that the design top elevation will be maintained following all settlement.
This increase shall not be less than 5%. Where necessary, the Engineer
shall require consolidation tests of the undisturbed foundation soil
to more accurately determine the necessary increase.
(c)
Maximum side slopes for all dams and embankments are three horizontal
to one vertical.
(d)
All earth fill shall be free from brush, roots, and other organic
material subject to decomposition.
(e)
Cutoff trenches are to be excavated along the dam or embankment
center line to impervious subsoil or bedrock.
(f)
Safety ledges shall be constructed on the side slopes of all
detention basins having a permanent pool of water. The ledges shall
be four (4') feet to six (6') feet in width and located approximately
two and one-half (2 1/2') feet to three (3') feet below and one
and one-half (1 1/2') feet above the permanent water surface.
(g)
The fill material in all earth dams and embankments shall be
compacted to at least 95% of the maximum density obtained from compaction
tests performed by the appropriate method in ASTM D698.
10.
Detention Facilities in Flood Hazard Areas.
(a)
There will be no detention basins in the floodway except for
those on-stream.
(b)
Whenever practicable, developments and their storm water detention
facilities should be beyond the extent of the flood hazard area of
a stream. When that is not feasible and detention facilities are proposed
to be located partially or wholly within the flood hazard area (as
defined by the New Jersey Division of Water Resources), or other areas
which are frequently flooded, some storm conditions will make the
facility ineffective at providing retention of site runoff. This will
happen if the stream is already overflowing its banks and the detention
basin, causing the basin to be filled prior to the time it is needed.
In such cases, the standards established in these regulations will
be modified in order to give only partial credit to detention capabilities
located within a flood hazard area. The credit will vary in a ratio
intended to reflect the probability that storage in a detention basin
will be available at the time a storm occurs at the site.
(c)
In addition, detention development must be in compliance with
all applicable regulations under the Flood Hazard Area Control Act,
N.J.S.A. 58:15A-50 et seq.
(d)
Detention storage provided below the elevation of the edge of
the flood hazard area will be credited as effective storage at a reduced
proportion as indicated in the table below:
|
Size of Storage Area*
| |||
|---|---|---|---|
|
Less than Elevation
|
15 square miles
|
Greater than 15-100 square miles
|
100 square miles
|
|
Less than 2' below
|
40%
|
65%
|
90%
|
|
Between 2' and 4' below
|
25%
|
50%
|
75%
|
|
Over 4' below
|
10%
|
25%
|
50%
|
|
*Area contributing floodwaters to the flood hazard area at the
site in question. This effective detention storage will be required
to provide for drainage of the developed land in accordance with the
criteria already established in these regulations. However, the gross
storage considered for crediting will not exceed that which would
be filled by runoff of a 100 year storm from the site.
|
(e)
As an alternative to the approach outlined in paragraph f, 10(a)
above, if the developer can demonstrate that the detention provided
would be effective, during runoff from the 100 year, 24 hour Type
II storm, peaking simultaneously at the site and on the flood hazard
area, the developer's plan will be accepted as complying with the
provisions of paragraph f, 10(a) above.
(f)
In making computations under paragraphs f, 10(a) or f, 10(e)
above, the volume of net fill added to the flood hazard area portion
of the project's site will be subtracted from the capacity of effective
detention storage provided. Net fill is defined as the total amount
of fill created by the project less the amount of material excavated
during the construction of the project, both measured below the excavation
of the 100 year flood but above the elevation of low water in the
stream.
(g)
Where detention basins are proposed to be located in areas which
are frequently flooded but have not been mapped as flood hazard areas,
the provisions of either paragraphs f, 10(a) or f, 10(e) will be applied
substituting the elevation of a computed 100 year flood for the elevation
of the flood hazard area in paragraph f, 10(a) above.
11.
Detention Facilities; Maintenance and Repair.
(a)
Responsibility for operation and maintenance of detention facilities,
including periodic removal and disposal of accumulated particulate
material and debris, shall remain with the owner or owners of the
property with permanent arrangements that it shall pass to any successive
owner, unless assumed by a governmental agency. If portions of the
land are to be sold, legally binding arrangements shall be made to
pass the basic responsibility to successors in title. These arrangements
shall designate for each project the property owner, governmental
agency, or other legally established entity to be permanently responsible
for maintenance, hereinafter in this section referred to as the responsible
person.
(b)
Prior to granting approval to any project subject to review
under this chapter, the applicant shall enter into an agreement with
the municipality (or County) to ensure the continued operation and
maintenance of the detention facility. This agreement shall be in
a form satisfactory to the Municipal Attorney, and may include, but
may not necessarily be limited to, personal guarantees, deed restrictions,
covenants, and bonds. In cases where property is subdivided and sold
separately, a homeowners association or similar permanent entity should
be established as the responsible entity, absent an agreement by a
governmental agency to assume responsibility.
(c)
In the event that the detention facility becomes a danger to
public safety or public health, or if it is in need of maintenance,
the municipality shall so notify in writing the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Municipal Engineer or his designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may immediately proceed to do so and shall bill the cost thereof to
the responsible person.
12.
Stormwater Management; System Design—Protecting Water Quality.
(a)
In addition to addressing water quantity generated by development,
a stormwater management system shall also enhance the water quality
of stormwater runoff.
(b)
In order to enhance the water quality of stormwater runoff,
stormwater management shall provide for the control of a water quality
design storm. The water quality design storm shall be defined as the
one year frequency SCS Type III 24 hour storm or a one and twenty-five
hundredths (1.25") inch two hour rainfall.
(c)
The water quality design storm shall be controlled by best management
practices. These include but are not limited to the following:
(1)
In "dry" detention basins, provisions shall be made to ensure
that the runoff from the water quality design storm is retained such
that not more than 90% will be evacuated prior to 36 hours for all
nonresidential projects or 18 hours for all residential projects.
The retention time shall be considered a brim-drawdown time, and therefore
shall begin at the time of peak storage. The retention time shall
be reduced in any case which would require an outlet size diameter
of three (3") inches or less. Therefore, three (3") inch diameter
orifices shall be the minimum allowed.
(2)
In permanent ponds or "wet" basins, the water quality requirements
of this chapter shall be satisfied where the volume of permanent water
is at least three times the volume of runoff produced by the water
quality design storm.
(3)
Infiltration practices such as dry wells, infiltration basins,
infiltration trenches, buffer strips, etc., are encouraged as supplements
to a positive outlet system. They may not be used alone unless there
is no feasible alternative and, if used they must produce zero runoff
from the water quality design storm and allow for complete infiltration
within 72 hours. The normally required storage volume must be doubled.
(4)
Other suitable best management practices, contained in "New
Jersey Stormwater Quantity/Quality Management Manual (State of New
Jersey, Department of Environmental Protection, February 1981)" shall
be consulted.
|
EXHIBIT 9-15
RUNOFF COEFFICIENTS AMC II
| |||||
|---|---|---|---|---|---|
|
Hydro. Soil Group
| |||||
|
Land Use Description
|
A
|
B
|
C
|
D
| |
|
Cultivated land:
| |||||
|
without conservation treatment
|
.49
|
.67
|
.81
|
.88
| |
|
with conservation treatment
|
.27
|
.43
|
.61
|
.67
| |
|
Pasture or range land:
| |||||
|
poor condition
|
.38
|
.63
|
.78
|
.84
| |
|
good condition
|
—
|
.25
|
.51
|
.65
| |
|
Meadow: Good condition
|
—
|
—
|
.44
|
.61
| |
|
Wood or forest land:
| |||||
|
thin stand, poor cover, no mulch
|
—
|
—
|
.59
|
.79
| |
|
good cover
|
—
|
—
|
.45
|
.59
| |
|
Open spaces, lawns, parks, golf courses, cemeteries:
| |||||
|
good condition: grass cover on 75% or more of the
area
|
—
|
.25
|
.51
|
.65
| |
|
fair condition: grass cover on 50% to 75% of the
area
|
—
|
.45
|
.63
|
.74
| |
|
Commercial and business areas (85% impervious)
|
.84
|
.90
|
.93
|
.96
| |
|
Industrial districts (72% impervious)
|
.67
|
.81
|
.88
|
.92
| |
|
Residential:
| |||||
|
Average lot size —
1/8 acre or less
1/4 acre
1/3 acre
1/2 acre
1 acre
|
Average % Impervious
65
38
30
25
20
|
.59
.25
—
—
—
|
.76
.55
.49
.45
.41
|
.86
.70
.67
.65
.63
|
.90
.80
.78
.76
.74
|
|
Paved parking lots, roofs, driveways, etc.
|
.99
|
.99
|
.99
|
.99
| |
|
Streets and roads:
| |||||
|
paved with curbs and storm sewers
|
.99
|
.99
|
.99
|
.99
| |
|
gravel
|
.57
|
.76
|
.84
|
.88
| |
|
dirt
|
.49
|
.69
|
.80
|
.84
| |
|
Source: New Jersey Department of Environmental Protection, Technical
Manual for Stream Encroachment (Trenton, New Jersey: Department of
Environmental Protection, 1995), p. 12.
| |||||
 |
 |
|
EXHIBIT 9-18
MANNING'S ROUGHNESS COEFFICIENTS
|
|
EXHIBIT 9-18
MANNING'S ROUGHNESS COEFFICIENTS
| |||
|---|---|---|---|
|
CLOSED CONDUITS
|
SMOOTH
|
NORMAL
|
ROUGH
|
|
CAST IRON
| |||
|
Coated
|
0.010
|
0.013
|
0.014
|
|
Uncoated
|
0.011
|
0.014
|
0.016
|
|
CLAY
| |||
|
Vitrified sewer
|
0.011
|
0.014
|
0.017
|
|
Vitrified sewer with manholes
|
0.013
|
0.015
|
0.017
|
|
Common drainage tile
|
0.011
|
0.013
|
0.017
|
|
CONCRETE
| |||
|
Culvert straight & free of debris
|
0.010
|
0.011
|
0.013
|
|
Culvert with bends, connections
|
0.011
|
0.013
|
0.014
|
|
Finished
|
0.011
|
0.012
|
0.014
|
|
Sewer with manhole inlets
|
0.013
|
0.015
|
0.017
|
|
Unfinished steel form
|
0.012
|
0.013
|
0.014
|
|
Unfinished smooth wood form
|
0.012
|
0.014
|
0.016
|
|
Unfinished rough wood form
|
0.015
|
0.017
|
0.020
|
|
METAL, CORRUGATED
| |||
|
Sub-drain
|
0.017
|
0.019
|
0.021
|
|
Storm drain
|
0.021
|
0.024
|
0.030
|
|
POLYVINYL CHLORIDE (PVC)
|
0.010
|
0.010
|
0.010
|
|
POLYETHYLENE (PE)
|
0.008
|
0.009
|
0.011
|
|
STEEL
| |||
|
Lockbar and welded
|
0.010
|
0.012
|
0.014
|
|
Riveted and spiral
|
0.013
|
0.016
|
0.017
|
|
WROUGHT IRON
| |||
|
Black
|
0.012
|
0.014
|
0.015
|
|
Galvanized
|
0.013
|
0.016
|
0.017
|
|
EXHIBIT 9-18
MANNING'S ROUGHNESS COEFFICIENTS
| |||
|---|---|---|---|
|
LINED OR BUILT-UP CHANNELS
|
MINIMUM
|
NORMAL
|
MAXIMUM
|
|
ASPHALT
| |||
|
Smooth
|
0.013
|
0.013
| |
|
Rough
|
0.016
|
0.016
| |
|
BRICK
| |||
|
Glazed
|
0.011
|
0.013
|
0.015
|
|
In cement mortar
|
0.012
|
0.015
|
0.018
|
|
CEMENT
| |||
|
Neat surface
|
0.010
|
0.011
|
0.013
|
|
Mortar
|
0.011
|
0.013
|
0.015
|
|
CONCRETE
| |||
|
Trowel finish
|
0.011
|
0.013
|
0.015
|
|
Float finish
|
0.013
|
0.015
|
0.016
|
|
Finished with gravel on bottom
|
0.015
|
0.017
|
0.020
|
|
Unfinished
|
0.014
|
0.017
|
0.020
|
|
Gunite (good section)
|
0.016
|
0.019
|
0.023
|
|
Gunite (wavy section)
|
0.018
|
0.022
|
0.025
|
|
On good excavated rock
|
0.017
|
0.020
| |
|
On irregular excavated rock
|
0.022
|
0.027
| |
|
CONCRETE BOTTOM FLOAT FINISHED WITH SIDES OF
| |||
|
Dressed stone in mortar
|
0.015
|
0.017
|
0.020
|
|
Random stone in mortar
|
0.017
|
0.020
|
0.024
|
|
Cement rubble masonry, plastered
|
0.016
|
0.020
|
0.024
|
|
Cement rubble masonry
|
0.020
|
0.025
|
0.030
|
|
Dry rubble or riprap
|
0.020
|
0.030
|
0.035
|
|
DRESSED ASHLAR GRAVEL BOTTOM SIDES OF
|
0.013
|
0.015
|
0.017
|
|
Formed concrete
|
0.017
|
0.020
|
0.025
|
|
Random stone in mortar
|
0.020
|
0.023
|
0.026
|
|
Dry rubble or riprap
|
0.023
|
0.033
|
0.036
|
|
MASONRY
| |||
|
Cement rubble
|
0.017
|
0.025
|
0.030
|
|
Dry rubble
|
0.023
|
0.032
|
0.035
|
|
METAL, CORRUGATED
|
0.021
|
0.025
|
0.030
|
|
STEEL, SMOOTH SURFACE
| |||
|
Unpainted
|
0.011
|
0.012
|
0.014
|
|
Painted
|
0.012
|
0.013
|
0.017
|
|
WOOD
| |||
|
Planed, untreated
|
0.010
|
0.012
|
0.014
|
|
Planed, treated
|
0.011
|
0.012
|
0.015
|
|
Unplaned
|
0.011
|
0.013
|
0.015
|
|
Plank with battens
|
0.012
|
0.015
|
0.018
|
|
Lined with roofing
|
0.010
|
0.014
|
0.017
|
|
VEGETAL LINING
|
0.030
|
0.500
| |
|
EXHIBIT 9-18
MANNING'S ROUGHNESS COEFFICIENTS
| |||
|---|---|---|---|
|
EXCAVATED, DREDGED, OR NATURAL CHANNELS
|
MINIMUM
|
NORMAL
|
MAXIMUM
|
|
CHANNELS NOT MAINTAINED AND BRUSH UNCUT
| |||
|
Dense weeds, high flow depth
|
0.050
|
0.080
|
0.120
|
|
Clean bottom, brush on sides
|
0.040
|
0.050
|
0.080
|
|
Same, highest stage of flow
|
0.045
|
0.070
|
0.110
|
|
Dense brush, high stage
|
0.080
|
0.100
|
0.140
|
|
DRAG LINE — EXCAVATED OR DREDGED
| |||
|
No vegetation
|
0.025
|
0.028
|
0.033
|
|
Light brush or banks
|
0.035
|
0.050
|
0.060
|
|
EARTH, STRAIGHT AND UNIFORM
| |||
|
Clean, recently completed
|
0.016
|
0.018
|
0.020
|
|
Clean, after weathering
|
0.018
|
0.022
|
0.025
|
|
Gravel, uniform section, clean
|
0.022
|
0.025
|
0.030
|
|
Short grass, few weeds
|
0.022
|
0.027
|
0.033
|
|
EARTH, WINDING AND SLUGGISH
| |||
|
No vegetation
|
0.023
|
0.025
|
0.030
|
|
Grass, some weeds
|
0.025
|
0.030
|
0.033
|
|
Dense weeds or aquatic plants
|
0.030
|
0.035
|
0.040
|
|
Earth bottom and rubble sides
|
0.028
|
0.030
|
0.035
|
|
Stony bottom and weedy banks
|
0.025
|
0.035
|
0.040
|
|
Cobble bottoms and clean sides
|
0.030
|
0.040
|
0.050
|
|
ROCK CUTS
| |||
|
Smooth and uniform
|
0.025
|
0.035
|
0.040
|
|
Jagged and irregular
|
0.035
|
0.040
|
0.050
|
|
MINOR STREAMS (TOP WIDTH AT FLOOD STAGE <100 FT.)
| |||
|
a) Streams on plain
| |||
|
1. Clean, straight, full stage, no rifts or deep
pools
|
0.025
|
0.030
|
0.033
|
|
2. Same as above, but some stones and weeds
|
0.030
|
0.035
|
0.040
|
|
3. Clean, winding, some pool and shoals
|
0.033
|
0.040
|
0.045
|
|
4. Same as above, but some weeds and stones
|
0.035
|
0.045
|
0.050
|
|
5. Same as above, lower stages, more ineffective
slopes and sections
|
0.040
|
0.048
|
0.055
|
|
6. Same as 4, but more stones
|
0.045
|
0.050
|
0.060
|
|
7. Sluggish reaches, weedy, deep pools
|
0.050
|
0.070
|
0.080
|
|
8. Very weedy reaches, deep pools, or floodways
with heavy stand of timber and underbrush
|
0.075
|
0.100
|
0.150
|
|
b) Mountain streams, no vegetation in channel, banks usually
steep, trees and brush along banks submerged at high stages
| |||
|
1. Bottom: gravels, cobbles, and few boulders
|
0.030
|
0.040
|
0.050
|
|
2. Bottom: cobbles with large boulders
|
0.040
|
0.050
|
0.070
|
|
EXHIBIT 9-19
PERMISSIBLE VELOCITIES FOR EMERGENCY SPILLWAYS WITH UNIFORM
STANDS OF VARIOUS WELL-MAINTAINED GRASS COVERS
| |||
|---|---|---|---|
|
Permissible Velocities On:
| |||
|
Ground Cover
|
Slope Percent
|
Erosion-Resistant Soils (fps)
|
Easily Eroded Soils
(fps)
|
|
Kentucky bluegrass
|
5-10
|
6
|
4
|
|
Lawn grass mixture
|
0-5
|
5
|
4
|
|
5-10
|
4
|
3
| |
|
Weeping lovegrass
| |||
|
Alfalfa
|
0-5
|
3.5
|
2.5
|
|
Crabgrass
| |||
|
NOTES: fps = feet per second.
|
|---|
|
Designs are not limited to the ground covers shown above. Design
engineers may use reinforced grass technologies and other types of
ground cover in accordance with appropriate authoritative standards.
|
|
SOURCE; Soil Conservation Service, U.S. Department of Agriculture
(Washington, D.C.: Government Printing Office, 1959). Cited in Residential
Stormwater Management: Objectives, Principles, and Design Considerations,
ULI-ASCE-NAHB, Urban Land Institute (Washington, D.C.: 1975).
|
[Ord. No. 08-015D, § 1]
Improvement guarantees shall be provided prior to the recording
of final subdivision plats or as a condition of final site plan approval
to ensure the municipality of the proper installation and maintenance
of on-site and on-tract improvements.
a.
Performance Guarantees.
1.
Before the signing and recording of final sub-division plats the
applicant shall have installed under the inspection of the Borough
Engineer, all improvements required unless the applicant has posted
and the Governing Body accepted, a performance guarantee providing
for such installation. The amount of the guarantee shall be determined
by the Borough Engineer, not to exceed 120% of the estimated cost
of constructing the improvement including: streets, curbs, grading,
pavement, gutters, sidewalks, street lighting, shade trees, surveyors
monuments, water mains, culverts, storm sewers, sanitary sewers, drainage
structures, soil erosion and sediment control devices, public improvements
of open space and, in the case of site plans only, other on-site improvements
and landscaping.
2.
Performance guarantees shall be submitted in the following form:
(a)
A minimum of 10% of the performance guarantee must be posted
in cash.
(b)
The remaining 90% of the performance guarantee amount may be
posted in cash, certified check, irrevocable standby letter of credit
or surety bond in the favor of the Borough.
(c)
All guarantees shall provide for construction of the required
improvements within two years of the date of their posting or such
other time as determined by the Municipal Agency. This time period
may be ex-tended by the governing body, in the form of a resolution
granting such extension provided the Municipal Agency has, if necessary,
extended the period of protection pursuant to N.J.S.A. 40:55-D-52a.
As a condition of this extension the guarantee amount may be adjusted
to 120% of the estimated cost to construct the improvements at that
time and additional inspection fees deemed necessary by the Municipal
Agency shall be paid.
(d)
All performance guarantees shall remain in effect until formally
released by the governing body by a resolution.
(e)
All guarantees, sureties, and lending institutions are subject
to the approval of the Municipal Attorney and the governing body.
3.
Inspections.
(a)
All site improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer. Prior to the start of construction of any improvements, the applicant shall deposit by cash or certified check with the Borough Clerk the applicable inspection fee required by Section 22-3.
(b)
In no case shall installation of underground facilities or any
paving work be conducted without permission from the Borough Engineer.
(c)
The Engineer's office shall be notified two working days prior
to commencement of each of the following phases of construction so
that the Engineer or a qualified representative may be present to
inspect the work.
(1)
Road subgrade.
(2)
Curb and gutter forms.
(3)
Curbs and gutters.
(4)
Road paving.
(5)
Sidewalk forms.
(6)
Sidewalks.
(7)
Drainage pipes and other drainage construction.
(8)
Street name signs.
(9)
Monuments.
(10)
Sanitary sewers.
(11)
Detention and/or retention basins.
(12)
Topsoil, seeding, planting, shade trees.
(d)
Any improvement installed contrary to the plan or plat approval
by the Borough shall constitute just cause to void the municipal approval.
(e)
Any improvements installed without notice for inspection shall
constitute just cause for:
(f)
Inspection by the Borough of the installation of improvements
and utilities shall not operate to subject the Borough to liability
for claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter; it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owners and his contractor,
if any.
4.
Developers Agreement.
(a)
Prior to the signing and recording of final major subdivision
plats and as a condition of final site plan approval in the case of
a site plan, the developer shall enter into an agreement with the
governing body if so required by the Municipal Agency. This agreement
shall be of a form that is acceptable to the Municipal Attorney and
one in which the developer agrees to abide by the terms and conditions
of approval, construct the required improvements in accordance with
the approved plans, agree to maintain the constructed improvements
including but not limited to: payment of street lighting charges,
snow removal, maintenance of storm drainage, sewer and water facilities.
The developer also shall agree that in the event the improvements
are not maintained, the Borough can utilize the cash portions of the
performance guarantees to immediately attend to items presenting a
safety hazard.
5.
Release of Guarantees.
(a)
Upon substantial completion of required appurtenant utility
improvements, and the connection of same to the public system, the
obligator may notify the governing body in writing, by certified mail
addressed in care of the Municipal Clerk of the completion of substantial
completion of improvements and shall send a copy thereof to the Municipal
Engineer. Concurrent with this notice the obligor shall forward a
set of as-built plans for the following:
(1)
Roads (plan and profiles).
(2)
Surface and stormwater drainage (plans and profiles) for facilities
in roads and easements.
(3)
Sanitary sewers including individual lot connections and cleanouts
(plans and profiles) for facilities in roads and easements.
(4)
Water mains, gas mains and underground electric, telephone and
community antenna television (C.A.T.V.) conduits (plans and profiles)
for facilities in roads and easements.
Thereupon the Municipal Engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report,
in writing, with the Governing Body, indicating either approval or
rejection of such improvements with a statement of reasons for any
rejection. The cost of the improvements as approved or rejected shall
be set forth.
(b)
The Governing Body shall either approve, or reject the improvements,
on the basis of the report of the Municipal Engineer and shall notify
the obligor in writing, by certified mail, of the contents of said
report and the action of said approving authority with relation thereto,
not later than 45 days after receipt of the notice from the obligor
of the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guarantee, except for that portion adequately sufficient to secure
provision of the improvements not yet approved; provided the 30% of
the amount of the performance guarantee posted is retained to ensure
completion of all improvements. Failure of the Governing Body to send
or provide such notification to the obligor within 45 days shall be
deemed to constitute approval of the improvements and the obligor
and surety, if any, shall be released from all liability pursuant
to such performance guarantee for such improvements.
(c)
If any portion of the required improvement are rejected, the
obligor is required to complete such improvements and, upon completion,
the same procedure of notification, as set forth in this section shall
be followed.
(d)
Any release of performance guarantees will be conditioned upon
the provisions of a maintenance guarantee to be posted with the governing
body, in an amount equal to 15% of the performance guarantee amount.
This section is intended to ensure a pro rata share allocation
of the costs for off-tract improvements necessitated by new development.
As a condition of final subdivision or site plan approval, the
Municipal Agency may require an applicant to pay his/her pro rata
share of the cost of providing reasonable and necessary circulation
improvements, and water, sewerage, and drainage facilities, including
land and easements, located off-tract of the property limits of the
subdivision or development but necessitated or required by the development.
"Necessary" improvements are those clearly, directly, and substantially
related to the development in question. The Municipal Agency shall
provide in its resolution of approval the basis of the required improvements.
The proportionate or pro rata amount of the cost of such facilities
within a related or common area shall be based on the following criteria.
a.
Full Allocation. In cases where off-tract improvements are necessitated
by the proposed development, and where no other property owner(s)
receive(s) a special benefit thereby or where neither the Borough
nor any other government entity has planned or programmed or accepted
the responsibility for any portion of the cost of the improvements,
the applicant may be required at the applicant's sole expense and
as a condition of approval, to provide and install such improvements.
b.
Proportionate Allocation.
1.
Where it is determined that properties outside the development will
also be benefited by the off-tract improvements, and where either
the Borough or any other government entity has planned or programmed
or accepted the responsibility for any portion of the cost of the
improvement, the following criteria shall be utilized in determining
the proportionate share of the cost of such improvements to the developer.
2.
Nothing herein shall be construed to prevent the Municipal Agency
and the developer from agreeing to use a different method to allocate
cost.
3.
Allocation Formula.
(a)
Sanitary Sewers. The applicant's proportionate share of distribution
facilities including the installation, relocation or replacement of
collector, trunk and interceptor sewers, and appurtenances associated
there-with, shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be based on the standards specified in Section 22-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer;
(2)
The Municipal Engineer or Planner shall provide the applicant
with the existing and reasonably anticipated peak hour flows as well
as capacity limits or the affected sewer system;
(3)
If the required system does not exist or the existing system
does not have adequate capacity to accommodate the applicant's flow
given existing and reasonably anticipated peak hour flows, the pro
rata share shall be computed to be the larger of:
(i)
The partial cost of a shared improvement where
none now exists:
|
Total cost of improvement
|
=
|
Capacity of improvement (gallons per day-gpd)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development-generated design flow to be accommodated by the
improvement (gpd).
|
or,
(ii)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible.
or,
(iii)
The partial cost of a shared improvement where the existing
improvement has insufficient capacity:
|
Total cost of enlargement or improvement
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity (gpd)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development-generated design flow to be accommodated by the
enlargement or improvement (gpd).
|
(b)
Roadways. The applicant's proportionate share of street improvements,
alignment, channelization, barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets, and
other associated street or traffic improvements shall be as follows:
(1)
The Municipal Engineer or Planner shall provide the applicant
with the existing and reasonably anticipated future peak-hour volumes
for the off-tract improvements;
(2)
The applicant shall furnish, for approval by the Municipal Engineer,
the estimated peak-hour traffic generated by the proposed development
and the proportion thereof which is to be accommodated by the proposed
off tract improvement;
(3)
If the required improvements do not exist or if the existing
system does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro-rata share shall be the larger of:
(i)
The partial cost of a shared improvement where
none now exists:
|
Total cost of improvement
|
=
|
Capacity of improvement (peak-hour volume)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development traffic to be accommodated by the enlargement or
improvement (peak-hour volume).
|
(ii)
The total cost of an improvement designed to accommodate only
the development traffic volume if such an alternative is technically
possible.
or,
(iii)
The partial cost of a shared improvement where the existing
improvement has insufficient capacity:
|
Total cost of enlargement or improvement
|
=
|
Capacity of enlargement or improvement in excess of existing
capacity (peak-hour volume)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development traffic to be accommodated by the enlargement or
improvement (peak-hour volume).
|
(c)
Drainage Improvements. The applicant's proportionate share of
storm water and drainage improvements including the installation,
relocation and replacement of storm drains, bridges, culverts, catch
basins, manholes, rip-rap, improved drainage ditches and appurtenances
thereto, and relocation or replacement of other storm drainage facilities
or appurtenances associated therewith, shall be determined as follows:
(1)
The capacity and the design of the drainage to accommodate storm water runoff shall be based on the standards specified in Section 22-9 of this chapter, computed by the developer's engineer and approved by the Municipal Engineer. The effect of on-site detention, if any, is to be neglected.
(2)
The capacity of the enlarged, extended, or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer
subject to approval of the Municipal Engineer. The plans for the improved
system may be prepared by the developer's engineer or the Municipal
Engineer at the developer's expense and the estimated cost of the
enlarged system calculated by the Municipal Engineer.
(3)
If the required improvements do not exist or if the existing
system does not have adequate capacity to accommodate reasonably anticipated
volumes, the pro-rata share shall be the larger of:
(i)
The partial cost of a shared improvement where
none now exists:
|
Total cost of enlargement or improvement
|
=
|
Capacity of improvement (cfs - peak)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development-generated peak runoff to be accommodated by the
enlargement or improvement (cfs).
|
or,
(ii)
The total cost of an improvement designed to accommodate only
the development flow, if such an alternative is technically possible.
or,
(iii)
The partial cost of a shared improvement where the existing
improvement has insufficient capacity:
|
Total cost of enlargement or improvement
|
=
|
Capacity of improvement (cfs - peak)
|
|
_____________________
|
________________________
| |
|
Developer's cost
|
Development-generated peak runoff to be accommodated by the
improvement (cfs).
|
(d)
Water Supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation, or replacement
of water mains, hydrants, valves, and appurtenances associated therewith
shall normally be computed in accordance with the rules of the serving
water utility. If allocation of cost is to be made under the jurisdiction
of the Borough procedures similar to those described for sanitary
sewers, roadway and drainage improvements shall be used.
The cost of an improvement shall be construed to encompass all
costs including, but not limited to planning, feasibility studies,
surveys, property and easement acquisition, design and construction.
Such costs shall also include all legal, accounting, surveying, engineering,
and other professional costs. Such costs may also include the cost
of eminent domain proceedings, reasonable contingencies and costs
of financing during construction.
Where the proposed off-tract improvement is to be undertaken
at a future date, the monies required for the improvement shall be
deposited in an interest-bearing account to the credit of the Borough
in a separate account until such time as the improvement is constructed.
If the off-tract improvement is not begun within the period from the
time of deposit as specified by law, all monies and interest shall
be returned to the applicant.
The documents to be submitted are intended to provide the Municipal
Agency with sufficient information and data to assure compliance with
all municipal codes and specifications and to ensure that the proposed
development meets the design and improvement requirements of this
chapter. The specification of documents is based on the type of development
and particular stage of development application.
The documents to be submitted are included in an attached document
to this chapter. In specific cases and for documented reasons, the
Municipal Agency may waive the submission of a particular document
or require the submission of additional documents.