[Ord. No. 11/78; Ord. No. 5/24/81 § A I]
This chapter shall be known and may be cited as the “Land
Development Ordinance of the Borough of Lakehurst, New Jersey.
[Ord. No. 11/78; Ord. No. 5/24/82 § A II]
There is hereby ordained by the Borough Council for the Borough
of Lakehurst, New Jersey, pursuant to the provisions of P.L. 1975,
c. 291, a Land Development Ordinance for the following purposes: to
effectuate the Master Plan, enacted to guide the appropriate development
and redevelopment of land in a manner which will promote the public
health, safety, morals and general welfare; regulate the use of land
within zoning districts; secure safety from fire, flood, panic, and
other natural and manmade disasters; provide adequate light, air,
and open space; limit and restrict buildings according to their type
and the nature and extent of their use, and regulate the nature and
extent of the use of land for trade, industry, residence, open space
or other purposes: regulate the bulk, height, number of stories, and
size of buildings and other structures; avoid a conflict with the
development and general welfare of neighboring municipalities, the
County and the State; establish appropriate population densities and
concentrations contributing to the well-being of persons, neighborhoods,
communities and regions and the preservation of the environment; provide
sufficient space for residential, recreational, commercial and industrial
uses and open space; encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which result in congestion
or blight; promote a desirable visual environment; promote the conservation
of open space and valuable natural resources and to prevent urban
sprawl and degradation of the environment through improper use of
land; and encourage coordination of 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; and
to implement the Pinelands Protection Act (N.J.S. 13:18a-1 to 29)
and the Pinelands Comprehensive Management Plan so as to preserve
and protect the significant and unique resources of the Pinelands.
[Ord. No. 11/78; Ord. No. 5/24/81 § 300]
Any word or term not defined shall be utilized with a meaning
of standard usage for the context in which the word is used.
[Ord. No. 11/78; Ord. No. 5/24/82 § 301; Ord. No. 95-13 § 1]
The following terms utilized in this chapter are used as defined
in the Municipal Land Use Law as amended (Chapter 291, P.L. 1975):
Applicant; application for development; buildings; capital improvement;
circulation; common open space; conditional use; County Master Plan;
County Planning Board; days; developer; development regulation; division;
erosion; final approval; governing body; interested party; major subdivision;
master plan; mayor; nonconforming lot; nonconforming structure; nonconforming
use; Official County Map; off-site; off-tract; on-site; on-tract;
open space; party immediately concerned; Planning Board; plat; preliminary
approval; preliminary floor plans and elevations; public areas; public
development proposal; public drainage way; public open space; quorum;
residential cluster; residential density; resubdivision; sedimentation;
site plan; standards of performance; street; structure; subdivision;
variance.
[Ord. No. 11/78; Ord. No. 5/24/82 § 302; Ord. No. 12/82 § I; Ord. No.
7/20/89 § 1; Ord. No. 97-05 § 1; Ord. No. 2018-09]
The following terms utilized in this chapter are used as defined
in the New Jersey Pinelands Comprehensive Management Plan, adopted
by the New Jersey Pinelands Commission pursuant to Section 7 of the
Pinelands Protection Act (N.J.S. 13:18A-1 to 29) as amended: agricultural
commercial establishment; animals, threatened or endangered; application
for development; building; camper; campsite; certificate of appropriateness;
certificate of filing; commission; comprehensive management plan;
construction; contiguous land; drainage; dwelling; dwelling unit;
electric distribution lines; electric transmission lines; enlargement;
family; fire hazard; fish and wildlife management; forestry; habitat;
historic resource; hydrophytes; immediate family; impermeable surface;
interested person or party; interim rules and regulations; land; landscaping;
local community facility; mobile home; parcel; person; Pinelands Area;
Pinelands Development Review Board; Pinelands Protection Act; plants,
threatened or endangered; record tree; recreational facility, intensive;
recreational facility, low intensive; scenic corridor; sign; solar
energy facility; facility; submerged lands; seasonal high water table;
vegetation; wetlands; and wetland soils.
[Ord. No. 11/78; Ord. No. 5/24/82; Ord.
No. 12/82 § 303; Ord. No. 12/82 § II; Ord. No. 7/20/89 §
2; Ord. No. 90-08 § 1; Ord. No. 2011-02; Ord. No. 2018-09]
For the purpose of clarity and use certain words and terms used
in this chapter are to be interpreted as defined below:
shall mean a subordinate use or building, the purpose of
which is incidental to that of a main use or building on the same
lot, except that any structure containing living space or a building
with a floor area in excess of 900 square feet shall not be considered
an accessory building.
shall mean the Municipal Land Use Law, Chapter 291, Laws
of N.J. 1975.
shall mean the Borough Clerk.
shall mean development designs, situations, or existing features
on a developer’s property, or any nearby property, creating,
imposing, aggravating or leading to impractical, unsafe, unsatisfactory
or non-complying conditions such as a layout inconsistent with the
zoning regulations; insufficient street width; unsuitable street grade;
unsuitable street location; inconvenient street grade; inconvenient
street system; inadequate utilities such as water, drainage, and sewerage;
unsuitable size, shape and location for any area reserved for public
use or land for open space in a planned development; infringement
upon land designated as subject to flooding; and the creation of conditions
leading to soil erosion from wind or water from excavation or grading,
all as set forth in N.J.S. 40:55D-38 and measured against the design
and performance standards of this chapter.
shall mean land which is devoted to the production for sale
of plants and/or animals.
shall mean a change or modification in the structural members
of an existing building or the enlargement of a structure or the movement
of a structure from one location to another.
shall mean a dwelling unit in a building having two or more
units where entranceways, hallways, basements, attics, heating systems,
yards, and similar services in the building are shared in common,
singularly or in combination.
shall mean any board, body, authority or person within the
Borough with authority to approve or disapprove subdivisions, site
plans, zoning permits, construction permits or other applications
for development.
shall mean the Planning Board of the municipality unless
a different agency is designated by this chapter when acting pursuant
to the authority of the Act.
shall mean any premises used for the retail sales of gasoline,
oil or other products necessary for the maintenance and operation
of motor vehicles and for servicing and repairs thereof, but where
no vehicular painting and/or work is done and where no junked or unregistered
vehicles are kept or stored.
shall mean a story partly underground and having more than
1/2 of its height above the average level of the finished grade at
the front of the building.
shall mean and include any off-site sign used to identify
the product made or the activity being pursued by any individual,
service, business, commercial or industrial enterprise, for the purpose
of appraising the public of the locations of such enterprise and/or
type of activity in which it is engaged.
shall mean any building or that part of any building where
rooming units are rented with or without meals for more than three
persons.
shall mean the area of a lot covered by buildings measured
on a horizontal plane around the periphery of the foundation(s) and
including the area under the roof of any structure supported by columns
or otherwise, but not having walls, as measured around the extremities
of the roof above the columns.
shall mean the vertical distance measured to the highest
point of the building from the average elevation of the finished grade
at the foundation.
shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that coincides with
the exterior surface of the building on any side. In the case of a
cantilevered or projected section of a building, the vertical plane
shall coincide with the most projected surface. All yard requirements
are measured to the building line.
shall mean a building in which is conducted the main or principal
use of the lot on which the building is situated.
shall mean the section of a street, road, or highway right-of-way
located between the curblines which is normally used by vehicular
type traffic, commonly known as the paved areas of the street.
shall mean a story wholly or partly below immediate grade
having more than 1/2 its height (measured from floor to ceiling) below
immediate grade at the front of the building.
shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing, or disturbance of an area in excess of 5,000
square feet.
shall mean all development other than major development.
shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or any mining, excavation, or landfill, and any use or change in use
of any building or other structure, or land or extension of use of
land.
shall mean the change of or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
A change in the type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or flood plain, seacoast, river, stream, lake, pond, wetlands, or
artificial body of water.
shall mean a document signed by the Construction Code Official
(1) which is required by ordinance as a condition precedent to the
commencement of a use or any development including the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building, and (2) which acknowledges that such development complies
with the provisions of this chapter or variance therefrom duly authorized
by a municipal agency.
shall mean a building surrounded by open space on the same
zoning lot.
shall mean a building used, designed for or occupied by three
or more independent families, with separate housekeeping and cooking
facilities for each including apartment houses, boarding houses, and
flats.
shall mean a detached building and dwelling unit used, designed
for and/or occupied exclusively by one family only living as a single
nonprofit housekeeping unit.
shall mean a building used, designed for or occupied by two
families only, with separate housekeeping and cooking facilities for
each, living independently of each other.
shall mean the official licensed professional engineer appointed
by the Borough.
shall mean the official licensed professional engineer appointed by the planning board pursuant to subsection 25-9.5 of this chapter.
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, 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 governmental agencies or for the public health or safety
or general welfare.
shall mean any number of persons living together as a single
family or housekeeping, nonprofit, unit and using certain rooms and
housekeeping facilities in common, such persons shall be related by
blood, marriage, or adoption.
shall mean an artificially constructed barrier forming a
total or partial enclosure of yard areas, and designed to prevent
straying from within or intrusion from without the enclosure, or to
provide a visual barrier for the purpose of assuring privacy.
shall mean that portion of flood hazard area outside of the
floodway.
shall mean the floodway and the relatively flat area adjoining
the floodway which has been or may be hereafter covered by flood water
and which area, the improper development and general use of which,
would constitute a threat to the public safety, health and general
welfare. The flood hazard area shall constitute the total area inundated
by the flood hazard design flood.
shall mean the generally flat terrain subject to periodic
flooding adjacent to streams, ponds, lakes, or swamps.
shall mean the channel of a natural stream and portions of
the flood plain adjoining the channel which are reasonably required
to carry and discharge the flood water or flood flow of any natural
stream. This shall constitute the portions of the flood plain needed
for the passage of the floodway design flood without an appreciable
rise in the water surface profile.
shall mean the sum of the gross horizontal area of flooring
of a structure measured by using the exterior of the building but
excluding garages, breezeways, unheated porches, basements or cellars.
For business and commercial uses such areas shall include all floor
space having headroom of at least seven feet.
shall mean the planting, cultivating and harvesting of trees
for the production of wood products, including firewood or for forest
health. It includes such practices as reforestation, site preparation
and other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Ord. No. 2011-02]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
shall mean a building or space accessory to the principal
building which provides the storage of motor vehicles and in which
no occupation, business or service for profit is carried on.
shall mean any garage other than a private garage, available
to the public operated for gain, and which is used for the equipping,
adjusting, storage, rental, repair, inspecting, greasing, washing,
polishing, or other cleaning, maintenance and servicing of automobiles
or other motor vehicles, including the supply of gasoline or oil or
other fuel for the vehicular propulsion. This term shall include gasoline
and oil pumps maintained in conjunction therewith but shall not be
construed to include motor vehicle show rooms for new or used motor
vehicles.
shall mean one or more multi-family buildings not more than
2 1/2 stories above the ground level or not more than three livable
floor levels, and on a landscaped site; designed and erected as an
integrated development with singleness of use and operation and which
contains such common facilities as pedestrian walks, open spaces and
recreation areas in accord with minimum standards stated in this chapter,
off-street parking, and/or garage facilities concomitant with unit
density, complete utility system, free two-way access provided from
two or more directions.
shall mean the completed surfaces of lawns, walks and roads
brought to grades as shown on municipally reviewed plans or designs
conforming to established municipal standards.
shall mean the sum of the gross horizontal areas of the floor
or several floors of a dwelling measured between the inside face of
exterior walls or from the centerline of walls separating two dwelling
units, having a clear ceiling height of seven feet, four inches or
greater, but not including any unfinished cellar or basement, or any
garage space, breezeway, interior patios, enclosed porches or accessory
building space.
shall mean any gainful employment, or occupation, involving
the production or repair of goods by one or more members of the resident
family, which shall constitute, either entirely or partly, the means
of livelihood of such member or members, and which shall be conducted
in clearly secondary or accessory use to the primary residential use
of the principal structure. Such occupation may be pursued in the
principal dwelling structure, or in a secondary building, which is
accessory to such principal structure. Home occupations may include,
but are not limited to, such activities as dressmaking, millinery,
watchmaking, electrical, radio repair and carpentry. The wholesale
or retail sale of goods or services in structures designed or altered
to make such activities the primary use of the site or involving the
wholesale or retail sale of goods and services not produced or repaired
on-site shall not be construed hereunder to be a home occupation.
shall mean any professional office conducted entirely within
the dwelling or accessory building to the dwelling which is the bonafide
residence of the practitioner.
shall mean a building containing rooms used, rented, or hired
out to be occupied for sleeping purposes by guests, and where only
a general kitchen and dining room are provided within the building
or as an accessory building.
shall mean any surface that has been compacted or covered
with a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff to be classified as impervious in Urban Areas by the Unites
States Department of Agriculture, Natural Resources Conservation Service
Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55)
Version 1.0 as amended and supplemented, available with user guide
and tutorials at http://www.wsi.nfcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
[Ord. No. 2011-02]
shall mean a total tract comprehensively planned, designed,
and approved for industrial or office uses whether or not the buildings
are erected in one development stage or over a period of time, but
where the streets, utilities and lots and/or tenant’s parcels
are set forth on a plan for the entire tract prior to construction
of any portion of the tract. As development takes place in accordance
with the approved plans, changes may be made in the plans for the
undeveloped section to accommodate subsequent land needs, provided
the modifications conform to logical extensions of installed segments
of streets, drainage, utilities and other facilities.
shall mean an area or structure used for the collecting,
storage, buying, trading, or abandonment of any refuse and/or discarded
material, or the dismantling, demolition, salvaging or abandonment
of processing structures, automobiles, or other vehicle equipment
and machinery or parts thereof; with the deposit of domestic, commercial,
industrial or sanitary waste or garbage excluded.
shall mean real property including improvements and fixtures
on, above, or below the surface.
shall mean an off-street space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading material.
shall mean a parcel or area of land, the dimensions, location
and extent of which are determined by the latest official records
or by the latest approved map of a subdivision of which the lot is
a part.
shall mean the total horizontal area of land which is determined
by the limits of the lot lines bounding that area and expressed in
terms of square feet or acres. Any portion of a lot included in a
public right-of-way shall not be included in calculating lot area.
Where an easement is obtained or exists for public purposes, the area
of the easement shall be included in the calculation of the lot area.
shall mean a lot having at least two adjacent sides fronting
on intersecting roads. The greater frontage shall be deemed a side
lot line and the lesser frontage the front lot line. In the event
of equal frontage the front lot line shall be that line which the
main entry of the structure faces.
shall mean the horizontal distance between the front lot
line and a line drawn parallel to the front line through the midpoint
of the rear lot line.
shall mean the horizontal distance between the side lot lines
measured along the street lines. The minimum lot frontage shall be
the same as the lot width except that on curved alignments with an
outside radius of less than 500 feet, the lot frontage may be reduced
to not be less than 75% of the required minimum lot width.
shall mean any line forming a portion of the exterior boundary
of a lot. The lot line is the same as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
shall mean the straight and horizontal distance between side
lot lines measured at setback points on each side lot line at the
minimum building setback from the street line.
shall mean any security, other than cash, which may be accepted
for the maintenance of any improvements required by this chapter.
shall mean an independent dwelling unit manufactured in one
or more sections; designed for long term occupancy; containing living
and sleeping accommodations, a flush toilet, a tub or shower, bath
and kitchen facilities with plumbing and electrical connections provided
for attachment to outside systems; and designed to be transported
on its own wheels after fabrication, or on flat bed or on other trailers,
arriving at the site where it is to be occupied as a complete dwelling,
usually including major appliances and furniture, and ready for occupancy
except for minor and incidental unpacking and assembly operations.
For purposes of this chapter, travel trailers and campers are not
considered mobile homes.
shall mean any lot upon which two or more mobile homes are
located and used for dwelling purposes.
shall mean a series of rental units, with individual entrances
from the building to each unit, operated as a single business for
the purpose of providing lodging to transient guests.
shall mean a place for the transaction of business where
reports are prepared, records kept, or services rendered, but where
no retail sales are offered and where no manufacturing, assembling
or fabricating takes place.
shall mean an off-street parking area for passenger vehicles
including the storage area of each vehicle and necessary maneuvering
area of each vehicle. Space for maneuvering incidental to parking
or unloading shall not encroach upon any public way. Every off-street
parking facility shall be accessible from a public street. Accessory
garage space(s) for the storage of one or two automobiles shall be
considered off-street parking space(s).
shall mean any use of land or buildings as permitted by this
chapter.
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 guaranteed in cash.
shall mean all that portion of the Borough west of the main
line of the Central Railroad of New Jersey.
shall mean an area of land containing dwellings and recreational,
cultural and medical facilities and services for the benefit of the
permanent residents who are, wherever possible, persons 52 years of
age or over.
shall mean the plat of all or a portion of the development prepared and submitted to the approving authority for final approval in accordance with Section 25-19 of this chapter.
shall mean the plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Section 25-19 of this chapter.
shall mean the plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Section 25-19 of this chapter.
shall mean the main purpose for which any lot and/or building
is used.
shall mean an institution of education whose general course
work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
shall mean the office of a member of a recognized profession
which shall be so designated by the approving authority upon finding
by such approving authority that such occupation is professional in
character and requires academic training, licensing, and training
and experience as a condition for the practice thereof, and that the
practice of such occupation shall in no way adversely affect the safe
and comfortable enjoyment of property rights in any zone to any greater
extent than would the permitted uses listed in that district. The
issuance of a State or local license for regulation of any such occupation
shall not, alone, be deemed indicative of professional standing. When
such office is combined with a residence, the conditions of a home
professional office shall apply.
shall mean an establishment, however designated, regularly
and principally used for the purpose of providing meals to the public
having an adequate kitchen and dining room equipped for the preparing,
cooking and serving of foods for its customers and in which no other
business, except such as is incidental to such establishment is conducted.
However, a snack bar at a public or community recreation facility
operated solely by the public agency controlling the recreation facility
for the convenience of the patrons of the facility, shall not be deemed
a restaurant for the purposes of this chapter.
shall mean an establishment where patrons are served prepared
foods, soft drinks, ice cream, and similar confections for principal
consumption 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 an establishment with a primary purpose of the
sale of goods or articles individually or in small quantities directly
to the consumer.
shall mean the total width and length of the course of a
street, water course, water body, utility alignment, or other way
and within which all improvements and rights of access are confined.
shall mean a line drawn parallel to a street line or lot
line and drawn to the building line nearest to the street line or
lot line beyond which a building shall not project. The minimum yard
requirements shall be the minimum required setbacks. All setbacks
from public street shall be measured from the required right-of-way
width.
shall mean a group of integrated developments devoted to
retail, service and entertainment activities housed in enclosed building
or buildings and utilizing such common facilities as customer and
employees’ parking areas, pedestrian walk areas, utilities,
loading and unloading space, common open areas and such other appropriate
necessary and appropriate accessory uses.
shall mean a triangular area abutting two intersecting streets
where vision is unobstructed. The sight triangle is formed by the
intersecting street sidelines and a line connecting a point on each
sideline a set distance from the intersection.
shall mean any announcement, declaration, display, illustration
or insignia placed in a position to be seen by the general public
from any street or public way.
shall mean site plan approval by the approving authority
shall not be required for individual single family and two family
dwellings as well as accessory buildings to agricultural and horticultural
uses, unless such uses are located in a flood hazard area or involve
a home occupation. Building alterations which do not involve a change
in use, additional parking, or additional building area shall be exempt.
Changes in use which do not require additional parking shall be exempt.
shall mean a site plan for development or building alteration
requiring less than 10 parking spaces as required in this chapter
and containing less than 2,500 new or additional square feet of floor
space.
shall mean all site plans not defined as minor or exempt.
shall mean a map of a subdivision or site plan of sufficient
accuracy, used for the purpose of discussion and classification of
the application.
shall mean that portion of a building comprised between a
floor and the floor or roof next above it. A 1/2 story is a story
at the top of a building, the area of which is less than the area
of the story below it, and the height of which shall not be less than
7.5 feet above at least 1/3 the area of the floor.
shall mean that line determining the limit of the rights
of the public, either existing or contemplated. Where a definite right-of-way
width has not been established, the street line shall be assumed to
be at a point 25 feet from the centerline of the existing pavement.
shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams and girders, or
in the dimensions or configurations of the roof or exterior walls.
shall mean all subdivisions not defined as minor.
shall mean a subdivision of land that does not involve:
shall mean facilities constructed above or below ground having
a depth of more than two feet and/or a water surface of 100 square
feet or more and designed and maintained for swimming purposes. Swimming
pools shall include all buildings, structures, equipment and appurtenances
thereto.
shall mean one dwelling unit in a line of three or more attached
dwelling units with each dwelling unit extending from the ground to
the roof and having individual outside access and no interior facilities,
conveniences, or services shared with other dwelling units making
up the overall building.
shall mean an area of land comprised of one or more lots
having sufficient dimensions and area to meet the requirements of
this chapter for the use(s) intended.
shall mean a vehicular, portable structure built on a chassis
designed as a temporary dwelling for travel, recreation, vacation
and other short term uses which may contain cooking, sleeping, sanitary
and general living facilities.
shall mean services provided to a use including, but not
limited to, sewage treatment, water supply, gas, electric, telephone,
and cable TV.
shall mean main lines, conduits or pipes located in a street,
road, alley or easement through which natural gas, electricity, water,
sewage, or storm water discharge is distributed to or from service
lines extending from the main line to the distribution system of the
building or premises served.
shall mean any building, premises or land in which or upon
which the principal business, operation or industry involves the storage
of goods and materials.
shall mean the establishment of a characteristic wetland
or the removal of exotic species or Phragmites from a wetland in accordance
with the standards of NJAC 7:50-6.10. For purposes of this definition,
exotic species are those not indigenous to North America.
[Ord. No. 2011-02]
Unless the natural construction of the word indicates otherwise,
all words used in the present tense include the future; the singular
number includes the plural and the plural the singular. The word “building”
includes the word “structure” or any part thereof; the
word “occupied” includes the word “designed or intended
to be occupied;” the word “used” includes “arranged,”
“designed” or “intended to be used”, the word
“person” includes individuals, firms, copartnerships and
corporations. The word “shall” is always mandatory and
not directory. The word “may” is permissive. The phrase
“used for” includes “arranged for”, “designed
for”, “intended for”, “maintained for”
and “occupied for”.
shall mean an open space extending between the closest point
of any building line and a lot line or street line. In an apartment,
townhouse, industrial park or other development where more than one
building may be erected on a lot, yards shall also be the open space
extending between structures. All yard dimensions shall be measured
horizontally and at right angles to either a straight street line,
lot line, or building facade or perpendicular to the point of tangent
of curved lines and facades. The minimum distance between buildings
in developments where there is more than one building on a lot shall
be the sum of the two yards of the structures and in no event shall
two structures be closer to one another than the sum of both yards.
shall mean the area extending across the full width of a
lot line between the street line and the building line. For apartments,
townhouses, industrial park or other development where more than one
building may be erected on a lot, the front yard shall be measured
from the designated front of the building to an imaginary line a designated
distance away from the front of the building.
shall mean the open space extending across the full width
of the lot between the rear lot line and the building line. For apartments,
townhouses, industrial park or other developments where more than
one building may be erected on a lot, the rear yards shall be measured
from the designated rear of the building to an imaginary line a designated
distance away from the rear of the building.
shall mean an open space extending from the front yard to
the rear yard and lying between each side lot line and the closest
point of the building line. The side yard for apartments, townhouses,
industrial park or other developments where more than one building
may be erected on a lot shall be measured from the designated side
of the building to an imaginary line a designated distance away from
the side of the building.
[Ord. No. 11/78; Ord. No. 5/24/82 § 400]
No development permit, building permit, or certificate of occupancy
shall be issued for any parcel of land or structure which was sold
or on which improvements or other development were undertaken in violation
of the provisions of this chapter or for use of a lot which was created
by subdivision after the effective date of, and not in conformity
with the provisions of this chapter. No development shall be commenced
except in conformance with this chapter in accordance with appropriate
approvals and the issuance of required permits.
[Ord. No. 11/78; Ord. No. 5/24/82 § 401; Ord. No. 12/82 § III; Ord.
No. 7/20/89 § 3]
A development permit shall be issued by the duly designated
official or agency before the issuance of either a certificate of
occupancy to a new occupant of an existing building or portion of
an existing building or before the issuance of a building permit,
or the commencement of any development as defined herein.
Except as specifically exempted pursuant to subsection 25-4.3 of this chapter, site plan and/or subdivision approval shall be required prior to the issuance of a development permit and the commencement of development as defined herein.
a.
In the Pinelands Area (Lakehurst), the applicant shall notify the Pinelands Commission of the issuance of a development permit. Notice shall be given in accordance with subsection 25-11.8. No development authorized by a development permit shall commence until the requisite period for Commission review and action has elapsed. If, within 15 days of receiving notification of the issuance of a development permit, the Executive Director of the Commission calls up the proposed development for review by the Commission, then no development shall occur until the Pinelands Commission has taken action on the proposed development. If the Pinelands Commission approves the proposed development subject to conditions, the approving authority shall, within 30 days, modify its approval to include all conditions imposed, and the proposed development, shall conform to the conditions. If the Commission disapproves the local approval, the approving authority shall revoke such approval.
b.
The following
types of development shall not be subject to Commission notification
and review, and permits approved by the duly designated official shall
take effect immediately:
1.
The improvement,
expansion or reconstruction of any one single-family dwelling or appurtenance
thereto;
2.
The improvement,
expansion, construction or reconstruction of any structure accessory
to a single-family dwelling;
3.
The improvement,
expansion, construction or reconstruction of any structure used exclusively
for agricultural or horticultural purposes;
4.
The construction,
repair or removal of any sign;
5.
The repair
of existing utilities and the installation of utilities to serve existing
or approved development;
6.
The clearing
of less than 5,000 square feet of land not in conjunction with an
activity requiring a building permit.
[Ord. No. 11/78; Ord. No. 5/24/82; Ord.
No. 12/82 § IV; Ord. No. 7/20/89 § 4]
a.
Subdivisions and Lot Consolidations. Divisions of land not
considered a subdivision as defined below shall be exempt from compliance
with the requirements of this chapter. Such divisions shall include:
the division of land for agricultural purposes where all resulting
parcels are five acres or larger in size; divisions by testamentary
or intestate provisions; divisions of property by Court Order; and
conveyances so as to combine existing lots by deed or other instrument,
as the case may be. It shall be permissible to consolidate contiguous
tax lots if the lots were created under the “Map Filing Law”,
through subdivisions for agricultural purposes or through deed or
through creation of separate lots by deed by filing a written request
with the Municipal Engineer requesting a change in the tax map and
authorizing such a change and the reasons for same. A fee of $25 payable
to the Borough, to defray the cost with a copy of the written request
shall be submitted to the Administrative Officer.
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 this chapter and are shown and designated as separate
lots, tracts or parcels on the tax maps of the Borough, shall not
be considered a subdivision under this chapter.
b.
Site Plans. Site plan approval by the approving authority
shall not be required for individual single family and two family
dwellings as well as accessory buildings to agricultural and horticultural
uses, unless such uses are located in a flood hazard area or involve
a home occupation. Building alterations which do not involve a change
in use, additional parking, or additional building area shall be exempt.
Changes in use which do not require additional parking shall be exempt.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site, shall
be exempt provided that the commercial underground installation of
fuel oil tanks or tanks for the storage of flammable or combustible
liquids or materials shall have been approved by the Lakehurst Borough
Fire Department.
[Ord. No. 11/78; Ord. No. 5/24/82 § 403; Ord. No. 2012-07]
It shall be unlawful to use or permit the use of any building
or part thereof hereafter created, changed, converted, altered or
enlarged, wholly or in part, until a certificate of occupancy shall
have been issued by the duly designated official or agency and no
certificate shall be issued unless the land, building and use thereof
comply with this chapter; all matters incorporated on the approved
subdivision or site plan have been completed and certified by the
Municipal Engineer; and the building and health codes are complied
with. Furthermore, no certificate of occupancy shall be issued to
the record owner if such record owner is delinquent in any payment
for any bill related to the subject property.
[Ord. No. 11/78; Ord. No. 5/24/82]
Prior to the subdivision or resubdivision of land within the municipality and as a condition of filing of subdivision plats with the County Recording Officer, a resolution of approval of the Planning Board is required as is the approval of site plans by resolution of the Planning Board as a condition for the issuance of a development permit except as otherwise provided herein. The resolution of approval of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over the subdivision or site plan pursuant to subsection 25-10.5c of this chapter.
[Ord. No. 12/82 § V]
All development proposed by the Borough of Lakehurst or any
agency thereof will comply with all the requirements for public development
set forth in N.J.A.C. 7:50-4.41 et seq.
[Ord. No. 7/20/89 § 5; Ord. No. 97-05 §§ 3, 4, 5; Ord. No. 2011-02; Ord. No. 2018-09]
a.
Applicability of Procedures.
1.
No person
shall carry out any development within the Pinelands Area without
obtaining approval from an approval agency and without obtaining development
approval in accordance with the procedures set forth in this section.
2.
Except
as provided in paragraph 3 below, the following shall not be subject
to the procedures set forth in this section.
(a)
The improvement, expansion, or reconstruction within five years of
destruction or demolition of any single family dwelling unit or appurtenance
thereto;
(b)
The improvement, expansion, construction, or reconstruction of any
structure accessory to a single family dwelling;
(c)
The improvement, expansion, construction, or reconstruction of any
structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair, or removal of any sign, except for the
construction or replacement of any off-site commercial advertising
sign;
(e)
The repair of existing utility distribution lines;
(f)
The clearing of less than 1,500 square feet of land;
(g)
The construction of any addition or accessory structure for any nonresidential
use or any multi-family residential structure provided that:
[Ord. No. 2018-09]
(1)
If the addition or structure will be located on or below an existing
impervious surface, either the existing use is served by public sewers
or the addition or structure will generate no wastewater flows, and
said addition or structure will cover an area of no more than 4,999
square feet; and
(2)
If the addition or structure will not be located on or below an impervious
surface, said addition or structure will generate no wastewater flows
and will cover an area of no more than 1,000 square feet.
(h)
The demolition of any structure that is less than 50 years old.
(i)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
(j)
The repair or replacement of any existing on-site waste water disposal
system;
(k)
The repaving of existing paved roads and other paved surfaces, provided
no increase in the paved width or area of said roads and surfaces
will occur.
[Ord. No. 2018-09]
(l)
The clearing of land solely for agricultural or horticultural purposes.
[Ord. No. 2018-09]
(m)
Fences, provided no more than 1,500 square feet of land is to be
cleared;
(n)
Above-ground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
(1)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
(3)
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(4)
Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year;
(q)
Prescribed burning and the clearing and maintaining of fire breaks;
or
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to subsection 25-27.47c.
(s)
The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Ord. No. 2018-09]
(t)
The installation of a local communications facilities antenna on
an existing communications or other suitable structure, provided such
antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Ord. No. 2018-09]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Ord. No. 2018-09]
(v)
The change of one nonresidential use to another nonresidential use,
provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Ord. No. 2018-09]
3.
The exceptions
contained in paragraph 2 above shall not apply to any historic resources
designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
4.
Nothing
herein shall preclude any local or State agency from reviewing, in
accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
b.
Application Requirements for Minor Development.
1.
Any application
for approval of minor development shall include at least the following
information:
(a)
The applicant’s name and address and his interest in the subject
property.
(b)
The owner’s name and address, if different from the applicant’s,
and the owner’s signed consent to the filing of the application;
(c)
The legal description, including block and lot designation and street
address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed development;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject property and
the Pinelands management area designation and the zoning designation
are shown;
(g)
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(1)
On-site Treatment Facilities. Location, size, type and capacity of
any proposed on-site wastewater treatment facilities; and
(2)
Soil Borings and Percolation Tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Section 25-27 of this chapter.
(h)
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads;
(i)
A soils map including a County soils survey which conforms to the
guidelines of the United States Department of Agriculture Soil Conservation
Service, showing the location of all proposed development;
(j)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
(k)
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
c.
Application Requirements for Other Development.
1.
All applications
for major development shall be accompanied by the information required
in N.J.A.C. 4.2(b)5, as well as the following:
(a)
A certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior
approval from the Pinelands Development Review Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
(b)
When prior approval for the development has been granted by an approval
agency, evidence of Pinelands Commission review pursuant to subsection
25-4.6f.
2.
In addition
to paragraphs C.1(a) and C.1(b) above, any application for forestry
operations shall be subject to the requirements of N.J.A.C. 7:50-6.41
et seq.
[Ord. No. 2011-02]
d.
Notices to the Pinelands Commission.
[Ord. No. 2018-09]
1.
Application
submission and modifications. Written notification shall be given
by the Borough, by email or regular mail, to the Pinelands Commission
within seven days after a determination is made by the Borough that
an application for development in the Pinelands Area is complete or
if a determination is made by the Borough approval agency that the
application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses and
intensity of uses proposed;
(d)
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
(h)
The nature of the municipal approval or approvals being sought.
2.
Meetings
and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(a)
The name and address of the applicant;
(b)
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other formal
proceeding;
(d)
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
3.
Notice
of approvals and denials. The Pinelands Commission shall be notified
of all approvals and denials of development in the Pinelands Area,
whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency’s decision. The applicant
shall, within five days of the approval or denial, give notice by
email or regular mail to the Pinelands Commission. Such notice shall
contain the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(c)
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to the
Commission; and
(g)
A copy of the resolution, permit or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
e.
Review by the Pinelands Commission.
1.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to subsection 25-4.7d3 above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the approval agency shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
2.
Until
January 14, 1991, approvals issued by the Pinelands Development Review
Board or the Pinelands Commission under the Interim Rules and Regulations
shall serve as the basis for Pinelands Commission review of the local
approval under this section.
3.
Although
the Pinelands Commission shall be notified of all denials, no such
denial actions are subject to further review and action by the Pinelands
Commission.
f.
Condition on Prior Approvals of the Borough of Lakehurst.
1.
Where
a prior approval has been granted by the approval agency, no subsequent
approval of an application for development approval shall be obtained
until one of the following is satisfied:
(a)
Notification is received from the Pinelands Commission that review
of the prior local approval is not required; or
(b)
Review of the prior local approval has been completed pursuant to
N.J.A.C. 7:50-4.37 through 4.42 and a Final Order regarding the approval
is received by the Borough of Lakehurst from the Pinelands Commission.
g.
Effect of Pinelands Commission Decision on Borough of Lakehurst Approval. If the Pinelands Commission disapproves an application for development
previously approved by an approved agency, such approval shall be
revoked by the approval agency within 30 days and the agency shall
thereafter deny approval of the application. If the Commission approves
the decision of an approval agency subject to conditions, the approval
agency which had previously approved the application shall, within
30 days, modify its approval to include all conditions imposed by
the Commission and, if final approval of the application is required,
shall grant final approval only if the application for approval demonstrates
that the conditions specified by the Commission have been met by the
applicant.
h.
Participation of Pinelands Commission in Public Hearings. The Pinelands Commission may participate in a hearing held by an
approval agency involving the development of land in the Pinelands
Area pursuant to N.J.A.C. 7:50-4.36.
i.
Environmental Commission Review. All applications for major
development and forestry shall be referred to the Environmental Commission
for review and comment.
[1]
Editor’s Note: References throughout the Code to the
Planning Board or Zoning Board of Adjustment shall be read as if the
term “Land Use Board Acting as the” precedes Planning
Board or Zoning Board of Adjustment.
[Ord. No. 11/78; Ord. No. 5/24/82 § 500; Ord. No. 95-13 § 2]
There is hereby established pursuant to C.291 P.L. 1975 in the
Borough of Lakehurst, a Planning Board of nine members consisting
of the following four classes:
a.
Class I. The Mayor. The Mayor shall not participate in consideration of applications for development which involve relief pursuant to subsection d of N.J.S. 40:55D-70.
b.
Class
II. One of the officials of the municipality other than a member of
the Governing Body 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
N.J.S. 40:56A-1, shall be deemed to be the Class II Planning Board
member for purposes of this act in the event that there be among the
Class IV, or alternate members of the Planning Board, both a member
of the Zoning Board of Adjustment and member of the Board of Education.
c.
Class III. A member of the Governing Body to be appointed by the Governing Body. The Class III member shall not participate in consideration of applications for development which involve relief pursuant to subsection d of N.J.S. 40:55D-70.
d.
Class
IV. Six other citizens of the municipality to be appointed by the
Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one such member may be a member
of the Board of Education. A member of the Environmental Commission,
who is also a member of the Planning Board as required N.J.S. 40:56A-1
shall be a Class IV Planning Board member.
|
No 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. Any member other than a Class I member, after
public hearing if he requests one, may be removed by the Governing
Body for cause.
|
[Ord. No. 11/78; Ord. No. 5/24/82 § 501]
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. The term
of 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 occurs
first. The terms of all Class IV members first appointed under the
Act shall be so determined that to the greatest practicable extent
the expiration of such terms shall be distributed evenly over the
first four years after their appointment; provided that the initial
Class IV term of no member shall exceed four years. Thereafter, the
Class IV term of each such member shall be four years. If a vacancy
in any class shall occur otherwise than by expiration of the Planning
Board Term, it shall be filled by appointment, as above provided,
for the unexpired term. No 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. Any member other than a Class
I member, after a public hearing if he requests one, may be removed
by the Governing Body for cause.
[Ord. No. 11/78; Ord. No. 5/24/82 § 502]
When any hearing before a Planning Board shall carry over two
or more meetings, a member of the Board who was absent for one or
more of the meetings, shall be eligible to vote on the matter upon
which the hearing was conducted, notwithstanding his absence from
one or more of the meetings; provided, however, that such Board member
has available to him a transcript or recording of the meeting from
which he was absent, and certifies in writing to the Board that he
has read such transcript or listened to such recording.
[Ord. No. 11/78; Ord. No. 5/24/82 § 503; Ord. No. 95-13 § 3]
The Mayor may appoint two Class IV alternates to the Planning
Board for terms of two years; provided, however, the initial terms
of such members shall be one and two years respectively. Such alternate
members shall be designated by the Planning Board Chairman as “Alternate
No. 1” and “Alternate No. 2” and shall serve in
rotation during the absence or disqualification of any regular member
or members of the Board.
No alternate member shall be permitted to act on any matter
in which he has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if he requests
one, be removed by the Governing Body for cause.
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 as alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
Number 1 shall vote.
[Ord. No. 11/78; Ord. No. 5/24/82 § 504]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV, and select a Secretary and Assistant
Secretary who may or may not be a member of the Planning Board or
a municipal employee. It may employ, or contract for, and fix the
compensation of legal counsel, other than the Borough Attorney, a
planning consultant, a professional engineer, and other staff and
services as it may deem necessary, not exceeding, exclusive of gifts
or grants, the amount appropriated by the Borough Council for its
use.
[Ord. No. 11/78; Ord. No. 5/24/82 § 505]
The Board may 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. 2A:67A-1 et seq.) shall apply.
[Ord. No. 11/78; Ord. No. 5/24/82 § 506; Ord. No. 7/20/89 § 6; Ord.
No. 93-05 § 1; Ord. No. 95-13 § IV; Ord. No. 97-05 §
6]
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make
and adopt and from time to time amend a master plan for the physical
development of the municipality which in the Board’s judgment
bears essential relation to the planning of the municipality in accordance
with the provisions of N.J.S. 40:55D-28.
b.
To administer
the provisions of the Land Development Ordinance of the municipality
in accordance with the provisions of the ordinances and the Municipal
Land Use Law of 1975, N.J.S. 40:55D-1 et seq.
c.
To participate
in the preparation and review of programs or plans required by State
or Federal law or regulations.
d.
To assemble
data on a continuing basis as part of a continuous planning process.
e.
To annually
prepare a program of municipal capital improvement projects projected
over a term of six years, and amendments thereto, and recommend same
to the Governing Body.
f.
To consider
and make report to the Governing Body within 35 days after referral
as to any proposed development regulation submitted to it pursuant
to the provisions of N.J.S. 40:55D-26, and also pass upon other matters
specifically referred to the Planning Board by the Governing Body,
pursuant to the provisions of N.J.S. 40:55D-26.
g.
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.
1.
Variances
pursuant to subsection 57c of Ch. 291 Laws of N.J. 1975 from lot area,
lot dimensional set back and yard requirements provided that such
relief from lot area requirements shall not be granted for more than
one lot.
2.
Direction
pursuant to N.J.S. 40:55D-34 for issuance of permit for building and
structure in the bed of a mapped street or public drainage way, flood
control basin or public area reserved pursuant to N.J.S. 40:55D-32.
3.
Direction
pursuant to N.J.S. 40:55D-34 of the Act for issuance of a permit for
a building or structure not related to a street.
Whenever relief is requested 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.
4.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Section 25-30 for a residential or principal nonresidential use shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
h.
To perform
such other advisory duties as are assigned to it by ordinance or resolution
of the Governing Body for the aid and assistance of the Governing
Body or other agencies or officers.
i.
The approving authority, when acting upon applications for preliminary or minor subdivision approval or preliminary site plan approval, may grant such exceptions from the “Design and Performance Standards” in Section 25-27 as may be reasonable and within the general purpose and intent of the provisions for review and approval of subdivisions and/or site plans if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
j.
The Planning Board shall have those powers and follow those procedures as hereinafter set forth in Section 25-10, Zoning Powers of the Planning Board, through subsection 25-10.6, Time for Decision. Throughout those sections any current reference to “Zoning Board of Adjustment” should now read “Planning Board”.
[Ord. No. 11/78; Ord. No. 5/24/82 § 507; Ord. No. 7/20/89 § 7]
a.
Minor Subdivisions and Minor Site Plans. Minor subdivision
approvals and minor site plan approvals shall be granted or denied
within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such subdivision approval and the
provisions of the “Map Filing Law”, 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. Any such subdivision plat or deed must be
signed by the chairman and a secretary of the Planning Board before
it will be accepted for filing by the County Recording Officer. Approval
of a minor site plan shall expire two years from the date of Planning
Board approval unless a building permit shall have been issued.
b.
Preliminary Approval Major Subdivisions. Upon submission
of a complete application for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of such submission or with such further time as may
be consented to by the developer. Upon submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval for either size subdivision.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 25-9.7 of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. 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.
d.
Final Subdivision Approval. Application for final subdivision
approval shall be granted or denied within 45 days of submission of
a complete application or within such further time as may be consented
to by the applicant. Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The Planning Board may, for good cause shown, extend
the period for recording for additional period not to exceed 190 days
from the date of the signing of the plat.
e.
Preliminary Site Plan Approval. Upon the submission of a
complete application for a site plan for 10 acres of land or less,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Upon the submission of a
complete application for a site plan of more than 10 acres, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
f.
Final Site Plan Approval. Final approval shall be granted
or denied within 45 days after submission of a complete application
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute final approval 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.
Whenever review or approval of the application by the County
Planning Board is required N.J.S. 40:26-6.6g2 the 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.
g.
Conditional Use Approval. Approval shall be granted or denied
within 95 days of submission of a complete application by a developer
to the Administrative Official or within such further time as may
be consented to by the applicant.
h.
Pinelands Commission Review. In the Pinelands Area (Lakehurst), notwithstanding the provisions of this subsection, where any approval results from the failure of the approving authority to act within the prescribed period, the applicant shall provide notice to the Pinelands Commission, and the permit shall not become effective until the requirements of subsection 25-4.7d, 3 and e are met.
[Ord. No. 11/78; Ord. No. 5/24/82 § 508]
Application for development within the jurisdiction of the Planning
Board, pursuant to the provisions of C. 291 P.L. 1975 and this chapter,
shall be filed with the Administrative Officer. The Administrative
Officer shall inform the applicant of steps to be taken to initiate
applications and the regular meeting dates as well as provide all
necessary forms, applications and copies of Board Rules and Regulations.
[1]
Editor’s Note: References thoughout the Code to the
Planning Board or Zoning Board of Adjustment shall be read as if the
term “Land Use Board Acting as the” precedes Planning
Board or Zoning Board of Adjustment.
[Ord. No. 11/78; Ord. No. 5/24/82 § 605; Ord. No. 93-05 § 2; Ord. No.
95-13 § 6; Ord. No. 97-05 § 7]
a.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Administrative Official based on or made in the enforcement of Section 25-30 of this chapter.
b.
Hear and decide in accordance with the provisions of the zoning section of this chapter, requests for interpretation of the zoning map or Section 25-30 of this chapter or for decisions upon other special questions upon which such board is authorized to pass by the zoning provisions of this chapter.
c.
1.
Where:
(a)
By reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting the specific piece of property, or (c) by reasons of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Section 25-30 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
2.
Where in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Section 25-30 of this chapter; provided however, that no variance from those departures enumerated in paragraph d of this subsection shall be granted under this subsection.
d.
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Section 25-30 of this chapter to permit:
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 pursuant to N.J.S. 40:55D-67 pertaining
solely to a conditional use.
4.
An increase
in the permitted floor area ratio as defined in N.J.S. 40:55D-4.
5.
An increase
in the permitted density as defined in N.J.S. 40:55D-4, except as
applied to the required lot area for a lot or lots for detached one
or two family unit buildings, which lot or lots are either an isolated
undersized lot or lots resulting for a minor subdivision.
6.
A height
of a principal structure which exceeds by 10 feet or 10% the maximum
height permitted in the district for a principal structure. A variance
under this paragraph shall be granted only by an affirmative vote
of at least five members.
|
If an application for development requests one or more variances
but not a variance for a purpose enumerated in paragraph d of this
subsection, the decision on the requested variance or variances shall
be rendered under paragraph c of this subsection.
|
No variance or other relief may be granted under the
terms of this subsection 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
zoning ordinance.
e.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Section 25-30 for a residential or principal nonresidential use shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Ord. No. 11/78; Ord. No. 5/24/82 § 606]
a.
Appeals
to the Board of Adjustment may be taken by any interested party affected
by a decision of the Administrative Official of the Borough based
on or made in the Enforcement of the Zoning Ordinance or Official
Map. Such appeal shall be taken within 65 days by filing a notice
of appeal with the administrative official specifying the grounds
of such 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.
b.
A developer
may file an application for development with the Board of Adjustment
for action under any of its powers without prior application to the
administrative official.
c.
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 Section 25-18 of this chapter, for conditional use approval pursuant to Section 25-18 of this chapter whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to subsection 25-10.1d of this chapter.
d.
Whenever
an application for development requests relief pursuant to paragraph
c of this subsection, the Board of Adjustment shall grant or deny
approval of the application within 120 days after submission by a
developer of a complete application to the administrative official
or within such further time as may be consented to by the applicant.
Failure of the Board of Adjustment to act within the period prescribed
shall constitute approval of the application and a certificate of
the secretary of the Board of Adjustment as to the failure of the
Board of Adjustment 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.
Whenever
review or approval of the application by the County Planning Board
is required by Section 5 of P.L. 1968, C.285, in the case of a subdivision,
or Section 8 of P.L. 1968, C.285, in the case of a site plan, the
Board of Adjustment shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or by failure to report thereupon within the required
time.
f.
Application
under this subsection may be referred to any appropriate person or
agency for its report; provided that such reference shall not extend
the period of time within which the Zoning Board of Adjustment shall
act.
g.
An appeal
to the Board of Adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the administrative official from whose action 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 case, proceedings shall not be stayed
other than by an order of the Superior Court upon notice to the officer
from whom the appeal is taken and undue cause shown.
[Ord. No. 11/78; Ord. No. 5/24/82 § 607]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of C.291 P.L. 1975 or amendments
thereto or subsequent statutes applying or the Pinelands Comprehensive
Management Plan, reverse or affirm wholly or partly or may modify
the order, requirements, decision, or determination appealed from,
and make such other requirement, decision or determination as ought
to be made, and to that end have all powers of the Administrative
Official from whom the appeal was taken.
[Ord. No. 11/78; Ord. No. 5/24/82 § 608]
Any variance from the terms of this chapter hereafter granted
by the Board of Adjustment permitting the erection or alteration of
any 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
within nine months from the date of entry of the judgment or determination
of the Board of Adjustment; except however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the Board of Adjustment to
the Governing Body, or to a court of competent jurisdiction, until
the termination in any manner of such appeal or proceeding.
[Ord. No. 11/78; Ord. No. 5/24/82 § 609]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 25-10.1 have power given by law to:
a.
Direct
issuance of a permit pursuant to N.J.S. 40:55D-34 for a building or
structure in the bed of a mapped street or public drainageway, flood
control basin or public area reserved on the official map.
b.
Direct
issuance of a permit pursuant to N.J.S. 40:55D-36 for a building or
structure not related to a street.
c.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions and following the same procedures prescribed in this chapter, as the Planning Board subdivision or site plan approval pursuant to Article 5 of ch. 291 P.L. 1975 or conditional use approval pursuant to N.J.S. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to subsection 25-10.1d of this chapter.
[Ord. No. 11/78; Ord. No. 5/24/82 § 610; Ord. No. 7/20/89 § 8]
The Board of Adjustment shall render its decision not later
than 120 days after the date (a) an appeal is taken from the decision
of the administrative official, or (b) the submission of complete
application for development to the Board pursuant to the provisions
of N.J.S. 40:55D-70(b).
Failure of the Board to render a decision within such 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
In the Pinelands Area (Lakehurst), notwithstanding the provisions of this section, approvals granted as a result of the approving authority’s failure to act within the prescribed time period shall not become effective until the requirements of subsection 25-4.7 paragraphs d.3 and e are met.
[Ord. No. 11/78; Ord. No. 5/24/82 § 700; Ord. No. 95-13 § 7]
No member of the Planning Board shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
[Ord. No. 11/78; Ord. No. 5/24/82 § 701; Ord. No. 95-13 § 7]
a.
Meetings
of the Planning Board shall be scheduled not less than once a month
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
b.
Special
meetings may be provided for at the call of the Chairman or on the
request of any two Board members, which shall be held on notice to
its members and the public in accordance with all applicable legal
requirements.
c.
No action
shall be taken at any meeting without a quorum being present.
d.
All actions
shall be taken by majority vote of a quorum except as otherwise required
by any provision of C.291 Laws of N.J. 1975.
e.
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 Meetings Law, ch. 231, Laws of N.J. 1975. An executive
session for the purpose of discussing and studying any matters to
come before the Board shall not be deemed a regular or special meeting
in accordance with the provisions of N.J.S. 40:55D-9.
[Ord. No. 11/78; Ord. No. 5/24/82 § 702]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, 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 Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board. Copies of the minutes shall be forwarded
to the Municipal Clerk, Planning Board Engineer, Municipal Engineer,
the Planning Board Attorney, the Administrative Official, and the
Pinelands Commission.
[Ord. No. 11/78; Ord. No. 5/24/82 § 703; Ord. No. 95-13 § 7]
Fees and documents for applications or for the rendering of
any service by the Planning Board or any member of their administrative
staffs which is not otherwise provided by this chapter and may be
provided for and adopted as part of the rules of the Board and copies
of the rules shall be available to the public.
[Ord. No. 11/78; Ord. No. 5/24/82 § 704; Ord. No. 12/82 § VI; Ord.
No. 95-13 § 7]
a.
Rules. The Planning Board may make rules governing the conduct
of hearings before such bodies which rules shall not be inconsistent
with the provisions of N.J.S 40:55D-1 et seq. of this chapter.
b.
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” P.L. 1953, C. 1938 N.J.S 2A:67A-1 et seq.
shall apply.
c.
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 witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable
to the hearing, but the Board may exclude irrelevant, immaterial or
unduly repetitious evidence.
e.
Records. The Board shall provide for the verbatim recording
of the proceedings by either stenographer, mechanical or electronic
means at the expense of the Board. The Board shall furnish a transcript
or duplicate recording in lieu thereof on request to any interested
party at his expense.
f.
Pinelands Commission Participation in Public Hearings. The
Pinelands Commission may participate in a hearing held in the Borough
of Lakehurst involving the development of land in the Pinelands Area
pursuant to N.J.A.C. 7:50-4.26.
[Ord. No. 11/78; Ord. No. 5/24/82 § 706; Ord. No. 7/20/89 § 10]
Whenever public notice of a hearing is required on an application
for development pursuant to N.J.S. 40:55D-10 et seq. and this chapter
the applicant shall give notice thereof as follows:
a.
Public
notice shall be given by publication in the official newspaper of
the municipality at least 10 days prior to the date of the scheduled
hearing.
b.
Notice
shall be given to the owners of all real property as shown on the
current tax duplicate or duplicates located within 200 feet in all
directions of the property which is the subject to such hearing and
whether located within or without the municipality in which applicant’s
land is located. Such notice shall be given by: (1) serving a copy
thereof on the owner as shown on the 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 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.
c.
Notice
of all hearings on application for development involving property
located within 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
pursuant to subsection 25-11.66 of this section to the owners of lands
in such adjoining municipality which are located within 200 feet of
the subject premises.
d.
Notice
shall be given by personal service or certified mail to the County
Planning Board of a hearing on an application 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 200 feet of a municipal boundary.
e.
Notice
shall be given by personal service or certified mail to the Commissioner
of Transportation of a hearing on an application for development of
property adjacent to a State highway.
f.
Notice
shall be given by personal service or certified mail to the State
Planning Commission of a 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 Municipal Clerk pursuant to Section 6b of C.291 Laws of N.J.
1975.
g.
All notices
hereinabove specified in this subsection shall be given at least 10
days prior to the date fixed for hearing and the applicant shall file
an affidavit of proof of service with the Board.
h.
Any notice
made by certified mail as hereinabove required shall be deemed complete
upon mailing in accordance with the provisions of N.J.S. 40:55D-14.
i.
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, describe and specify design and/or performance standards
exceptions requested if applicable, 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 Municipal Tax Assessor’s
office and the location and times at which any maps and documents
for which approval is sought are available as required by law.
[Ord. No. 11/78; Ord. No. 5/24/82 § 707; Ord. No. 7/20/89 § 11]
Pursuant to the provisions of N.J.S. 40:55D-12C, the Administrative Officer of the municipality shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 25-11.6b of this chapter.
[Ord. No. 11/78; Ord. No. 5/24/82 § 708; Ord. No. 7/20/89 § 12]
a.
Each
decision on any application for development shall be set forth in
writing as a resolution of the Board which shall include findings
of fact and legal conclusion based thereon.
b.
A copy
of the decision shall be mailed by the Board within 10 days of the
date of decision to the applicant, or if represented, then to his
attorney, without separate charge. A copy of the decision shall also
be mailed to all persons who have requested it and who have paid the
$2 fee for such service. A copy of the decision shall also be filed
in the office of the Municipal Clerk, who shall make a copy of such
filed decision available to any interested party upon payment of a
fee calculated in the same manner as those established for copies
of other public documents in the municipality.
|
These provisions shall not apply to those types of development set forth in subsection 25-4.2.
|
[Ord. No. 11/78; Ord. No. 5/24/82 § 709; Ord. No. 7/20/89 § 13]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be promptly arranged by the applicant. The ten-day period of time
in which an appeal of the decision may be made shall run from first
day of publication of the decision.
[Ord. No. 11/78; Ord. No. 5/24/82 § 710; Ord. No. 7/20/89 § 14; Ord.
No. 95-13 § 7]
a.
Pursuant
to the provisions of N.S.A. 40:55D-39 and 40:55D-65, every application
for development submitted to the Planning Board shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject to such application.
b.
Pursuant
to N.S.A. 40:55D-481 et seq. a corporation “or partnership”
applying to the Planning Board for permission to subdivide a parcel
of land into six or more lots, or applying for a variance to construct
a multiple dwelling of 25 or more family units or for approval of
a site plan to be used for commercial purposes shall list the names
and addresses of all stockholders “or individual partners”
owning at least 10% of the interest in the partnership, as the case
may be.
c.
If a
corporation “or partnership” owns 10% or more of the stock
of a corporation, “or 10% or greater interest in a partnership”,
subject to disclosure pursuant to paragraph b above, that corporation
“or partnership” shall list the names and addresses of
its stockholders holding 10% or more of its stock “or of 10%
or greater interest in the partnership, as the case may be”,
and this requirement shall be followed by every corporate stockholder
“or partner in a partnership”, until the names and addresses
of the noncorporate stockholders and individual partners, exceeding
the 10% ownership criterion established above have been listed.
[Ord. No. 11/78; Ord. No. 5/24/82 § 711; Ord. No. 7/20/89 § 15]
The Borough Clerk shall file, with the County Planning Board
and the Pinelands Commission, as soon after passage as possible, all
development regulations, including this chapter and any amendments
or revisions thereto, and file and maintain for public inspection
copies of the regulations in the office of the Clerk.
[Ord. No. 2003-10]
The regulations for this district are designed for certain types
of housing, office accommodations and uses, which are necessary and
desirable to the general welfare of the Borough. This district has
been located and special procedures established in order to complete
a diversified development of the Borough, and to stimulate the development
of the areas chosen for the following reasons:
a.
The land
values of the area chosen require intensifying the use of the lands
by placing more units per gross land area;
b.
There
is a need to promote residential home ownership in this area;
c.
This
need arise from proximity of the area to the downtown business area,
availability of open space and vacant land, nearness to Borough facilities,
and rail and other mass transit service.
d.
The proposed
uses fit in with existing and future traffic patterns, road improvements,
and rail service.
e.
Consideration
is given to proximity of rail lines and planning shall be used to
ensure the stability of the environment of a character in harmony
with surrounding development by proper land and architectural controls.
[Ord. No. 2003-10]
shall mean the form of ownership of real property under a
master deed providing for ownership by one or more owners of improvements
together with an undivided interest in common elements appurtenant
to each unit.
shall mean businesses and professional offices.
shall mean an association of either townhouse unit or condominium
unit owners organized under the Nonprofit Corporation Act of the State
of New Jersey.
shall mean a condominium or townhouse complex.
shall mean a structure that contains three or more attached
single-family dwelling units arranged in a side-by-side configuration,
each unit separated from others by a wall extending from ground to
roof, situated on a fee simple lot as defined as under the control
of the occupant for their private use, including both a front and
rear yard having frontage on a public or private street or common
area.
[Ord. No. 2003-10]
All other uses shall be prohibited.
[Ord. No. 2003-10]
c.
d.
Condominium:
[Ord. No. 2003-10]
To preserve and protect the character and value of the surrounding
neighborhoods, thereby promoting the general welfare, all uses other
than single-family detached and two-family detached dwellings and
their accessory uses shall provide buffer areas along all side and
rear property lines which abut areas zoned residential, or have a
non-conforming pre-existing residential dwelling.
b.
General
areas/common areas: All property shall be landscaped with at least
grass or other ground cover, and in addition shall have trees, as
approved by the Planning Board, planted in a ratio of not less than
10 per acre in multifamily property and a minimum of two shrubs or
one tree per 250 square feet in commercial property in all areas of
the site not occupied by buildings, pavement, sidewalks, this is in
addition to any required screening.
c.
Screening:
1.
A solid
masonry wall not less than five feet six inches above finish grade.
2.
A solid
fence with an uniform surface treatment constructed of a naturally
durable material surface not less than six feet above finish grade.
3.
A densely
landscaped evergreen planted at 30 inches on center in a single row
or at five feet on center in two staggered rows, having a minimum
height of five feet above grade at planting with a projected minimum
growth to six feet above grade.
d.
Exceptions:
At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less shall be
provided in lieu of evergreen trees; or when contiguous to a fence
or wall, the same in a height of 24 inches.
e.
Sprinkler
system. All property developed as either commercial or multi-family
shall have an in the ground sprinkler system, separately metered or
well supplied, installed to adequately maintain all landscaped areas
to include common/general areas and landscaped screening.
[Ord. No. 2003-10]
c.
Multi-family
dwellings:
1.
All
common parking areas in multi-family areas, shall be owned, operated
and maintained by either a homeowner’s association or condominium
association, whichever is applicable.
2.
In a
townhouse project, if private residential garages are provided they
shall be an integral part of the townhouse units and not separate
structures and accessible from a roadway or access aisle.
3.
Private
residential garages shall be included in the calculation of minimum
off-street parking to be furnished in the project, and when in conjunction
with a driveway at least 18 feet in length from the face of the garage
to the right-of-way shall count as two spaces.
4.
Parking
spaces shall have a width of nine feet and length of 18 feet.
d.
Internal
roadways will be constructed in accordance with the standards for
public streets in this chapter.
[Ord. No. 2003-10]
a.
In any
multi-family project a homeowner’s association shall be established
for the purpose of owning and assuming ownership and maintenance responsibilities
for the common open space and common property designated within the
multi-family development.
b.
The homeowner’s
association shall be responsible for the following:
1.
Snowplowing.
2.
Snow
removal.
3.
Solid
waste storage, collection, disposal and recycling:
(a)
There shall be provided at least one outdoor refuse storage area
of at least 100 square feet, suitably located and arranged for access
and ease collection and shall not be a part of, restrict or occupy
any parking aisle and shall not be located further than 200 feet from
the entrance to any unit which it is intended to serve.
(b)
The storage area shall be screened with a masonry wall in compliance
with Subsection 25-13.6c.1.
4.
The
replacement, repair and maintenance of all private utilities, street
lighting, internal roadway improvements, access drive and parking
lot improvements, curbs, sidewalks, landscaping, common open space
and recreation facilities and equipment.
c.
As provided
by law the homeowner’s association will encourage homeownership
and discourage developed rental units.
[Ord. No. 2003-10]
a.
Interior
developed roads, parking areas, dwelling entranceways and pedestrian
walks shall be provided with sufficient illumination to minimize hazards
to pedestrians and vehicles utilizing the same, but in no case shall
lighting be less than is required to provide a minimum lighting level
of 0.5 horizontal footcandle throughout such areas from dawn to dusk.
[Ord. No. 2003-10]
a.
An architectural
theme shall be utilized within the complex to form an aesthetically
pleasing environment for the occupants, and to enhance the surrounding
residential neighborhood.
b.
In a
townhouse complex a variety of design elements will be utilized to
avoid a monotonous and repetitive appearance of the units
c.
No multi-family
dwelling shall have a length greater than 200 feet.
d.
No windows,
door or other opening shall be installed in any common wall between
units. However, where a two-story unit adjoins a single-story unit,
windows may be installed in the second story wall of the unit.
e.
When
an end unit of a row does not side on a street, an open space of at
least 16 feet in width shall be provided between the adjacent rows
of units.
[Ord. No. 2004-12; Ord. No. 2007-09]
Investigations and hearings conducted by the Borough Council
and the Planning Board have designated the following Blocks and Lots
as “Need for Redevelopment” areas:
[Ord. No. 2004-12; Ord. No. 2008-10]
a.
Block
31 Lots 1 and 2. The Redevelopment Plan prepared by Remington, Vernick
and Vena Engineers at the direction of the Mayor and Council, and
on file in the Office of the Borough Clerk available for public inspection,
and reviewed and approved by the Planning Board with the following
modification is hereby adopted:
b.
Block
23 Lot 1.01. The Redevelopment Plan prepared by Remington, Vernick
and Vena Engineers at the direction of the Mayor and Council, and
on file in the Office of the Borough Clerk available for public inspection,
and reviewed and approved by the Planning Board for an industrial/office
park in compliance with the re-examination report of the Lakehurst
Master Plan is hereby adopted.
1.
All
redevelopment must comply with the Lakehurst Master Plan and be consistent
with the redevelopment plan of the designated Block and Lot, and be
consistent with anti-encroachment to Naval Air Engineering Station
(NAES) Lakehurst.
2.
The
Borough may negotiate directly with any redeveloper having interest
in the aforementioned property, or contractual obligations furthering
the mission of NAES Lakehurst, or its subsequent military installation
successor, in its preparation and enhancement of the war-fighter role.
[Ord. No. 2006-07; Ord. No. 2008-09; Ord.
No. 2009-09; amended in entirety 3-4-2021 by Ord. No. 2021-03.]
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Policy Statement.
1.
Flood control, groundwater recharge, and pollutant reduction shall
be achieved through the use of stormwater management measures, including
green infrastructure Best Management Practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low impact development
(LID) should be utilized to meet the goal of maintaining natural hydrology
to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs and LID should
be developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and
groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirement and controls for "major development" as defined below in subsection 25-16.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements.
1.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the Applicant
of the responsibility to secure required permit or approvals for activities
regulated by any other applicable code, rule, act or ordinance. In
their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
public health, safety and general welfare.
2.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive or stringent provisions
or higher standards shall control.
[Amended 3-4-2021 by Ord. No. 2021-03]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Means the propagation, rearing and subsequent harvesting
of aquatic organisms in controlled or selected environments, and their
subsequent processing, packaging and marketing, including but not
limited to, activities to intervene in the rearing process to increase
production such as stocking, feeding, transplanting and providing
for protection from predators.
Means the Land Use Board or other board, agency or official
of the Borough of Lakehurst with authority to approve or disapprove
subdivisions, site plans, construction permits, building permits or
other applications for development approval. For the purposes of reviewing
development applications and ensuring compliance with the requirements
of this section, the Borough of Lakehurst may designate the municipal
engineer or other qualified designee to act on behalf of the Borough
of Lakehurst.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means either a written statement signed and sealed by a licensed
New Jersey Professional Engineer attesting that a BMP design or stormwater
management system conforms to or meets a particular set of standards
or to action taken by the Commission pursuant to N.J.A.C. 7:50-3,
Part II or Part IV. Depending upon the context in which the term is
use, the terms "certify" and "certified" shall be construed accordingly.
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
Means the increase in soil bulk density caused by subjecting
soil to greater-than-normal loading. Compaction can also decrease
soil infiltration and permeability rates.
Means the construction, erection, reconstruction, alteration,
conversion, demolition, removal or equipping of buildings, structures
or components of a stormwater management system including but not
limited to collection inlets, stormwater piping, swales and all other
conveyance systems, and stormwater BMPs.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means an agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means the tested permeability rate with a factor of safety
of two applied to it (e.g., if the tested permeability rate of the
soils is four inches per hour, the design rate would be two inches
per hour).
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, NJSA 40:55D-1
et seq.
|
In the case of development on agricultural land,
i.e. lands used for an agricultural use or purpose as defined at N.J.A.C.
7:50-2.11, development means: any activity that requires a State permit;
any activity reviewed by the County Agricultural Boards (CAB) and
the State Agricultural Development Committee (SADC), and municipal
review of any activity not exempted by the Right to Farm Act, N.J.S.A.
4:1C-1 et seq.
|
Means all development other than major development.
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a BMP, a stormwater management system,
a particular receiving waterbody, or a particular point along a receiving
waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened animal species;
threatened or endangered plants of the Pinelands pursuant to N.J.A.C.
7:5-6.27(a); large areas of contiguous open space or upland forest;
steep slopes; and well head protection and groundwater recharge areas.
T & E habitat constitutes habitat that is critical for the survival
of a local population of threatened and endangered species or habitat
that is identified using the Department's Landscape Project as
approved by the Department's Endangered and Non-game Species
Program, whichever is more inclusive. Threatened and endangered wildlife
shall be protected in conformance with N.J.A.C. 7:50-6.33.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means the approval by the approving authority of a variance
or other material departure from strict compliance with any section,
part, phrase, or provision of this section. An exception may be granted
only under certain specific, narrowly defined conditions described
herein and does not constitute a waiver of strict compliance with
any section, part, phrase, or provision of the Pinelands Comprehensive
Management Plan (N.J.A.C. 7:50-1.1 et seq.).
Means a facility constructed through filling and/or excavation
that provides temporary storage of stormwater runoff. It has an outlet
structure that detains and attenuates runoff inflows and promotes
the settlement of pollutants. An extended detention basin is normally
designed as a multi-stage facility that provides runoff storage and
attenuation for both stormwater quality and quantity management. The
term "stormwater detention basin" shall have the same meaning as "extended
detention basin."
Means the elevation of the surface of the ground after completion
of final grading, either via cutting, filling, or a combination thereof.
Means modification of a land slope by cutting and filling
with the native soil or re-distribution of the native soil which is
present at the site.
Means a stormwater management measure that manages stormwater
close to its source by:
Means water below the land surface in a zone of saturation.
Means a test performed to demonstrate that the groundwater
below a stormwater infiltration basin will not "mound up," encroach
on the unsaturated zone, break the surface of the ground at the infiltration
area or downslope, and create an overland flow situation.
Means equipment, machinery, or vehicles that exert ground
pressure in excess of eight pounds per square inch.
Means an area in an industrial or commercial development
site: where solvents and/or petroleum products are loaded/unloaded,
stored, or applied; where pesticides are loaded/unloaded or stored;
where hazardous materials are expected to be present in greater than
"reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; where recharge would be inconsistent
with NJDEP- approved remedial action work plan or landfill closure
plan; and/or where a high risk exists for spills of toxic materials,
such as gas stations and vehicle maintenance facilities. The term
"HPLA" shall have the same meaning as "High Pollutant Loading Area."
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Means a monetary fee collected by the Borough in lieu of
requiring strict on-site compliance with the groundwater recharge,
stormwater runoff quantity and/or stormwater runoff quality standards
established in this section.
Is the process by which precipitation enters the soil through
its surface.
Means to assemble, construct, put in place or connect components
of a stormwater management system.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development", as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of paragraphs a and b above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Means acts necessary to prevent, limit, remedy or compensate
for conditions that may result from those cases where an applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in a local
ordinance which is as protective as N.J.A.C. 7:8, and an exception
from strict compliance is granted by the Borough and the Pinelands
Commission.
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with subsection 25-16.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
Means the New Jersey Department of Environmental Protection.
Means the New Jersey Pollutant Discharge Elimination System
as set forth in N.J.S.A 58:10A-1 et seq. and in N.J.AC. 7:14A.
Means a permit issued by the NJDEP pursuant to the authority
of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and
N.J.A.C. 7:14A for a discharge of pollutants.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a stormwater management measure, strategy or combination
of strategies that reduces adverse stormwater runoff impacts through
sound site planning and design. Nonstructural BMPs include such practices
as minimizing site disturbance, preserving important site features,
reducing and disconnecting impervious cover, flattening slopes, utilizing
native vegetation, minimizing turf grass lawns, maintaining natural
drainage features and characteristics and controlling stormwater runoff
and pollutants closer to the source. The term "Low Impact Development
technique" shall have the same meaning as "nonstructural BMP."
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means the rate at which water moves through a saturated unit
area of soil or rock material at hydraulic gradient of one, determined
as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test), N.J.A.C.
6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test). Alternative
permeability test procedures may be accepted by the approving authority
provided the test procedure attains saturation of surrounding soils,
accounts for hydraulic head effects on infiltration rates, provides
a permeability rate with units expressed in inches per hour and is
accompanied by a published source reference. Examples of suitable
sources include hydrogeology, geotechnical, or engineering text and
design manuals, proceedings of American Society for Testing and Materials
(ASTM) symposia, or peer-review journals. Neither a Soil Permeability
Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation
Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for
establishing permeability values for the purpose of complying with
this section.
Means having a permeability of one inch per hour or faster.
The terms "permeable soil," "permeable rock" and "permeable fill"
shall be construed accordingly.
Means any individual, corporation, company, partnership,
firm, association, municipality or political subdivision of this State
subject to municipal jurisdiction pursuant to the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq. Person shall also mean any state, interstate,
or Federal Agency.
Means the New Jersey Pinelands Comprehensive Management Plan
(N.J.A.C. 7:50 1.1 et seq.).
Means the Commission created pursuant Section 5 of the Pinelands
Protection Act, N.J.S.A. 13:18A-5.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substances (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, suspended solids, cellar dirt,
industrial, municipal, agricultural, and construction waste or runoff,
or other residue discharged directly or indirectly to the land, groundwaters
or surface waters of the State, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
Means a person licensed to practice Professional Engineering
in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means one of two or more soil samples or tests taken at the
same location (within five feet of each other) and depth, within the
same soil horizon or substratum. In the case of fill material, replicate
tests are tests performed on sub- samples of the same bulk sample
packed to the same bulk density.
Means a particle size category consisting of mineral particles which are between 0.05 and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in subsection 25-16.11c1, (USDA Soil Textural Triangle).
Means the upper limit of the shallowest zone of saturation
which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means any material(s) or machinery, located at an industrial
facility that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means unsaturated soil, above the seasonally high water table,
which contains less than 50% by volume of coarse fragments and which
has a tested permeability rate of between one and 20 inches per hour.
Means any waters of the State which are not groundwater.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means the time it takes for runoff to travel from the hydraulically
most distant point of the drainage area to the point of interest within
a watershed.
Means the insoluble solid matter suspended in water and stormwater
that is separable by laboratory filtration in accordance with the
procedure contained in the "Standard Methods for the Examination of
Water and Wastewater" prepared and published jointly by the American
Public Health Association, American Water Works Association and the
Water Pollution Control Federation. The term "TSS" shall have the
same meaning as "Total Suspended Solids."
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the upper surface of a zone of saturation.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface and groundwater, whether natural or
artificial, within the boundaries of New Jersey or subject to its
jurisdiction.
Means a bored, drilled, or driven shaft, or a dug hole, which
extends below the seasonally high-water table and which has a depth
which is greater than its largest surface dimension.
Means a stormwater facility constructed through filling and/or
excavation that provides both permanent and temporary storage of stormwater
runoff. It has an outlet structure that creates a permanent pool and
detains and attenuates runoff inflows and promotes the settling of
pollutants. A stormwater retention basin can also be designed as a
multi-stage facility that also provides extended detention for enhanced
stormwater quality design storm treatment and runoff storage and attenuation
for stormwater quantity management. The term "stormwater retention
basin" shall have the same meaning as "wet pond."
Mean those lands, which are inundated or saturated by water
at a magnitude, duration and frequency 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. Wetlands include lands with poorly
drained or very poorly drained soils as designated by the National
Cooperative Soils Survey of the Soil Conservation Service of the United
States Department of Agriculture. Wetlands include coastal wetlands
and inland wetlands, including submerged lands. The "New Jersey Pinelands
Commission Manual for Identifying and Delineating Pinelands Area Wetlands:
A Pinelands Supplement to the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands," dated January, 1991, as amended, may be
utilized in delineating the extent of wetlands based on the definitions
of wetlands and wetlands soils contained in this section, N.J.A.C.
7:50 2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning
as "wetlands."
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et sew., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 25-16.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection 25-16.4p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of subsection 25-16.4o, p, q and r, may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under subsection 25-16.4d3 within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsection 25-16.4o, p, q and r that were not achievable onsite.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in subsection 25-16.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at:
https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through(g) are found after Table 3)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) are found after Table 3)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at subsection 25-16.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at subsection 25-16.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at subsection 25-16.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with subsection 25-16.6b. Alternative stormwater management measures may be used to satisfy the requirements at subsection 25-16.4o only if the measures meet the definition of green infrastructure at subsection 25-16.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at subsection 25-16.4o2 are subject to the contributory drainage area limitation specified at subsection 25-16.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at subsection 25-16.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with subsection 25-16.4d is granted from subsection 25.16.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design Standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas, wetlands, flood-prone areas, slopes, depth to seasonal
high water table, soil type, permeability and texture, drainage area
and drainage patterns, and the presence of solution-prone carbonate
rocks (limestone).
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir with a minimum spacing between the bars of six inches. In addition, the design of the trash racks must comply with the requirements of subsection 25-16.8c.
3.
Stormwater management measures shall be designed and constructed
to be strong, durable, and corrosion resistant. Measures that are
consistent with the relevant portions of the Residential Site Improvement
Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.8 shall be deemed to meet
these requirements, to minimize and facilitate maintenance and repairs;
and to ensure proper functioning.
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at subsection 25-16.8.
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at subsection 25-16.2 may be used only under the circumstances described at subsection 25-16.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at subsection 25-16.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at subsection 25-16.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 25-16.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a recorded deed notice recorded at the Ocean County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 25-16.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to subsection 25-16.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to subsection 25-16.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Ocean County Clerks office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.
o.
Green Infrastructure Standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at subsection 25-16.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section 25-16f and/or an alternative stormwater management measure approved in accordance with Section 25-16.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with subsection 25-16.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with subsection 25-16.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at subsection 25-16.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at subsection 25-16.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with subsection 24-16.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
2.
The design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 25-16.5 shall either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site.
(b)
Demonstrate through hydrologic and hydraulic analysis that any
increase of the stormwater runoff volume from preconstruction to post
construction for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing,
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
| |||
|
Where:
| |||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
| |
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
| |
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
| |
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in subsection 25-16.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 25-16.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2.a, b and c above is required unless
the design engineer demonstrates through hydrologic and hydraulic
analysis that the increased volume, change in timing, or increased
rate of the stormwater runoff, or any combination of the three will
not result in additional flood damage below the point of discharge
of the major development. No analysis is required if the stormwater
is discharged directly into any ocean, bay, inlet, or the reach of
any watercourse between its confluence with an ocean, bay, or inlet
and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb 1044171.pdf
or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at:
http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControl
StandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Section 5.A.1.a and the Rational and Modified
Rational Methods at Section 5.A.1.b. A runoff coefficient or a groundwater
recharge land cover for an existing condition may be used on all or
a portion of the site if the design engineer verifies that the hydrologic
condition has existed on the site or portion of the site for at least
five years without interruption prior to the time of application.
If more than one land cover has existed on the site during the five
years immediately prior to the time of application, the land cover
with the lowest runoff potential shall be used for the computations.
In addition, there is the presumption that the site is in good hydrologic
condition (if the land use type is pasture, lawn, or park), with good
cover (if the land use type is woods), or with good hydrologic condition
and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater Recharge may be calculated in accordance with the following:
1.
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway,
P.O. Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420; (609)
984-6587.
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to:
The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
c.
Additional Guidance Sources.
1.
New Jersey Pinelands Commission, PO Box 7, 15 Springfield Road, New
Lisbon, New Jersey 08064; Phone: 609-894-7300; Website: http://www.state.nj.us/pinelands.
2.
Ocean County Soil Conservation District, 714 Lacey Road, Forked River,
New Jersey 08731; Phone: 609-971-7002; Fax 609-971-3391; Website:
www.ocscd.org.
3.
New Jersey Department of Transportation, PO Box 600, Trenton, NJ
08625-0600; Phone: 609-530-3536; Website: http://www.state.nj.us/transportation.
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Site design features identified under subsection 25-16.4f above, or alternative designs in accordance with subsection 25-16.4f above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 25-16.7a.2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
A bar screen having a bar spacing of 0.5 inch.
|
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMP's.
This section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMP's. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMP's to be retrofitted to meet one or more of the safety standards in subsection 25-16.8c1, c2, and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 lbs./square feet.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 lbs./square feet.
3.
Stormwater Management BMP's include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps rungs or other features that provide easily accessible means of egress from stormwater management BMP's. With the prior approval of the municipality pursuant to subsection 25-16.8c, a free-standing outlet structure may be exempted from this requirement.
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMP's having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See subsection 25-16.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMP's, the maximum interior
slope for an earthen dam, embankment, or berm shall not be steeper
than three horizontals to one vertical.
d.
Variance or Exemption from Safety Standards.
1.
A variance or exemption from the safety standards for stormwater
management BMP's may be granted only upon a written finding by
the municipality that the variance or exemption will not constitute
a threat to public safety.
e.
Illustration of Safety Ledges in a New Stormwater Management Basin.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Amended 3-4-2021 by Ord. No. 2021-03]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 25-16.9c below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of the Borough's land use ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.
2.
The applicant shall demonstrate that the site development project
meets the standards set forth in this section.
b.
Site Development Stormwater Plan Approval.
The applicant's site development project shall be reviewed
as a part of the subdivision or site plan review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the engineer retained by the Land
Use Board to determine if all of the checklist requirements have been
satisfied and to determine if the project meets the standards set
forth in this section.
c.
Submission of the Site Development Stormwater Plan.
The following information shall be required:
Checklist Requirements. Any application for approval of a major
development shall include at least the following information. All
required engineering plans shall be submitted to the Borough and the
Pinelands Commission in CAD Format 15 or higher, registered and rectified
to NJ State Plane Feet NAD 83 or Shape Format NJ State Plan Feet NAD
83, and all other documents shall be submitted in both paper and commonly
used electronic file formats such as pdf., word processing, database
or spreadsheet files. Three copies of each item shall be submitted.
1.
Topographic Base Map. The applicant shall submit a topographic base
map of the site which extends a minimum of 300 feet beyond the limits
of the proposed development, at a scale of one inch equals 200 feet
or greater, showing one foot contour intervals. The map shall indicate
the following: existing surface water drainage, shorelines, steep
slopes, soils, highly erodible soils, perennial or intermittent streams
that drain into or upstream of any Category One or Pinelands Waters,
wetlands and floodplains along with their appropriate buffer strips,
marshlands and other wetlands, pervious or vegetative surfaces, existing
surface and subsurface human-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown. The Borough or the Pinelands Commission may require
upstream tributary drainage system information as necessary.
2.
Environmental Site Analysis. The applicant shall submit a written
and graphic description of the natural and human-made features of
the site and its environs. This description should include:
(a)
A discussion of environmentally critical areas, soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention should be given to unique, unusual or environmentally sensitive
features and to those that provide particular opportunities for or
constraints on development; and
(b)
Detailed soil and other environmental conditions on the portion
of the site proposed for installation of any stormwater BMPs, including,
at a minimum: soils report based on onsite soil tests; locations and
spot elevations in plan view of test pits and permeability tests;
permeability test data and calculations; and any other required soil
data (e.g., mounding analyses results) correlated with location and
elevation of each test site; cross-section of proposed stormwater
BMP with side-by-side depiction of soil profile drawn to scale and
seasonal high water table elevation identified; and any other information
necessary to demonstrate the suitability of the specific proposed
structural and nonstructural stormwater management measures relative
to the environmental conditions on the portion(s) of the site proposed
for implementation of those measures.
3.
Project description and Site Plan(s). The applicant shall submit
a map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings, roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
(a)
This plan shall provide a demonstration of how the goals and standards of subsections 25-16.3 through 25-16.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The applicant shall submit
a map, at the same scale as the topographic base map, depicting the
following information:
(a)
The total area to be disturbed, paved and/or built upon, proposed
surface contours, land area to be occupied by the stormwater management
facilities and the type of vegetation thereon, and details of the
proposed plan to manage and dispose of stormwater; and
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in subsection 25-16.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 25-16.10.
8.
Exception from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of these required components in subsection 25-16.9c1 thru 9c6 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Amended 3-4-2021 by Ord. No. 2021-03]
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of basin, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under subsection 25-16.10b3 above is not a public agency, the maintenance plan and any future revisions based on subsection 25-16.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under subsection 25-16.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsection 25-16.10b6 and b7 above.
8.
The requirements of subsection 25-16.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Amended 3-4-2021 by Ord. No. 2021-03]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure, or land in violation of
this section shall be subject to the following penalties:
a.
Methods
for Calculating Groundwater Recharge.
1.
The
New Jersey Geological Survey Report GSR-32: A Method for Evaluating
Ground-Water Recharge Areas in New Jersey. Available at http://www.njgeology.org/geodata/dgs99-2.htm.
2.
The New Jersey Groundwater Recharge Spreadsheet (NJGRS). Available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.
b.
NJDEP Nonstructural Strategies Point System. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a), and Subsection 25-16.4a, require nonstructural stormwater management strategies to be incorporated into the site design of a major development. A total of nine strategies are to be used to the maximum extent practical to meet the groundwater recharge, stormwater quality and stormwater quantity requirements of the Rules prior to utilizing structural stormwater management measures. The New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) provides a tool to assist planners, designers and regulators in determining that the strategies have been used to the “maximum extent practical” at a major development as required by the Rules. Refer online to http://www.njstormwater.org for information on the NSPS.
c.
Soils.
1.
USDA
Soil Textural Triangle.
 Source: US Department of Agriculture.
|
2.
A-HORIZON
ARTESIAN ZONE OF SATURATION
CHROMA
CLAY
CLAY LOAM
COARSE FRAGMENT
COUNTY SOIL SURVEY REPORT
DIRECT SUPERVISION
EQUIVALENT SPHERICAL DIAMETER
EXCESSIVELY COARSE HORIZON
EXCESSIVELY COARSE SUBSTRATUM
EXTREMELY FIRM CONSISTENCE
FIRM CONSISTENCE
HARD CONSISTENCE
HUE
HYDRAULICALLY RESTRICTIVE HORIZON
HYDRAULICALLY RESTRICTIVE SUBSTRATUM
LOAMY SAND
LOWER PLASTIC LIMIT
MOTTLING
MUNSELL SYSTEM
O-HORIZON
PERCHED ZONE OF SATURATION
PIEZOMETER
PLATY STRUCTURE
REGIONAL ZONE OF SATURATION
SANDY CLAY
SANDY LOAM
SILT
SILT LOAM
SILTY CLAY
SILTY CLAY LOAM
SOIL AGGREGATE
SOIL COLOR
SOIL CONSISTENCE
SOIL HORIZON
SOIL LOG
SOIL MAPPING UNIT
SOIL PHASE
SOIL PROFILE
SOIL SERIES
SOIL STRUCTURAL CLASS
SOIL STRUCTURE
SOIL TEST PIT
SOIL TEXTURAL CLASS
SOIL TEXTURE
STATIC WATER LEVEL
SUBSTRATUM
UNSUITABLE SOIL
USDA SYSTEM OF CLASSIFICATION
VALUE
VERY FIRM CONSISTENCE
VERY HARD CONSISTENCE
ZONE OF SATURATION
Definitions.
For the purposes of this appendix, the following terms shall have
the meanings herein ascribed to them.
shall mean the uppermost mineral horizon in a normal soil
profile. The upper part of the A-horizon is characterized by maximum
accumulation of finely divided, dark colored organic residues, known
as humus, which are intimately mixed with the mineral particles of
the soil.
shall mean a zone of saturation which exists immediately
below a hydraulically restrictive horizon, and which has an upper
surface which is at a pressure greater than atmospheric, either seasonally
or throughout the year.
shall mean the relative purity or strength of a color, a
quantity which decreases with increasing grayness. Chroma is one of
the three variables of soil color as defined in the Munsell system
of classification.
shall mean a particle size category consisting of mineral
particles which are smaller than 0.002 millimeters in equivalent spherical
diameter. Also, a soil textural class having more than 40% clay, less
than 45% sand, and less than 40% silt, as shown in Section XI.C.1
(USDA Soil Textural Triangle).
shall mean a soil textural class having 27% to 40% clay and
20% to 45% sand, as shown in Subsection 25-16.11c.1 (USDA Soil Textural
Triangle).
shall mean a rock fragment contained within the soil which
is greater than two millimeters in equivalent spherical diameter or
which is retained on a two millimeter sieve.
shall mean a report prepared by the US Department of Agriculture,
Natural Resources Conservation Service which includes maps showing
the distribution of soil mapping units throughout a particular county
together with narrative descriptions of the soil series shown and
other information relating to the uses and properties of the various
soil series.
shall mean control over and direction of work carried out
by others with full knowledge of and responsibility for such work.
of a particle means the diameter of a sphere which has a
volume equal to the volume of the particle.
shall mean a horizon of limited thickness within the soil
profile which provides inadequate removal of pollutants from stormwater
due to a high coarse fragment content, excessively coarse texture
and/or excessively rapid permeability.
shall mean a substratum below the soil profile which extends
beyond the depth of soil profile pits and borings and which provides
inadequate removal of pollutants from stormwater due to a high coarse
fragment content, excessively coarse texture and/or excessively rapid
permeability.
shall mean a type of soil material whose moist aggregated
mass crushes only under very strong pressure; cannot be crushed between
the thumb and forefinger and shall be broken apart bit by bit.
shall mean a type of soil material whose moist aggregated
mass crushes under moderate pressure between the thumb and forefinger
but resistance is distinctly noticeable.
shall mean a type of soil material whose dry aggregated mass
is moderately resistant to pressure; can be broken in the hands without
difficulty but is barely breakable between the thumb and forefinger.
shall mean the dominant spectral color, one of the three
variables of soil color defined within the Munsell system of classification.
shall mean a horizon within the soil profile which slows
or prevents the downward or lateral movement of water and which is
underlain by permeable soil horizons or substrata. Any soil horizon
which has a saturated permeability less than 1.0 inch per hour is
hydraulically restrictive.
shall mean a substratum below the soil profile which slows
or prevents the downward or lateral movement of water and which extends
beyond the depth of profile pits or borings or to a massive substratum.
A substratum which has a saturated permeability less than 1.0 inch
per hour is hydraulically restrictive.
shall mean a soil textural class, as shown in Subsection
25-16.11c.1 (USDA Soil Textural Triangle), that has a maximum of 85%
to 90% sand with a percentage of silt plus 1.5 times the percentage
of clay not in excess of 15; or a minimum of 70% to 85% sand with
a percentage of silt plus 1.5 times the percentage of clay not in
excess of 30.
shall mean the moisture content corresponding to the transition
between the plastic and semi-solid states of soil consistency. This
corresponds to the lowest soil moisture content at which the soil
can be molded in the fingers to form a rod or wire, 1/8 inches in
thickness, without crumbling.
shall mean a color pattern observed in soil consisting of
blotches or spots of contrasting color. The term “mottle”
refers to an individual blotch or spot. The terms “color variegation,”
“iron depletion” and “iron concentration”
are equivalent to the term “mottling.” Mottling due to
redoximorphic reactions is an indication of seasonal or periodic and
recurrent saturation.
shall mean a system of classifying soil color consisting
of an alpha-numeric designation for hue, value and chroma, such as
“7.5 YR 6/2,” together with a descriptive color name,
such as “strong brown.”
shall mean a surface horizon, occurring above the A-horizon
in some soils, which is composed primarily of un-decomposed or partially
decomposed plant remains which have not been incorporated into the
mineral soil.
shall mean a zone of saturation which occurs immediately
above a hydraulically restrictive horizon and which is underlain by
permeable horizons or substrata which are not permanently or seasonally
saturated.
shall mean a device consisting of a length of metal or plastic
pipe, open at the bottom or perforated within a specified interval,
and used for the determination of depth to water, permeability or
hydraulic head within a specific soil horizon or substratum.
Is characterized by a soil aggregate, which has one axis
distinctly shorter than the other two and are oriented with the short
axis vertical.
shall mean a zone of saturation, which extends vertically
without interruption below the depth of soil borings and profile pits.
shall mean a soil textural class having 35% or more of clay
and 45% or more of sand, as shown in subsection 25-16.11c.1 (USDA
Soil Textural Triangle).
shall mean a soil textural class, as shown in Subsection
25-16.11c.1 (USDA Soil Textural Triangle), that has a maximum of 20%
clay, and the percentage of silt plus twice the percentage of clay
exceeds 30, and contains 52% or more sand; or less than 7% clay, less
than 50% silt, and between 43% and 52% sand.
shall mean a particle size category consisting of mineral
particles, which are between 0.002 and 0.05 millimeters in equivalent
spherical diameter. It also means a soil textural class having 80%
or more of silt and 12% or less of clay, as shown in Subsection 25-16.11c.1
(USDA Soil Textural Triangle).
shall mean a soil textural class having 50% or more of silt
and 12% to 27% of clay; or 50% to 80% of silt and less than 12% of
clay, as shown in Subsection 25-16.11c.1 (USDA Soil Textural Triangle).
shall mean a soil textural class having 40% or more of clay
and 40% or more of silt, as shown in Subsection 25-16.11c.1 (USDA
Soil Textural Triangle).
shall mean a soil textural class having 27% to 40% of clay
and less than 20% of sand, as shown in Subsection 25-16.11c.1 (USDA
Soil Textural Triangle).
shall mean a naturally occurring unit of soil structure consisting
of particles of sand, silt, clay, organic matter, and coarse fragments
held together by the natural cohesion of the soil.
shall mean the soil color name and Munsell color designation
determined by comparison of the moist soil with color chips contained
in a Munsell soil color book.
shall mean the resistance of a soil aggregate or clod to
being crushed between the fingers or broken by the hands. Terms for
describing soil consistence described are in N.J.A.C. 7:9A-5.3(h).
shall mean a layer within a soil profile differing from layers
of soil above and below it in one or more of the soil morphological
characteristics including color, texture, coarse fragment content,
structure, consistence and mottling.
shall mean a description of the soil profile which includes
the depth, thickness, color, texture, coarse fragment content, mottling,
structure and consistence of each soil horizon or substratum.
shall mean an area outlined on a map in a County Soil Survey
Report and marked with a letter symbol designating a soil phase, a
complex of two or more soil phases, or some other descriptive term
where no soil type has been identified.
shall mean a specific type of soil which is mapped by the
Natural Resources Conservation Service and which belongs to a soil
series described within the County Soil Survey Report.
shall mean a vertical cross-section of undisturbed soil showing
the characteristic horizontal layers or horizons of the soil which
have formed as a result of the combined effects of parent material,
topography, climate, biological activity and time.
shall mean a grouping of soil types possessing a specific
range of soil profile characteristics, which are described within
the County Soil Survey Report. Each soil series may consist of several
“soil phases” which may differ in slope, texture of the
surface horizon or stoniness.
shall mean one of the shape classes of soil structure described
in N.J.A.C. 7:9A-5.3(g).
shall mean the naturally occurring arrangement, within a
soil horizon, of sand, silt and clay particles, coarse fragments and
organic matter, which are held together in clusters or aggregates
of similar shape and size.
shall mean an excavation made for the purpose of exposing
a soil profile which is to be described.
shall mean one of the classes of soil texture defined within
the USDA system of classification. (Soil Survey Manual, Agricultural
Handbook No. 18, USDA Soil Conservation Service 1962.)
shall mean the relative proportions of sand, silt and clay
in that portion of the soil which passes through a sieve with two
millimeter openings.
shall mean the depth below the ground surface or the elevation
with respect to some reference level, of the water level observed
within a soil profile pit or boring, or within a piezometer, after
this level has stabilized or become relatively constant with the passage
of time.
shall mean a layer of soil or rock material present below
the soil profile and extending beyond the depth of soil borings or
profile pits.
shall mean all soil other than suitable soil.
shall mean the system of classifying soil texture used by
the United States Department of Agriculture, which defines 12 soil
textural classes based upon the weight percentages of sand, silt and
clay in that portion of the soil, which passes through a sieve with
two millimeter openings. The soil textural classes are shown graphically
on the USDA Soil Textural Triangle, as shown in Subsection 25-16.11c.1.
shall mean the relative lightness or intensity of a color,
one of the three variables of soil color defined within the Munsell
system of classification.
is characterized by a moist soil which crushes under strong
pressure; barely crushable between thumb and forefinger.
is characterized by a dry soil which is resistant to pressure,
can be broken in the hands only with difficulty; not breakable between
the thumb and forefinger.
shall mean a layer within or below the soil profile which
is saturated with ground water either seasonally or throughout the
year. This includes both regional and perched zones.
3.
Methods
for Assessing Soil Suitability for Infiltration Stormwater Management
BMPs. The results of a subsurface investigation shall serve as the
basis for the site selection and design of stormwater infiltration
BMPs. The subsurface investigation shall include, but not be limited
to, a series of soil test pits and soil permeability tests conducted
in accordance with the following:
(a)
All soil test pits and soil permeability results shall be performed
under the direct supervision of a Professional Engineer. All soil
logs and permeability test data shall be accompanied by a certification
by a Professional Engineer. The results and location (horizontal and
vertical) of all soil test pits and soil permeability tests, both
passing and failing, shall be reported to the Borough.
(b)
During all subsurface investigations and soil test procedures, adequate
safety measures shall be taken to prohibit unauthorized access to
the excavations at all times. It is the responsibility of persons
performing or witnessing subsurface investigations and soil permeability
tests to comply with all applicable Federal, State and local laws
and regulations governing occupational safety.
(c)
A minimum of two soil test pits shall be excavated within the footprint
of any proposed infiltration BMP to determine the suitability and
distribution of soil types present at the site. Placement of the test
pits shall be within 20 feet of the basin perimeter, located along
the longest axis bisecting the BMP. For BMPs larger than 10,000 square
feet in area, a minimum of one additional soil test pit shall be conducted
within each additional area of 10,000 square feet. The additional
test pit(s) shall be placed approximately equidistant to other test
pits, so as to provide adequate characterization of the subsurface
material. In all cases, where soil and or groundwater properties vary
significantly, additional test pits shall be excavated in order to
accurately characterize the subsurface conditions below the proposed
infiltration BMP. Soil test pits shall extend to a minimum depth of
eight feet below the lowest elevation of the basin bottom or to a
depth that is at least two times the maximum potential water depth
in the proposed infiltration BMP, whichever is greater.
(d)
A soil test pit log shall be prepared for each soil test pit. The
test pit log shall, at a minimum, provide the elevation of the existing
ground surface, the depth and thickness (in inches) of each soil horizon
or substratum, the dominant matrix or background and mottle colors
using the Munsell system of classification for hue, value and chroma,
the appropriate textural class as shown on the USDA textural triangle,
the volume percentage of coarse fragments (larger than two millimeters
in diameter), the abundance, size, and contrast of mottles, the soil
structure, soil consistence, and soil moisture condition, using standard
USDA classification terminology for each of these soil properties.
Soil test pit logs shall identify the presence of any soil horizon,
substratum or other feature that exhibits an in-place permeability
rate less than one inch per hour.
(e)
Each soil test pit log shall report the depth to seasonally high
water level, either perched or regional, and the static water level
based upon the presence of soil mottles or other redoximorphic features,
and observed seepage or saturation. Where redoxomorphic features including
soil mottles resulting from soil saturation are present, they shall
be interpreted to represent the depth to the seasonal high water table
unless soil saturation or seepage is observed at a higher level. When
the determination of the seasonally high water table shall be made
in ground previously disturbed by excavation, direct observation of
the static water table during the months of January through April
shall be the only method permitted.
(f)
Any soil horizon or substratum which exists immediately below a perched
zone of saturation shall be deemed by rule to exhibit unacceptable
permeability (less than one inch per hour). The perched zone of saturation
may be observed directly, inferred based upon soil morphology, or
confirmed by performance of a hydraulic head test as defined at N.J.A.C.
7:9A-5.9.
(g)
Stormwater infiltration BMPs shall not be installed in soils that
exhibit artesian groundwater conditions. A permeability test shall
be conducted in all soils that immediately underlie a perched zone
of saturation. Any zone of saturation which is present below a soil
horizon which exhibits an in-place permeability of less than 0.2 inches
per hour shall be considered an artesian zone of saturation unless
a minimum one foot thick zone of unsaturated soil, free of mottling
or other redoximorphic features and possessing a chroma of four or
higher, exists immediately below the unsuitable soil.
(h)
A minimum of one permeability test shall be performed at each soil
test pit location. The soil permeability rate shall be determined
using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter
Test), 6.5 (Pit Bailing Test) or 6.6 (Piezometer Test). When the tube
permeameter test is used, a minimum of two replicate samples shall
be taken and tested. Alternative permeability test procedures may
be accepted by the approving authority provided the test procedure
attains saturation of surrounding soils, accounts for hydraulic head
effects on infiltration rates, provides a permeability rate with units
expressed in inches per hour and is accompanied by a published source
reference. Examples of suitable sources include hydrogeology, geotechnical
or engineering text and design manuals, proceedings of American Society
for Testing and Materials (ASTM) symposia, or peer-review journals.
Neither a Soil Permeability Class Rating Test, as described in N.J.A.C.
7:9A-6.3, nor a Percolation Test, as described in N.J.A.C. 7:9A-6.4,
are acceptable tests for establishing permeability values for the
purpose of complying with this ordinance.
(i)
Soil permeability tests shall be conducted on the most hydraulically
restrictive horizon or substratum to be left in place below the basin
as follows. Where no soil replacement is proposed, the permeability
tests shall be conducted on the most hydraulically restrictive horizon
or substratum within four feet of the lowest elevation of the basin
bottom or to a depth equal to two times the maximum potential water
depth within the basin, whichever is greater. Where soil replacement
is proposed, the permeability tests shall be conducted within the
soil immediately below the depth of proposed soil replacement or within
the most hydraulically restrictive horizon or substratum to a depth
equal to two times the maximum potential water depth within the basin,
whichever is greater. Permeability tests may be performed on the most
hydraulically restrictive soil horizons or substrata at depths greater
than those identified above based upon the discretion of the design
or testing engineer. The tested infiltration rate should then be divided
by two to establish the soil’s design permeability rate. Such
division will provide a 100% safety factor to the tested rate.
(j)
The minimum acceptable “tested permeability rate” of
any soil horizon or substratum shall be one inch per hour. Soil materials
that exhibit tested permeability rates slower than one inch per hour
shall be considered unsuitable for stormwater infiltration. The maximum
reportable “tested permeability rate” of any soil horizon
or substratum shall be no greater than 20 inches per hour regardless
of the rate attained in the test procedure.
(k)
After all construction activities have been completed on the development
site and the finished grade has been established in the infiltration
BMP, a minimum of one permeability test shall be conducted within
the most hydraulically restrictive soil horizon or substratum below
the as-built BMP to ensure the performance of the infiltration BMP
is as designed. Hand tools and manual permeability test procedures
shall be used for the purpose of confirming BMP performance. In addition,
the infiltration BMP shall be flooded with water sufficient to demonstrate
the performance of the BMP. Test results shall be certified to the
municipal engineer.
(l)
A groundwater mounding analysis shall be provided for each stormwater
infiltration BMP. The groundwater mounding analysis shall calculate
the maximum height of the groundwater mound based upon the volume
of the maximum design storm. The Professional Engineer conducting
the analysis shall provide the municipal engineer with the methodology
and supporting documentation for the mounding analysis used and shall
certify to the Borough, based upon the analysis, that the groundwater
mound will not cause stormwater or groundwater to breakout to the
land surface or cause adverse impact to adjacent surface water bodies,
wetlands or subsurface structures including but not limited to basements
and septic systems. If there is more than one infiltration BMP proposed,
the model shall indicate if and how the mounds will interact. The
mounding analysis shall be calculated using the most restrictive soil
horizon that will remain in place within the explored aquifer thickness
unless alternative analyses is authorized by the municipal engineer.
The mounding analysis shall be accompanied by a cross section of the
infiltration BMP and surrounding topography and the mound analysis
shall extend out to the point(s) at which the mound intersects with
the preexisting maximum water table elevation.
(m)
The applicant shall demonstrate that stormwater infiltration BMPs
meet the seventy-two-hour drain time requirement established in Subsection
25-16.5b.1.
d.
Pretreatment
measures for infiltration BMPs. By reducing incoming velocities and
capturing coarser sediments, pretreatment can extend the functional
life and increase the pollutant removal capability of infiltration
measures. Therefore, the installation of pretreatment measures is
recommended for all development sites. Pretreatment measures may include,
but are not limited to, the following:
e.
Collection
and Conveyance.
1.
Bicycle-safe
inlet grates. Site development plans that incorporate site design
features that help to prevent discharge of trash and debris from drainage
systems shall comply with the following standard to control passage
of solid and floatable materials through storm drain inlets. For purposes
of this paragraph, “solid and floatable materials” means
sediment, debris, trash, and other floating, suspended, or settleable
solids.
(a)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
(2)
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
1/2 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
(b)
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
(c)
This standard does not apply:
(1)
Where the review agency determines that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
(2)
Where flows from the water quality design storm as specified in Subsection 25-16.3 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars, to the elevation of the water
quality design storm as specified in Section III of this ordinance;
or
(4)
Where the NJDEP determines, pursuant to the New Jersey Register of
Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet
this standard is an undertaking that constitutes an encroachment or
will damage or destroy the New Jersey Register listed historic property.
2.
Catch
basins. Catch basins are storm drain inlets with or without sumps.
Catch basins may provide pretreatment for other stormwater BMPs by
capturing large sediments. The sediment and pollutant removal efficiency
of catch basins depends on the size of the sump and the performance
of routine maintenance to retain the available sediment storage space
in the sump. Where catch basins with sumps are proposed, the minimum
two feet separation between the bottom of the sump and seasonally
high water table shall be provided.
3.
Open
or perforated conveyance piping. Where adequate separation to the
seasonal high water table exists, stormwater from the development
site may be conveyed to a stormwater basin via a system of perforated
pipes. These pipes may be made of PVC or corrugated metal and are
available with perforations of varying size and spacing. Perforated
pipe specifications shall be certified by a Professional Engineer.
A Professional Engineer shall certify that perforated conveyance piping
will not act to intercept the seasonal high water table and convey
groundwater to the stormwater basin. All open or perforated stormwater
conveyance systems shall be installed with a minimum separation of
two feet from the seasonal high water table.
a.
NJDEP
Technical Guidance Sources.
1.
New
Jersey BMP Manual. Available from the Division of Watershed Management,
New Jersey Department of Environmental Protection, PO Box 418, Trenton,
New Jersey 08625; or online at http://www.njstormwater.org.
2.
NJDEP
Stormwater Management Facilities Maintenance Manual. Available from
the Division of Watershed Management, New Jersey Department of Environmental
Protection, PO Box 418, Trenton, New Jersey 08625; or online at http://njedl.rutgers.edu/ftp/PDFs/1188.pdf.
b.
Additional
Guidance Sources.
1.
New
Jersey Pinelands Commission, PO Box 7, 15 Springfield Road, New Lisbon,
New Jersey 08064; Phone: 609-894-7300; Website: http://www.state.nj.us/pinelands.
2.
State
Soil Conservation Committee Standards for Soil Erosion and Sediment
Control in New Jersey. Available from all State Soil Conservation
Districts, including Burlington County Soil Conservation District,
Tiffany Square, Suite 100, 1289 Route 38, Hainesport, New Jersey 08036;
Phone: 609-267-7410; Fax 609-267-3347; Website: http://bscd.org]
3.
Ocean
County Soil Conservation Districts.
4.
New
Jersey Department of Transportation, PO Box 600, Trenton, NJ 08625-0600;
Phone: 609-530-3536; Website: http://www.state.nj.us/transportation.
[Ord. No. 11/78; Ord. No. 5/24/82 § A VIII]
The developer shall at the time of filing a submission, pay
the following nonrefundable fee to the Borough of Lakehurst. Proposals
involving more than one use or application type shall pay a fee equal
to the sum of the fee for each element.
[Ord. No. 11/78; Ord. No. 5/24/82 $800]
a.
Minor
Subdivision.
|
$75
|
Minor Subdivisions
|
|
$25
|
Reapproval or Extension of Minor Subdivision Approval
|
b.
Preliminary
Approval, Major Subdivision.
|
Number of Lots
|
Fee
|
|---|---|
|
0-30
|
$30/lot ($150) minimum)
|
|
31+
|
$900 + $10/lot
|
|
Extension of Preliminary Approval
|
$350
|
|
Substantial Revision of Preliminary Plat
|
25% of Original Fee, Minimum Fee $50
|
c.
Final
Approval, Major Subdivision.
|
Final Approval
|
$30/lot
|
|
Extension of Final Approval
|
$50
|
[Ord. No. 11/78; Ord. No. 5/24/82 § 801]
For the purposes of establishing application fees for the review
of site plans the following site plan categories are hereby created:
a.
Category A: New Commercial Construction. This shall consist
of all new construction of any type retail sales establishment, professional
or business offices, service establishments, any other use not categorized
otherwise herein.
b.
Category B: New Construction - (Industrial). This shall
consist of all new construction of any industrial establishment. For
purposes of this chapter an industrial establishment shall be considered
to be that type of business where parts may be assembled or where
raw materials are converted to form a finished consumer product and
where same is distributed to wholesale or retail sales outlets and
which do not have direct retail sales greater than 10% of total sales
volume. In addition, the following uses shall also fall within this
category:
c.
Category C: Residential Housing. This shall consist of multi-family
development apartments, condominium developments, and similar residential
developments.
d.
Category D: Building Alteration. This shall consist of any
building or group of buildings for which site plan approval has been
previously granted which is being increased in gross floor area greater
than 10% of the original floor area or in case of industrial sites
greater than 20% of gross floor area. Any building for which site
plan approval has been previously granted and which is being increased
by less than the values stated shall be considered exempt from the
provisions of this chapter except that this shall be restricted to
only the first such enlargement after site plan approval. Also included
in this category are any buildings or groups of buildings regardless
of amount of increase in size which have never previously obtained
site plan approval.
e.
Category E: Use Change. This shall consist of all land areas
and all buildings or groups of buildings not being increased in size
but wherein a change of use is proposed and no previous site plan
approval for the proposed use has ever been obtained or, where previous
site plan approval has been obtained and the new use has a greater
parking requirement per this chapter.
f.
Category F: Public and quasi-public institutions and agencies
not subject to approval of other governmental agencies; churches;
and other similar uses.
[Ord. No. 11/78; Ord. No. 5/24/82 § 802]
Application fees in accordance with the below schedule shall
accompany site plan applications. (In the case of an application for
preliminary and final site plan approval of a major site plan the
final site plan application fee shall apply).
a.
Sketch Site Plan Application. No fee.
b.
Preliminary Site Plan Application.
1.
Category
A. $5 for each 7,500 square feet of gross lot area or fraction thereof
plus $7.50 for each 1,000 square feet, or fraction thereof of gross
floor area of new construction.
2.
Category
B. Two dollars and fifty cents for each 7,500 square feet of gross
lot area, or fraction thereof, plus $3.75 for each 1,000 square feet
or fraction thereof, of gross floor area of new construction.
3.
Category
C. Ten dollars per dwelling unit but not less than $100.
4.
Category
D. For any building alteration where site plan approval has been previously
granted the fee shall be $10 per 1,000 square feet or fraction thereof
of additional gross floor area but in no event less than $100. For
any building alteration where site plan approval has never been granted
the fee shall be the same as prescribed for Category A.
5.
Category
E. For any change of use where site plan approval has been previously
granted but for which reapproval is required as a result of greater
parking requirements, the fee shall be $50. For any change of use
where no previous site plan approval has been obtained the fee shall
be the same as Category A.
6.
Category
F. Shall be exempt from any site plan application fee.
c.
Final Site Plan Application.
1.
Category
A. Ten dollars for each 7,500 square feet of gross lot area or fraction
thereof plus $15 for each 1,000 square feet, or fraction thereof of
gross floor area of new construction.
2.
Category
B. Five dollars for each 7,500 square feet of gross lot area, or fraction
thereof plus $7.50 for each 1,000 square feet, or fraction thereof
of gross floor area of new construction.
3.
Category
C. Twenty dollars per dwelling unit.
4.
Category
D. For any building alteration where site plan approval has been previously
granted the fee shall be $20 per 1,000 square feet, or fraction thereof
of additional gross floor area but in no event less than $100. For
any building alteration where site plan approval has never been granted
the fee shall be the same as prescribed for Category A.
5.
Category
E. For any change of use where site plan approval has been previously
granted but for which reapproval is required as a result of greater
parking requirements the fee shall be $100. For any change of use
where no previous site plan approval has been obtained the fee shall
be the same as prescribed for Category A.
6.
Category
F. Shall be exempt from any site plan application fee.
[Ord. No. 11/78; Ord. No. 5/24/82 § 804]
Each request for a development permit and a certificate of occupancy
shall be accompanied by a payment to the Borough of Lakehurst in the
amount of $10 for a development permit and $20 per dwelling unit for
a certificate of occupancy and $5 for each 1,000 square feet of gross
floor area of nonresidential use for a certificate of occupancy.
[Ord. No. 11/78; Ord. No. 5/24/82 § 805]
A fee of $25 shall be charged to any individual who requests
the consolidation of tax lots.
[Ord. No. 8/18/88 § 1; Ord. No. 2001-06; Ord. No. 2005-19]
The developer, at the time of filing an application for development,
shall pay a $250 administrative fee. In addition to the submission
of the administrative filing fee which is charged to cover Borough
administrative costs, development applications which meet the criteria
established herein shall be accompanied by a deposit of escrow funds
in accordance with the provisions of this section.
Escrow funds shall be utilized to cover the Borough costs of
professional and nonprofessional services incurred during the development
review process and otherwise. Professional and nonprofessional fees
and salaries incurred in connection with review of plans, consultation,
site inspections, written report and resolution preparation, meeting
attendance, general preparation, research, testimony, and other work
performed by the Planning Board, and the Board secretary, engineers,
and attorneys, as well as any other professional consulting services
as may be required due to the nature of the application, shall be
paid from these escrow funds. Escrow fees shall not be utilized to
pay inspection costs required during the construction process.
a.
Escrow
Amounts. Escrow funds in the amounts specified herein shall be required
relative to the following applications:
1.
Sketch
plat for Major Subdivision, Minor Subdivision, Preliminary Major Subdivision
Approval and Preliminary Site Plan Approval for Residential Use.
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
1-3
|
$2,000
|
|
4-10
|
$5,000
|
|
11-25
|
$7,000
|
|
26-50
|
$9,000
|
|
51-100
|
$11,000
|
|
In excess of 100
|
$25,000
|
2.
Final
Major Subdivision Approval and Final Site Plan approval for Residential
Use.
|
Number of Lots or Units
|
Escrow Amount
|
|---|---|
|
1-3
|
$2,000
|
|
4-10
|
$3,500
|
|
11-25
|
$4,000
|
|
26-50
|
$5,500
|
|
51-100
|
$7,000
|
|
In excess or 100
|
$12,000
|
3.
Nonresidential
Preliminary Site Plan Approval, inclusive of Minor Site Plan.
|
Building Area
(square feet)
|
Escrow Amount
|
|---|---|
|
Less than 5,000
|
$4,500
|
|
5,001-10,000
|
$6,000
|
|
10,001-50,000
|
$15,000
|
|
50,001-100,000
|
$30,000
|
|
In excess of 100,000
|
$40,000
|
4.
Nonresidential
Final Site Plan Approval. One-half of the original escrow fee shall
be paid at the time of final plan application provided, however, that
preliminary approval has in fact been received. If the application
is for a combined preliminary and final approval, then the preliminary
escrow amount should be utilized.
5.
Any
application involving more than one of the above categories shall
deposit cumulative amounts.
6.
The
Borough shall provide the applicant with an accounting of escrow funds
within 120 days after the Planning Board has taken action on the application.
7.
All
sums not actually expended shall be refunded to the applicant within
120 days after the Planning Board has taken action on the application.
b.
Procedural
Requirements.
1.
An applicant
for land development shall deposit all escrow funds called for in
the within section before the applicant’s appearance before
the Planning Board. No meeting or hearing with the applicant shall
be held by the Board until all escrow funds and required fees have
been deposited in accordance with this subsection. The escrow sums
must be in the form of cash, certified check, or money order. All
deposits of escrow funds shall be made to the Borough Clerk.
2.
Additional
escrow funds may be required when the escrow has been depleted to
20% of the original escrow amount. The Borough shall notify the Board
when escrow funds have been so deleted. Professionals and nonprofessionals
being paid from escrow funds shall notify the Borough Clerk as to
additional costs anticipated to be incurred. The Board shall not take
any further action on the application until adequate additional fees
have been deposited with the Borough.
3.
Escrow
deposits shall be placed in an interest-bearing account and the same
shall be administered in accordance with the requirements of N.J.S.
40:55D-53.1.
4.
All
disbursements to consulting professionals and applicable charges from
Borough-employed professionals and nonprofessionals for services involved
in processing an application which requires the deposit of escrow
funds shall be charged against the escrow account.
5.
All
bills submitted by the Borough’s professionals and nonprofessionals
relative to the applications shall specify the services performed
for individual applications and the time expended relative thereto.
The bill shall also set forth the hourly billing amount which will
be the amount charged to the Borough pursuant to the consultant’s
and/or the professional’s contract. The hourly billing rate
for Borough-employed nonprofessionals shall be 1/35th of their weekly
compensation, plus 30% to reimburse the Borough for the benefits supplied
to the employee.
6.
The
Borough shall provide the applicant with an accounting of escrow funds
within 90 days after the Board has taken action on the application.
7.
All
sums not actually expended shall be refunded to the applicant within
90 days after the Board has taken action on the application.
8.
No resolution
approving any development application which is subject hereto shall
be passed by the Planning Board until all fees and escrow sums required
hereunder have been paid in full.
9.
The
Planning Board is hereby given the authority to revise the amount
of escrow required in any application either to increase or decrease
the sum where preliminary review indicates a substantial likelihood
that the cost of the review, professional fees, and other fees is
likely to be either significantly more or less than the proposed escrow
amounts.
[Ord. No. 11/78; Ord. No. 5/24/82 § 900; Ord. No. 7/20/89 § 18; Ord.
No. 95-13 § 9]
Pursuant to the provisions of Section 28 P.L. 1975 C.291 (N.J.S.
40:55D-37) approval of subdivision plats by resolution of the Planning
Board shall be required as a condition for the filing of such plats
with the County Recording Officer. Approval of site plans by resolution
of the Planning Board shall be required as a condition for the issuance
of a building permit and certificate of occupancy for any development,
except that subdivision or individual lot applications for detached
one or two dwelling unit buildings shall be exempt from such site
plan review and approval; provided same do not form part of a major
development project.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with a review
for subdivision approval without the developer being required to hold
further hearings. The longest time period for action by the approving
authority, whether it be for subdivision, conditional use or site
plan approval shall apply. Whenever approval of a conditional use
is requested by the developer in conjunction with a site plan or subdivision,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
Unless otherwise provided herein no person shall carry out any
development requiring an approval pursuant to this chapter until he
has received a favorable notice provided for in subsection 4-307B
of the Pinelands Comprehensive Management Plan.
[Ord. No. 11/78; Ord. No. 5/24/82 § 901]
A sketch plat submission is recommended but not required for
a major site plan or major subdivision. Sketch plats, minor subdivision
plats, and minor site plans shall meet the following filing procedure:
a.
The developer shall file with the Administrative Officer at least 15 days prior to the meeting of the approving authority, the following which shall constitute a complete application: eight black on white copies of the sketch plat or minor subdivision plat or minor site plan prepared in accordance with Section 25-19 of this chapter; three completed copies of the application form; the applicable fee; for minor subdivisions and minor site plans-a certificate of paid taxes, proof of application to the Ocean County Planning Board, proof of application for other required State and/or County approvals, and proof of application for a land disturbance permit (if required); and proof that duplicate copies of the above have been filed with the Pinelands Commission.
[Ord. No. 11/78; Ord. No. 5/24/82 § 902]
a.
The Planning
Board Engineer shall review the submission for its completeness and
take action on accepting or rejecting the submission as a complete
application no later than 15 days after the application is received
by the Administrative Official. If incomplete, the material shall
be returned to the developer for a resubmission at least 15 days prior
to a subsequent meeting. If complete, the approving authority shall
classify the application as a minor subdivision or site plan or major
subdivision or site plan and shall approve, approve with conditions,
or deny the application. The decision shall be in writing and shall
be sent to the applicant.
b.
Whenever
review or approval of the application by the County Planning Board
is required but not yet received, the municipal approving authority,
in taking action, may grant conditional approval.
c.
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, including any conditions imposed by the approving authority
and in conformity with the provisions of the “Map Filing Law”,
P.L. 1960, C. 141 (N.J.S. 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. Any such plat or deed accepted for such filing shall
have been signed by the chairman and secretary of the approving authority
(or the vice-chairman or assistant secretary in their absence, respectively)
and the Planning Board Engineer. In reviewing the application for
development for a proposed minor subdivision, the approving authority
may accept a plat not in conformity with the “Map Filing Act”,
P.L. 1960, C. 141 N.J.S. 46:23-9-9 et seq., provided the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed such plat shall conform with the provisions of the act.
In accordance with N.J.S. 40:55D-54, the County Recording Officer
shall notify the approving authority of the filing of any plat within
seven days of filing.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided the approved minor subdivision
shall have been duly recorded.
d.
When
the approving authority determines that any proposed development may
create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the approving authority may require the developer to revise the plat.
Where the remaining portion of the original tract is of sufficient
size to be developed or subdivided further, the developer may be required
to submit a sketch plat of the entire remaining portion of the tract
to indicate a feasible plan whereby the design of the proposed development
together with subsequent subdivisions or development will not create,
impose, aggravate, or lead to any such adverse effect(s).
e.
If classified
as a major site plan or major subdivision and either approved or approved
with conditions as a major site plan or major subdivision, or approved
as a minor site plan or minor subdivision, a notation to that effect
including the date of the approving authority’s action shall
be made on all copies of the plat and shall be signed by the chairman
and secretary of the approving authority (or the vice-chairman or
assistant secretary in their absence, respectively). All conditions
on minor siteplans or minor subdivisions shall be complied with within
90 days of the meeting at which conditional approval was granted,
otherwise the conditional approval shall lapse. If classified as a
major site plan or major subdivision, sketch plat modifications are
not required.
f.
The approving authority may, at its discretion, when acting upon a minor subdivision or minor site plan grant exceptions from the requirements of the “Design and Performance Standards” in Section 25-27 if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided the applicant at the time of filing an application for minor subdivision or site plan approval shall append to such application a written description of the design and/or performance standard(s) for which an exception (s) is (are) sought and the reasons for so requesting. The approving authority shall consider such exception requests simultaneously with the review and consideration of the minor subdivision or site plan application.
A public hearing and notice in conformance with subsection 25-11.6 of this chapter shall be required for all applications requesting relief from one or more design or performance standards.
[Ord. No. 11/78; Ord. No. 5/24/83 § 903; Ord. No. 7/20/89 §§ 19-22]
a.
Any developer shall submit to the Administrative Officer at least 15 days prior to the meeting of the approving authority, the following, which shall constitute a complete application: 11 black on white copies of the preliminary plat, prepared in accordance with Section 25-19, subsections 25-19.4 or 25-19.9, as the case may be, of this chapter; three completed copies of the application form for preliminary approval; two copies of any protective covenants, deed, deed restrictions and easements applying to the land being developed; a certificate of paid taxes; proof of application for preliminary approval by the Ocean County Planning Board; and the appropriate application fee. The Administrative Officer shall forward a copy of the preliminary plat to the Planning Board Engineer.
b.
The Planning
Board Engineer shall review the submission for its completeness and
take action on accepting or rejecting the submission as a complete
application no later than 15 days after the application is received
by the Administrative Official. If incomplete, the material shall
be returned to the developer for a resubmission at least 15 days prior
to a subsequent meeting.
c.
Before
any action is taken on any preliminary site plan containing more than
10 acres, the approving authority shall conduct a hearing with appropriate
public notice as established in this chapter. Action may be taken
on a preliminary site plan for 10 acres of land or less without a
public hearing unless, in the opinion of a majority of a quorum of
the approving authority the proposed use, proposed intensity of development,
location of the tract, traffic conditions, or environmental concerns
for a property of 10 acres or less are of sufficient concern that
the approving authority desires to receive the public’s comments.
Where a public hearing is scheduled for a site plan, no action shall
be taken until completion of the public hearing and the scheduling
and notifications for the hearing shall be in accordance with this
chapter and the notice requirements of subsection 25-4.7d.2 of this
chapter.
d.
If the
approving authority requires any substantial amendment in the layout
of improvements as proposed by the developer and that plan had been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development.
e.
The approving authority shall take action after considering the results of the public hearing (if any) and the recommendations made by municipal. State, and County official or agency within the time period prescribed in subsection 25-9.8 or the application for preliminary approval shall be deemed approved.
f.
If the approving authority acts negatively on the application for preliminary approval the applicant shall be so advised in conformance with subsection 25-11.8 of this chapter.
g.
If the
approving authority acts favorably on an application for preliminary
approval, the Chairman and Secretary shall affix their signatures
to the plat with a notation that it has received preliminary approval,
and a copy returned to the applicant with instructions to proceed
with final plat submission as prescribed in this chapter.
The applicant shall give notice, by certified mail, to the Pinelands
Commission within five days of such preliminary approval. Such notice
shall contain as a minimum, the information required pursuant to subsection
25-4.7d.3 of this chapter.
h.
Approval
of a preliminary plat shall not confer upon the developer the right
to undertake any clearing, grading and/or to install any improvements
prior to final plat approval unless it shall be determined by the
Planning Board Engineer that:
1.
Such
clearing, grading and/or installation if improvements would not hinder
future development or create physical or aesthetic problems in the
event that further development is not undertaken;
2.
That
required inspection fees have been paid and adequate performance guarantees
have been posted to provide for the cost to the Borough of performing
work that may be necessary to protect adjacent property owners and
the public interest in the event that such clearing, grading and/or
installation of improvement is not completed and/or further development
is not undertaken. Such performance guarantees may include, but are
not limited to, the cost to the Borough of providing erosion control
facilities, seeding or otherwise stabilizing the site, drainage facilities
necessary to protect off-tract acres from flooding, screening or fencing
that may be required and all improvements to be undertaken which are
within public rights-of-way or easements.
i.
The approving authority may, at its discretion, when acting upon a preliminary subdivision or site plan, grant exceptions from the requirements of the “Design and Performance Standards” in Section 25-27 if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided the applicant at the time of filing an application for preliminary subdivision or site plan approval shall append to such application a written description of the design and/or performance standard(s) for which an exccption(s) is (are) sought and the reasons for so requesting. The approving authority shall consider such exception requests simultaneously with the review and consideration of the preliminary subdivision or site plan application. Any such exception granted by the approving authority to those design and performance standards in Section 25-27 which reflect requirements of the Comprehensive Management Plan shall be granted subject to review by the Pinelands Commission.
A public hearing and notice in conformance with subsection 25-11.6 of this chapter shall be required for all applications requesting relief from one or more design and/or performance standards.
[Ord. No. 11/78; Ord. No. 5/24/82 § 904; Ord. No. 7/20/89 § 23]
a.
The developer
shall file with the Administrative Officer at least 15 days prior
to a regular meeting of the approving authority the following, which
shall constitute a complete application:
1.
Three
completed copies of the application form for final approval;
2.
A certificate
of paid taxes;
3.
The
appropriate application fee;
4.
Certificate
of title;
5.
Proof
of application for approval by the Ocean County Planning Board;
6.
Proof
of application for a land disturbance permit;
7.
Proof
of application for other required Federal, State, County or local
approvals;
[Ord. No. 11/78; Ord. No. 5/24/82 § 905]
It is well recognized that certain uses, while necessary for
the convenience of the citizens of the Borough of Lakehurst, if located
without proper consideration to existing conditions and surrounding
development, may have an adverse effect on the public health, safety
and general welfare of the community. These uses are designated as
conditional uses and are subject to the conditions hereby established.
a.
Before
any permit shall be issued for a conditional use, applications shall
be made to the Planning Board. The Planning Board shall grant or deny
the application after public hearing, but within 95 days of submission
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant. Where a
conditional use application involves a site plan or subdivision, notice
of the hearing shall include reference to all matters being heard
and the Planning Board shall review and approve or deny the subdivision
or site plan simultaneously with the conditional use application.
Failure of the Planning Board to act within the required time period
shall constitute approval of the application. In reviewing the conditional
use application, the Planning Board shall consider and be guided by
the following:
1.
The
use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located.
2.
The
design, arrangement and nature of the particular use is such that
the public health, safety and welfare will be protected and reasonable
consideration is afforded to: the compatibility of the proposed use(s)
and/or structure(s) within the existing neighborhood; the number of
employees or users of the property; the potential effect that the
proposed use(s) and/or structure(s) will have upon property values;
the adequacy of the proposed parking and traffic circulation for the
use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards; the structural location(s)
and orientation(s); the need for such facility or use(s) to serve
the area in which it is to be located; the adequacy of proposed drainage
facilities which will serve the use(s) and/or structure(s); the adequacy
of plans for screening any adverse aspects of the use(s) and/or structure(s)
from adjoining properties; and the adequacy of proposed outdoor lighting.
4.
Compliance
with the standards, principles and objectives of the Master Plan of
the Borough of Lakehurst.
5.
All
conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this chapter.
6.
Conditional
uses shall adhere to the additional standards specified for the particular
use under this section except where no additional standards are specified
herein.
b.
In all
requests for approval of conditional uses, the burden of proof shall
be on the applicant. All conditional uses shall require site plan
review and approval by the Planning Board. In the granting of conditional
uses, a time limit of one year from the date of the approval shall
be set within which time the owner shall secure a building permit,
otherwise the conditional use permit shall be null and void.
[Ord. No. 11/78; Ord. No. 5/24/82 § 906]
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of this chapter if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
[Ord. No. 11/78; Ord. No. 5/24/82 § 907]
The Planning Board, when acting upon applications of site plan
approval, shall have the power to grant such exceptions from the requirements
for site plan approval as may be reasonable and within the general
purpose and intent of the provisions for site plan review and approval
of this chapter, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1000]
No development application shall be accepted unless submitted
in plat form and no plat shall be accepted for consideration unless
it conforms to the following requirements as to form, content and
accompanying information, and complies with the provisions of N.J.S.
46-23.1 et seq. (Map Filing Law), as amended. All plats shall be drawn
by a land surveyor as required by law, licensed to practice in the
State of New Jersey, and shall bear the signature, seal, license number
and address of the land surveyor. All drawings of improvements shall
be signed and sealed by a licensed Professional Engineer of the State
of New Jersey.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1001]
a.
A plat
for classification and approval of a minor subdivision shall contain
as a minimum the following:
1.
Clearly
and legibly drawn.
2.
Graphic
scale not less than one inch equals 100 feet.
3.
Based
on actual survey and certified by land surveyor licensed in New Jersey.
4.
Sheet
sizes of 30 inches by 42 inches; 24 inches by 36 inches; 15 inches
by 21 inches; or 8 1/2 inches x 13 inches.
5.
Existing
and proposed lot lines with bearings and dimensions to 0.1 foot.
6.
Existing
lot lines to be eliminated should be so labeled.
7.
Area
of original tract to one square foot.
8.
Area
of each proposed lot to one square foot.
9.
Contours
at two foot intervals may be required by Planning Board Engineer.
10.
Existing
structures and uses.
11.
Shortest
distance between any existing building and a proposed or existing
lot line. All front, side and rear yard setback lines shall be shown
conforming to the zoning ordinance.
12.
All
streams, lakes and drainage rights-of-way within the limits of the
tract(s) being subdivided including the location, width and direction
of flow of all streams, brooks and drainage rights-of-way; the location
and dimension of all drainage structures; existing features to be
removed or relocated; and flood hazard area and floodway lines, steep
slopes, wetlands (and wetland buffer) and swamps.
13.
Existing
and proposed rights-of-way and easements within and adjoining the
tract with dimensions, existing driveways, street names, and the purpose
for any easement. Sight triangles shall be shown. Copies of the text
of any deed restrictions shall be included.
14.
The
name of the owner of the proposed tract and all adjoining property
owners as disclosed by the most recent Borough tax records.
15.
The
tax map sheet, block and lot number for the tract and all adjacent
lots; title; graphic scale; north arrow; the date of the original
drawing and the date and substance of each revision.
16.
Zoning
district(s). If the property lies in more than one zoning district,
the plat shall indicate all the zoning district lines.
17.
The
name, address, signature and phone number of the owner, subdivider,
and the signature and seal of person(s) preparing the plat.
18.
A
key map with north arrow showing the entire development and its relation
to surrounding areas at a scale of not less than one inch equals 2,000
feet. An excerpt from a U.S.C. and G.S. Quadrangle should be utilized,
whenever possible.
19.
Monumentation
and proper certifications as per “Map Filing Law”.
20.
A
map showing the location of the project on the appropriate soils map
from the Ocean County Soil Survey, prepared by the U.S. Department
of Agriculture.
21.
A
map showing existing site vegetation, identifying predominant vegetation
types on the site, areas where existing vegetation is to be removed
as a result of the proposed development, and proposed landscaping
of the subject property, if any.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1002]
a.
An optional
sketch plat of a major subdivision for the purposes of classification
and discussion shall contain as a minimum the following information:
1.
This
sketch plat shall be titled as such and shall be based on tax map
information or some other similarly accurate base, at a graphic scale
of not less than one inch equals 200 feet. Plats shall be presented
on sheet(s) of one of the following dimensions: 30 inches by 42 inches;
24 inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by
13 inches.
2.
A plat
shall show the following information:
(a)
All the data required for a plat of a minor subdivision except that
lot areas need only be measured to the nearest one-tenth acre, lot
line dimensions need only be measured to the nearest whole foot, and
contours shall be based on U.S.G.S. or similarly available datum.
(b)
The location of that portion which is to be subdivided in relation
to the entire tract.
(c)
A tentative lot and street layout with dimensions, and all streets,
roads, streams, watercourses, and drainage rights-of-way.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1003]
a.
A preliminary
plat for preliminary approval of a major subdivision shall contain
the following information:
1.
Clearly
and legibly drawn.
2.
Graphic
scale not less than one inch equals 100 feet.
3.
Based
on certified boundary survey and drawn by a land surveyor licensed
in New Jersey with design and improvements drawn by a professional
engineer licensed in New Jersey.
4.
Sheet
sizes of 30 inches by 42 inches; 24 inches by 36 inches; 15 inches
by 21 inches; or 8 1/2 inches by 13 inches. If more than one sheet
is required to show the entire subdivision, a separate composite map
at a reduced size shall be drawn on one sheet showing the entire subdivision
and the sheets on which the various sections are shown.
5.
A key
map with north arrow showing the entire development and its relation
to surrounding areas at a scale of not less than one inch equals 2,000
feet. An excerpt from a U.S.C. and G.S. Quadrangle should be utilized,
whenever possible.
6.
Title
Block with the name of the subdivision; the name of the municipality;
tax map sheet, block and lot number; date of preparation and most
recent revision; meridian; north arrow; graphic scale; the names,
addresses of the owner, subdivider and the signature and seal of the
preparer of the plat.
7.
The
names of all property owners within 200 feet of the extreme limits
of the subdivision as disclosed on the most recent municipal tax records.
8.
Tract
acreage to nearest tenth of an acre; the number of new lots; each
lot line dimension, to the nearest foot and each lot area to the nearest
square foot.
9.
Existing
and proposed contours at two foot intervals. All elevations shall
be related to a bench mark noted on the plan and wherever possible
be based on U.S. Geological Survey mean sea level datum.
10.
Proposed
finished first floor elevations.
11.
Location
of existing natural features such as soil types, wooded areas, wetlands
and wetlands buffers. Soil type shall be described in accordance with
the Ocean County Soil Survey, prepared by the U.S. Department of Agriculture.
12.
Existing
and proposed streams, lakes, ponds, and marsh areas accompanied by
the following data:
(a)
Extent of the flood fringe area, flood hazard area, and normal water
level shall be shown.
(b)
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development. For flowing streams,
small scale watershed maps developed from U.S.G.S. sheets shall be
submitted.
(c)
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the development
which drains to the structure.
(d)
Plans and computations for any storm drainage systems including the
following:
(1)
All existing or proposed storm sewer lines within or on lands or
roads adjacent to the development and for all required offsite and
off-tract drainage improvements showing size, profile and slope of
the lines, direction of flow, and the location of each catch basin,
inlet, manhole, culvert and headwall.
(2)
The location and extent of any proposed dry wells, ground water recharge
basins, detention basins, flood control devices, sedimentation basins
or other water conservation devices.
13.
The
names, locations and dimensions including cartway and right-of-way
widths of all existing streets within a distance of 200 feet of the
boundaries of the development; existing driveways and any connections
from proposed streets, sidewalks, in the development to any adjoining
street(s).
14.
Plans,
center-line profiles, tentative grades and details of all proposed
and existing streets in the tract and within 200 feet of the subdivision
based on the U.S.G.S. datum, together with full information as to
the disposal of surface drainage, including plans, and profiles of
streets, storm drains and drainage structures.
15.
The
names, locations, paved widths, right-of-way widths, and purpose(s)
of existing and proposed easements, streets, and other rights-of-way
in the subdivision. The text of any deed restriction shall be included.
16.
The
location and description of all existing monuments.
17.
All
proposed lot lines, and all existing lot lines to remain and those
to be eliminated. All setback lines required by the zoning ordinance
with the dimensions thereof and any municipal boundary line where
the boundary is within the tract or within 200 feet of the tract.
Any lot(s) to be reserved or dedicated to public use shall be identified.
Each block shall be tentatively numbered and the lots within each
block be numbered consecutively beginning with one unless otherwise
directed.
18.
Approximate
locations of all existing structures and their use(s) in the tract
and within 200 feet thereof.
19.
Preliminary
plans and profiles of proposed improvements and utility layouts showing
location, size, slope, pumping stations and other details as well
as feasible connections to any existing or proposed utility systems.
20.
Signature
block for signatures of Chairman, Secretary and Planning Board Engineer.
21.
Zoning
district(s) and zoning district lines.
22.
Boring
locations shall be indicated on the plat, with a soil log supplied.
A minimum number of borings (showing ground elevation, depth to ground
water, and date of boring), one per five acres, with a minimum number
of two borings per plat, shall be provided. If special natural conditions
dictate, the Planning Board Engineer may require that additional borings
are needed based on the natural conditions or the use of the site.
Where the project will be served by sewers, soil borings are necessary
in the area of proposed stormwater drainage facilities.
23.
A
map, at the same scale as the project site base map, showing existing
vegetation, identifying the predominant vegetation types in the area
and identifying stands of trees with diameters in excess of 12 inches
and other vegetated areas to be removed or disturbed.
24.
A
cultural resource survey, or a Letter of Interpretation indicating
no evidence of historic or prehistoric sites.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1004]
a.
The final
map for final subdivision approval shall provide the following information
and data as a minimum:
1.
Clearly
and legibly drawn.
2.
Graphic
scale not less than one inch equals 50 feet.
3.
Drawn
in compliance with Map Filing Law.
4.
Sheet
sizes of 30 inches by 42 inches; 24 inches by 36 inches; 15 inches
by 21 inches; or 8 1/2 inches by 13 inches. If more than one sheet
is required to show the entire subdivision, a separate composite map
at a reduced size shall be drawn on one sheet showing the entire subdivision
and the sheets on which the various sections are shown.
5.
Date
of original drawing.
6.
Date
of all revisions.
7.
Name
of subdivision.
8.
Municipality,
County, State.
9.
Tract
boundary lines, all lot lines, other site lines.
10.
Right-of-way
lines of streets, street names, right-of-way widths.
11.
Easements
and other right-of-ways, dimensions and purpose.
12.
Lands
reserved or dedicated to public use, and their purpose.
13.
Accurate
dimensions, bearings or deflection angles, radii, arcs, tangents,
central angles of all curves, distances to street intersections of
all tract lines.
14.
Consecutive
numbering from the tax assessor of each block and lot.
15.
Minimum
building setback line on all lots and other sites.
16.
Location
and description of all monuments, existing or to be set in place.
17.
Name
of owner of any adjoining land.
18.
Certification
of accuracy of plat details by a licensed Land Surveyor.
19.
Certification
that the applicant is the owner or agent of the land, or that the
owner has given consent to subdivide.
20.
Certification
of approval by the Planning Board Engineer.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1005]
Final design plan approval by the Planning Board Engineer is
required prior to the issuance of building permits and the commencement
of any site improvements and shall contain as a minimum the information
described below. The final design plan shall be a separate drawing(s),
shall be based upon the preliminary plans, and shall be appropriately
titled.
Final design plans shall include all details of all improvements
required pursuant to this chapter, unless specifically waived by the
Planning Board at the time of preliminary approval.
a.
The final design plan shall show in final form all information required for preliminary approval in subsection 25-19.4 above and the following additional information:
1.
Proposed
elevations shown at building corners and finished first floor.
2.
Typical
construction details showing cross-sectioned details of manholes,
inlets, pavement, curbs, sidewalks, drainage channels, headwalls,
etc.
3.
Typical
street cross-sections shall indicate the type and width of pavement
and the location of curbs, sidewalks, typical underground utilities,
and shade tree planting. At intersections, the sight triangles, radii
of curblines, crosswalks and street sign locations shall be shown.
4.
Final
plans, center-line profiles, final grades of all proposed and existing
streets in the tract and within 200 feet of the subdivision, together
with full information as to the disposal of surface drainage, including
final plans, and profiles of all on-site and off-site storm drainage
improvements.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1006]
An informal sketch of either a minor or major site plan may
be submitted to the reviewing agency. This informal submission is
optional. The purpose of such a submission is for informal discussion
to review overall development concepts in order to assist in the preparation
of subsequent formal submissions. No decisions will be made and no
formal action shall be taken on an informal discussion of a sketch
of a site plan.
A sketch of a site plan shall show to scale the lot lines, proposed
building(s), proposed use(s), parking, loading, on-site circulation,
driveways, wooded areas, streams, approximate flood hazard area, contours
based on U.S.G.S. or similarly available datum, approximate on-site
or on-tract, storm water detention facilities, and water and sewer
service. The scale shall be one inch equals 100 feet.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1007]
a.
A minor
site plan submission shall include the following minimum plat details
in order to be considered for classification and approval:
1.
A scale
of not less than 50 feet to the inch. All distances shall be in feet
and decimals of a foot, with all bearings.
2.
The
names of all owners of record of all adjacent properties.
3.
The
zone wherein the tract is located and boundaries of such zone. Such
features may be shown on a separate map or as a key map. This key
map should encompass a minimum of a 500-foot radius.
4.
Existing
and proposed boundaries of the property, building, or setback lines,
and lines of existing streets, lots, reservations, easements and areas
dedicated to public use.
5.
A copy
of any existing or proposed covenants or deed restrictions that are
intended to cover all or any part of the tract, their location, size
and nature.
6.
Location
and dimension of existing and proposed buildings which shall remain
and all other structures such as walls, fences, culverts, bridges,
roadways, etc.
7.
Location
of all existing and proposed storm drainage facilities including all
inlets and utility lines, whether publicly or privately owned, with
pipe sizes, type, grades, and direction of flow; in conformance with
the standard specifications of the municipality.
8.
Existing
contours with maximum intervals of two feet where slopes are less
than 5% and five feet when 5% or more, referred to a datum as provided
by N.J.G.C.S. datum wherever practical. Where any changes in contours
are proposed, finished grades should be shown as solid lines.
9.
Location
of existing high points, water courses, depressions, ponds, marshes,
and other significant existing features, including previous flood
elevations of water courses, pond and marsh areas as determined by
survey.
10.
Title of development, north point, scale, name and address of record owner; professional engineer, architect, land planner or surveyor preparing the site development plan, license number, date of preparation, and all revisions. If applicant is a corporation, the provisions of subsection 25-11.9 shall apply.
11.
A
survey prepared by a licensed surveyor of the State of New Jersey
shall accompany the site plan or site plan based upon a survey and
shall show the boundaries of the parcel and the limits of all proposed
streets, recreation areas, and other property to be dedicated to public
use. The applicant shall submit such other exhibits of an architectural
or planning nature as may be reasonably required by the Planning Board.
12.
All
proposed streets with (a) profiles indicating grading and (b) typical
cross-sections showing width of roadways, location and width of sidewalk
and curbs, according to the standards and specifications of this chapter.
13.
The
proposed use or uses of land and buildings and proposed location and
dimensions of buildings, including proposed grades at all corners
of the building(s).
14.
The
location, type, and size of all means of vehicular ingress and egress
both existing and proposed to public streets, showing size and location
of driveways, curb cuts and sidewalks, and the location and width
of all driveways on adjacent property within 50 feet of the proposed
site.
15.
The
location and design of any off-street parking areas or loading areas,
showing size and location of bays and spaces, aisles and barriers
and the total number of parking spaces and loading bays to be provided.
16.
The
location and size, grade and type of all proposed water lines, valves
and hydrants and for all sewer lines or alternative means of water
supply or sewage disposal and treatment in conformance with the applicable
standards of the State of New Jersey.
17.
The
proposed location, direction of illumination, power and time of proposed
outdoor lighting in conformance with the applicable standards as may
be applied by the Planning Board in conjunction with the supplying
utility companies.
18.
Proposed
signs, fences, buffer areas which shall be provided for the purpose
of isolating the activities conducted on the tract, if any.
19.
A
description of all proposed operations or activities in sufficient
detail to indicate their effects in producing traffic, noise, glare,
air or water pollution, fire or safety hazards.
20.
Such
other information or data as may be required by the Planning Board
in order to determine that the details of the site plan are in accord
with the standards of this chapter and all other ordinances of the
municipality, and further, that the building or use will not offend
the public interest.
21.
The
tax map block and lot number, and sheet number of the lot or lots
involved.
22.
The
location, size, nature and acreage (to the nearest tenth) of the entire
lot or lots in question, and any contiguous lots owned by the applicant
or in which the applicant has a direct or indirect interest.
23.
The
location and elevation of the high water mark of any body of water
located on or abutting the site in question, and the direction of
flow of any stream on or abutting the site, and a cross-section of
the stream as built.
24.
An
appropriate place for the approving signature of the chairman or acting
chairman and the secretary of the Municipal Planning Board and the
date of signature of approval.
25.
The
location, method of storage, method of disposal of solid waste materials
and provision for screening of same.
26.
A
map showing the location of the project on the appropriate soils map
from the Ocean County Soil Survey prepared by the U.S. Department
of Agriculture.
27.
A
map showing existing site vegetation, identifying predominant vegetation
types on the site, areas where vegetation is to be removed as a result
of the proposed development, and proposed landscaping of the subject
property, if any.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1008; Ord. No. 97-05 § 8]
Each major site plan for preliminary site plan approval shall provide as a minimum, the following information in preliminary form, designed in compliance with Section 25-27, Design Performance Standards, and Section 25-30, Zoning Regulations of this chapter. The following plans and information may be combined on a single plat if appropriate.
a.
Plat. Every preliminary site plan shall be at a minimum
graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet
or 50 feet; certified by a New Jersey licensed architect or engineer,
including accurate lot lines certified by a New Jersey licensed land
surveyor, submitted on one of four of the following standard sheet
sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches
by 36 inches; or 30 inches by 42 inches). The following data shall
be shown on the site plan or accompany it. (If one sheet is not sufficient
to contain the entire territory, a separate composite map at the reduced
size shall be drawn on one sheet showing the entire development and
the sheets on which the various sections are shown). All lot lines
and the exterior boundaries of the tract; north arrow; zone district(s)
in which the lot(s) is (are) located; date of original drawing and
each subsequent amendment; existing and proposed street(s) and street
name(s); existing and proposed contours at two foot intervals throughout
the tract and within 100 feet of any building or paved area under
review; title of the plan; streams; total area to one square foot;
total number of parking spaces; all dimensions, areas, and distances
needed to confirm conformity with the chapter such as but not limited
to building lengths, building coverage, lot lines, parking spaces,
loading spaces, setbacks and yards; a small key map giving the general
location of the parcel within the municipality.
b.
Building and Use Plan. Size, height, location, arrangement
and use of all proposed buildings, structures, and signs, including
an architect’s scaled elevations of the front, side and rear
of any structure and sign to be erected or modified to the extent
necessary to apprise the approving authority of the scope of the proposed
work, shall be shown. Any existing structures shall be identified
either to remain or to be removed. A description of the proposed use(s)
and operation(s) of nonresidential building(s) including the number
of employees or members; the proposed number of shifts to be worked
and the maximum number of employees on each shift; expected truck
and tractor-trailer traffic; emission of noise, glare, vibration,
heat, odor, air and water pollution; safety hazards; and anticipated
expansion plans incorporated in the building design. Floor plans shall
be submitted. In apartment and townhouse projects, the number of dwelling
units, by type, shall be shown.
c.
Facilities Plan. This plan shall show the existing and proposed locations of all drainage and storm water run-off; open space; common property; fire, gas, electric, telephone, sewerage and water line locations; and solid waste collection and disposal methods including proposed grades, sizes, capacities, and materials to be used for facilities installed by the developer. Installations by utility companies need only show their locations on the plat. All easements acquired or required on the tract and across adjacent properties shall be shown and copies of legal documentation that support the granting of an easement by an adjoining property owner shall be included. All proposed lighting shall be shown including the direction, angle, height, and reflection of each source of light. All utilities shall be installed underground. All required State and Federal approvals for environmental considerations shall be submitted prior to preliminary approval or be a condition of approval. Drainage facilities shall include facilities to comply with the storm water run-off provisions in Section 25-27. The method of sewage treatment and solid waste disposal shall be shown. Such plans shall be reviewed by the Planning Board Engineer, as applicable, with recommendations to the approving authority.
d.
Circulation Plan. This plan shall show access streets and
street names, acceleration/deceleration lanes, curbs, aisles and lanes,
access points to public streets, sight triangles, traffic channelization,
easements, fire lanes, driveways, number and location of parking and
loading spaces/loading berths and/or docks, pedestrian walks, bikeways
and all related facilities for the movement and storage of goods,
vehicles and persons on the site and including lights, lighting standards
signs and driveways within the tract and within 100 feet of the tract.
Sidewalks shall be shown from each entrance/exit along expected paths
of pedestrian travel such as, but not limited to, access to parking
lots, driveways and other buildings. Plans shall be accompanied by
typical cross-sections of new streets. Any expansion plans for the
proposed use shall show feasible parking and loading expansion plans
to accompany building expansion.
e.
Natural Resources Plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two foot contour intervals inside the tract, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees, and other landscaping features. These plans shall show the location and type of manmade improvements and the location, species, and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, contours, existing foliage, and the planting of coniferous and/or deciduous trees native to the area in order to maintain or re-establish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage, and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be designed to prevent erosion and siltation as well as assuring that the capacity of any natural or manmade drainage system is sufficient to handle the water from the site and contributing upstream areas. Landscaping plans shall incorporate the elements set forth in subsection 25-27.47d.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1009]
The final site plan submission for final site plan approval
shall include all information required on the preliminary site plan
in final form with the addition of the following:
[Ord. No. 11/78; Ord. No. 5/24/82 § 1100; Ord. No. 2004-04]
Prior to approval of final subdivision plats or granting of
final site plan approval or as a condition of such approvals, the
approving authority shall, for the purpose of assuring the installation
and maintenance of on-tract improvements, require the following:
a.
In the
case of major subdivisions and residential site plans, the furnishing
of a performance guarantee in favor of the municipality shall be required
in an amount not to exceed 120% of the cost of installation for improvements
as estimated by the Municipal Engineer as he may deem necessary or
appropriate including: streets, grading, pavement, gutters, curbs,
sidewalks, street lighting, shade trees, surveyor’s monuments,
as shown on the final map and required by the “Map Filing Law”,
P.L. 1960, C.141(N.J.S. 46:23-9.9 et seq.) water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices. Of
such performance guarantee a minimum of 10% must be in the form of
cash or certified check made payable to the municipality, and the
remainder in the form of a corporation surety performance bond issued
by an authorized New Jersey Corporation. The Municipal Attorney shall
approve the performance guarantee as to form, sufficiency and execution.
The Municipal Engineer shall approve the performance guarantee as
to size and scope.
In the case of nonresidential site plans performance guarantees
shall be required in an amount not to exceed 120% of the cost of the
installation of improvements (as estimated by the Municipal Engineer)
directly affecting the public including but not limited to curbing,
pavement and roadway shoulder repair, storm drainage improvements,
erosion control etc.
No certificate of occupancy shall be issued until all improvements
shown on the approved site plan have been completed and approved by
the Municipal Engineer, unless extenuating circumstances such as adverse
weather conditions prevent the completion of items which pose no significant
threat to the public. In such instances the Governing Body may upon
the recommendation of the Municipal Engineer except a performance
guarantee in an amount not to exceed 120% of the cost of the completion
of such uncompleted items as determined by the Municipal Engineer
and the certificate of occupancy issued.
b.
Provision
for a maintenance guarantee is required to be posted with the Governing
Body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the cost of the
improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
c.
All improvements
and utility installations shall be inspected during the time of their
installations under the supervision of the Municipal Engineer to insure
satisfactory completion. The cost of the inspection shall be the responsibility
of the subdivider and shall be deposited with the Municipal Clerk
as cash equal to 5% of the performance guarantee to be applied to
the cost of inspection of public improvements by the Municipal Engineer.
d.
Guaranty.
1.
Any
such guaranty may be in the form of cash, certified check, negotiable
securities, a bond issued by a bonding company or surety company approved
by the Borough Council or any other type of surety acceptable to and
approved by the Borough Attorney and the Borough Council, provided
that at least 10% of the performance guaranty shall be in the form
of cash, certified check, certificate of deposit, an irrevocable letter
of credit (said letter to be issued by a financial institution whose
deposits are insured by the Federal Savings and Loan Insurance Corporation
or Federal Deposit Insurance Corporation) or a bond issued by a surety
or binding company authorized to do business in New Jersey; provided
however, that all rights, including the right to interest with dividends,
shall be assigned to the Borough in a form of assignment acceptable
to the Borough Attorney for the period of the bond and that the principal
amount of the passbook or certificate of deposit, together with interest,
shall be returned to the developer upon completion of the bonded improvements,
or, in the event of default, both interest and principal shall be
used by and for the benefit of the borough in the completion of said
improvements.
2.
The
form of any required guaranty shall be subject to the approval of
the Borough Attorney as to form, sufficiency and execution.
3.
Subject
to N.J.S.A. 40:55D-1 et seq., as amended and supplemented, all rights
in any guaranty, including the right to any interest earned on any
deposits, shall belong to the Borough.
4.
Notwithstanding
the requirement of paragraph d.1 above, when a letter of credit which
has been previously accepted pursuant to paragraph d.1 as a performance
guaranty, is about to expire, it may be renewed administratively by
the Borough Attorney, provided that all pertinent requirements are
met by the applicant.
5.
In the
event of default, the principal and any interest shall be used for
the benefit of the borough in the completion of the improvements.
6.
All
guaranties shall run to and be in favor of the Borough of Lakehurst
in the County of Ocean.
e.
If the
required improvements have not been installed in accordance with the
performance guaranty, the obligor and surety shall be liable thereon,
at the option of the Borough, for:
[Ord. No. 11/78; Ord. No. 5/24/82 § 1101]
The amount of any performance guarantee may be reduced by the
Governing Body, by resolution, when portions of the improvements have
been certified by the Municipal Engineer to have been completed. The
time allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the body by resolution.
a.
If the
required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected and the municipality may either
prior to or after the receipt of the proceeds thereof complete such
improvements.
b.
When
all of the required improvements have been completed, the obligor
shall notify the Governing Body in writing, by certified mail addressed
in care of the Municipal Clerk of the completion of the improvements
and shall send a copy thereof to the Municipal Engineer. Thereupon
the Municipal Engineer shall inspect all of the improvements and shall
file a detailed report, in writing, with the Governing Body, indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
c.
The Governing
Body shall either approve, partially 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 content of the report
and the action of the approving authority with relation thereto, not
later than 65 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. Failure of the Governing
Body to send or provide such notification to the obligor within 65
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.
d.
If any
portion of the required improvements are rejected, the approving authority
may require the obligor to complete such improvements and, upon completion,
the same procedure of notification, as set forth in this section shall
be followed.
e.
Nothing
herein, however, shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the Governing
Body or the Municipal Engineer. The municipality shall return any
balance of the inspection fee to the development applicant upon expiration
of the maintenance bond, together with a statement of charges against
this amount.
f.
Prior
to the Municipal Engineer making his final report and recommendations
to the Borough Council, the developer will supply as-built plans,
signed and sealed by a licensed New Jersey professional engineer showing
surface grading including lot gradings, building finished floor grades
and curb and gutter grades, together with horizontal and vertical
location of underground facilities. Manholes, inlets and other such
appurtenances together with sidewalks and curbs shall be shown in
true location and grade. The as-built plans shall be submitted on
reproducible media.
No certificate of occupancy shall be issued for any residential
use unless and until the above as-built plans have been approved by
the Municipal Engineer.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1200]
Preliminary approval of a major subdivision or of a site plan pursuant to subsection 25-19.4 of this chapter shall, except as provided in subsection d of this section, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
a.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to Section 25-19 of this chapter, except that nothing herein shall be construed to prevent the municipality from modifying by chapter such general terms and conditions or preliminary approval as relate to public health and safety;
b.
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;
c.
That
the applicant may apply for and the Planning Board may grant extensions
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 standards have been revised by ordinance, such revised
standards may govern.
d.
In the
case of a subdivision of or site plan for an area of 50 acres or more,
the Planning 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 (1) the number of dwelling units and nonresidential
floor area permissible under preliminary approval, (2) economic conditions,
and (3) 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, and (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
standards have been revised, such revised standard may govern.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1201]
The final approval of site plan or major subdivision has the
following effect:
a.
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 25-26.1 of this section, 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 subsection shall expire if the plat has not been duly recorded within the time period provided in subsection 25-9.8d of this chapter. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 25-26.1 above for the section granted final approval.
b.
In the
case of a subdivision or site plan of 50 acres or more the Planning
Board 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 Planning Board to be reasonable taking into consideration (1)
the number of dwelling units and nonresidential floor area permissible
under final approval, (2) economic conditions and (3) the comprehensiveness
of the development. The developer may apply for thereafter, and the
Planning Board may thereafter grant an extension of final 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 final
approval, (2) the number of dwelling units and nonresidential floor
area remaining to be developed, (3) economic conditions and (4) the
comprehensiveness of the development.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1300]
a.
All construction
shall be performed in accordance with the details and specifications
of the municipality as described herein.
b.
The developer
shall employ a New Jersey licensed professional engineer and/or architect
to prepare all plans and specifications, for site improvements and
a licensed land surveyor of New Jersey to make land surveys and subdivision
maps.
c.
Construction
shall be performed under the supervision and inspection of the Municipal
Engineer under the regulations defined elsewhere herein.
d.
Minor
modifications or changes in the approved plans and specifications
may be effected only upon written approval of the Planning Board Engineer
but some changes may require further review and approval of the Planning
Board and Pinelands Commission pursuant to Section 4-309 of the Comprehensive
Management Plan.
e.
Any application
for development shall demonstrate conformance to design standards
that will encourage sound development patterns within the Borough.
Where either an Official Map and/or Master Plan have been adopted,
the development shall conform to the proposals and conditions shown
thereon. The streets, school sites, etc. shown on the officially adopted
Master Plan shall be considered in the approval of plats. Proposed
development shall also conform to the standards and management programs
of the Pinelands Comprehensive Management Plan as contained within
this chapter.
In accordance with good design practices, extreme deviations
from rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing facilities or installed
in required locations to enable future connections with approved systems
or contemplated systems, and shall be adequate to handle all present
and probable future development.
f.
Whenever
a development abuts or crosses a municipal boundary, access to those
lots within the Borough shall be from within the Borough as the general
rule. Wherever access to a development is required across land in
an adjoining community as the exception, the approving authority may
require documentation that such access is legally established, and
that the access road is adequately improved.
g.
The proposed
name of the development or street shall not duplicate, or too closely
approximate, the name of any other development or street in the Borough.
The approving authority shall have final authority to designate the
name of the development or street.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1301]
Any accessory building attached to a principal building is part
of the principal building and shall adhere to the yard requirements
for the principal building.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1302]
a.
Block
length, width and acreage shall be sufficient to accommodate the size
lot required in that zoning district and to provide for convenient
access, circulation control, and traffic safety.
b.
Blocks
over 1,000 feet long in residential areas shall be discouraged and
blocks over 1,500 feet in residential areas shall be prohibited.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1303; Ord. No. 12/82 § VII; Ord.
No. 7/20/89 § 24]
a.
Buffer
areas are required along all lot lines and street lines which separate
a nonresidential use from either an existing residential use or residential
zoning district. Buffer areas shall be developed in an aesthetic manner
for the primary purposes of screening views and reducing noise perception
beyond the lot. Buffer widths shall be measured horizontally and perpendicularly
to lot and streetlines. No structure, activity, storage of materials,
or parking of vehicles shall be permitted in a buffer area. The standards
for the location and design of buffer areas are intended to provide
flexibility in order to provide effective buffers. The location and
design of buffers shall consider the use of the portion of the property
being screened, the distance between the use and the adjoining property
line, differences in elevations, the type of buffer such as dense
planting, existing woods, a wall or fence, buffer height, buffer width,
and other combinations of manmade and natural features. The buffer
shall be designed, planted, graded, landscaped and developed with
the general guideline that the closer a use or activity is to a property
line, or the more intense the use, the more effective the buffer area
must be in obscuring light and vision and reducing noise beyond the
lot.
b.
A minimum
of 1/2 of the periphery that requires a buffer shall have a buffer
at least 10 feet wide which shall be designed, planted, graded, landscaped,
and developed to obscure the activities of the site from view. In
addition, the periphery that requires a buffer may consist of the
following: (1) fencing or walls in a landscaped area not less than
10 feet wide; (2) a landscaped area with at least five feet high growth.
c.
All buffer
areas shall be planted and maintained with either grass of ground
cover together with a screen of live shrubs or scattered planting
live trees, shrubs, or other plant material meeting the following
requirements: (1) the preservation of all natural wooded tracts shall
be an integral part of all site plans and may be calculated as part
of the required buffer area provided the growth is of a density and
the area has sufficient width to serve the purpose of a buffer. Where
additional plantings are necessary to establish an appropriate tone
for an effective buffer, the plantings may be required; (2) plant
materials used in screen planting shall be at least three feet in
height when planted and be of such density as will obscure, throughout
the full course of the year, the glare of automobile headlights emitted
from the premises; (3) the screen planting shall be so placed that
at maturity it will not be closer than three feet from any street
or property line; (4) trees shall be at least five feet in height
when planted and be of species common to the area, be of balled and
burlapped nursery stock, and be free of insect and disease; (5) any
plant material which does not live shall be replaced within one year
or one growing season; (6) screen plantings and landscaping shall
be broken at points of vehicular and pedestrian ingress and egress
to assure a clear sight triangle at all street and driveway intersections.
d.
No more
than 10 automobiles or other motor vehicles, whether or not they are
in operating condition, shall be stored on any lot unless such motor
vehicles are adequately screened from adjacent residential uses. All
vehicles not in operating condition shall be stored only if the gasoline
tanks of such vehicles are drained.
e.
Above-ground
generating facilities, switching complexes, pumping stations, and
substations shall be screened with vegetation from adjacent uses.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1304]
Nothing in this chapter shall require any change in a building
permit, site plan or zoning variance which was approved before the
enactment of this chapter, but is in violation of this chapter, provided
that construction based on such a building permit shall have been
started within the effective period of the permit but not to exceed
one year from the effective date of this chapter and, in the case
of a site plan or variance, a building permit shall have been issued
within 90 days following the effective date of this chapter. In all
instances, the project shall be continuously pursued to completion,
otherwise the approvals and permits shall be void.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1305]
Any principal or accessory building located on a corner lot
shall have a minimum setback for one street line equal to the required
front yard, with the second front yard provided in accordance with
the prevailing yard pattern in the block. The remaining two yards
shall be considered side yards for the purpose of this chapter.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1306; Ord. No. 2005-25]
Concrete curb shall be installed along every street within the
development and at intersections with local roads, County roads and
State highways. The standard curb section to be used shall be not
more than 10 feet in length, shall be set in accordance with approved
lines and grades, and radial curbs shall be formed in an are segment,
in a smooth curve. Chord segments are prohibited. Concrete curbs shall
be eight inches by 18 inches (six inch exposed face), using Class
B concrete having a twenty-eight-day compressive strength of 3,500
p.s.i. and shall be air entrained. At locations specified by the approving
authority, the curbing shall be designed to provide a ramp for bicycles
and/or wheelchairs.
a.
Inspection.
All new curbing and the replacement of any existing curb shall be
inspected for conformity to this chapter and appropriate elevations.
1.
The
Planning Board Engineer shall cause the inspection of the excavation
and forms prior to installation and then inspect the finished curb.
2.
No excavation
and forming shall be started more than 48 hours prior to inspection,
and installation to be accomplished within 48 hours of the preliminary
form inspection.
b.
Fees.
A fee of $50 will be charged for each inspection of the curb project.
When curbing is done contemporaneously with a sidewalk project only
one fee of $50 will be charged for the pre- and post- inspections.
c.
Penalty.
Anyone who violates paragraph a.2 shall be subject to a fine as established
in the general penalties. Each twenty-four-hour period shall constitute
a separate violation for purposes of enforcement action.
[Ord. No. 11/78; Ord. No. 5/24/82]
All streets shall be provided with storm water inlets and pipes
where same may be necessary for proper surface drainage. The system
shall be adequate to carry off and/or store the storm water and natural
drainage water which originates beyond the development boundaries
and passes through the development calculated on the basis of maximum
potential development as permitted under this chapter. No storm water
run-off or natural drainage water shall be so diverted as to overload
existing drainage systems or create flooding or the need for additional
drainage structures on other lands without proper and approved provisions
being made for taking care of these conditions, including off-tract
improvements. All drainage design and computation factors shall be
submitted to the Planning Board Engineer for review and approval and
shall conform to the requirements of subsection 25-27.41.
a.
The duration
of a storm used in computing storm water run-off shall be the equivalent
of the time required for water falling at the most remote point of
the drainage area to reach the point in the drainage system under
consideration.
b.
No pipe
size in any storm drainage system shall be less than 15 inches in
diameter.
c.
Dished
gutters on local streets shall be permitted only at “T”
intersections involving local streets. Dished gutters shall not be
permitted on arterial or collector streets.
d.
Storm
drain pipes running longitudinally along streets shall not be located
under curbing.
e.
Storm
drain pipes shall be reinforced concrete pipe in all cases and shall
be of the size specified and laid to the exact lines and grades approved
by the Planning Board Engineer. Reinforced concrete pipe shall conform
to A.S.T.M. specification C76. All pipe shall be Class III strength
except where stronger pipe is required as determined by the Planning
Board Engineer. Joints shall be made with “O-Ring” rubber
gaskets.
In locations other than within the right-of-way of public roads
where, because of severe topographic conditions or the desire to minimize
the destruction of trees and vegetation, corrugated aluminum pipe,
pipe arch, or helical corrugated pipe may be used. The material used
shall comply with the Standard Specifications for Corrugated Aluminum
Alloy Culvert Pipe and Pipe Arch ASSHO designation M-211-65. The minimum
thickness of the aluminum pipe to be used shall be: less than twenty-four
inch diameter or equivalent, 0.075 inches (14 gauge); twenty-four-inch
diameter and less than forty-eight-inch diameter or equivalent, 0.105
inches (12 gauge); forty-nine-inch but less than seventy-two-inch
diameter or equivalent, 0.135 inch (10 gauge); and seventy-two-inch
diameter or equivalent, and larger, 0.164 inches (eight gauge).
f.
For both
major and minor developments, blocks and lots shall be graded to secure
proper drainage away from all buildings and to prevent the collection
of storm water in pools and to avoid concentration of storm water
from each lot to adjacent lots.
g.
Where a minor or major site plan or subdivision is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected storm water run-off in the future based upon reasonable growth potential in the municipality and, in addition thereof, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way, and, in any event, meeting any minimum widths and locations shown on any adopted official map or master plan or as required under the subsection 25-27.9 entitled, “Easements.”
[Ord. No. 11/78; Ord. No. 5/24/82 § 1308]
Easements along rear property lines or elsewhere for utility
installation may be required, but are discouraged. Such easements
shall be at least 20 feet wide for one utility and five additional
feet for each additional utility and be located in consultation with
the companies or municipal departments concerned and, to the fullest
extent possible, be centered on or adjacent to rear or side lot lines.
Flood plain and conservation easements shall be indicated on
the preliminary and final plats and shown in such a manner that their
boundaries can be accurately determined.
The removal of trees and ground cover shall be prohibited in a conservation easement or flood plain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes, or approved conservation plan by the Soil Conservation District. In the Pinelands Area, Lakehurst, the removal of trees in easements or floodplains must be in accordance with subsection 25-27.50 of this chapter.
[Ord. No. 12/82 § VIII]
All development shall be carried out in a manner which promotes
energy conservation. Such measures may include southern orientation
of buildings, landscaping to permit solar access and the use of energy
conserving building materials.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1309; Ord. No. 12/82 § VIII; Ord.
No. 2014-01]
a.
Location
in Sight Triangle. Fences, walls or screening shall not be located
in any required sight triangle.
b.
Fences.
1.
Ornamental
screening type fences and other fences shall not exceed six feet in
height in any zone. The six-foot height shall be limited to fencing
of side yards from the front building line of the most forward dwelling
on the lands to be fenced to the rear property line and along the
rear property line. In the event lands to be fenced are not those
containing a dwelling at the time of fencing, the fence shall not
exceed six feet in height from the front building setback line to
the rear property line.
2.
Height
of fence in front yard.
(a)
No fence from the building setback line of an existing dwelling to
the front property line or along the front property line shall be
permitted in excess of four feet in height.
(b)
A Fence in excess of four feet but no higher than six feet is permitted
in the front yard that abuts the side of the dwelling, provided that:
(1)
The fence shall be set back at least five feet from the street right-of-way;
and
(2)
The fence shall not encroach on any part of the front yard that abuts
the front of the dwelling, i.e., the fence shall not extend beyond
the front building setback line; and
(3)
The fence shall comply with all other provisions of this chapter.
3.
Height
of living fences. Fencing or screening composed of living plants,
hedges, or bushes or of evergreen or deciduous living plants or trees
shall be permitted in excess of six feet in height to be used as fencing
or screening along any property lines.
4.
Exception
for shade trees. The above reference to living plants, however, shall
not apply to those trees designated as shade trees that may be planted
or growing near the property lines.
5.
Restriction
on erection of solid fences. Solid fences shall not be erected between
the front setback line and the front property line, if they shall
obstruct the vision of the adjoining property owners so as to become
a hazard entering or exiting from potential driveways.
6.
Zoning
permit required. A zoning permit for the construction of all fences
shall be obtained from the Zoning Officer, and no fence shall be erected
or constructed without such a permit. The fee for such a permit is
$10. Fences must be installed on the property for which a permit was
obtained, with the finished side of the fence facing the neighboring
property.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1310; Ord. No. 12/82 § VIII; Ord.
No. 7/20/89 § 25]
Provision shall be made for fire hydrants along streets and/or
on the walls of nonresidential structures as approved by the Planning
Board Engineer and in accordance with Fire Insurance Rating Organization
Standards.
Where streams or ponds exist, or are proposed on lands to be
developed, facilities shall be provided to draft water for firefighting
purposes. This shall include access to a public street suitable for
use by firefighting equipment and construction of or improvements
to ponds, or similar on-site or off-site development, where feasible.
Such facilities shall be constructed to the satisfaction of the Planning
Board Engineer and Fire Department and in accordance with fire Insurance
Rating Organization Standards.
Each hydrant shall have an independent, below-ground, shut-off
valve.
Where applicable, new development will conform with Section
6.124 of the Pinelands Comprehensive Management Plan.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1311; Ord. No. 12/82 § VIII; Ord.
No. 7/20/89 § 26]
No development shall be carried out in the Pinelands Area unless
it is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection pursuant to N.J.S. 23:2A-1 et seq. All development or other
authorized activity shall be carried out in a manner which avoids
disturbance of fish and wildlife habitats that are essential to the
continued nesting, resting, breeding and feeding of significant populations
of fish and wildlife.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1312; Ord. No. 12/82 § VIII]
The purposes of the following flood plain regulations are: (1)
to implement the land use rules and regulations promulgated by the
New Jersey Department of Environmental Protection for floodways and
the flood fringe portion of a flood hazard area; (2) to discourage
construction and regrading in flood hazard areas; (3) to prevent encroachments
into flood hazard areas which would obstruct or constrict the area
through which water must pass; and (4) to prevent pollution of water
courses during low or high water periods by preventing the placing
or storing of unsanitary or dangerous substances in the flood hazard
areas.
a.
The
flood hazard design elevation shall be determined on an individual
basis based upon stream encroachment line data from the Division of
Water Resources or, in the absence of that data, the flood elevation
based on a 100-year storm frequency. One or the other shall be delineated
on the plat. In addition, the Planning Board Engineer may, upon receipt
of the application and with the consent of the landowner and at the
landowner’s expense, determine the precise location of a floodway
and flood fringe area by close inspection, field survey or other appropriate
method and cause if requested the same to be marked on the ground
and on the plat, and notifying the owner, the New Jersey Department
of Environmental Protection, Division of Water Resources, and the
approving authority. The assistance of the United States Department
of Agriculture, Soil Conservation Service, U.S. Corps of Engineers,
and the New Jersey Department of Environmental Protection, Division
of Water Resources may be sought to aid in delineating the flood hazard
design elevation except that where State or Federal agencies shall
subsequently publish any reports which delineate the flood hazard
design elevation of a water course, the report shall be the officially
delineated flood hazard area as if the report were published in this
chapter.
b.
Any
lot containing a floodway portion of a drainage course and on which
it is proposed to regrade and/or construct an improvement shall not
be permitted unless the proposed use is permitted by this chapter,
plat approval has been granted, and a floodway permit has been issued
by the New Jersey Department of Environmental Protection, Division
of Water Resources where required by State Regulations.
c.
Any
lot containing a flood fringe portion of the flood hazard area and
on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter and until plat approval has been granted.
d.
The
procedure for reviewing any proposed regrading and/or construction
shall be the same as set forth for plat review. No application shall
be approved and no permit granted until all zoning violations have
either been corrected or a variance granted.
e.
The
applicant shall submit maps, reports, and other appropriate documents
permitting the approving authority to evaluate whether the proposal
has an inherent low flood damage potential; does not obstruct flood
flows or increase flood heights and/or velocities; does not affect
adversely the water carrying capacity of any delineated floodway and/or
channel; does not increase local run-off and erosion; does not unduly
stress the natural environment of the flood plain or degrade the quality
of surface water or the quality and quantity of ground waters; does
not require channel modification or relocation; does not require fill
or the erection of structures; does not include the storage of equipment
and materials.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1313]
All lots where fill material is deposited shall have clean fill
and/or top soil deposited which shall be graded to allow complete
surface draining of the lot into local storm sewer systems or natural
drainage courses. No regrading of a lot shall be permitted which would
create or aggravate water stagnation or a drainage problem on-site
or on adjacent properties, or which will violate other provisions
of this chapter. Grading shall be limited to areas shown on approved
site plan or subdivision. Any top soil disturbed during approved excavation
and grading operations shall be redistributed throughout the site.
Within the Pinelands Area, Lakehurst, any grading and filling shall comply with subsection 25-27.49 of this chapter.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1314; Ord. No. 12/82 §§ VIII, IX; Ord. No. 7/20/89 § 27; Ord.
No. 97-05 § 9]
The height limitations of this chapter shall not apply to church
spires, belfries, cupolas, chimneys, ventilators, skylights, water
tanks, solar heating apparatus, electric transmission facilities and
supporting structures, and similar features and necessary mechanical
appurtenances usually carried above the roof level provided that the
height does not exceed imaginary surfaces necessary to provide for
safe aircraft operation. Such features, however, shall be erected
only to such height as is necessary to accomplish the purpose that
they are to serve. Provisions of this chapter shall permit the erection
of parapet walls or cornices for ornament without windows above the
building height limit by not more than five feet. Quasi-public buildings
and public buildings, schools, churches, and other similar permitted
uses may exceed the height limit herein established provided that
such uses shall increase the front, rear, and side yards one foot
for each foot by which such building exceeds the height limit established
for the district within which the use is located. The height limitations
of this chapter shall not apply to the antenna and any supporting
structure of a local communication facility of greater than 35 feet,
provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are
met.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1315; Ord. No. 12/82 § VIII; Ord.
No. 7/20/89 § 28; Ord. No.
97-05 §§ 10, 11]
a.
The
Planning Board shall exercise all the powers and perform all the duties
set forth in N.J.A.C. 7:50-6.153(a), including recommendations to
the Borough Council for designation of historic resources, in accordance
with N.J.S. 40:55D-1 et seq., which are determined to be significant
pursuant to paragraph e.2 below.
b.
Authority
to issue certificates of appropriateness.
c.
Certificates
of appropriateness shall be required for the following:
1.
Construction,
encroachment upon, alteration, remodeling, removal, disturbance, or
demolition of any resource designated by the Borough Council or the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action
which renders such a site inaccessible; and
2.
Development
not otherwise exempted from review pursuant to subsection 25-4.7a.2
of this chapter where a significant resource has been identified pursuant
to paragraph e below.
d.
Applications
for certificates of appropriateness shall include the information
specified in N.J.A.C. 7:50-6.156(b).
e.
A cultural
resource survey shall accompany all applications for development in
order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the “Cultural Resource Management Plan,” dated April
1991, as amended. In general, the survey shall include: a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects’ potential environmental impacts; a thorough search
of State, local and any other pertinent inventories to identify sites
of potential significance; a review of the literature and consultation
with professional and avocational archaeologists knowledgeably about
the area; thorough pedestrian and natural resources surveys; archaeological
testing as necessary to provide reasonable evidence of the presence
or absence of historic resources of significance; adequate recording
of the information gained and methodologies and sources used; and
a list of personnel involved and qualifications of the person(s) performing
the survey.
1.
This
requirement for a survey may be waived by the local approval agency
if:
(a)
There is insufficient evidence of significant cultural activity on
the project site or, in the case of archaeological resources, within
the vicinity:
(b)
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive understanding of Pinelands
culture; or
(c)
The evidence of cultural activity lacks any potential for significance
pursuant to the standards of paragraph e.2 below.
2.
A resource
shall be deemed to be significant if it possesses integrity of location,
design, setting, materials, workmanship, feeling, and association
which reflects its significance in American history, architecture,
archaeology, or culture under one or more of the following criteria:
(a)
The presence of structures, sites, or areas associated with events
of significance to the cultural, political, economic, or social history
of the nation, State, local community, or the Pinelands; or
(b)
The presence of structures, sites, or areas associated with the lives
of persons or institutions of significance to the cultural, political,
economic, or social history of the nation, State, local community
or the Pinelands; or
(c)
The presence of structures that represent the work of a master, or
that possess high artistic values, or that embody the distinctive
characteristics of a type, period, or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, State,
local community, or the Pinelands, although its components may lack
individual distinction; or
(d)
The presence of a site or area which has yielded or is likely to
yield significant information regarding the history or archaeological
history of the Pinelands.
f.
The
standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board
and Board of Adjustment.
g.
The
effect of the issuance of a certificate of appropriateness is as follows:
1.
All
subsequent development approvals shall be issued or denied in a manner
consistent with the certificate of appropriateness except as provided
in paragraph 2 below.
2.
A certificate
of appropriateness issued as a result of the cultural resource survey
requirement set forth in paragraph e above shall be effective for
two years. If the resource is not designated by the Pinelands Commission
pursuant to N.J.A.C. 7:50-6.154 or by the Borough Council pursuant
to N.J.S. 40:55D-1 et seq. within that two-year period, the historic
resource standards of this subsection shall no longer apply to the
resource in question until such time as the Pinelands Commission designates
the resource pursuant to N.J.A.C 7:50-6.154.
h.
The
following information will be required to document resources which
are not found to be significant but which are otherwise found to present
graphic evidence of a cultural activity:
1.
A narrative
description of the resource and its cultural environment;
2.
Photographic
documentation to record the exterior appearance of buildings, structures,
and engineering resources;
3.
A site
plan depicting in correct scale the location of all buildings, structures,
and engineering resources; and
4.
A New
Jersey State inventory form as published by the New Jersey Department
of Environmental Protection for buildings and a narrative description
of any process or technology if necessary to elaborate upon the photographic
record.
i.
If archaeological
data is discovered on a site at any time after construction has been
commenced, the developer shall immediately cease construction, notify
the Planning Board and the Pinelands Commission and take all reasonable
steps to protect the archaeological data in accordance with the “Guidelines
for the Recovery of Scientific, Prehistoric, Historic and Archaeological
Data: Procedures for Notification, Reporting and Data Recovery”
(36 C.F.R. 66).
[Ord. No. 11/78; Ord. No. 5/24/82 § 1316; Ord. No. 12/82 § VIII]
Home occupation may be permitted as accessory uses 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.
There
shall be no more than two employees other than the bonafide residents
of the dwelling.
b.
The
portion of the dwelling utilized for the home occupation shall not
exceed 50% of the first floor area of the dwelling.
c.
The
occupation shall be conducted entirely within the dwelling or within
an accessory building or buildings.
d.
No sounds
shall be audible outside the building.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1317; Ord. No. 12/82 § 1317]
Home professional offices may be permitted as accessory uses
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.
Not
more than one professional without associates or partners, may utilize
the office, except that one additional professional may be permitted,
provided that both professionals are members of the same immediate
family which includes parent, children and spouses only.
b.
Not
more than two persons may be employed as office personnel.
c.
The
portion of the dwelling devoted to professional office use shall not
exceed 30% of the total floor area of the building.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1318; Ord. No. 12/82 § VIII]
Where specifically permitted pursuant to this chapter, the following
minimum standards shall be met:
c.
Appropriate
areas shall be set aside for the recreational needs of the guests.
d.
All
garbage receptacles for storage and pickup shall be centrally located
and easily acceptable within a screened above-ground enclosure.
e.
Such
other performance standards as may be required by the approving authority.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1319; Ord. No. 12/82 § VIII]
All commercial parking areas shall be properly lighted to the
satisfaction of the approving authority.
All area lighting shall provide translucent fixtures with shields
around the light source. The light intensity provided at ground level
shall average a maximum of one foot candle over the entire area. For
each fixture and lighted sign, the total quantity of light radiated
above a horizontal plane passing through the light source shall not
exceed 7 1/2% of the total quantity of light emitted from the light
source. Any other outdoor lighting shall be shown on the site plan
in sufficient detail to allow determination of the effects at the
property line and on nearby streets, driveways, residences, and overhead
sky glow. No lighting shall shine directly or reflect into windows,
or onto streets and driveways in such a manner as to interfere with
driver vision. No lighting shall be of a yellow, red, green or blue
beam nor be of a rotating, pulsating, beam, or other intermittent
frequency. The intensity of such light sources, light shielding, the
direction and reflection of the lighting, and similar characteristics
shall be subject to the site plan approval by the approving authority.
The objective of these specifications is to minimize undesirable off-site
effects.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1320; Ord. No. 12/82 § VIII]
a.
Lot
dimensions and area shall not be less than the requirements of the
zoning provisions.
b.
Insofar
as is practical, side lot lines shall be either at right angles or
radial to street lines.
c.
Each
lot must front upon an approved, paved street with a right-of-way
of at least 50 feet except as otherwise provided herein.
d.
New
through lots with frontage on two streets will be permitted only under
the following conditions; (1) where the length of the lot between
both streets is such that future division of the lot into two lots
is improbable; and (2) access shall be to the street with the lower
traffic function and the portion of the lot abutting the other street
shall be clearly labeled on the plat, and in any deed, that street
access is prohibited.
e.
Where
extra width has either been dedicated or anticipated for widening
of existing streets, zoning considerations shall begin at such new
street line and all setbacks shall be measured from such line.
f.
Two
or more contiguous lots under the same ownership, regardless of whether
or not each may have been approved as portions of a subdivision, acquired
by separate conveyance, or by other operation of law, and one or more
of the lots should not conform with the minimum area and/or dimension
requirements for the zone in which it is located, the contiguous lots
shall be considered as a single lot and the provisions of this chapter
shall hold.
g.
Whenever
land has been dedicated or conveyed to the Borough by the owner of
a lot in order to meet the minimum street width requirements or to
implement the Master Plan, and which lot existed at the effective
date of this chapter, the Construction Code Official shall not withhold
a building and/or occupancy permit when the lot depth and/or area
was rendered substandard due to such dedication and where the owner
has no adjacent lands to meet the minimum requirements.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1321; Ord. No. 12/82 § VIII]
Monuments shall be the size and shape required by N.J.S. 46:23-9.12
of the “Map Filing Law”, as amended, and shall be placed
in accordance with the statute and indicated on the final map.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1322; Ord. No. 12/82 § VIII]
Natural features such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area. In the Pinelands Area, Lakehurst, all development shall be in accordance with subsections 25-27.46 and 25-27.49.
[Ord. No. 11/18; Ord. No. 5/24/82; Ord.
No. 12/82 § VIII]
The lawful use of land, buildings, or structures existing when
this chapter was adopted may be continued on the lot or in the structure
although they may not conform to this chapter and any such structure
may be restored or repaired in the event of partial destruction thereof
provided, however, that none shall be enlarged, extended, relocated,
converted to another use, or altered except in conformity with this
chapter, except as permitted below. Land on which nonconforming use
or structure is located and any nonconforming lot shall not be subdivided
or resubdivided so as to be made more noncon-forming in any manner.
a.
Abandonment. A nonconforming use shall be considered abandoned:
(1) if it is terminated by the owner; (2) if a nonconforming use involving
a structure is discontinued for 12 consecutive months; or (3) if a
nonconforming use of land without structure(s) ceases for a period
of six months. The subsequent use of the abandoned building, structure,
and/or land shall be in conformity with this chapter.
b.
Conversion to Permitted Use. Any nonconforming building,
structure, or use may be changed to conform to this chapter, but shall
not be changed back to a nonconforming status.
c.
Maintenance. May be made to a nonconforming use, structure,
or lot provided the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose, or increase the nonconformity
in any manner.
d.
Restoration and Repairs.
1.
Any
nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm, or act of God, shall
be examined by the following three people: (1) the Construction Code
Official; (2) the owner or an architect or engineer selected by the
owner; and (3) a third person agreed to by the Construction Code Official
and the owner whose fee shall be agreed to and shall be paid in equal
portions by the Borough and the owner. If in the opinion of the majority
of the above three people, the value of repairing the condition is
greater than 50% of the value of replacing the entire structure, it
shall be considered completely destroyed and may be rebuilt to the
original specifications only upon approval of a use variance as provided
by State statutes.
2.
Where
the value of repairing the condition is determined to be less than
50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided it does not exceed the height, area and bulk of the original
structure.
3.
The
percent damaged or condemned shall be the current replacement costs
of the portion damaged or condemned computed as a percentage of the
current replacement cost of the entire structure, neither to include
the cost of the foundation unless the foundation is damaged or condemned.
e.
Any
nonconforming use, structure or lot may be sold and continue to function
in the same nonconforming manner.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1324; Ord. No. 12/82 § VIII; Ord.
No. 2004-15]
a.
Access to and from Lots. Drives shall be limited to a maximum
of two to any street, except when the frontage of a property along
any one street exceeds 500 feet, the number of drives to that street
may be based on one drive for each 250 feet of property frontage.
Each drive shall be at least 50 feet or 1/2 the lot frontage, whichever
is greater, but need not exceed 300 feet from the streetline of any
intersecting street; and be at least 10 feet from any property line.
The width of the curb cut shall be determined by the type traffic
to be handled and the limitation to the number of lanes of traffic.
Driveways with widths exceeding 25 feet shall be reviewed by the approving
authority giving consideration to the width, curbing, direction of
traffic flow, radii of curves, and traffic lane divider. Curbing shall
be either depressed at the driveway or have the curbing rounded at
the corners with the access drive connected to the street in the same
manner as another street.
b.
Access to Parking and Loading Spaces. Individual parking
and loading spaces shall be served by on-site aisles designed to permit
each motor vehicle to proceed to and from each parking and loading
space without requiring the moving of any other motor vehicle. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
c.
Buffers. Parking and loading areas for commercial and industrial
uses shall be buffered from adjoining streets, existing residential
use, or any residential zoning district in a manner meeting the objectives
of the buffer section of this chapter.
d.
Curbing. All off-street parking areas containing six or
more spaces and all off-street loading areas shall have concrete curbing
around the perimeter of the parking and loading areas and to separate
major interior driveways to separate them from the parking and loading
spaces. Curbing may also be installed within the parking or loading
areas to define segments of the parking or loading areas. Concrete
wheel blocks may be located within designated parking or loading spaces.
All curbing shall be located in conjunction with an overall drainage
plan. Curbing installed at locations requiring pedestrian access over
the curbing shall be designed to have ramps from the street grade
to the sidewalk. The breaks shall be either opposite each aisle or
no less frequent than one every 65 feet along the curb.
e.
Dimensions. Off-street parking spaces shall be nine feet
wide and a minimum of 18 feet in length. In any event, in parking
lots containing more than 10 spaces a minimum of one space shall be
a minimum of 12 feet wide and for parking lots with more than 20 spaces,
5% of all spaces but not more then 10 spaces shall be 12 feet wide.
These wider spaces shall be located in one area and designated as
parking for the handicapped. They shall be located so that access
does not require wheeling or walking behind parked cars.
|
|
For Parking Spaces 10 Feet Wide
| |
|---|---|---|
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|
90°
|
20 feet
|
24 feet
|
|
60°
|
20 feet
|
24 feet
|
|
parallel
|
16 feet
|
20 feet
|
|
Off-street loading spaces shall have 15 feet of vertical clearance
and be designed in accordance with the following schedule:
| ||
|
Loading
|
Space
|
Apron/Aisle
|
Length
|
|---|---|---|---|
|
Length
|
Width
|
90°
|
60°
|
|
60 feet
|
10 feet
|
72 feet
|
66 feet
|
|
60 feet
|
12 feet
|
63 feet
|
57 feet
|
|
60 feet
|
14 feet
|
60 feet
|
54 feet
|
f.
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Planning Board Engineer and in accordance with the “Drainage” provisions of Section 25-27 of this chapter. Where sub-base conditions are wet, spongy, or of such nature that surfacing would be inadvisable without first treating the sub-base, these areas shall be excavated to a depth of at lest six inches to 12 inches as conditions dictate below the proposed finished grade and filled with a suitable sub-base material as determined by the Planning Board Engineer. Where required by the engineer, a system of porous concrete pipe, subsurface drains be constructed beneath the surface of the paving and connected to a suitable drain. After the sub-base material has been properly placed and compacted, the parking area surfacing material shall be applied.
g.
Surfacing. Surfacing shall be approved as part of the plan
approval. (1) Unless determined by the Planning Board Engineer that
site conditions or anticipated traffic warrant an increased paving
section, all loading and parking spaces, aisle and driveway areas
shall be paved with a minimum of two inches of compacted wearing surface
of bituminous concrete (FABC) and constructed thereon in accordance
with Division 3, Section 10, of the Department of Transportation Specifications
and amendments thereto. A six inch gravel base shall be provided.
h.
Landscaping. Landscaping in parking and loading areas shall be shown on the Natural Resources portion of the site plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet, and placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover to the maximum extent feasible to the satisfaction of the approving authority. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation, or plantings, singularly or in combination. Native vegetation shall be used to the extent practical, in accordance with subsection 25-27.47 of this chapter.
i.
Minimum Loading Requirements. Adequate off-street loading
and maneuvering space shall be provided for every retail or wholesale
commercial and/or industrial use.
The following standards shall be applied:
1.
A minimum
of one space per retail or wholesale commercial and/or industrial
use except that where more than one use shall be located in one building
or where multiple uses are designed as part of a shopping center or
similar self-contained complex, the number of loading spaces shall
be based on the cumulative number of loading spaces based on the number
of square feet within the building or complex; dispersed throughout
the site to best serve the individual uses; and have site plan approval.
2.
There
shall be a minimum of one trash/garbage pickup location separate from
the parking and loading areas and located either within or outside
a building in steel-like totally enclosed container(s) located and
screened to be obscured from view from parking areas, streets, and
adjacent residential uses or residential zoning districts. If located
within the building, the doorway(s) may serve both the loading and
trash/garbage collection functions.
If a container used for trash/garbage collections function is
located outside in the building, it may be located adjacent to or
within the general loading area(s) provided the container(s) in no
way interferes with or restricts the loading and unloading functions.
3.
Per
every retail or wholesale commercial and/or industrial building, structure
or part thereof having over 10,000 square feet of gross floor area
erected and occupied, there shall be provided at least one truck standing,
loading and unloading space on the premises. Buildings that contain
an excess of 15,000 square feet of gross floor area shall be required
to provide additional off-street loading space as determined by the
Planning Board during site plan review.
4.
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.
5.
Unless
otherwise permitted, fire zones shall not be used as standing, loading
or unloading areas.
6.
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.
7.
No
off-street loading and unloading area shall be permitted in any required
front yard area.
j.
Minimum Parking Requirements.
1.
Automotive
repair garage or body shop: one parking space for each 400 square
feet of gross floor area.
2.
Automotive
sales and service: one parking space for each 400 square feet of gross
floor area shall be provided for customer and employee parking. These
areas shall be in addition to areas utilized for display and storage
of vehicles. Site plans shall specify which parking spaces are designated
for customers, employees, display and storage.
3.
Automotive
service station: five parking spaces for each service bay, exclusive
of vehicle service area. In no instance shall there be less than five
off-street parking spaces.
4.
Banks,
savings and loan associations and similar financial institutions:
one parking space for each 200 square feet of gross floor area.
5.
Bar,
cocktail lounge, nightclub, including Restaurants with Bars: one parking
space for each 50 square feet of gross floor area.
6.
Barber
and beauty shop: three parking spaces for each chair, but not less
than one parking space per 200 square feet of gross floor area.
7.
Bowling
alley: five parking spaces for each lane. Other commercial uses within
the same building will be computed separately in accordance with this
section.
8.
Business
offices: one parking space for each 150 square feet of gross floor
area.
9.
Car
washes: five parking spaces for employees plus off-street storage
(stacking) space equal to at least five times the number of cars that
can be in the wash process at one time. For self-wash or self-service
car washes, the requirement for employee parking shall be eliminated.
10.
Church,
temple or chapel: one parking space for each four seats in the main
congregation seating area. Where no individual seats are provided,
20 inches of bench shall be considered as one seat. Where seats or
benches are not provided, or are provided only in a portion of the
main congregation seating area, one parking space for each 50 square
feet of floor area within the main congregation seating area.
11.
Community
center, library, museum, art gallery: one parking space for each 200
square feet of gross floor area.
12.
Community
club, private club, lodge: one parking space for each 100 square feet
of gross floor area.
13.
Convalescent
home, nursing home, rest home: one parking space for each two beds
based on its licensed bed capacity.
14.
Meeting
rooms, assembly or exhibition hall: one parking space for each 50
square feet of gross floor area.
15.
Dwellings:
two parking spaces for each single family dwelling. Two parking spaces
for each unit in multiple-family dwellings and two-family dwellings.
16.
Dental
or medical offices: one parking space for each 100 square feet of
gross floor area, except that if located within a building housing
three or more separate, unassociated practitioners the requirement
shall be one parking space for each 150 square feet of gross floor
area.
17.
Drive-in
restaurant: one parking space for each 35 square feet of gross floor
area.
18.
Driving
range, miniature golf: one parking space for each tee or hole.
19.
Farmers
market, auction market: one parking space for each 1,000 square feet
of land area in the site.
20.
Furniture,
appliance stores or similar types of uses requiring large amounts
of Storage: one parking space for each 400 square feet up to 4,000
square feet, plus one parking space for each 800 square feet of gross
floor area above 4,000 square feet.
21.
Government,
office: to be determined by the Planning Board, except that governmental
offices within privately owned buildings shall provide a minimum of
one parking space for each 150 square feet of gross floor area.
22.
Hardware,
auto supply stores: one parking space for each 400 square feet of
gross floor area.
23.
Hospital
(general, mental, sanitarium): one parking space for each two beds
on its licensed capacity.
24.
Hotel,
motel: one parking space for each rental unit. Each commercial use
within the building shall be computed separately according to the
requirements for such use set forth herein. The Planning Board may
allow up to 50% of the required parking for commercial uses in the
hotel or motel to be satisfied by guest room parking.
25.
Laundromats
or similar coin-operated cleaning: one parking space for each 200
square feet of gross floor area.
26.
Manufacturing
or industrial establishment, research or testing laboratory, bottling
plant or similar uses: one parking space for each 500 square feet
of gross floor area.
27.
Mortuary,
funeral home: one parking space for every 100 square feet of gross
floor area.
28.
Nursery
school, day camp or similar uses: one parking space for each 500 square
feet of gross floor area.
29.
Professional
office: one parking space for each 150 square feet of gross floor
area.
30.
Public
and private utilities, electrical substation, gas regulator, water
works, pumping station and similar facilities: to be determined by
the Planning Board based on the specific need of the use.
31.
Restaurant,
cafe, diner: one parking space for each 50 square feet of gross floor
area.
32.
Recreation
facilities: those not specifically mentioned herein shall be determined
by the Planning Board.
33.
Retail
stores, except otherwise specified: one parking space for each 150
square feet of gross floor area.
34.
Studio:
art, music, dance, gymnastics and similar for the purpose of giving
instruction rather than shows or exhibitions: one parking space for
each 100 square feet of gross floor area.
36.
Shopping
centers: 5.5 parking spaces for each 1,000 square feet of gross floor
area.
37.
Theater:
one parking space for each 35 square feet of gross floor area.
38.
Veterinary
clinics or hospitals or animal care facilities: one parking space
for each 400 square feet of gross floor area.
39.
Warehouse,
wholesale, machinery or large equipment sales: one parking space for
each 1,500 square feet of gross floor area plus one parking space
for each vehicle used in connection with the business.
k.
Location of Parking and Loading Areas.
1.
Loading
spaces shall be located on the same lot as the use being served, may
abut the building being served rather than requiring a setback from
the building, and shall be located to directly serve the building
for which the space is being provided. Parking spaces shall be located
to directly serve the building for which the space is being provided.
Parking spaces shall be located at least 20 feet from any building
being served. No off-street parking or loading space shall have direct
access from a street.
2.
No
loading and parking spaces shall be located in any required buffer
area.
3.
Parking
spaces located to serve residential uses shall be within 150 feet
of the entrance of the building and within 300 feet of commercial/industrial
uses.
4.
No
parking shall be permitted in fire lanes, streets, driveways, aisles,
sidewalks or turning areas.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1325; Ord. No. 12/82 § VIII]
No open space provided around any principal building for the
purpose of complying with front, side or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets including corner lots, the building
setback from each street shall not be less than the required front
yard.
[Ord. No. 11/78; Ord. No. 5/24/82 § 132b; Ord. No. 12/82 §§ VIII, X; Ord. No. 7/20/89 §§ 29, 30; Ord. No. 97-05 §§ 12, 13]
a.
Electricity. Electronic equipment shall be shielded so there
is no interference with any radio or television reception beyond the
operator’s property as the result of the operation of such equipment.
b.
Glare. No use shall direct or reflect a steady or flashing
light beyond its lot lines. Exterior lighting and lighting resulting
from any manufacturing or assembly operations shall be shielded, buffered,
and directed as approved on the site plan so that any glare, direct
light, flashes, or reflection will not interfere with the normal use
of nearby properties, dwelling units and streets. Also see section
entitled “Lighting” in this section.
c.
Heat. Sources of heat, including but not limited to, steam,
gases, vapors, products of combustion or chemical reaction shall not
discharge onto or directly contact structures, plant life or animal
life on neighboring uses or impair the function or operation of a
neighboring use. No use, occupation, activity, operation or device
shall cause an increase in ambient temperature, as measured on the
boundary between neighboring uses.
d.
Radioactivity. No use, activity, operation or device concerned
with the utilization or storage of radioactive materials shall be
established, modified, constructed or used without having first obtained
valid permits and certificates from the Office of Radiation Protection,
N.J.D.E.P.
Proof of compliance with this requirement shall be the submission
of duplicate copies of the permits and certificates.
e.
Vibrations.
1.
Standard.
Ground-transmitted vibrations shall be measured with a seismograph
or complement of instruments capable of recording vibration displacement
and frequency in the three mutually perpendicular directions, simultaneously.
2.
Vibration
Level Restrictions. Vibration levels shall not exceed a particle velocity
of 0.05 inches per second in any district. During the hours of 9:00
p.m. to 7:00 a.m. in residential districts, vibration levels shall
not exceed a particle velocity of 0.02 inches per second. Measurements
shall be made at the points of maximum vibration intensity and on
or beyond adjacent lot lines or neighboring uses, whichever is more
restrictive.
f.
Airborne Emissions. In all districts, no use, activity,
operation or device shall be established, modified, constructed or
used without having obtained valid permits and certificates from the
Bureau of Air Pollution Control, N.J.D.E.P. 7:27-8. Specifically,
no use, activity, operation or device shall be established, modified
or constructed without a valid “Permit to Construct”.
No use, activity, operation or device shall be operated, occupied
or used without a valid “Certificate to Operate Control Apparatus
or Equipment”. Proof of compliance with this requirement shall
be the submission of duplicate copies of the Permit to Construct and
Certificate to Operate.
In addition to the requirements of N.J.D.E.P., the following
shall also apply:
1.
Steam
Emissions. No visible emissions of steam, having an equivalent capacity
greater than 60% and excepting direct results of combustion shall
be permitted within 500 feet of a residential district.
2.
Toxic
Matter. Emissions of chemicals, gases, components or elements, listed
as being toxic matter by the American Conference of Governmental Hygenists,
N.J. Department of Labor and Industry or the U.S.E.P.A. shall not
exceed the threshold level, as determined in accordance with A.S.T.M.D.
1391. The emission of concentrations, levels or mass loadings in excess
of the threshold value shall be permitted only if the emissions of
the toxic matter comply with the applicable regulations of the N.J.D.E.P.,
N.J. Department of Labor and Industry, and U.S.E.P.A. Proof of compliance
shall require the submission of duplicate copies of certifications
or permits from N.J.D.E.P. and N.J. Department of Labor and Industry
approving the concentrations, level, or loading proposed by the applicant.
3.
Odorous
matter. No odor shall be emitted that is detectable by the human olfactory
sense at or beyond an adjacent lot line.
g.
Noise Emissions.
1.
Standard.
Noise shall be measured with a sound level meter complying with the
standards of the American National Standards Institute, “American
Standards Specifications for General Purpose Sound Level Meters”
(A.N.S.I.S. 1.4-1961 or its latest revisions). The instrument shall
be set to the A-weighted response scale and the metering to the slow
response. Measurements shall be conducted in accordance with the “American
Standard Method for the Physical Measurements of Sound” (A.N.S.I.S.1.2-1961
or its latest revision).
2.
Noise
Level Restrictions. Noises shall not exceed the maximum sound levels
specified in the table, except as designated below:
|
Noise Level Restrictions
| ||
|---|---|---|
|
Performance Category
|
Maximum Level Permitted
|
Where Measured
|
|
Residential Districts
|
55dBA
|
On or beyond the neighboring use or lot line
|
|
Agricultural Districts
|
60dBA
|
On or beyond the neighboring use
|
|
All other Districts
|
65dBA
|
On or beyond the district boundaries
|
In any residential district, the A-weighted sound levels
shall not exceed 45 dBA during the hours of 9:00 p.m. to 7:00 a.m.
Whenever a residential district abuts any other district, the most
restrictive of the limitations shall apply.
3.
Exclusions
and Permitted Variations:
(a)
The levels specified in the table may be exceeded once by 10 dBA
in a single period of 15 minutes, during one day.
(b)
Peak values of short duration also known as impact noises may exceed
the values specified in the table by 20 dBA or have a maximum noise
level of 80 dBA, whichever is more restrictive.
(c)
Noises such as alarms, sirens, emergency warning devices, motor vehicles
and other sources not under the direct control of a use are excluded
from the above limitations.
h.
Storage and Waste Disposal.
1.
In
all districts permitting such an operation use or any activity involving
the manufacture, utilization, or storage of flammable, combustible
and/or explosive materials, such storage shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of N.J. or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
2.
All
flammable, explosive and/or combustible material shall be stored in
accordance with the National Fire Protection of New Jersey Department
of Labor and Industry Codes, whichever is more restrictive.
3.
All
outdoor storage facilities for fuel, raw materials and products stored
outdoors wherever permitted shall be enclosed by an approved safety
fence and visual screen and shall conform to all yard requirements
imposed upon the principal buildings in the district.
4.
No
materials or wastes shall be deposited upon a lot in such form or
manner that they may be transferred off the lot by natural causes
or forces nor shall any substance which can contaminate a stream or
water course or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
5.
All
materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored outdoors only if enclosed in containers
that are adequate to eliminate such hazards.
6.
All
storage facilities for deicing chemicals shall be lined to prevent
leaking into the soil, and shall be covered with an impermeable surface
with shields the facility from precipitation.
7.
The
owners of commercial petroleum storage tanks shall comply with the
requirements of Chapter 102 of the laws of 1986.
8.
Waste
management. No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
or otherwise used in the Pinelands Area. The land application of waste
or waste derived materials is prohibited in the Pinelands Area, except
as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities
shall only be permitted in the Pinelands Area in accordance with the
standards set forth in N.J.A.C. 7:50-6.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1327; Ord. No. 12/82 § VIII; Ord.
No. 2011-02]
No lot shall have erected upon it more than one principal permitted
use. No more than one principal building shall be permitted on one
lot except that commercial uses, shopping centers, apartments and
condominium projects, and industrial complexes, all receiving site
plan approval, may be permitted to have more than one building on
a lot in accordance with standards of the zoning district in which
it is located.
Within the Pinelands Area, no more than one principal use shall
be located on one lot, except for forestry, agriculture, horticulture,
fish and wildlife management, wetlands management, and recreational
development on agricultural lands.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1328; Ord. No. 12/82 § VIII]
All public services shall be connected to an approved public
utilities system where one exists.
a.
The
developer shall arrange with the servicing utility for the underground
installation of the utilities distribution supply lines and service
connections in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
b.
The
developer may be required to submit to the approving authority, prior
to the granting of final approval, a written instrument from each
serving utility which shall evidence full compliance or intended full
compliance with the provisions of this section; provided, however,
lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
utilities overhead. 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 development and necessitate the placement,
relocation or extension of overhead lines, such new facilities shall
be installed underground.
c.
Any
installation under this section to be performed by a servicing utility
shall be exempt from requiring performance guarantees.
d.
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:
1.
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.
2.
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.
3.
Adequate
and attractive fences and other safety devices will be provided.
4.
Sufficient
landscaping including shrubs, trees and lawns are provided and will
be periodically maintained.
[Ord. No. 12/82 § XI; Ord. No. 7/20/89 § 31]
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication
“Administration Guide Lines: Barrier-Free Design Standards for
Parks and Recreational Facilities and must comply with the requirements
of N.J.A.C. 7:50-6.143 and 6.144.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1329; Ord. No. 12/82 §§ VIII, XI]
a.
All
storage areas, trash facilities, pits, lifts, and working areas shall
be within a building. All lubrication, repair or similar activities
shall be performed in an enclosed building and no dismantled parts
shall be placed outside.
b.
All
gasoline pumps, air pumps, and the islands upon which pumps are normally
located shall be set back from the street line at least 40 feet and
from any other property line at least 30 feet. A minimum space of
25 feet shall exist between any two islands and between any island
and the service station building.
c.
No junked
moter vehicle or part thereof and no unregistered motor vehicle shall
be permitted outside an enclosed service station building. No more
than six motor vehicles may be located outside a service station building
for a period not to exceed five days provided the owners are awaiting
the repair of the motor vehicles.
d.
The
exterior display and parking of equipment for rent or sale shall be
permitted provided the area devoted to this purpose is in addition
to the minimum lot size required for a service station, the area devoted
to this purpose does not exceed 20% of the total area of the entire
site, the maximum sign area for a service station is not exceeded,
and that the location of the equipment being rented or sold does not
interfere with the required off-street parking requirements for the
service station and does not interfere with the traffic circulation
indicated on the approved site plan.
e.
It is
intended that service stations be designed compatibly with other permitted
commercial or industrial uses in the zone in which they are located,
that they not be stripped along the available highway frontage or
at each quadrant of a convenient intersection, and that they be located
within shopping centers and in office and industrial complexes as
an integral part of the overall design. Ingress and egress shall be
designed to recognize the turning movements generated. These access
points shall be coordinated with the access points required for nearby
uses, frequency of intersecting side streets, minimizing left turns
off collector and arterial streets, and maintaining building setbacks
compatible with the required setbacks and landscaping.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1330; Ord. No. 12/82 §§ VIII, XI]
a.
There
shall be shade trees planted where possible and practical along either
side of each new street, as the streets are hereby laid out and established.
b.
In each
subdivision of land the developer shall plant trees along either side
of the streets, proper shade and or decorative trees at a maximum
distance of 50 feet between trees. The minimum distance between such
trees planted shall be 40 feet.
Where sufficient tree growth exists on each lot, no additional
plantings shall be required.
c.
All
trees planted in accordance with the provisions of this chapter shall
be nursery grown of substantially uniform size and shape and shall
have straight trunks. Ornamental trees need not have straight trunks,
but must conform in all other respects with the provisions for trees
and tree plantings outlined in this chapter.
d.
All
trees planted pursuant to this chapter shall be planted in a dormant
state.
e.
Subsequent
or replacement plantings shall conform to the type of existing trees
in a given area, provided that if any deviation is anticipated it
must be done only with the permission of the Planning Board. In a
newly planted area, only one type of tree may be used on a given street.
f.
All
shade trees to maximum extent practicable, shall be native to the
area and shall be a minimum 1 1/2 to two inches caliper, and of a
species approved by the approving authority.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1331; Ord. No. 12/82 § VIII, § XI; Ord. No. 2005-25; Ord.
No. 2005-28]
a.
Sidewalks shall be required unless waived by the approving authority pursuant to subsection 25-9.7i. In weighing such waiver requests the approving authority shall analyze the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development’s location in relation to other populated areas, and the general type of improvement intended. Sidewalks shall be at least four feet wide and located a minimum of three feet back from the curb line. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, of Class C concrete having a twenty-eight-day compressive strength of 4,000 p.s.i., and shall be airentrained. Such driveway areas shall be reinforced with a six by six 10/10 welded wire mesh.
b.
Inspection.
All new sidewalks required by this Land Development Code or substantial
replacement, 50% or more, of an existing sidewalk, shall be inspected
for conformity to the established standards.
1.
The
Planning Board Engineer shall cause the inspection of the excavation
and forms prior to installation and then inspect the finished sidewalk.
2.
No
excavation and forming shall be started more than 48 hours prior to
inspection, and installation to be accomplished within 48 hours of
the preliminary form inspection.
c.
Fees.
A fee of $50 will be charged for each inspection of the sidewalk.
When curbing is done contemporaneously with a sidewalk project only
one fee of $50 will be charged for the pre- and post- inspections.
d.
Penalty.
Anyone who violates section 25-27.34b.2 shall be subject to a fine
as established in the general penalties. Each twenty-four-hour period
shall constitute a separate violation for purposes of enforcement
action.
e.
Use
of public sidewalks, display of merchandise. Except as provided herein
no person shall display any merchandise for sale or exhibition, or
place any sign, or other obstruction on any public property in the
Borough including but not limited to public walks, utility space,
rights-of-way and streets.
1.
Within
the B-1 Downtown Business Zone of the Borough of Lakehurst on any
sidewalks in front of or on the side of any building merchants may
display merchandise for sale, signage, or other commercial items,
provided such display does not prohibit or impair the safe and free
passage of any person on any sidewalk or municipal right of way. A
clearance of at least four feet must be maintained at all times. Displays
shall not have a height in excess of 42 inches.
2.
This
paragraph shall not apply to the exhibition or sale of merchandise
when offered in connection with a street fair or sidewalk sale as
authorized by the Governing Body.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1332; Ord. No. 12/82 § VIII, XI]
Sight triangles shall be required at each quadrant of an intersection
of streets, and streets and driveways. The area within sight triangles
shall be either dedicated as part of the street right-of-way or maintained
as part of the lot adjoining the street and set aside on any subdivision
or site plan as a sight triangle easement. Within a sight triangle,
no grading, planting or structure shall be erected or maintained more
than 30 inches above the centerline grade of either intersecting street
or driveway or lower than eight feet above their centerlines including
utility poles but excluding street name signs and official traffic
regulation signs. Where any street or driveway intersection involves
earth banks or vegetation, including trees, the developer shall trim
such vegetation and trees as well as establish proper excavation and
grading to provide the sight triangle. The sight triangle is that
area bounded by the intersecting street lines and a straight line
which connects “sight points” located on each of the two
intersecting street lines the following distances away from the intersecting
street lines: arterial streets at 130 feet; collector streets at 60
feet; and primary and secondary and local streets at 35 feet. Where
the intersecting streets are both arterial, both collectors or one
arterial and one collector, two overlapping right triangles shall
be required formed by connecting the sight points noted above with
a sight point 35 feet on the intersecting street. Any proposed development
requiring site plan approval shall provide sight triangle easements
at each driveway with the driveway classified as a local street for
purposes of establishing distances. The classification of existing
and proposed streets shall be those shown on the adopted Master Plan
or as designated by the Planning Board at the time of the application
for approval for a new street not included on the Master Plan. Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the zoning provisions.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1333; Ord. No. 12/82 §§ VIII, XI; Ord. No. 7/20/89 §§ 32,33; Ord. No. 97-05 § 14]
No billboards shall be erected. No off-site outdoor commercial
advertising signs shall be permitted, except as provided in paragraph
k below. No sign of any type shall be permitted to obstruct driving
vision, traffic signals, sight triangles, traffic direction or identification
signs.
a.
Animated, Flashing and Illusionary Signs. Signs using mechanical
and/or electrical devices to revolve, flash, or display movement or
the illusion of movement are prohibited.
b.
Attached Signs. Attached signs shall be affixed parallel
to the wall to which they are attached and the face of the sign shall
project no more than 12 inches from the surface of the wall.
c.
Height. The uppermost part of an attached sign shall not
exceed the base of the second floor window sill in a two or more story
structure, or the base of the roof or 25 feet, whichever is lower,
in either a one story structure or a structure without windows. The
uppermost part of a free standing sign shall not exceed 20 feet. The
lowest portion of any sign which projects above an area traversed
either by motor vehicles or pedestrians shall be at least 15 feet
and 10 feet respectively.
d.
Illuminated Signs. Illuminated signs shall be arranged to
reflect the light and glare away from adjoining lots and streets.
No sign shall be permitted beam, beacon or flashing illumination.
All signs lighted exteriorly shall have the light source shielded
from adjoining lots, streets, and interior drives. All lights shall
be either shielded or have translucent fixtures to reduce off-site
effects.
e.
Location. Attached signs may be located anywhere that does
not conflict with any height, obstruction to vision, and similar regulations
of this chapter. Free standing signs shall be located only in the
front yard and shall be no closer to a side lot line than the minimum
side yard for the principal building, but in any event no closer to
a street right-of-way than 20 feet and not located in any sight triangle.
f.
Maintenance. Signs shall be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
g.
Real Estate Signs. Real estate signs temporarily advertising
the sale, rental or lease of the premises or portion thereof shall
be, if not attached to the building, set back at least 1/2 the building
setback, but not to exceed 15 feet from all street and property lines.
Signs shall not exceed eight square feet for residential advertising
nor 35 square feet for commercial and industrial uses. Signs shall
be removed at the expense of the advertiser within 15 days after the
termination or completion of the matter being advertised. Real estate
signs do not require a building permit. No more than one sign shall
be permitted along each street on which the building has frontage.
Real estate signs shall be permitted only on the lot which the sign
is advertising.
h.
Sign Area and Dimension. Sign area shall include all lettering,
wording, coloring and accompanying designs and symbols, together with
the background, whether open or enclosed, but not including any supporting
framework and bracking incidental to the display itself. A free standing
sign with two exposures shall have a total sign area consisting of
the area of one side of the sign, but both sides may be used. Street
number designations, postal boxes, family names on residences, on-site
traffic directional and parking signs, signs posting property as “private
property”, “no hunting”, or similar purposes, and
“danger” signs around utility and other danger areas are
permitted, but are not to be considered in calculating the sign area.
The maximum dimension in any direction along the surface of a sign
shall be 10 feet.
i.
Temporary Signs. No more than one sign advertising the name
of the building under construction, general contractor, sub-contractor,
financing institution, any public agencies or officials, and the professional
personnel who worked on the project are permitted on a construction
site beginning with the issuance of a building permit and terminating
with the issuance of a certificate of occupancy for the structure
or the expiration of the building permit, whichever comes first. Such
signs shall not exceed a area of 32 square feet.
j.
Existing Signs. Existing signs not in conformance with the
provisions of this section shall not continue beyond 10 years after
the effective date of this chapter.
k.
No outdoor,
off-site commercial advertising sign shall be permitted in the Borough
except as follows:
[Ord. No. 11/78; Ord. No. 5/24/82 § 1334; Ord. No. 12/82 §§ VIII, XI]
All site plans and major subdivisions shall incorporate soil
erosion and sediment control programs phased according to the scheduled
progress of the development including anticipated starting and completion
dates. The purpose is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community.
a.
No building
permit shall be issued for any development application until all provisions
of the State of New Jersey Soil Erosion and Sediment Control Act,
Chapter 251, P.L. 1975 have been satisfied or waived.
b.
Development
applicants shall submit to the approving authority and Planning Board
Engineer copies and documentation of the approval and certification
of the “Soil Erosion and Sediment Control Plan” by the
Ocean County Soil Conservation District or proof of waiver of same.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1335; Ord. No. 12/82 §§ VIII, XI]
The excavation and grading for completion of a development shall
be done in accordance with the Ocean County Soil Conservation District
approved plan which contains soil erosion and sediment control provisions.
Excavation of soil, other than required for the construction of approved
structures and supporting facilities such as but not limited to streets,
driveways and parking areas, shall be prohibited. Regrading of property
so as to redistribute top soil throughout the site from areas excavated
for such approved structures and supporting facilities shall be permitted,
but shall be done to minimize or eliminate the erosion of soil.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1336; Ord. No. 12/82 §§ VIII, XI]
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single
family properties provided that:
a.
Such
storage shall not be located in any required front yard.
b.
Travel
trailer, camper or small boat shall not exceed 35 feet in length and
eight feet in width.
c.
Only
one such trailer camper, or small boat shall be permitted to be stored
outdoors at any single family residence.
d.
Recreational
vehicles and motor homes exceeding 35 feet in length may be stored
only within the required building setback lines.
e.
Any
such vehicles stored in accordance with this section shall not be
occupied and shall not be provided with utility connections other
than for the maintenance of such vehicles.
f.
No travel
trailer, camper or boat stored in conformance with this section shall
remain in such storage for longer than 12 consecutive months.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1337; Ord. No. 12/82 §§ VIII, XI]
Automobiles, station wagons, small pickups or panel trucks less
than one ton, jeep vehicles, travelalls and similar types of vehicles
used for commercial purposes are permitted in all zones. Trucks and
other commercial vehicles, not mentioned above, shall not be parked
or stored overnight in any residential zone, except for vehicles engaged
in construction parked or stored on an active construction site.
[Prior § 25-27.41 Storm Drainage was repealed 3-4-2021 by Ord. No. 2021-04. History includes Ord. No. 11/78; Ord. No. 5/24/82 § 1338; Ord. No. 12/82 §§ VIII, XI,
XII]
[Ord. No. 11/78; Ord. No. 5/24/82 § 1339; Ord. No. 12/82 §§ VIII, XI]
Street lighting standards of a type and number approved by the
approving authority and Planning Board Engineer shall be installed
at street intersections and elsewhere as deemed necessary by the approving
authority. The developer shall provide for the installation of underground
service for street lighting.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1340; Ord. No. 12/82 §§ VIII, XI]
a.
Every
principal building to be constructed hereafter shall be built upon
a lot with frontage directly upon an improved public street as herein
defined which has been improved in accordance with Borough Standards
or the improvement of which to such status has been guaranteed.
b.
All
development shall be served by paved streets with an all weather base
and pavement with an adequate crown. The arrangement of streets not
shown on the Master Plan shall be such as to provide for the appropriate
extension of existing streets, conform with the topography as far
as practicable, and allow for continued extension into adjoining undeveloped
tracts.
c.
When
a development adjoins land capable of being developed or subdivided
further, suitable provisions shall be made for optimum access from
the adjoining tract to existing or proposed streets.
d.
Local
streets shall be designed to discourage through traffic.
e.
In all
residential zones, development bounded by an arterial or collector
street shall control access to the streets by having all driveways
intersect minor streets. Where the size, shape, location, or some
other unique circumstance may dictate no other alternate than to have
a driveway enter an arterial or collector street, the lot shall provide
on-site turnaround facilities so it is not necessary to back any vehicle
onto an arterial or collector street and abutting lots shall share
a common access drive.
f.
In all
developments the minimum street right-of-way shall be measured from
lot line to lot line and shall be in accordance with the following
schedule, but in no case shall a new street that is a continuation
of an existing street be continued at a width less than the existing
street although a greater width may be required in accordance with
the following schedule. Where any arterial or collector street intersects
another arterial or collector street, the right-of-way and cartway
requirements shall be increased by 10 feet on the right side of the
street(s) approaching the intersection for a distance of 300 feet
from the intersection of the centerlines.
|
Street Classification
|
ROW Width
|
Traffic Lanes
|
Width Between Curbs
|
Total Utility and Right-of-Way Outside the Curb
|
|---|---|---|---|---|
|
Collector
|
60 feet
|
2@ 12 feet
|
40 feet
|
20 feet
|
|
Secondary Local
|
50 feet
|
2@ 10 feet
|
30 feet
|
20 feet
|
g.
In the
event that a development adjoins or includes existing Borough streets
that do not conform to widths as shown on either the Master Plan or
Official Map or the street width requirements of this chapter, additional
land along both sides of the street sufficient to conform to the right-of-way
requirements shall be anticipated in the subdivision design by creating
oversized lots to accommodate the widening at some future date.
h.
Longitudinal
grades on all local streets shall not exceed 10%, nor 4% on collector
streets. No street shall have a longitudinal grade of less than 1/2
of 1%. Maximum grades within intersections shall be 4%. A parabolic
crown shall be provided on all roadways. Where the cartway is banked
to facilitate a curve in the street alignment, the parabolic crown
shall conform to accepted engineering practice.
i.
Intersecting
street centerlines shall be as nearly at right angles as possible
and in no case shall they be less than 75° at the point of intersection.
The curb lines shall be parallel to the centerline. Approaches to
all intersections shall follow a straight line for at least 50 feet
measured from the curb line to the intersecting street to the beginning
of the curve. No more than two street centerlines shall meet or intersect
at one point. Streets intersecting another street from opposite sides
shall have at least 250 feet between the two street centerlines. Intersections
shall be rounded at the curbline with the street having the highest
radius requirement as outlined below determining the minimum standard
for all curblines; collector @ 30 feet; and local streets @ 15 feet.
Intersections shall be designed with as flat a grade as practical
with the advise of the Planning Board Engineer.
j.
Sight triangles shall be provided as required in the section entitled “Sight Triangles” in Section 25-27.
k.
Where
dead-end (cul-de-sac) streets are utilized, they shall conform to
the following standards:
1.
Dead-end
streets of a permanent nature (where provision for the future extension
of the street to the boundary of the adjoining property is impractical
or impossible) or of a temporary nature (where provision is made for
the future extension of the street to the boundary line of adjoining
property) shall provide a turnaround at the end with a right-of-way
radius of not less than 50 feet and a cartway radius of not less than
40 feet. The center point for the radius shall be on the centerline
of the associated street or, if offset, to a point where the cartway
radius also becomes a tangent to one of the curblines of the associated
street.
2.
If
a dead-end street is of temporary nature, provisions shall be made
for removal of the turnaround and reversion of the excess right-of-way
to the adjoining properties as off-tract responsibility of the developer
creating the street extension when the street is extended.
l.
No new
street shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound the names of existing streets so as
to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the approving authority.
m.
Streets
shall be constructed in accordance with the following standards and
specifications:
[Ord. No. 11/78; Ord. No. 5/24/82; Ord.
No. 12/82 §§ VIII, XI]
Street signs shall be metal on metal posts of the type, design
and standard required in the street ordinance or, if there is no street
ordinance in effect at the time, than as approved by the approving
authority on advise of the Planning Board Engineer. The location of
the street signs shall be determined by the engineer but there shall
be at least two street signs furnished at each four-way intersection
and one street sign at each “T” intersection. All signs
shall be installed free of visual obstruction.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1342; Ord. No. 12/82 §§ VIII, XI]
a.
No private
residential pool shall be installed on any lot unless the lot shall
contain a residence and the pool shall be accessory to the residence.
The pool shall meet the yard requirements for accessory buildings
in the district in which it is located except that if the pool is
located in the front yard, the pool shall be set back twice the distance
from the street line than is required for the principal building.
b.
Pools
shall otherwise be installed, operated and used in accordance with
other health and safety ordinances regarding water filtration, circulation
and treatment; fencing; noise, and lighting.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1343; Ord. No. 12/82 §§ VIII, XI]
No trailer, auto trailer, trailer coach, travel trailer or camper
shall be used for dwelling purposes or as sleeping quarters for one
or more persons, nor shall any such trailer or camper be used for
storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency for the temporary replacement of a damaged dwelling unit
and for temporary use as a construction office located on a site during
construction provided a temporary permit has been issued for its use
by the building inspector. This section shall not be construed so
as to prohibit the parking or storage of such trailers and campers
on private premises or the recreational use of same in camp grounds
in conformance with all applicable ordinances and Codes.
[Ord. No. 11/78; Ord. No. 5/24/82 §§ 1344; Ord. No. 12/82 §§ VIII, XI; Ord. No. 7/20/89 § 34; Ord. No. 97-05 § 15]
a.
All
clearing and soil disturbance activities shall be limited to that
which is necessary to accommodate an activity, use or structure which
is permitted by this chapter.
b.
Where
practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
c.
All
applications for major development shall contain a landscaping or
revegetation plan which incorporates the elements set forth in paragraph
d below.
d.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to paragraph c above or required pursuant to Section 25-19 shall incorporate the following elements:
1.
The
limits of clearing shall be identified;
2.
Existing
vegetation, including New Jersey’s Record Trees as published
by the New Jersey Department of Environmental Protection in 1991 and
periodically updated, shall be incorporated into the landscape design
where practical;
3.
Permanent
lawn or turf areas shall be limited to those specifically intended
for active human use such as play fields, golf courses and lawns associated
with a residence or other principal nonresidential use. Existing wooded
areas shall not be cleared and converted to lawns except when directly
associated with and adjacent to a proposed structure; and
4.
Shrubs
and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation
or landscaping purposes. Other shrubs and trees may be used in the
following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures;
or
(c)
When limited use of other shrubs or tree species is required for
proper screening or buffering.
e.
Development prohibited in the Vicinity of Threatened or Endangered
Plants. No development shall be carried out by any person
in the Pinelands Area unless it is designed to avoid irreversible
adverse impacts on the survival of any local populations of threatened
or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1345; Ord. No. 12/82 §§ VIII, XI, XIII; Ord. No. 7/20/89 §§ 35-38; Ord. No. 93-05 § 3; Ord. No. 97-05 §§ 16-21; repealed 3-4-2021 by Ord. No. 2021-03; reestablished and amended 8-19-2021 by Ord. No. 2021-08]
a.
All development permitted under this chapter shall be designed and
carried out so that the quality of surface and ground water will be
protected and maintained.
b.
Except as otherwise specifically authorized in this section, no development
which degrades surface or ground water quality, or which establishes
new point sources of pollution shall be permitted.
c.
No development shall be permitted which does not meet the minimum
water quality standards of the State of New Jersey or the United States.
d.
The following point and non-point sources may be developed and operated
in the Pinelands:
1.
Development of new or the expansion of existing commercial, industrial,
and wastewater treatment facilities, or the development of new or
the expansion of existing non-point sources, except those specifically
regulated in paragraphs 2 through 3, below, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and
quantity such that groundwater exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept
and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into ground water.
2.
Development of new wastewater treatment or collection facilities
which are designed to improve the level of nitrate/nitrogen attenuation
of more than one existing on-site wastewater treatment system where
a public health problem has been identified may be exempted from the
standards of paragraph d, 1(b) provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from
existing residential, commercial, and industrial development.
(c)
Adherence to paragraph d, 1(b) above cannot be achieved due
to limiting site conditions or that the costs to comply with the standard
will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines
but in no case shall ground water exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
3.
Improvements to existing commercial, industrial, and wastewater treatment
facilities which discharge directly into surface waters provided that:
(a)
There is no practical alternative available that would adhere
to the standards of N.J.A.C. 7:50-6.84(a)li;
(b)
There is no increase in the existing approved capacity of the
facility; and
(c)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
e.
Water-saving devices such as water-saving toilets, showers, and faucets
shall be installed in all new development.
f.
No residential or nonresidential use dwelling unit in the Pinelands
Area shall be located on a parcel of less than one acre unless served
by a centralized wastewater treatment plant. Notwithstanding this
requirement, an application for residential development not served
by a centralized wastewater treatment plant on lots between 20,000
square feet and one acre in size in the R-1, R-2, R-3, and R-4 Zones
may be considered without the necessity for a municipal lot size or
density variance, provided a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61. et seq.
g.
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1346; Ord. No. 12/82 §§ VIII, XI]
a.
The
developer shall arrange for the construction of water mains in such
a manner as to make adequate water service available to each lot,
dwelling unit or use within the development. The entire system shall
be designed in accordance with the requirements and standards of the
Borough and/or State agency having approval authority and shall be
subject to their approval. The system shall also be designed with
adequate capacity and sustained pressure for present and probable
future development.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1346; Ord. No. 12/82 §§ VIII, XI; Ord. No. 7/20/89 §§ 39-47; Ord. No. 93-05; Ord. No. 2011-02]
a.
Development
shall be prohibited in all wetlands and wetlands transition areas
within the Borough except as otherwise specified in this section.
b.
Horticulture
of native Pinelands species and berry agriculture shall be permitted
in all wetlands subject to the requirements of N.J.A.C. 7:50-6, Part
V.
c.
Beekeeping
shall be permitted in all wetlands.
d.
Forestry
shall be permitted in all wetlands subject to the requirements of
NJAC 7:50-6.41 et seq.
e.
Fish
and wildlife management and wetlands management activities in accordance
with NJAC 7:50-6.10 shall be permitted in all wetlands.
f.
Low
intensity recreational uses which do not involve use of a structure,
including hunting, fishing, trapping, hiking, boating, and swimming,
and other low intensity recreational uses provided that any development
associated with those other uses does not result in a significant
adverse impact on the wetland as set forth below.
g.
Docks,
piers, moorings, and boat launches for the use of a landowner shall
be permitted in all wetlands provided that the use will not result
in a significant adverse impact as set forth in N.J.A.C. 7:50-6.7
and conforms to all State and Federal Regulations.
h.
Commercial
or public docks, piers, moorings, and boat launches shall be permitted
provided that: there is a demonstrated need for the facility that
cannot be met by existing facilities; the development conforms with
all State and Federal regulations; and the development will not result
in a significant adverse impact as set forth in N.J.A.C. 7:50-6.7.
i.
Bridges,
roads, trails, and utility transmission and distribution facilities
and other similar linear facilities provided that:
1.
There
is no feasible alternative route for the facility that does not involve
development in a wetland, or, if none, that another feasible route
which results in less significant adverse impacts on wetlands does
not exist;
2.
The
need for the proposed linear improvement cannot be met by existing
facilities or modification thereof;
3.
The
use represents a need which overrides the importance of protecting
the wetland;
4.
Development
of the facility will include all practical measures to mitigate the
adverse impact on the wetland; and
5.
The
resources of the Pinelands will not be substantially impaired as a
result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
j.
In that
portion of the Pinelands Area, Lakehurst, lying east of Myrtle Street
and south of Chestnut Street, no development, except for those uses
which are specifically authorized in this subsection, shall be carried
out within 100 feet of any wetland, unless the applicant has demonstrated
that the proposed development will not result in a significant adverse
impact on the wetland, as set forth in N.J.A.C. 7:50-6.7.
k.
In that
portion of the Pinelands Area, Lakehurst, lying west of Myrtle Street
and north of Chestnut Street, no development, except for those uses
which are specifically authorized in this subsection, shall be carried
out within 300 feet of any wetland unless the applicant has demonstrated
that the proposed development will not result in a significant adverse
impact on the wetland, as set forth in N.J.A.C. 7:50-6.7.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1348; Ord. No. 12/82 §§ VIII, XI]
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 as otherwise provided in this chapter.
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 24 inches, unless
otherwise permitted by this chapter. Unroofed entrance porches or
terraces, which do not rise above the height of the floor level of
the ground floor, may extend into any yard providing the total area
of all such porches, which extend into such yards, does not exceed
1,000 square feet.
[Ord. No. 7/20/89 § 48; Ord. No. 97-05 § 22]
a.
All
development shall adhere to the relevant air quality standards of
N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall
be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
b.
Applications
for the following developments shall ensure that all State ambient
air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide
shall not be exceeded at places of maximum concentration and at sensitive
receptors;
1.
Residential
development of 50 or more units and any other development involving
more than 100 parking spaces located in the B-1, B-2, LI, R-1, R-2
or R-3 Districts; and
2.
Residential
development of 100 or more units and any other development involving
more than 300 parking spaces located in the GH District.
[Ord. No. 93-05 § 6; Ord. No. 97-05 § 23]
a.
Pinelands
Development Credits may be allocated to certain properties in the
Borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61
et seq.
b.
Pinelands
Development Credits may be used in the Borough in the following circumstances:
1.
When
a variance of density or minimum lot area requirements for the R-1,
R-2, or R-3 Zones is granted by the Borough, Pinelands Development
Credits shall be used for all dwelling units or lots in excess of
that otherwise permitted without the variance; and
2.
When
a waiver of strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
c.
The
requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands
Development Credits are either allocated or used in the Borough.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1401; Ord. No. 90-08 § 2; Ord. No.
2007-08]
For the purpose of this chapter the Borough of Lakehurst is
divided into the following zoning districts:
|
PRCD
|
Planned Retirement Community Development
|
|
R-1
|
Single Family Residential Zone
|
|
R-2
|
Single Family Residential Zone
|
|
R-3
|
Two Family Residential Zone
|
|
R-4
|
Multiple Dwelling, Office District Zone
|
|
B-1
|
Downtown Business Zone
|
|
B-2
|
Highway Business Zone
|
|
LI
|
Light Industrial Zone
|
[Ord. No. 11/78; Ord. No. 5/24/82 § 1402; Ord. No. 90-08 § 3; Ord. No.
2007-08]
a.
Map Adopted.
The boundaries of all zoning districts set forth in this section are
shown on a map entitled “Zoning Map, Borough of Lakehurst, Ocean
County, New Jersey, dated 10/18/2007 prepared by the firm of Remington,
Vernick and Vena Engineers,” which map is hereby made part of
this section.[1]
The areas in the Borough of Lakehurst previously set forth on
the Zoning Map as GH - Government Housing and MI - Military Installation
Zone - are hereby zoned PRCD - Planned Retirement Community Development.
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
b.
Zoning
Map Amendments.
1.
The
official map of the Borough of Lakehurst are hereby amended to reflect
the redesignation of Lots 1, 1.01 and 2 from R-1 Residential Zone
to LI Light Industrial Zone.
[Ord. No. 2001-02]
2.
R-2
Boundary Change. The area in the Borough of Lakehurst previously set
forth on the Zoning Map as R-1 Single Family Residential Zone encompassed
within Block 62 and further defined as bordered by the eastern side
of Brook Street; the southern side of Church Street; the western side
of Center Street being contiguous to the B-1 Downtown Business Zone
is hereby zoned R-2.
[Ord. No. 2005-21]
3.
The
Zoning Map and the official map of the Borough of Lakehurst are hereby
amended to reflect the redesignation of Block 62 Lot 23; Block 70
Lot 13; and Block 71 Lot 5 from LI Light Industrial Zone to R-4 Multiple
Dwelling, Office District in Rail Transit Area.
[Ord. No. 2006-02]
4.
B-2
Boundary Change. The area in the Borough of Lakehurst previously set
forth on the Zoning Map as R-2 Single Family Residential Zone encompassed
within Block 65 and further defined as bordered by the eastern side
of Elm Street; the southern side of New Jersey Highway 70; the western
side of Center Street; and the northern side of Hybernia Avenue is
hereby zoned B-2.
[Ord. No. 2008-02]
[Ord. No. 11/78; Ord. No. 5/24/82 § 1403]
a.
Zone
boundaries are intended to follow street, lot lines, hypothetical
extensions of lot lines, property lines, or other natural lines such
as centerlines of water courses, ditches, unless such district or
zone boundary is fixed by dimensions on the Zoning Map or by description
and shall include lands acquired by accretion or stream diversion
by natural causes.
b.
Where
a zone boundary fixed by dimension on the Zoning Map approximately
follows and is not more than 20 feet from a lot line, such lot line
shall be construed to be the zone boundary.
c.
In unsubdivided
land and where a zone boundary divides a lot, the location of such
boundary, unless the same is indicated by dimensions shown on the
map, shall be determined by the use of the scale appearing thereon.
d.
Boundaries
indicated as approximately following municipality limits shall be
construed as following municipal limits.
e.
Where
a zoning lot is located primarily in one district and in part in another
zoning district, the entire zoning lot or portion thereof located
in the neighboring zone may be used for a purpose permitted in either
zone upon application for a conditional use permit and upon determining
by the Planning Board that the following standards and conditions
are met:
1.
The
use contemplated can best be established by utilizing the portion
of the zoning lot in the neighboring zone district without materially
affecting the adjoining areas.
2.
The
site plan shall be appropriate to the adjoining area.
3.
A set
of plans, specifications and plot plans shall be filed in triplicate
with the Planning Board showing overall dimensions, topographical
conditions, the location and intended use of existing and proposed
buildings, the relationship of the proposed use to the streets and
adjacent property and other physical features which might act as a
deterrent to the general welfare.
f.
Where
physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning Map, or in other circumstances
not covered by subsections above, the Board of Adjustment shall interpret
the district boundaries.
[Ord. No. 11/78; Ord. No. 52/4/82 § 1404; Ord. No. 2005-28]
d.
Permitted Signs.
1.
Official,
Municipal, County, State or Federal signs including traffic and directional
markers, and signs in connection with identification, operation or
protection of any public utility or Municipal, County, State or Federal
activity.
2.
A single
non-illuminated nameplate sign not exceeding two square feet in area.
3.
One
lighted office announcement sign not more than two square feet in
area.
4.
One
lighted home occupation announcement sign not exceeding two square
feet in area.
5.
One
lighted sign not to exceed 20 square feet in area for each access
drive to a church, school, or similar permitted or approved conditional
use, plus additional signs not to exceed four square feet in area
to provide direction to a specific building or buildings and to off-street
parking area.
6.
Trespassing
signs and signs indicating private ownership of roadways or other
property, on the same premises therewith; provided that the area of
such sign shall not exceed two square feet and shall be spaced at
intervals of not less than 100 feet of frontage.
7.
A single
sign denoting the architect, engineer and/or contractor, when placed
on the work under construction and not exceeding 16 square feet in
area, and not to exceed five feet along any dimension. Such signs
shall be removed within 30 days after the issuance of a certificate
of occupancy.
8.
Temporary,
emergency or non-advertising signs, special event signs, commemorative
signs, etc., as approved and limited to location, design, and duration
by the Governing Body.
f.
Area, Yard and Building Requirements.
1.
Minimum
lot area: 9,375 square feet.
2.
Minimum
lot width: 75 feet.
3.
Minimum
lot frontage: 75 feet.
4.
Minimum
lot depth: 125 feet.
5.
Minimum
front yard setback: 25 feet.
6.
Minimum
side yard setback (Principal and Accessory Structures): five feet.
7.
Minimum
combined side yard setback: 15 feet.
8.
Minimum
rear yard setback:
Principal structure: 30 feet.
Accessory structure: five feet.
9.
Maximum
building height: 35 feet or 2 1/2 stories.
10.
Minimum
gross habitable floor area: one bedroom dwelling - 960 SF.: two bedroom
dwelling - 1150 SF; and an additional 150 SF per bedroom over two.
[Ord. No. 1//78; Ord. No. 5/24/82 § 1405]
f.
Area, Yard and Building Requirements.
1.
Minimum
lot area: 7500 square feet.
2.
Minimum
lot width: 60 feet.
3.
Minimum
lot frontage: 60 feet.
4.
Minimum
lot depth: 125 feet.
5.
Minimum
front yard setback: 20 feet.
6.
Minimum
side yard setback Principal and Accessory Structures): five feet.
7.
Minimum
combined side yard setback: 12 feet.
8.
Minimum
rear yard setback:
Principal structure: 25 feet.
Accessory structure: five feet.
9.
Maximum
building height: 35 feet or 2 1/2 stories.
10.
Minimum
gross habitable floor area: One bedroom dwelling - 960 square feet;
two bedroom dwelling - 1150 square feet; and an additional 150 square
feet per bedroom over two.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1406]
f.
Area, Yard and Building Requirements.
1.
Minimum
lot area: 4687 square feet.
2.
Minimum
lot width: 37.5 feet.
3.
Minimum
lot frontage: 37.5 feet.
4.
Minimum
lot depth: 125 feet.
5.
Minimum
front yard setback: 20 feet.
6.
Minimum
side yard setback: three feet.
7.
Minimum
combined side yard setback: 10 feet.
8.
Minimum
rear yard setback:
Principal structure: 30 feet.
Accessory structure: five feet.
9.
Maximum
building height: 35 feet or 2 1/2 stories.
10.
Minimum
first floor living area: 560 square feet.
11.
Minimum
gross habitable floor area: 960 square feet per dwelling unit.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1407; Ord. No. 7/20/89 § 49; Ord.
No. 97-05 § 24]
a.
Any use
associated with the function of the Federal installation may be permitted
in the Governing Housing Zone, provided that:
1.
Where
feasible, development shall be located in that portion of the installation
within the Pinelands Protection Area;
2.
No hazardous
waste facility, landfill or incinerator shall be permitted, except
as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
3.
All
development undertaken by the Federal Government substantially meets
the standards of N.J.A.C. 7:50-6 of the Pinelands Comprehensive Management
Plan or an intergovernmental agreement entered into pursuant to N.J.A.C.
7:50-4, Part IV.
b.
Any other
public purpose use undertaken by or on behalf of another level of
government may be permitted in the Government Housing Zone, provided
that:
1.
The
use is sanctioned by the Federal installation;
2.
The
use is located within a substantially developed area which is served
by a centralized sewer treatment and collection system;
3.
No hazardous
waste facility, landfill or incinerator shall be permitted, except
as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
4.
All
development meets the standards of N.J.A.C. 7:50-6 of the Pinelands
Comprehensive Management Plan or an intergovernmental agreement entered
into pursuant to N.J.A.C. 7:50-4, Part IV.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1408; Ord. No. 2003-10; Ord. No. 2005-04]
a.
Permitted Uses.
1.
Retail
business and personal service establishments which are clearly of
a service character and needed for more or less daily shopping by
persons residing nearby.
2.
Service
establishments dealing directly with consumers.
3.
Business,
professional, and governmental offices, banks, fiduciary institutions.
4.
Retail
uses that provide services or materials.
5.
Essential
Services.
6.
Federal,
State, County and Municipal buildings and grounds including schools,
post offices, libraries, parks, playgrounds.
8.
Professional
office.
9.
Restaurant
either with or without liquor license.
c.
Permitted
Accessory Uses.
1.
One-family
and two-family units provided that these dwelling units do not occupy
the first floor of any building and that the area devoted to the use
does not exceed 49% of the total building floor area and that the
minimum gross habitable floor area of each dwelling is not less than
700 square feet gross.
2.
Inside
storage of goods incidental to the conduct of a retail business.
f.
Area, Yard and Building Requirements.
1.
Minimum
lot area: 5,000 square feet.
2.
Minimum
lot width: 50 feet.
3.
Minimum
lot frontage: 50 feet.
4.
Minimum
lot depth: 100 feet.
5.
Minimum
front yard setback: none.
6.
Minimum
rear yard setback: 20 feet.
7.
Minimum
side yard setback: none.
8.
Maximum
building height: 35 feet or 2 1/2 stories.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1409]
a.
Permitted Uses.
1.
Retail
sales activities similar to, but not limited to the following: a)
clothing stores; b) bakeries; c) hardware and paint stores; d) stationery,
newspaper, and tobacco shops; e) groceries, vegetable, and meat markets;
f) furniture and appliance stores; g) gift shops; h) drug store; i)
package liquor store and bars; j) fast food stores; k) restaurants
and diners; 1) electronics stores and; m) lumber and building supplies.
2.
Service
activities similar to, but not limited to, the following: a) banks
and other fiduciary institutions; b) barber and beauty shops; c) professional
offices; d) appliance repair shops; e) shoe repair shops; f) dry cleaning
establishments; g) tailoring; h) theaters (but not drive-in theaters).
3.
General
office buildings; and
4.
Retail
shopping centers, consisting of integrated developments of such uses
as permitted in paragraphs a.1 and 2 of this subsection housed in
an enclosed building or buildings and utilizing such common facilities
as customer parking area, pedestrian walks, truck loading and unloading
space, and other necessary and appropriate accessory facilities.
c.
Permitted Accessory Uses.
1.
Outside storage uses provided that such storage is clearly accessory to the principal use of the site and further provided that areas devoted to the outside storage of materials shall not exceed 25% of any yard area and shall be fenced and screened from adjacent residential zones or uses in accordance with subsection 25-27.4 or in the case of adjacent businesses by a dense evergreen screen or masonry wall not less than four nor more than six feet in height. No bulk storage of materials shall exceed 10 feet in height.
2.
Garages
for the inside storage of vehicles and materials.
d.
Permitted Signs.
1.
Same
as permitted in the B-1 Zone.
2.
One
sign shall be permitted for each permitted use, and may be an illuminated
business sign, provided that the total area of any sign should not
exceed 150 square feet. Such signs shall be displayed so as not to
project more than 12 inches from the surface of the building or beyond
the ends of the building.
3.
Identification
Signs. Free-standing signs may be erected to identify a shopping center
and to list individual occupants, provided that not more than one
such sign shall be erected for each 300 feet of frontage on a public
street, and further provided that the aggregate area of all sides
of any such signs shall not exceed 200 square feet. Such signs may
be illuminated, but shall not be of the flashing type, shall not exceed
the height of the principal building, shall not be located within
50 feet of a public street or parking area driveway or within 100
feet of the boundary of a residence zone, and shall in no way interfere
with the safe functioning of any traffic control signal or directional
device.
4.
Directional
Signs (ingress). One free-standing sign may be erected at each driveway
which provides a means of ingress for off-street parking facilities
on the premises, relate only the name of the use of facility and appropriate
traffic instructions, shall not exceed 10 square feet in area for
each of two faces, shall be mounted so as not to obstruct vision for
a height of seven feet above ground level, and shall not exceed 10
feet in height.
5.
Directional
Signs (egress). Free-standing signs may be erected on the premises
for the purpose of providing directions to traffic leaving the premises,
shall not exceed 10 square feet in area on each of two sides, shall
be mounted so as not to obstruct vision for a height of seven feet
above ground level, and shall not exceed 10 feet in height.
6.
Traffic
Control Signs. Free-standing signs may be erected which are necessary
to control and regulate the movement of traffic on the interior roadways
on the premises, provided the number and location of such signs are
approved by the Planning Board. Such signs shall not exceed four square
feet in area, and shall not exceed a height of six feet.
f.
Area, Yard and Building Requirements.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1410; Ord. No. 2001-02]
a.
Permitted Uses.
1.
Any
permitted use in the Downtown Business Zone.
2.
The
fabrication, assembly or processing of goods or materials, or the
storage of bulk goods and materials where such activities or materials
create no significant hazard from fire or explosion or produce no
toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
3.
Business,
professional and governmental offices.
4.
Public
utility and service activities of an industrial character, such as
repair and maintenance yards and storage facilities.
5.
Research
and development facilities.
6.
Essential
Services.
7.
Storage
facilities and warehouses, subject to the provisions of subsection
25-30.10a.2.
c.
Permitted Accessory Uses.
1.
Other
customary accessory uses and buildings which are clearly incidental
to the principal use and building.
e.
Conditional Uses.
1.
Recycling
facilities.
(a)
Provided said facilities are located on property owned by the Borough
of Lakehurst.
(b)
Provided said activity or material does not create a significant
hazard from fire or explosion or produce toxic or corrosive fumes,
gas, smoke, obnoxious dust or vapor, offensive noise or vibration,
glare, flashes or objectionable effluent.
[Ord. No. 90-08 § 4]
b.
Required Accessory Uses.
1.
Off-street
parking subject to the provisions set forth in this section.
c.
Permitted Accessory Uses.
1.
Necessary
accessory buildings and uses, including facilities for maintenance,
administration, streets and off-street parking facilities.
d.
Conditional Uses Subject to this Section.
1.
Community
residences for the developmentally disabled.
e.
Area, Yard and Building Requirements. No building, structure
or land shall be used or erected, altered, enlarged or maintained
except for a planned retirement community within the area which is
in accordance with a site development plan and subdivision plat approved
by the Planning Board. Such site development plan shall meet at least
the following minimum requirements:
1.
Residential
density. There shall be not more than three dwelling units for each
acre of residential land planned and approved under this article.
2.
Maximum
building height. Thirty-five feet, subject to the provisions of this
section. In any event, the building shall not contain more than three
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade elevation
of the corners of the building.
3.
Setbacks
from tract boundary. No building or structure, other than entrance
gatehouses, walls or fences, shall be located within 40 feet of any
exterior boundary line of the tracts.
4.
Off-street
parking. At least the following number of off-street parking spaces
shall be provided: 1 1/2 parking spaces for each dwelling unit.
6.
Minimum
lot size. Each such unit shall have allocated to it a minimum lot
of 5,000 square feet, with an additional 5,000 square feet to be set
aside for or restricted to green area.
7.
Front
yards, side yards and rear yards. All buildings shall have front yard
setbacks of not less than 20 feet, side yard setbacks of not less
than eight feet and rear yard setbacks of not less than 20 feet, except
attached structures, which may have one side setback of zero feet.
8.
Maximum
dwelling units per building. No more than two dwelling units shall
be constructed or permitted in any building or under any common roof.
9.
Roadways,
parking areas, driveways, sidewalks and walkways. The developer shall
provide for the ownership and maintenance of all roadways, parking
areas, driveways, sidewalks and walkways. Such responsibility shall
remain with the developer, except that it may be transferred to an
organization conceived and established to own and maintain the roadways,
parking areas, driveways, sidewalks and walkways for the benefit of
such development.
10.
All
residential lots shall front on private roadways in accordance with
a site development plan and subdivision plat approval by the Borough
of Lakehurst.
[Ord. No. 92-03 § 1]
a.
Religious
houses of worship, churches, and associated facilities may be permitted
in all zones, provided that the use and/or structures shall adhere
to the minimum standards and design requirements of the particular
zone and the following:
[Ord. No. 2002-08]
a.
ANTENNA
COMMUNICATION TOWER
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions.
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 and include any and all antennas and towers as
defined in this section, together with other accessory structures
and equipment associated therewith.
shall mean any tower or antenna for which a building permit
has been properly issued, or for which a contract, lease or other
agreement has been awarded or entered into by the Borough Council,
prior to the effective date of this Ordinance No. 2002-08, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and snot expired.
shall mean any structure that is designed and constructed
primarily for the purpose of supporting on or more antennas for telephone,
radio and similar communication purposed, 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 shall include the structure and any support
thereof.
b.
Applicability.
1.
All
towers and antennas within the Borough of Lakehurst shall be subject
to these regulations, except as provided in paragraphs b.2 and b.3
below.
2.
This
subsection shall not govern any tower, or the installation of any
antenna, that is under 35 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive only antennas.
3.
Lawful,
preexisting, nonconforming towers and antennas, as hereinabove described,
shall be entitled to the protections and limitations available to
lawful, preexisting, nonconforming structures.
c.
Locations
Permitted. A communication tower shall be a permitted conditional
use in the B1, B2, LI zones within the Borough of Lakehurst, subject
to the following conditions:
1.
Communication
towers shall only be permitted on property owned, leased or otherwise
controlled by the Borough of Lakehurst.
2.
The
Borough of Lakehurst must give its consent before its property may
be used for a communication tower. This consent shall be in the form
of a resolution of approval adopted by the Mayor and Council of the
Borough of Lakehurst.
3.
No
communication tower shall be erected or operated within the Borough
except pursuant to a license issued by the Mayor and Council or a
lease entered into between the operator of the facility and the Borough.
4.
All
communication towers shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Administration,
be painted a neutral color so as to reduce visual obtrusiveness.
(b)
Towers shall not be artificially lighted, unless required by the
F.A.S. or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(c)
No signs shall be allowed on an antenna or tower.
5.
No
tower or antenna shall be permitted in any residential zones within
the Borough.
d.
Application
Procedure.
1.
All
applications for the construction or modification of towers or antennas
within the Borough of Lakehurst shall be made to the Borough Zoning
Officer who shall transmit copies to the Borough Clerk and the Borough
Engineer.
2.
The
Zoning Officer shall review the application to determine if the proposed
tower or antenna meets all of the conditions contained in this subsection.
The Zoning Officer shall respond to cach such application within 30
days of reviewing it.
3.
If
the Zoning Officer determines that the applicant has met all of the
conditions of this subsection, he shall administratively approve the
application.
4.
If
the Zoning Officer determines that the applicant has not met all of
the conditions of this subsection, he shall deny the application.
e.
Maintenance
and Abandonment.
1.
All
towers must meet or exceed current standards and regulations of the
Federal Aviation Administration, the Federal Communications Commission,
and any other agency of the state or federal government with the authority
to regulate towers and antennas, if such standards and regulations
are changed, then the owners of the towers and antennas governed by
this subsection shall bring such towers and antennas into 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 or antennas into compliance with such
revised standards and regulations shall constitute grounds for the
removal of the tower or antenna at the owner’s expense.
2.
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. 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.
3.
In
the event any communication tower shall be abandoned or not operated
for a period of one year, the same may be removed, at the option of
the Borough of Lakehurst, at the sole expense of the operator.
[Ord. No. 92-09 § 1]
It is the responsibility of the local government to adopt regulations
designed to promote the public health, safety and general welfare.
Such power has been delegated to the municipalities from the legislature
of the State of New Jersey. The Borough Council of the Borough of
Lakehurst, in order to better promote the public health, safety and
general welfare of its citizens, does ordain as follows:
[Ord. No. 92-09 § 2]
Pursuant to N.J.S. 2C:3-4-2(b) the legislature of the State
of New Jersey has determined that it is a fourth degree crime to sell,
distribute, rent or exhibit material which is obscene. Consequently,
the State of New Jersey has preempted the Borough of Lakehurst from
prohibiting the sale of material which the Borough believes to be
obscene. However, in order to promote the public health, safety and
general welfare of its citizens, the Borough of Lakehurst may promulgate
reasonable time, place and manner regulations with respect to the
sale, distribution, rental or exhibition of various items by sexually
oriented businesses.
The Borough has determined that sexually oriented businesses
have a deleterious effect on both the existing businesses adjacent
to such establishments, as well as the surrounding residential areas;
causes increased crime, especially prostitution; adversely affects
property value; creates an atmosphere which is inimical to the values
of a significant segment of the Borough’s population; encourages
residents and businesses to move elsewhere; and that such sexually
oriented businesses, when located in close proximity to each other,
contributes to urban blight and down-grades the quality of life in
the adjacent areas.
[Ord. No. 92-09 § 3]
It is the purpose of this section to regulate sexually oriented
businesses, to minimize and control the adverse effects, recognized
in the preceding section, and to promote the public health, safety
and general welfare of the citizens of the Borough. The Borough Council
finds that the secondary effects of adult entertainment establishments,
as established through the reports and studies of other cities and
municipalities with the appropriate resources to conduct same, is
deleterious and inimical to health, safety and general welfare of
the residents of the municipality. It is not the purpose of this section
to restrict or deny access by adults to sexually oriented material
protected by the First Amendment nor will this section have the effect
of restricting or denying such access.
[Ord. No. 92-09 § B]
As used in this section:
shall mean any place to which the public is permitted or
invited, wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or image-producing
devices are maintained to show images to one person per machine at
one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of “specified sexual activities”
or “specified anatomical areas”.
shall mean a commercial establishment which, as its principal
business purpose, conspicuously offers for sale or for rental for
any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes or video reproductions,
slides or other visual representations, which depict or describe “specified
sexual activities” or specified anatomical areas”, or
Instruments, devices or paraphernalia which are designed for
use in connection with “specified sexual activities”.
shall mean a hotel, motel or similar commercial establishment
which offers accommodations to the public for any form of consideration,
and which:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” of “specified anatomical
areas”, and has a sign visible from a public right-of-way which
advertises the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sublet the
room for a period of time that is less than 10 hours.
shall mean a commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides,
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of “specified
sexual activities” or “specified anatomical areas”.
Adult motion picture theaters shall meet the seating criteria established
for adult theaters.
shall mean a theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity for live performances which are characterized
by the exposure of “specified anatomical areas” or by
“specified sexual activities”. Seating shall be provided
in a design consistent with traditional movie theaters. All sitting
areas shall be visible and unobstructed.
shall mean the exhibition to the senses of another person
for valuable consideration, whether the valuable consideration is
paid by the recipient of the exhibition or by another, and whether
the exhibition occurs at the exhibitor’s place of business or
elsewhere.
shall mean the appearance of human bare buttocks, anus,
male genitals, female genitals or female breasts.
shall mean the definition of obscene materials set forth
in C.95, L. 1978, as amended by C. 211, Section 1, L. 1982 (effective
December 23, 1982 as N.J.S. 2C:34-2), as same be, from time to time,
amended or supplemented, as well as in accordance with, and not more
strictly than judicial interpretations thereof, pursuant to the Constitution
of the United States and of the State of New Jersey finally concluded
in courts of jurisdiction sufficient to render decisions on constitutional
questions of general application.
shall mean an adult arcade, adult bookstore, adult video
store, adult cabaret, adult motel, adult motion picture theater or
adult theater.
shall mean and include any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in conjunction with any of
the activities set forth in a through c.
[Ord. No. 92-09 § C]
a.
It shall
be a violation of this section if a person operates or causes to be
operated, or allows to be operated, a sexually oriented business:
1.
Within
1,000 feet of a place of worship;
2.
Within
1,000 feet of any school, whether public or private, or within 1,000
feet of any school bus stop;
3.
Within
1,000 feet of a boundary of a growth area, village or rural development,
district or zone;
4.
Within
1,000 feet of any other sexually oriented business;
5.
Within
1,000 feet of any residential use or zone;
6.
Within
1,000 feet of any public park or playground.
b.
Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises where a sexually oriented business
is conducted to the nearest property line of the premises of a place
or workshop, a school, a boundary of a residential district, a public
part of playground or a lot devoted to residential use or a school
bus stop.
c.
A sexually
oriented business lawfully operating as a conforming use, is not rendered
a nonconforming use by the location, subsequent to the establishment
of sexually oriented business of a place of worship, school, public
area, residential district, or residential lot within 1,000 feet of
the sexually oriented business.
d.
The sexually
oriented business shall conform with design standards and development
requirements established through the Ordinances of the Borough of
Lakehurst.
[Ord. No. 92-09 § D; New]
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
All residential zones are barred from retail and growing facilities.
Pre-existing non-conforming retail uses are explicitly barred from
marijuana/cannabis retail use.
b.
Three cannabis retail licenses shall be permitted in the Borough.
One retail license shall be permitted in the B1 Zone, and two retail
licenses shall be permitted in the B2 Zone.
d.
In the light industrial zone, the Borough shall allow only one entity
to hold a Class 1 Cannabis Cultivation License and/or a Class 2 Cannabis
Manufacturer License and/or a Class 3 Cannabis Wholesaler License
and/or or a Class 4 Cannabis Distributor License if the licenses are
owned by the same entity.
1.
A Class 5 Cannabis Retail site shall not be permitted in the light
industrial zone.
e.
Class 6 Cannabis Delivery Licenses shall be permitted in the Borough
on the condition the entity also possesses a Class 5 Retailer License.
f.
Distance from Schools and Parks. All cannabis operated facilities
shall be located a minimum of 200 feet from schools having full time
enrollment of 100 or more students, as measured from the nearest property
boundary of such school use to the front door or primary access of
the proposed licensed premises and any public parks. Prior to issuing
a retail cannabis business license, the Borough shall confirm the
proposed licensed premises boundaries meet such requirements.
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
The "New Jersey Regulatory Enforcement Assistance and Marketplace
Modernization Act" establishes six "marketplace" classes of licensed
businesses: Namely,
b.
Three cannabis retail licenses shall be permitted in the Borough.
One retail license shall be permitted in the B1 Zone, and two retail
licenses shall be permitted in the B2 Zone.
c.
In the light industrial zone, the Borough shall permit only one entity
to hold a Class 1 Cannabis Cultivation License and/or a Class 2 Cannabis
Manufacturer License and/or a Class 3 Cannabis Wholesaler License
and/or or a Class 4 Cannabis Distributor License if the licenses are
owned by the same entity.
d.
A Class 5 Cannabis Retail site shall not be permitted in the light
industrial zone.
e.
A Class 6 Cannabis Delivery Licenses shall be permitted on the condition
the entity also possesses a Class 5 Retailer License.
f.
Storage of Products. All products and accessories for a Class 5 Retail
License shall be at a minimum at or near the center of the store,
completely indoors and onsite.
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
Any business duly licensed by the State of New Jersey to conduct legal use marijuana operations, as defined by State law, may operate within the zones referenced in subsections 25-32.1 and 25-32.2 so long as: (i) the entity maintains its State and local (if applicable) license in good standing and the entity otherwise remains in full compliance with the laws and regulations established by the State of New Jersey and the applicable agency, authority, and/or department governing the licensed activity, as may be amended.
b.
No Business License to operate within the Borough shall be granted
or renewed without such evidence as may be required by the Clerk's
Office to determine that the entity maintains all valid State and/or
departmental licenses and approvals, and that all such licenses and/or
approvals remain in good standing at the time of registration.
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
There shall be no on-site sales of alcohol or tobacco products.
b.
There shall be no on-site sales of food, beverage, and other refreshments.
c.
The consumption of marijuana on any retail site, either indoor or
outdoor is strictly prohibited. No consumption of any marijuana product
shall be allowed or permitted on the licensed premises or adjacent
grounds.
d.
Hours of public operation shall be limited to 10:00 a.m. to 9:00
p.m. daily. No licensed marijuana business shall be open to the public
between the hours outside of 10:00 a.m. to 9:00 p.m. any day.
e.
For any of the Class 1-5 licenses, the facility or retail store shall
provide an air treatment system with sufficient odor absorbing ventilation
and exhaust systems such that any odors generated inside the facility
are not detectable by a person of reasonable sensitivity anywhere
on adjacent property, within public rights of way, or within any other
unit located within the same building as the licensed facility if
the use only occupies a portion of a building.
f.
To the extent not already required by the entity's State license,
all sites must be equipped with security cameras requiring identification
quality imagining, which covers all areas, including, but not limited
to, all exterior parking and loading areas, points of entry, and interior
spaces which are either open to the public or used for the storage
or processing of marijuana products. Footage must be maintained for
the duration required under State law.
g.
All licensed cannabis facilities must provide the Lakehurst Borough
Police Department with access to security footage immediately upon
request by the Department.
h.
To the extent not already required by the entity's State license,
all licensed facilities must provide at least one security guard who
is certified by the police training commission, or more if required
by the State, during all times the facility is open to the public.
[Added 8-19-2021 by Ord. No. 2021-06; amended 11-3-2022 by Ord. No. 2022-10]
a.
No State licensed cannabis business shall display signage containing
text and/or images intended to promote excessive consumption of legal
cannabis products.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XV]
All zoning requirements shall be met at the time of any erection,
enlargement, moving, or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this section shall apply
to the enlargement or new structure.
All developments resulting from subdivision and site plan approvals
shall comply with all the design and performance standards, including
conditions imposed by the approving authority as shown on the approved
plat and/or included in the resolution adopted by the approving authority.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XVI]
a.
Failure
to comply with any provision of this chapter shall be considered a
violation of the chapter and shall be punishable by a fine of $500
or 90 days in jail, or both. Each date of such violation continuance
shall be considered as a separate offense and shall be separately
punishable.
b.
These penalties
shall not be the exclusive remedy available and nothing in this chapter
shall prevent the application for and obtaining of injunctive relief
as set forth below.
c.
In case
any building or structure is erected, constructed, altered, repaired,
converted, or maintained or any building, structure or land is used
in violation of this chapter or of any other ordinance or other regulation
made under authority conferred hereby, the proper local authorities
of the municipality or an interested party, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of the building, structure or
land, to prevent any illegal act, conduct business or use in or about
such premises.
d.
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, such persons shall be subject to penalty
not to exceed $1,000 and each lot disposition so made may be deemed
a separate violation.
e.
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 if a certificate of compliance has not been issued in accordance
with N.J.S. 40:55D-56, but only if the municipality (1) has so determined
and (2) has adopted by ordinance standards and procedures in accordance
with N.J.S. 40:55D-38.
f.
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 the land or within six years, if unrecorded.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XVII; Ord. No. 2012-06]
a.
It shall
be the duty of the Construction Code Official to administer and enforce
the zoning provisions of this chapter. No building permit shall be
issued unless the plans are accompanied by an approved development
permit. No development permit shall be issued unless the proposed
structure, use, temporary activity, and construction activities are
in compliance with this chapter. In cases involving the new use of
an existing structure, no certificates of occupancy for the new tenant
shall be issued until a development permit has been issued.
b.
In addition
to the Construction Code Official, the Zoning Officer and Lakehurst
Police Department are authorized to act as enforcing agents for this
chapter.
c.
It shall
be the duty of the Planning Board Engineer to enforce the provisions
of subdivision and site plan approval.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XVIII]
Nothing in this chapter shall require any change in a building
permit, site plan, or zoning variance which was approved before the
enactment of this chapter, but is in violation of this chapter, provided
that construction based on such a building permit shall have been
started within the effective period of the permit but not to exceed
one year from the effective date of this chapter and, in the case
of a site plan or variance, a building permit shall have been issued
within 90 days following the effective date of this chapter. In all
instances the project shall be continuously pursued to completion,
otherwise the approvals and permits shall be void.
[Ord. No. 11/78; Ord. No. 5/24/82 § XIX]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. Upon adopting of this chapter according to
law, all previously adopted subdivision, site plan, and zoning ordinances
and their amendments are repealed.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XX]
Should any section or provision of this chapter be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part thereof
other than the part so declared to be unconstitutional or invalid.
[Ord. No. 12/82 § XV]
In amending this chapter, the Borough’s Master Plan, or
any other ordinance regulating the use of land in the Pinelands Area,
the Borough shall comply with all the requirements of N.J.A.C. 7:50-3.45.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XXI; Ord. No. 12/82 § XV]
This chapter shall take effect immediately upon due publication
and passage as provided by law. The provisions of this chapter applicable
to Pinelands Area, Lakehurst and subsequent amendments to same shall
be effective upon certification of the Pinelands Commission.