Avalon City Zoning Code
§ 27-7.3
Supplemental Regulations.
[Ord. No. 607-2009 § 27-7.3; Ord. No. 624-2009 § 2, 3; Ord. No. 624 § 2, 3; Ord. No. 635-2010 §§ 4-9; Ord. No. 654-2012 § 2; Ord. No. 662-2012 § 2; Ord. No. 681-2013; Ord. No. 689-2013 §§ 3, 4; Ord. No. 703-2014 §§ 4, 5, 6; Ord. No. 728-2015 § 2; amended 6-14-2023 by Ord. No. 865-2023]
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
a.
Undersized Lots. The Zoning Officer shall issue a zoning permit, upon application, to permit the construction of a single-family dwelling on a single and separate lot having, as of December 1959, an area less than required for a residential use in the zone in which the lot is located, provided that the following criteria are met:
1.
The applicant owns no contiguous property.
2.
If two (2) or more lots having contiguous frontage were held in single and separate ownership at the time of passage or amendment of this chapter, and if said lots considered separately do not meet the requirements for lot width and/or area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of applying the requirements of this chapter.
3.
The applicant shall determine if any contiguous land is available for purchase.
4.
If contiguous land is available, the applicant shall provide evidence, satisfactory to the Zoning Officer, which demonstrates that the applicant has made a good faith attempt to purchase said land.
5.
If the evidence presented by the applicant demonstrates that the owner of the available contiguous land is unwilling to sell said land at or below the fair market value, as the same shall be herein determined, then the applicant shall have no further obligation to attempt to purchase any contiguous property. Before issuing a zoning permit pursuant to this section, the Zoning Officer may conduct an independent investigation to determine the accuracy and completeness of the evidence submitted in support of a zoning permit pursuant to this section. Such independent investigation by the Zoning Officer may include, but not necessarily be limited to, contacting the owner or owners of any contiguous property, by certified mail, regular mail, or otherwise, to determine whether said property is available for purchase and, if so, the terms and conditions thereof. The failure of an owner of contiguous property to respond to a certified letter from the Zoning Officer inquiring as to that individual's willingness to sell his/her land to the applicant shall be deemed evidence of an unwillingness to sell. The Zoning Officer shall deny a zoning permit if he finds that an owner or owners of contiguous property is/are willing to sell such contiguous property to the applicant.
6.
The fair market value of any contiguous property shall be determined by a licensed New Jersey Real Estate Appraiser.
7.
In order to qualify for a zoning permit pursuant to this section, a lot shall have a minimum of forty, (40) feet frontage.
8.
A lot shall have a minimum of four thousand (4,000) square feet.
9.
A lot shall have been in existence and appear on the Official Tax Map of the Borough of Avalon prior to December 15, 1959.
10.
All provisions of the district, except as modified herein, shall be met.
b.
Nonconforming Buildings, Structures, Signs, Lots and Uses.
1.
Continuation and Enlargement.
(a)
Any nonconforming buildings, structures, signs, lots and uses which existed and were lawful immediately prior to the effective date of this chapter, or any amendment thereto, but which became nonconforming by virtue of this chapter may be continued so long as the use is continued without abandonment, including subsequent sales of the property; and any nonconforming buildings, structures or signs may be restored or repaired in the event of partial destruction thereof.
2.
Expansion of Nonconforming Uses.
(a)
The expansion of nonconforming uses shall be governed by the following rules:
(b)
A nonconforming use shall not be expanded, enlarged, or increased in any way without the grant of a variance by the Board. A nonconforming building or structure shall not be expanded, enlarged, or increased in any way unless the addition is in full compliance with the provisions of this chapter.
(c)
No structural alterations may be made to a building or structure which contains a nonconforming use unless:
(1)
The alteration is ordered by a public official to eliminate a hazardous condition, or
(2)
The alteration is a restoration or repair of said building or structure as a result of partial destruction by a single event and not simply as a result of the passage of time and normal wear and tear.
3.
Expansion of Nonconforming Buildings or Structures.
(a)
The expansion of nonconforming buildings, or structures shall be governed by the following rules:
(b)
A nonconforming building or structure may be expanded without a hearing before the Board if the expansion meets with all yard setback and height requirements of the zone in which it is located and does not exacerbate the existing nonconforming condition.
(c)
No structural alterations may be made to any building or structure which is itself nonconforming unless:
(1)
The alteration is ordered by a public official to eliminate a hazardous condition or
(2)
The alteration is a restoration or repair of said building or structure as a result of partial destruction by a single event and not simply as a result of the passage of time and normal wear and tear.
4.
Discontinuation and Abandonment.
(a)
A nonconforming use of land or of a building shall be presumed to have been discontinued if the active use of the land or building is abandoned or physically modified to preclude a nonconforming use.
(b)
Once the discontinuation occurs, the issue as to abandonment of a nonconforming use shall involve a factual determination by the Board to stay the effect of abandonment upon presentation of evidence that there was no intention to abandon.
5.
Certificate of Nonconformity.
(a)
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the building, structure, sign or use existed before the adoption of the ordinance which rendered the building, structure, sign or use nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one (1) year of the adoption of the ordinance which rendered the building, structure, sign or use nonconforming or at any time to the Board. Denial by the administrative officer shall be appealable to the Board.
(b)
The Zoning Officer shall issue a certificate of nonconformity only upon the presentation of satisfactory evidence that the nonconforming building, structure, sign and use was lawful prior to enactment of the ordinance rendering the building, structure, sign or use nonconforming. The burden of proof shall be entirely upon the applicant.
(c)
A reasonable fee may be charged for the certificate of non-conformity.
c.
Yard Exceptions.
1.
Fences, Walls and Trellis Work. Except as otherwise permitted herein, fences, walls, or a combination thereof, shall not exceed 4 feet in height. Living fences shall not exceed 8 feet in height from grade along the side or rear property lines (See Section 27-7.3(t)(6) for additional standards).
(a)
New material for fences shall be wood, vinyl, decorative finished masonry or metal. The use of barbed, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" may be used, provided it is vinyl-coated.
(b)
Retaining wall materials shall be as permitted by subsection 27-7.3u Storm Water Management.
(c)
Fences or walls, or a combination thereof, not exceeding four (4) feet in height may be of open or closed construction. Walls and fences in excess of four (4) feet in height shall have a maximum opacity of fifty (50%) percent for the area of the structure in excess of four (4) feet.
(d)
Trelliswork including, arbors and decorative gates must be at least eighty (80%) percent open and shall not exceed seven (7) feet in height or twenty (20) feet in length. These cannot be used as a lot divider.
2.
Fences Abutting Other Zones. Fences may be erected upon a lot in a residential zone where said lot abuts a public or commercial zone, provided that:
(a)
Such fence or wall may be erected along the boundary, and such fences or walls need not comply with side or rear yard setbacks.
(b)
New material shall be wood, decorative finished masonry, vinyl, plastic or metal. The use of barbed, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" is permitted, provided it is vinyl-coated.
(c)
Fences or walls may be solid but may not exceed six (6) feet in height. Fence height shall be measured so that the top of the barrier shall not be less than forty-eight (48) inches above grade where measured on the side of the barrier that faces away from the interior of the property.
[Amended 6-14-2023 by Ord. No. 865-2023]
3.
Yard Encroachments.
(a)
Eaves and cornices shall not be considered to occupy required yard area, provided that such projections do not extend more than two and one-half (2 1/2) feet into the yard area. Under no circumstances is a cantilever considered a cornice and shall not extend into any yard area.
(b)
Chimneys, canopies, roofs over exterior doors less than sixteen (16) square feet in area, bay and bow windows shall not be considered to occupy required yard area, provided that such projections do not increase the floor area, do not extend closer than four (4) feet to any property line, and do not extend into the yard more than two (2) feet on not more than two (2) sides of the structure. Bay and bow window projections shall not exceed a total of eight (8) feet in length per side of structure.
4.
Steps.
(a)
Steps, outside stairways or entrance platforms that are each less than twenty-six (26) square feet in area, shall not extend over four (4) feet into the front, rear and side property yard areas but in no event be less than three (3) feet from any property line.
(b)
Steps, outside stairways or entrance platforms that are each less than twenty-six (26) square feet in area and are needed as a result of raising a structure to meet flood elevation may extend into side property areas but shall in no event be less than three (3) feet from any property line.
5.
Air Conditioners, Generators and Outdoor Showers. Placement of HVAC units, air conditioners, generators and outdoor showers are specifically prohibited from being located in a front yard and prohibited in all side and rear yard setbacks areas.
6.
Flag Poles. Flag poles shall not exceed thirty (30) feet in height measured from grade and shall be set back six (6) feet from any property line.
d.
Height Exceptions. Necessary accessory appurtenances to permitted buildings, such as radio aerials, television antennas, church spires, chimneys, etc., shall not be restricted to district height limitations. However, such exceptions shall not include unnecessary appurtenances such as false fronts, roof parapets, finials, cupolas, weather vanes or other architectural decorative structures. The height of any such excepted structure above the base to which it is fixed or attached shall not be greater than the shortest distance from such base to any property line, nor shall it exceed twice the height limitations in the district in which it is located. Chimneys may exceed the building height, but only by the minimum height necessary for compliance with applicable construction codes.
e.
Flat Roof Conversion. Any structure having a flat roof may be converted to pitched roof, provided that the new roof does not exceed the permitted height, and does not increase the habitable area.
f.
Structure Below Base Flood Elevation. Any structure in a zone may be raised or elevated to the base flood elevation plus freeboard, three (3) feet or to replace a defective foundation provided that the permitted height is not exceeded, the habitable area is not increased, all setbacks are met and the development meets all other requirements of this chapter.
g.
Space Used Once. No part of a yard, other open space or off-street parking area required about or in connection with any building for the purpose of complying with this chapter shall be included as a part of a yard, open space or off-street parking area similarly required for another building.
h.
Building Beyond Bulkhead Lines. No building or structure shall extend beyond the bulkhead line, bulkhead or retaining wall abutting wetlands, except a pier or dock which may extend not more than thirty (30) feet, or a greater distance only when specified in a particular deed provided that a building permit therefore has been granted by the Building Inspector and the approval of all other officials having jurisdiction has been obtained.
i.
Building Beyond Boardwalk Line. No pier, dock, boathouse, pavilion, jetty or other structure shall be constructed, altered or moved beyond the boardwalk line toward, over or into the Atlantic Ocean. This shall not be deemed to prohibit structures reasonably required for erosion control or public recreational uses when constructed by a public agency.
j.
Yard Reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots, created after the effective date of this chapter, shall meet at least the minimum requirements as established by this chapter.
k.
Lots Contiguous to Dune Line. Those lots contiguous to the established dune line of the Borough of Avalon and as further amplified upon the Official Tax Map of the Borough of Avalon shall have a yard with a minimum depth of ten (10) feet as measured from the easternmost boundary of the lot and the easternmost building line of the structure, except in those cases where the dune line lies west of the easternmost boundary of the lot, then, in such case, the yard depth shall be no greater than the area between the easternmost building line and the dune line.
l.
Multi-Story Dwelling Unit. The primary means of access to each floor within a dwelling unit shall be by interior stairs.
m.
Public Utility Buildings. A public utility substation building deemed necessary to the service, convenience or welfare of the public by the Board of Public Utility Commissioners in accordance with Chapter 276 of the Public Laws of New Jersey 1978, as amended and supplemented, will be considered an essential service and may be placed in any district, subject to site plan review and approval, provided that the building is in keeping with the neighborhood in which it is located, and provided further that the building will not be used as a storage depot for materials, a garage, repair shop or other service building in any residential district.
n.
Split Lot Zoning. (Reserved)
o.
Conformity of Building Setback Lines. The Board in review of variance cases, not withstanding other requirements of this chapter, may encourage conformity of building setback lines with the median setback lines of existing structures on the same side of the street and within three hundred (300) feet of the proposed new construction.
p.
Porches and Decks.
1.
The floor of any outside porch or deck shall be no higher than the floor of the highest habitable floor in said structure.
2.
Roofs shall be permitted above a third floor deck for one and two-family residential uses. This area shall be included in the total calculation of floor area ratio (FAR).
[Ord. No. 728-2015 § 2]
q.
Roof Pitch.
1.
For single-family and two-family dwellings only, the average roof pitch must be a minimum of four feet of rise to every twelve feet of run (4:12). Any roof having a pitch less than two feet of rise to every twelve feet of run (2:12) shall be considered flat, and flat roofs may not exceed twenty (20%) percent of the roof area, measured in a horizontal plane.
2.
The roof pitch plan must be to scale and submitted with the appropriate calculations at the time a zoning permit application is made.
r.
Oversized Lot Yard Requirements. In order to preserve light and air, where a parcel in any residential zone exceeds the minimum lot frontage requirements of the zone, by twenty-five (25%) percent or more, the minimum and total side yard areas shall be increased proportionally with the lot frontage.
Where a lot frontage exceeds the minimum requirement by twenty-five (25%) percent and the lot is rectilinear in shape, the lot width at the front and rear lot building setback lines must exceed the minimum lot frontage of the district by twenty-five (25%) percent or more in order for this requirement to apply; or
Where a lot frontage exceeds the minimum requirement by twenty-five (25%) percent and the lot is irregular in shape the average of the lot width at the front building setback line and the rear building setback line must exceed the minimum lot frontage requirements of the zone by twenty-five (25%) percent or more.
The equation shall read as follows:
Y = (X) (Z) | |
Where X = | Minimum Total and Minimum Required Side Yard |
And Y = | The Additional Total and Minimum Required Side Yard Setback for Property |
And Z = | Percentage that Lot Exceeds Minimum Frontage Requirements of the Zone |
s.
Lots Contiguous to the Bulkhead Line or Mean High Water Line. The purpose of this paragraph is to create rear yard setbacks that protect and enhance the natural environment while, creating a consistent appearance along the watercourse and protecting views from the parcels.
1.
Where the mean high water line is between the bulkhead line and the upland, the mean high water line shall prevail.
2.
All constructed bulkheads shall be measured from the edge closest to the water to determine the lot depth and when bulkheads are replaced the measurement from the new bulkhead shall prevail.
3.
The rear yard setback shall be as follows:
(a)
For lots where the distance from the street line to bulkhead line or mean high water line is one hundred ten (110) feet or less, the rear setback line shall be measured eighty-five (85) feet from the front property line provided the following:
(1)
A minimum of nine (9) feet is maintained from the bulkhead line or mean high water line to the habitable building and/or architectural details;
(2)
A minimum of five (5) feet is maintained from the bulkhead line or mean high water line for any structure more than eighteen (18) inches high, (except where other restrictions apply); and
(3)
The rear yard setback can be zero (to the bulkhead line or mean high water line) for any structure less than eighteen (18) inches in height.
Or
(b)
For lots where the distance from the street line to the bulkhead line or mean high water line is greater than one hundred ten (110) feet, the rear setback shall be twenty-five (25) feet measured at the closest point between the bulkhead line or mean high water line and the street line.
(1)
The rear yard setback can be zero to the bulkhead line or mean high water line for any structure less than eighteen (18) inches in height.
t.
Landscaping.
1.
General Introduction.
(a)
The survival of most types of plant life is difficult on a barrier island such as Avalon. Vegetation has to contend with nutrient poor, sandy soils, frequent northeast storms, strong west winds, and salt-laden air. These conditions make it difficult for most vegetation to develop and mature. Vegetation of all types, especially trees and shrubs, enhance absorption of run-off back into the soil, reduce air pollution, and aid transpiration. Trees and shrubs reduce the perception of noise and act as a windbreak. Accordingly, conservation of these natural resources is in the public interest, satisfies the purposes of zoning, and benefits those who dwell on the island.
(b)
The goal of the Borough is that all existing trees and vegetation should be preserved where and whenever feasible. Plans for construction and/or demolition must specify appropriate grading and protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved or removed.
(c)
Routine Maintenance. Routine maintenance, including pruning and planting of materials is permitted, provided it is on private property. Pruning, clearing or alteration of vegetation is prohibited on public property, or any dune, except when performed in conjunction with an approved Dune Vegetation Management Plan or otherwise with the written consent and approval of the Borough as herein provided and any such activity shall be performed only under the Borough's supervision and direction.
Cross reference: See Applicability of Storm Water Management Plan – subsection 27-7.3u.
2.
Landscape Plan.
A landscape plan shall be required:
(a)
For all applications pursuant to Chapter 26 (Site Plan Review) or Chapter 27 (Zoning) of this Code.
(b)
For all other residential development, including development for one and two family dwellings.
(c)
For additions to an existing structure and/or site improvements which increases the square footage of the principal structure or any accessory structure which either individually or in the aggregate measures two hundred fifty (250) square feet or more.
(d)
For the construction or installation of any in-ground or on-ground swimming pool; spa or pool spa as those terms are defined in Section 27-3c. Hot tubs or pool hot tubs as defined in the same section are excluded from the landscape plan requirements.
3.
Definitions.
In addition to those definitions set forth in Section 27-3c, the following definitions shall apply to this subsection:
DECIDUOUS
Plants that drop their foliage annually before becoming dormant.
EXISTING STRUCTURE
When used in the context of demolition shall mean the principal structure and accessory structures, if any, that are intended to be demolished.
EVERGREEN
A non-deciduous plant with foliage that remains green all year round.
GREEN SPACE
Shall include not less than one tree plus grass or lawn, shrubs, vegetative ground cover, or any combination thereof; provided, however, that any and all plantings should come from the Avalon Acceptable Plan Materials List. Green space shall be calculated using only the buildable area of a lot. Decorative stone, pervious stone, pervious pavement, and artificial turf are not considered green space. Plants that are considered annuals or perennials may be planted at the discretion of the owner; provided, however, that nothing may be planted that appears on the list of Invasive and Prohibited Plant Species.
[Amended 4-28-2021 by Ord. No. 819-2021]
LANDSCAPE PLANTINGS
Lawn, trees, shrubs, groundcover, perennials, annuals and ornamental grasses.
PRINCIPAL STRUCTURE
The building existing or proposed as the principal residence to be built on a parcel of land.
PRUNING OF TREES AND VEGETATION
To cut off or cut back parts of a tree for better shape, or more fruitful growth.
SHADE TREE
A tree, usually deciduous, planted primarily for overhead canopy.
SHRUB
A woody plant that is never tree-like in habit and produces branches or shoots from near the base.
SPRAYER
A manually operated nozzle that fits on the end of a garden hose which discharges water.
STREET TREES
Trees planted in the street right-of-way, between the sidewalk and curb line or between the right-of-way line and the street line.
TREE
Any existing deciduous or evergreen tree having a trunk diameter greater than three (3) inches or more measured three (3) feet above the ground.
TREE TOPPING
The removal of most of the upper branches and trunk of a tree to effectuate restricted growth or the termination of the plant (also known as pollarding or hat-racking).
VACANT LOT
A parcel of land with no structural improvements.
4.
Landscape Plan Requirements.
The landscape plan required under Chapter 26 or Chapter 27 shall address the goals set forth in paragraphs t, 1 and 2 above and shall be designed to maintain existing vegetation to the greatest extent possible and to ensure the survival of existing and new vegetation.
The landscape plan shall contain an area of green space. All new one and two family developments shall provide a minimum of fifteen (15%) percent green space which shall be planted with at least one tree plus grasses and lawns, shrubs, and vegetative ground cover. Decorative stone, pervious stone, pervious pavement and mulch beds are not considered green space. Such fifteen (15%) percent green space requirement shall be inclusive of any required buffer around swimming pools, the area consumed by "Living Fences" as such term is defined in this chapter, the buffer required by the Storm Water Management Plan of the Borough, and any other vegetative buffer zones mandated by either Chapter 26 or 27 or any other chapter of the Code. In fulfilling the green space requirement, the property owner may select any tree, shrub or plant contained on the Borough's List of Acceptable Plant Materials. The property owner shall not plant anything on the prohibited list of invasive species. The requirements of Chapter 26 shall be followed to the extent applicable.
The landscape plan shall clearly show the location and size of any mature tree that is to be preserved as part of the development. In general, a mature tree shall be considered one with a diameter of at least three (3) inches measured three (3) feet above the ground.
5.
Landscape Plan; Time for Completion.
The landscaping plan shall be completed and all landscaping, including any new vegetation required by the plan shall be installed prior to the issuance of a certificate of occupancy whenever possible. If the landscaping plan cannot be completed prior to the issuance of a certificate of occupancy due to weather or other seasonal conditions, then such plan shall be completed not later than one hundred eighty (180) days following the issuance of the certificate of occupancy.
6.
Living Fences.
(a)
All living fences shall be developed pursuant to the following standards:
(1)
All living fences shall be developed with plants, trees and shrubs approved in accordance with the Avalon Approved List of Vegetation for Living Fences.
(2)
All plantings on the Approved List of Vegetation for Living Fences shall be planted and maintained so that they do not exceed ninety-six (96) inches in height along the side or rear property lines.
(3)
All living fences shall be planted and maintained to comply with the height limitations imposed by this chapter and shall not be closer than two (2) feet from the property line measured to the base of the tree trunk to ensure it does not encroach across property lines, and shall not be more than ten (10) feet from the property line except for the front property line.
(4)
No living fence shall be developed within fifteen (15) feet of the front property line.
(5)
This paragraph is also intended to regulate the development of living fences on vacant lots.
(6)
Any plantings that constitute, or will constitute, a Living Fence shall be selected from the approved list known as the Avalon Approved List of Vegetation for Living Fences. Any plant or plantings appearing on the Invasive and Nuisance Plant List is prohibited.
(b)
Existing Non-Conforming Living Fences. Any non-conforming living fence which existed immediately prior to the effective date of this paragraph t, or any amendment thereto, may be continued and shall enjoy the same protections afforded non-conforming structures pursuant to subsection 27-7.3b.
Editor's Note: Paragraph t was amended and restated in its entirety by Ord. No. 743-2016.
7.
Prohibited Actions.
(a)
The removal, pruning or topping of any tree, shrub or plant from public property is prohibited unless done in conjunction with the application and participation in an approved project under the Dune Vegetation Management Plan, or otherwise with the Borough's consent. The Borough's consent shall be obtained by written application to the Business Administrator who shall consult with Department / Division Heads, Borough professionals and others to determine if approval will be granted or denied. Any approval shall be subject to such terms, conditions and provisions specified by the Business Administrator.
(b)
The topping of any tree is prohibited, except to the extent necessary to comply with the maximum height limitations imposed under the Living Fence paragraph above.
(c)
The destruction or marring of a tree, shrub or plant to circumvent the provisions of this chapter is prohibited.
(d)
The planting of any plant or vegetation on the invasive plant species list is prohibited.
8.
Clearing of Lots.
It shall be unlawful to clear or clean cut any lot or parcel of ground in the Borough except in the following circumstances:
(a)
The proposed clearing of such lot or parcel is accompanied by an application for development which is accompanied by a landscape plan which conforms to the requirements of this Chapter and section; and
(b)
Such landscape plan shall include the fifteen (15%) percent minimum green space required by this paragraph t. and which shall also identify the location of any mature tree or trees that are to remain. If the owner or developer determines that it is neither possible nor feasible to retain any such mature tree, the reasons for such determination shall be clearly set forth on the landscape plan or in an attachment thereto; and
(c)
The landscape plan shall be approved by the appropriate authority (Zoning Official or Planning/Zoning Board) before any lot clearing shall take place.
(d)
An application for a demolition permit shall be accompanied by a modified landscape plan which shall clearly indicate the vegetation to be removed and the reasons for such removal. In the case of any mature tree (one measuring three (3) inches in diameter measured three (3) feet above ground) proposed for removal, such plan shall indicate the reasons why it is not possible or feasible to retain such tree or trees. Any mature tree that is proposed for sale or relocation off site shall also be identified. The modified landscape plan shall be approved by the appropriate authority (Zoning Official or Planning/Zoning Board) before any clearing shall take place.
(e)
The proposed clearing is necessary in order to comply with the provisions of Chapter 16 (Property Maintenance) of the Avalon Borough Code in order:
(1)
To remove any tree, regardless of size or maturity, that is diseased or dying, or on the Borough's current list of invasive plant species, or which poses a threat or danger to person or property.
(2)
To remove any vegetation which is listed on the Borough's current list of invasive species.
(3)
To remove brush, weeds, dead and dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and expedient for the protection of the public health, safety, general welfare or to eliminate a fire hazard or any other nuisance or to comply with the provisions of Chapter 16 (Property Maintenance) of the Borough Code.
(f)
In all other situations not included in paragraphs (a) through (e) of this subsection, the owner or developer of property and their agents, employees, contractors and subcontractors shall first be required to obtain a permit from the Zoning Official in order to clear or clean cut a vacant lot. Such permit shall be issued, without fee, and the application for such permit shall be on forms provided by the Borough and shall provide the following information:
(1)
A recent survey of the property prepared and dated within twelve (12) months of the application.
(2)
Recent photographs of the front, rear and sides of the lot taken with twelve (12) months of the application.
(3)
The survey shall indicate the location of all trees and vegetation on the lot.
(4)
Each tree shall be identified, as can best be determined, by species and if the species is unknown it shall be so indicated.
(5)
The survey shall clearly indicate any and all trees to be removed as well as those which are to remain and the species of each shall be indicated. Any mature tree that is proposed for sale or relocation off site shall also be identified.
(6)
Permit applicant shall sign a certification that all documents submitted in support of permit are true and correct, that no changes have occurred within twelve (12) months of the application, that applicant has received a copy of the Borough's Landscape Ordinance and will comply therewith and that any misrepresentation in the application process may be cause for the denial of a permit or the revocation of an issued permit.
Cross Reference: Mayor's Executive Order 2014-1 dated 10/20/2014.
APPEAL: Any person who is aggrieved by the decision of the Zoning Official in the granting or denying of any permit under this section shall have the right to appeal such decision to the Planning/Zoning Board within such time and in such manner as provided by Borough Ordinance or State law.
9.
Irrigation.
Cross reference: Previously designated as 27-7.3(2).
(a)
Watering Restrictions. See restrictions in Borough Code Section 14-15.
(b)
Watering Systems. All newly installed or retrofitted watering systems shall meet the following minimum standards:
(1)
Drip and/or soaker technology may be utilized provided the system has pressure compensating emitters as per published manufacturer's specifications.
(2)
Rotators and spray irrigation heads may be utilized only if they have a maximum precipitation rate not to exceed 1.25 inches per hour (1.25 ins. /hr.) as per published manufacturer's specifications.
(3)
Systems shall be designed and positioned as to prevent overspray onto sidewalks, streets, adjacent properties or any natural body of water and shall follow industry design standards.
(c)
Control Systems:
(1)
All newly installed or retrofitted irrigation control systems shall utilize "smart" technology controllers approved by the National Irrigation Associations SWAT Certification (http://www.irrigation.org/SWAT/).
(2)
Each system shall utilize a rain sensor and/or at least one other weather or soil moisture sensor.
(3)
Effective use of these control systems is enhanced by following manufacturer design and installation specifications.
(d)
Contractor Certification:
(1)
All contractors installing and/or maintaining irrigation systems shall hold a valid Landscape Irrigation Contractor's license issued by the NJ DEP in order to construct, repair, maintain, improve or alter a landscape irrigation system in accordance with P.L. 1991, c. 27 (C. 45:5AA-3).
(e)
Exemptions from the above watering restrictions include:
(1)
Manual, self-contained watering devices such as watering cans, buckets or rain barrels and hand watering utilizing a hose with an auto-shut off nozzle.
(2)
Portable sprayers and sprinklers attached to a hose.
(3)
Newly installed lawn and landscape bed sprinklers for the first forty-five (45) days.
(4)
All newly installed or retrofitted systems utilizing both a smart controller and the above drip or spray technology as per paragraph (c) above.
10.
Acceptable Plant Species; Invasive and Prohibited Plant Species.
The Borough Environmental Commission shall develop, maintain, and periodically update, as need and circumstances require, a comprehensive list of plant materials which shall include: (i) Shade Trees; (ii) Evergreen Trees; and (iii) Shrubs as well as (iv) a list of plantings acceptable for Living Fences; (v) a dune vegetative management list; and (vi) a list of Invasive and Prohibited Plant Species.
Such lists of acceptable as well as prohibited plant species, when prepared by the Environmental Commission, shall be submitted to the Planning/Zoning Board for its approval. Upon approval by the Planning/Zoning Board such list of acceptable as well as prohibited species shall become an appendix to Chapter 27 (Zoning) of the Code of the Borough of Avalon. Such lists shall bear the date of approval by the Planning/Zoning Board.
[Ord. No. 743-2016 § 1]
u.
Storm Water Management. For one- and two-family residential developments, a storm water management plan for the lot(s) in question must be submitted, reviewed, and approved by the Zoning Officer or designated official, prior to the issuance of a zoning permit for any of the following:
1.
Additions to an existing structure and/or site improvements which increase the impervious coverage by more than two hundred fifty (250) square feet or
2.
The construction of a new principal structure or
3.
The construction of any pool.
4.
The storm water management plan shall not adversely affect the adjoining properties. The minimum requirements are as follows:
(a)
All lots shall be graded toward the street(s) at a minimum slope of one-half (1/2%) percent and a maximum slope of one (1%) percent, measured from the existing top of curb or existing sidewalk elevation, whichever is higher to the center point of the rear lot line. All topographic information shall be based on NAVD 88 datum. If a grade difference between the adjoining properties results, then retaining walls shall be constructed. Retaining walls shall be constructed of masonry or plastic materials designed for the superimposed loading. (Exception: Any lots which are regulated under the Beach Protection Ordinance.)
(b)
The top of the retaining wall along the rear property line shall extend between 0.20 and 0.40 feet above the maximum permitted elevation.
(c)
No water shall run onto an adjacent property. Techniques such as raised driveway edges, low curbing or other similar methods shall be employed to direct water off site or to recharge areas.
5.
The roof runoff or the equivalent impervious area shall be directed to subsurface recharge areas. Recharge areas and/or roof drains shall be provided with positive overflow(s). For analysis purposes the following parameters should be utilized:
(a)
All lots shall be considered vacant for predevelopment parameters.
(b)
A 25-year storm shall be utilized.
(c)
Runoff shall be estimated in accordance with N.J.A.C. 5:21-7.1 et al.
(d)
A minimum storage of twenty-five (25%) percent shall be provided on site.
6.
All development shall provide a four (4) foot wide planted green space along the rear and side property lines within the rear yard, to increase infiltration, improve aesthetics, and provide space for grading and the conveyance of storm water.
7.
To protect from flood by maintaining the integrity of the storm water management system of the Borough, and to protect the water quality of the bay, all development which is subject to review under this section, including the construction of a pool or spa, shall comply with the following:
(a)
Silt fence shall be installed according to subsection 26-7.23.
(b)
Each potentially affected inlet shall have protection measures installed such as hay bales, stone and filter fabric, or other methods as approved by the Borough.
(c)
All discharge water generated by the dewatering of excavated areas, including pools, shall be filtered prior to discharge off site. This shall be accomplished through the utilization of sediment control bags or tanks at the point of discharge.
(d)
Inspection, and where necessary, pumping out of affected storm drains, shall be performed by the Borough's contractor, which cost shall be borne by the applicant, and paid from their application fee(s) as established by the Borough.
(e)
The measures described herein shall comply with the Standards for Soil Erosion and Sediment Control in New Jersey, as amended.
(f)
All protection measures shall be installed prior to construction, and remain in place until the site has been approved by the Borough.
v.
Solar Energy Systems. Solar panels in conjunction with solar energy systems may be situated on roof tops only and may not extend into any required yard setback areas. Solar panels may not extend past the maximum height limit of the zone. Solar energy storage units and distribution components may not occupy required yard setback areas. Solar energy systems are permitted in all districts except for the P-C (Public Conservation) District.
w.
Geothermal Energy Systems.
1.
Geothermal Open Loop Systems are prohibited within the Borough.
2.
Geothermal Closed Loop Systems are permitted within all zoning districts, however, all associated equipment is prohibited from being located within the front yard and shall be prohibited from being located within all side and rear yard setback areas.
x.
PODS®.
[Amended 6-14-2023 by Ord. No. 865-2023]
1.
"Personal On-Demand Storage Units" are permitted within the Borough in accordance with the following regulations:
(a)
The property owner must obtain a permit from the Borough Zoning Officer for a fee of fifty ($50) dollars; and
(b)
In conjunction with the relocation of personal property and household items into or out of the Borough's municipal boundaries, in lieu of a traditional moving van, one unit may be located on said property for a period not to exceed 180 days and there shall be no extension thereof and only one such permit shall be issued to a single property location within any consecutive twelve (12) month period; or
(c)
In conjunction with construction, renovations or additions at a subject property, a unit is permitted on the property only after receiving a zoning and/or construction permit for the construction, renovation or addition to a principal primary and/or accessory structure(s). Only one unit may be located on the subject property and only during the period of actual construction. The unit shall be removed following completion of the construction and/or within ten (10) days of the issuance of a certificate of occupancy or a certificate of approval.
(d)
The unit shall not be located on the subject property within five (5) feet of the side property line or eight (8) feet of the rear property line.
2.
"Construction PODS®" are permitted within the Borough in accordance with the following regulations:
(a)
The contractor must obtain a permit from the Borough Zoning Official for a fee of fifty ($50) dollars and such permit shall remain valid for the time of actual construction in accordance with paragraph 1(c) above.
(b)
Only one construction POD containing tools, materials or supplies for contractors and craftsman, may be located on the construction site but only after receiving a zoning and/or construction permit for the construction, renovation or addition to a principal primary and/or accessory structure(s) and during the periods of actual construction involving the work being performed by the particular contractor using said unit. The unit shall be removed following completion of their particular phase of the construction, during periods of construction inactivity and/or within ten (10) days of the issuance of a certificate of occupancy or a certificate of approval.
(c)
The unit shall not be located on the subject property within five (5) feet of the side property line or eight (8) feet of the rear property line.
(d)
All PODS® are prohibited from being placed on any street or public right-of-way.
3.
Noncompliance with these regulations shall subject the property owner or contractor to penalties as set forth under subsection 27-8.6.
