Brigantine City Zoning Code
ARTICLE IX
Design Standards
§ 198-64 General requirements.
The developer shall observe the following requirements and principles of land subdivision and site planning in the design of each subdivision, site plan or portion thereof. The subdivision plat or site plan shall conform to design standards that will encourage good development patterns within the City of Brigantine. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision or site plan shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-ways, school sites, public parks and playgrounds and conservation areas shown on the officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats or site plans. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown in the final plat or site plan in accordance with Section 20 of Chapter 433 of the Laws of 1953[1] and shall be such as to lend themselves to the harmonious development of the City of Brigantine and enhance the public welfare in accordance with the design standards enumerated in the following sections.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
§ 198-65 Blocks.
A.
Minimum standards. Block length, width and acreage within the boundary roads shall be such as to accommodate the size of lot required in the zoning district by this chapter and to provide for convenient access, circulation control and safety of both pedestrian and vehicular traffic. For commercial and multifamily housing, block size shall be sufficient to meet all area and yard requirements specified in this chapter for such uses.
B.
Maximum length. Blocks shall not be in excess of 600 feet long. Pedestrian walk-through may be required through the block in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and straight from street to street.
§ 198-66 Lots.
B.
Frontage on improved streets. Each lot shall front upon an improved street with the appropriate width as specified in Article X, Design of Streets. Alleys are not considered as streets in this subsection.
C.
Side lot lines. Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
D.
Dedication of additional lot width. Where additional lands have been dedicated for widening of existing streets, lots shall begin at the street line as widened, and all setback lines shall be measured from such line.
E.
Grading. All grading of the lot or lots shown in the subdivision site plan shall be in accordance with the final plan. No building or structure shall be erected upon a lot which does not meet the requirements for grade level as specified in the Building Code of the City of Brigantine.
F.
Setback to existing buildings. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing buildings, structures or uses and any proposed structures, buildings or uses, and shall be carried out in conformance with this chapter.
G.
Curbing and sidewalks shall be required on all new construction. Curbing and sidewalk shall be installed on all adjacent street frontage.
H.
Applications for subdivisions shall include legal descriptions and demarcation of the development restriction line. No development shall be permitted beyond said line.
§ 198-67 Easements.
A.
Minimum width of utility easements. In any development which requires easements for the installation of utilities, such easements shall be a minimum of 15 feet wide and located in consultation with the utility concerned, as well as the Department of Public Works and Municipal Engineer.
B.
Minimum width of pedestrian easements. In any development which requires an easement to allow public access either to or through the development, such easements shall be a minimum of 12 feet wide and located in consultation with the Planning Board.
§ 198-68 Fences and walls.
A.
Permit required. No fence, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the Construction Official or Zoning Official.
B.
Maintenance. Every fence or wall shall be maintained in safe, sound, upright condition and in accordance with the approved plan on file with the Construction Official. If the Zoning Officer, upon inspection, determines that any fence is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such finding and order such fence or portion of such fence repaired or removed within 15 days of the date of the written notice.
C.
Prohibited fence types. Except for required security fences, the following fences and fencing material are specifically prohibited: barbed-wire fences, sharp pointed fences, canvas, cloth and electrically charged fences and expandable and collapsible fences.
D.
Height limitations.
(1)
Fences may be erected, altered or reconstructed to a height not to exceed four feet above the ground level when located within 20 feet of any front property line in a residential zone.
(2)
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located more than 20 feet of any front property line in a residential zone or when located in any yard area of a use in a business zone. Fences or walls as permitted above shall be constructed with the finished side facing out. The post for the fence may be extended an additional six inches in height and the pilasters for a wall may extend an additional 12 inches in height. The same decorative extensions to the posts and pilasters permitted in rear yards are also permitted in the front yard.
(3)
Fences may be erected, altered or reconstructed to a height not to exceed six feet when located in the side or rear yard of any dwelling in a residential zone.
(4)
The foregoing restrictions shall not be applied so as to prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a park, public playground or school premises.
E.
Location. All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
F.
General. The foregoing restriction shall not be applied so as to restrict the erection of a retaining wall for the purpose of retaining earth or a temporary fence for the protection of shrubbery.
G.
A "privacy fence or wall" is defined as any fence or wall that obscures visibility through the fence by 50% if viewed at right angles.
§ 198-69 Swimming pools.
A.
Required setbacks. No swimming pool shall be located closer to any property line than specified in Subsection B, in the Schedule of Swimming Pool Setbacks. The required setbacks shall be measured from the nearest pool line to the property line.
B.
The Schedule of Swimming Pool Setbacks is as follows:
Schedule of Swimming Pool Setbacks | |||
|---|---|---|---|
Type of Dwelling | Front (feet) | Required Side (feet) | Rear (feet) |
One-family | 20 | 6 | 6 |
Two-family | 20 | 6 | 6 |
All other | 40 | 20 | 20 |
C.
Safety enclosure. All swimming pools shall be completely surrounded by a safety enclosure, permanent barrier or obstruction, such as a fence or wall. This enclosure shall be a minimum of four feet in height and shall be constructed in such a manner to entirely enclose the area on which the swimming pool is located and prevent all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates of the same height as the fence, equipped with a facility for locking said gate when the pool is unattended or unguarded. A residence or clubhouse may be considered as part of the safety enclosure if it meets the preceding criteria.
D.
Hot Tubs shall be considered pools for setback requirements.
E.
All pool heaters, pumps and other equipment setbacks are four feet from side and rear yards and a minimum of 10 feet from any adjoining structures. Must be surrounded with soundproof material.
§ 198-70 Off-street loading and unloading.
A.
General requirements. For every building, structure or part thereof having over 3,000 square feet of gross floor area, erected and occupied for retail trade establishments, motels, places of public and quasi-public assembly and other similar uses involved in the receipt and distribution of materials or merchandise by vehicles, there shall be provided and permanently maintained adequate space for off-street standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space. One additional truck space of these dimensions shall be provided for every additional 10,000 square feet of gross floor area.
B.
Dimension. A required loading space shall be a minimum of 15 by 40 feet or 600 square feet.
C.
Access. Access to the loading and unloading space shall be provided directly from a public street or from an accessway that will not interfere with public convenience and will permit orderly and safe movement of service vehicles.
D.
Restricted use. Loading spaces as required under this section shall be provided as area in addition to off-street parking space and shall not be considered as furnishing off-street parking space.
§ 198-71 Lighting.
The following lighting standards shall be applied to all zone districts in the City of Brigantine.
A.
Public safety and security. All off-street parking areas, pedestrian walkways and accessways serving both residential and commercial uses shall be adequately illuminated for security and safety purposes.
B.
Glare prevention. All lighting shall be designed, oriented and installed in order to prevent glare.
C.
Lighting intensity standards. Lighting intensity standards shall be as follows:
(1)
Minimum intensity in any illuminated area shall be 0.3 footcandles.
(2)
Average lighting intensity in any illuminated area shall be 0.5 footcandle.
(3)
Off-street parking areas for commercial and multifamily uses shall have a lighting intensity of 1 1/2 footcandles.
(4)
Lighting intensity in all other areas shall be based on accepted industry standards.
D.
Fixture heights. The maximum height for any lighting standard shall not exceed 25 feet, unless specifically waived by the Planning Board.
§ 198-72 Stormwater management.
A.
Intent. The intent of this section is to provide clear design criteria for the various types of development in the City of Brigantine. The objective of stormwater management within the City is to keep all post development flows.
C.
Storm drainage. Where a subdivision, site plan or any construction is traversed by a watercourse, drainage way or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. All drainage shall be directed toward a public right-of-way. No drainage shall be permitted to drain on any adjacent property.
§ 198-73 Performance standards.
A.
Standards for review. All permitted uses shall conform to the following performance standards. If the performance characteristics of any proposed use are questionable, a building permit may be withheld until the applicant for such use shall, upon request of the review agency, furnish any or all of the following:
(1)
A detailed description of the proposed process and its product.
(2)
Reports prepared by competent technical experts showing that dissemination of smoke, dust, odors, fumes and other obnoxious gases shall be within the limits of the State of New Jersey.
(3)
Liquid waste and effluents shall be discharged into an approved existing sewage treatment plant, in accordance with that plant's regulations.
(4)
Precaution against fire hazards, radiation and explosion and proper handling and storage of materials and structural design and safeguards for the health of workers shall comply with the state statutes and requirements of the State Department of Health and Occupational Safety and Health Administration.
(5)
No vibration or glare will be evident at any point beyond the property lines of the lot on which it is located.
B.
All uses must stay within the tolerance standards set forth above, and the user shall furnish proof of this when asked to so by the governing body.