Clinton City Zoning Code
ARTICLE VII
Zoning Regulations
§ 88-51 Zone districts; Zoning Map; enforcement.
A.
Zone districts. For the purpose of this chapter, the Town of Clinton is hereby subdivided into 17 primary zone districts known as:
[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 5-23-1989 by Ord. No. 89-6; 8-24-1999 by Ord. No. 99-8; 9-9-2003 by Ord. No. 03-13; 8-10-2004 by Ord. No. 04-07; 8-13-2019 by Ord. No. 19-11; 8-13-2019 by Ord. No. 19-12; 3-23-2022 by Ord. No. 22-01; 7-10-2024 by Ord. No. 24-12]
R-1 | Residence District | |
R-1-A | Residence District | |
R-2 | Residence District | |
R-2A | Residence District | |
R-3 | Residence District | |
C-1 | Downtown Commercial District | |
C-2 | Transitional Commercial District | |
C-3 | Highway Oriented Commercial District | |
C-4 | Locally Oriented Commercial District | |
C-5 | Route 31 Commercial District | |
I | Industrial District | |
OB-1 | Office Building District | |
OB-2 | Office Building District | |
OB-3 | Office Building District | |
OB-4 | Office Building District | |
PRD-P | Planned Residential Development Park | |
PRD | Planned Residential Development | |
PARD | Parks and Recreation District | |
MF-1 | Multifamily Housing District | |
AH-1 | Affordable Housing District |
B.
FP Floodplain District. Portions of certain of the foregoing zone districts are further incorporated within the following flood hazard areas:
[Amended 7-10-2024 by Ord. No. 24-12]
100-Year Flood Hazard Area | ||
500-Year Flood Hazard Area | ||
C.
Map and schedule. The map entitled "Zoning Map, Town of Clinton, New Jersey," dated April 2024,[1] and the Schedule of Requirements[2] which accompany this chapter are hereby declared to be part hereof.
[Amended 8-14-1979 by Ord. No. 79-7; 7-10-2024 by Ord. No. 24-12]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included as an attachment to this chapter.
D.
Delineation of FP Floodplain District.
(1)
The FP Floodplain District as shown on the Zoning Map referred to in Subsection C is further and more specifically defined as the total extent of Zones A and B constituting the areas of five-hundred-year flood as shown on United States Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Boundary Map H-01, Flood Insurance Rate Map 1-01, Panel H & I-01, applicable to the Town of Clinton, New Jersey (Hunterdon County), Community Number 340233 A, effective February 2, 1977. A copy of said map is on file in the office of the Town Clerk and available for public inspection.
(2)
The floodway for passage of water of the one-hundred-year flood as shown on the Zoning Map referred to in Subsection C is further and more specifically defined as lands designated as floodway on a certain map entitled "Flood Boundary and Floodway Map 01-F, prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, for the Town of Clinton, New Jersey (Hunterdon County), Panel 01-F, Community Number 340233, effective February 2, 1977." A copy of this map is on file in the office of the Clinton Town Clerk and available for public inspection.
E.
Zone boundaries. The zone boundary lines shown on the Zoning Map are intended to coincide with property lines, the center lines of streets, easements, railroads or drainage courses as they existed at the time of adoption of this chapter, or as they are designated on the Zoning Map by figures or dimensions. In case of uncertainty as to the location of any zone boundary line, the determination thereof shall be by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
§ 88-52 R Residence Districts.
A.
The following are permitted principal uses:
(1)
One-family dwellings.
(2)
Two-family dwellings in the R-3 District only.
(4)
Public parks and playgrounds.
(5)
Public recreation buildings and facilities.
(6)
Municipal office and administration buildings.
(7)
Agricultural uses, such as farms, orchards, plant nurseries and the raising of poultry and livestock, except hogs, on properties of five acres or more in size.[1]
[1]
Editor's Note: Former Subsection A(8), pertaining to accessory apartments added 12-18-1984 by Ord. No. 84-17, as amended, which immediately followed this section, was repealed 7-25-2006 by Ord. No. 06-12.
B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[3]
[3]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Requirements for multifamily dwellings. Wherever permitted in this article, multifamily dwellings shall meet the following requirements:
(1)
Area, density and coverage.
(a)
Lot area. There shall be a minimum lot area of five acres, inclusive of streets, roads or driveways whether privately owned or dedicated to the Town.
(b)
Gross density. There shall be no more than 10 dwelling units per acre nor more than 14 habitable rooms, exclusive of living rooms, dining rooms and kitchens, per acre.
(c)
Building coverage. The total ground floor area of all buildings shall not exceed 20% of the lot area.
(2)
Frontage and depth. There shall be a minimum continuous frontage of 200 feet along the public street from which the principal access to the development shall run and a minimum average depth of 300 feet.
(3)
Setback requirements. No building shall be located within 75 feet of a public street nor within 30 feet of any other property line.
(4)
Building requirements.
(a)
Height. No building shall exceed a height of 21/2 stories or 30 feet, whichever is the lesser, and no exterior wall shall have an exposed height of more than 30 feet.
(b)
Units per building. No building or group of attached buildings shall contain more than 24 dwelling units.
(c)
Variation in design. Building plans and elevations shall show a variation in exterior design to be achieved by types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade. All buildings shall be designed with a colonial appearance.
(d)
Length of buildings. No building shall exceed a length of 200 feet. This limitation shall apply to any attached buildings where the enclosed angle between the exterior walls exceeds 150 feet.
(e)
Distance between buildings. There shall be a minimum average distance between dwelling structures of 25 feet plus 1/2 feet for each foot of opposing building wall length up to a maximum of 75 feet. This provision shall apply to walls of the same building facing one another, such as in a courtyard formed by a U-shaped building. Notwithstanding the foregoing, whenever a driveway is located between buildings, the minimum distance between building walls shall be 50 feet.
(5)
Dwelling unit requirements.[4]
(a)
Floors and ceilings and partitions between dwelling units shall be constructed so as to have a minimum airborne sound transmission loss classification of 50 decibels. The Land Use Board shall ascertain that reasonable measures are taken in floor and ceiling construction to avoid disturbing levels of impact sound.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Storage space of 500 cubic feet, exclusive of normal closet space, shall be provided for each dwelling unit, either within each dwelling unit or in a common area of the building.
(c)
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure.
(d)
No room within a dwelling unit intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement may contain a family room or recreation room; provided, however, that one of the permitted dwelling units, for a superintendent employed by the owner and responsible for maintenance of the premises, may be located not more than three feet below grade.
(6)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building and shall be at least 50 feet from a principal building. Swimming pools and recreation facilities shall be at least 100 feet from a principal building and 100 feet from a property line.
(b)
Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.
(c)
Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.
(d)
Garages. Garages may be built into the dwelling structure or separately constructed as hereinafter provided. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.
(7)
Off-street parking. Off-street parking shall conform to the provisions of §§ 88-44B and 88-62 and, in addition, shall meet the following requirements:
(a)
Parking spaces or driveways serving individual dwelling units shall not be entered directly from a public street.
(b)
All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Town specifications.
(c)
Parking areas and internal roadways shall be located at least 25 feet from principal buildings, unless a driveway leading to a garage.
(d)
No parking area shall be located within the required setback areas nor between a public street and a principal building.
(e)
No parking area shall have a capacity exceeding 25 cars.
(f)
Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an intersection. Parking in internal roadways shall be prohibited.
(g)
The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Land Use Board and shall be designed to ensure maximum safety, proper circulation and maximum convenience for residents and their guests.
[Amended 12-10-2013 by Ord. No. 13-20]
(8)
Landscaping and open space.
(a)
Exclusive of setback areas, there shall be provided a minimum of 20% of the entire tract for common open space, developed with recreation facilities for the use and enjoyment of residents of the development.
(b)
All disturbed areas shall be attractively landscaped with lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features. Shade trees shall be provided in accordance with Article VI of this chapter.
(c)
Hard-surfaced sidewalks at least four feet in width shall be provided in such locations as will ensure convenient pedestrian traffic as required by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(d)
Screening and fencing shall be provided to shield parking areas and other common facilities from view of adjoining property and streets when required by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(e)
Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The direct source of lighting shall not be visible from buildings, adjoining streets and property lines.
(9)
Utilities.
(a)
The developer shall furnish, as a condition precedent to action by the Land Use Board, acceptable water supply and sanitary sewer facilities based upon written agreements and written approval of appropriate Town and state authorities. An on-site sewage treatment plant and collection system approved by the Town Council shall be constructed and operated by the developer unless a municipal system is available.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
All power, telephone and utility service on the property shall be by underground conduit.
(c)
Fire hydrants of a type and in number and location approved by the Water Commissioner, with the advice of the chief of the Clinton Fire Company, shall be installed by the developer.
(10)
Miscellaneous.
(a)
Exterior television antennas shall be limited to one master antenna per building.
(b)
Air-conditioning units shall not extend more than six inches from the exterior wall.
(c)
Laundry facilities may be provided in each building. Outside clothes drying is prohibited.
(d)
Buried garbage cans or an outside completely enclosed structure for garbage cans approved by the Board of Health must be provided for collection of garbage from all dwelling units. No garbage or other refuse shall be stored or collected except in an outdoor buried can or receptacle or such approved structure.
(e)
The developer shall be responsible for plowing, sanding and maintaining all interior roads and parking areas.
F.
Cluster development.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
(1)
Residential cluster development shall be permitted on any tract located in an R-1 or R-2 District if the tract contains five or more acres.
(2)
Such cluster development shall permit a reduction in minimum lot area of up to two-thirds (2/3) that required in Schedule I.
(3)
Minimum lot dimensions in a cluster development shall be as follows:
Dimensions | R-1 | R-2 | |
|---|---|---|---|
Lot width (street line) | 75 | 60 | |
Lot width (building line) | 100 | 90 | |
Lot depth | 175 | 100 |
(4)
Minimum yards in a cluster development shall be as follows:
Yard | R-1 | R-2 | ||
|---|---|---|---|---|
Front | 40 | 30 | ||
Rear | 40 | 30 | ||
Side | ||||
Minimum on 1 side | 15* | 12 | ||
Combined | 35 | 30 | ||
*NOTE: Where a side yard is provided. The developer may elect to undertake a zero-lot-line development where each dwelling unit is constructed along one side lot line. In such cases, the single side yard provided shall be equivalent to the requirement for both sides, and no dwelling unit in the development shall be closer to any other dwelling unit, either within the development or on an adjoining property, than the side yard (both) requirement set forth above. | ||||
(5)
Common open space may be deeded to the Town, if accepted by the Mayor and Council. All common open space not accepted by the Town and all common elements in the development shall be deeded to an open space organization established to own and maintain the common elements as provided in N.J.S.A. 40:55D-43. The open space organization documents shall be submitted to the Town Attorney for review and approval.
G.
Requirements for R-1-A District. On tracts of land designated on the Zoning Map as "R-1-A," the gross density of residential development permitted shall not exceed 2.6 dwelling units per acre, provided that all development shall take place on lands elevated above the one-hundred-year floodplain, and the net density of development on lands outside of the floodplain shall not exceed four dwelling units per acre. Development may be in the form of single-family detached dwellings, patio homes, zero-lot-line homes and side-by-side two-family structures.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-18-1985 by Ord. No. 85-25; 12-26-1995 by Ord. No. 95-17]
(1)
All dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, and which shall include consideration of landscaping techniques; building orientation to the site, to other structures and to maximize solar gain; topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit.
(2)
Single-family dwellings shall meet the following requirements:
Description | Specification | |||
|---|---|---|---|---|
Minimum lot size | 7,500 square feet | |||
Minimum width | ||||
Street | 50 feet | |||
Building line | 70 feet | |||
Minimum yards | ||||
Front | 30 feet | |||
Rear | 30 feet | |||
Side | ||||
One | 10 feet | |||
Both | 22 feet | |||
Maximum building coverage | 30% | |||
(3)
Duplex units on individual lots shall meet the following requirements:
Description | Specification | ||
|---|---|---|---|
Minimum lot size | 15,000 square feet | ||
Minimum width | |||
Street | 80 feet | ||
Building line | 120 feet | ||
Minimum yards | |||
Front | 30 feet | ||
Rear | 30 feet | ||
Side, each | 15 feet | ||
Maximum building coverage | 25% | ||
(4)
Condominium units as single-family or duplex shall meet the following requirements:
Description | Distance (feet) | ||
|---|---|---|---|
Minimum yards | |||
Front | 30* | ||
Rear | 40** | ||
Distance between buildings | 25 | ||
NOTES: * From the right-of-way or from the curbline if no right-of-way is dedicated ** May be reduced to 25 feet where the unit abuts common or public open space. | |||
§ 88-52.1 PRD-P and PRD Planned Development Districts.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25; 12-12-1995 by Ord. No. 95-16; 8-24-1999 by Ord. No. 99-8; 11-20-2001 by Ord. No. 01-10; 6-8-2010 by Ord. No. 10-08]
A.
Purpose. The purpose of the PRD-P and PRD Districts is to encourage the development of certain large vacant tracts in a manner which incorporates the best features of design and relates the type, design and layout of residential, nonresidential and recreational development to the particular site and, at the same time, to provide the realistic opportunity for lower-income housing to be constructed in accordance with the guidelines set forth in the Mount Laurel II decision. Special standards and procedures applicable to these two districts only are set forth herein to expedite the production of the lower-income housing.
B.
Permitted uses. Permitted uses shall be as follows:
(1)
Principal uses.
(a)
Single-family dwellings in the single-family residential development area of the PRD.
(b)
Multifamily dwellings and townhouses in the multifamily residential development areas of the PRD-P and PRD.
(c)
Two-family dwellings, including both side-by-side-style and duplex-style (one over another) dwellings, in the multifamily residential development areas of the PRD-P and PRD.
(d)
Public or private parks and playgrounds.
(e)
Public or private recreation buildings and facilities.
(f)
Public utilities.
(2)
Accessory uses and structures.
C.
Tract area, development areas, density and bulk requirements.
(2)
Development areas.
(a)
The PRD shall be divided into a single-family residential development area and a multifamily residential development area. The single-family residential development area shall be that area located along, and having a minimum length of 250 feet from, any common boundary with a single-family residential zone in the Town of Clinton.
(b)
The PRD-P shall be divided into a multifamily residential development area and an open space area. The multifamily area shall be the entire portion of the tract located south of Village Road and north of Route 78 and shall include the right-of-way of Village Road. The open space area shall be that portion of the tract lying north of Village Road which shall only be developed for active and passive recreation and which may include parking for park users and stormwater management facilities for the multifamily areas. These two lots shall be considered one tract for the purposes of lot area, open space and density calculations.
(3)
Density.
(a)
Within the PRD, the gross density shall not exceed 7.2 dwelling units per acre. The net density shall be up to three dwelling units per acre for the single-family residential area and up to 10 dwelling units per acre for the multifamily residential area with such net densities computed as averages for the entire single-family residential development area or multifamily residential development area.
(b)
Within the PRD-P, the gross density shall not exceed 3.53 dwelling units per acre where affordable rental units are provided and shall not exceed 2.00 dwelling units per acre where affordable sale units are provided. The net density in the entire multifamily residential area shall not exceed 61 units where affordable rental units are provided or 34 units where affordable sale units are required.
(4)
Bulk requirements, multifamily residential development areas.
(a)
Minimum distances.
[1]
There shall be the following minimum distances between buildings in the multifamily residential development areas of a PUD or PRD:
Type of Structures | Minimum Distance (feet) | ||
|---|---|---|---|
Windowless wall to windowless wall | 20 | ||
Window wall to windowless wall | 20 | ||
Window wall to window wall | |||
Front to front | |||
Building height of up to 30 feet | 50 | ||
Building height of 30 feet or more | 75 | ||
Rear to rear | 50 | ||
End to end | 30 | ||
Any building face to local street curbface or edge of pavement | 30 | ||
Any building face to collector street curbface or edge of pavement | 40 | ||
Any building face to arterial street curbface or edge of pavement | 50 | ||
Any building face except garage face to common parking area | 12 | ||
Garage face to common parking area | 5 | ||
[2]
The Land Use Board shall reduce the above distances by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or buffers are placed between buildings.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Coverage. The maximum coverage by buildings in the multifamily residential development areas shall not exceed 30%. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 60%.
(c)
Buffer areas. No building, driveway or parking area shall be located within 30 feet of any tract boundary line, except that in the PRD-P District, buildings may be located within 20 feet and parking areas may be located within 15 feet of the tract boundary line adjacent to Route 78 or the driveway in Union Gap Village, provided that adequate buffer and noise control can be provided in the reduced space.
(d)
Building height. No building shall exceed three stories in height, nor shall any building exceed 40 feet in height.
(e)
Minimum floor area for individual multifamily units:
Number of Bedrooms | Area (square feet) | |
|---|---|---|
1 | 550 | |
2 | 660 | |
3 | 850 |
(5)
Bulk requirements, single-family residential development area.
(a)
Lot area. No individual lot shall contain less than 7,500 square feet nor have a lot width of less than 75 feet.
(b)
Building setbacks.
[1]
Building setbacks shall be as follows:
Yards | Setback | ||
|---|---|---|---|
Front yard | 30 | ||
Rear yard | 40 | ||
Side yards | |||
Minimum on 1 side | 10 | ||
Combined | 25 | ||
[2]
Where individual lots are not being subdivided, yards shall be created for each building such that a subdivision could occur and all lots and buildings would conform to the area and setback requirements set forth herein.
D.
Parking requirements.
(1)
Parking shall be provided for all residential uses per the Residential Site Improvement Standards (RSIS).
(2)
Parking spaces in common parking areas in the multifamily residential development area shall be located within 300 feet of the dwelling unit served.
(3)
All required parking for multifamily dwelling units shall be provided off-street, except that nothing herein shall be construed to prohibit required parking spaces from being placed perpendicular to a one- or two-way local street or at an angle on a one-way local street, provided that both the pavement width of the street and the length of each parking space meet the requirements set forth in this chapter.
(4)
No arterial or collector street shall provide direct access to an individual required parking space.
E.
Affordable housing requirements.
(1)
All developments in the PRD and PRD-P Zones shall be required to provide affordable housing.
(2)
The total number of affordable units in the PRD Zone shall be 44 to be constructed onsite.
(3)
Development in the PRD-P shall provide a minimum of a twenty-percent affordable housing set-aside.
(4)
All affordable units must comply with Council on Affordable Housing regulations (N.J.A.C. 5:97, or as may be amended) and Uniform Housing Affordability Control rules (N.J.A.C. 5:80-26.1 et seq., or as may be amended), including, but not limited to, phasing, bedroom distribution and income distribution.
(5)
Site design. Within the PRD district, to the extent possible, the design of the development should integrate low- and moderate-income units with the market units. Within the PRD-P district, the design of the development shall integrate low- and moderate-income units with the market units. The affordable units shall be designated on the preliminary site plan, shall have compatible exteriors to the market units and shall be located so that they have comparable access to that of the market units to all common elements within the development.
F.
Common open space and common elements.
(1)
A minimum of 20% of the land in the multifamily residential area in a PRD shall be designated as conservation area, open space, recreation and/or other common open space. A minimum of 60% of the land in a PRD-P shall be open space, including all of the land north of Village Road. The common open space area shall exclude private patios and any area located between a building and street or common parking area.
[Amended 11-20-2001 by Ord. No. 01-10]
(2)
All property owners and tenants in the development shall have the right to use the common open space and any recreational facilities located on the site.
(3)
Common open space may be deeded to the Town, if accepted by the Mayor and Council.
(4)
All common open space not accepted by the Town and all common elements in the development shall be deeded to an open space organization established to own and maintain the common elements as provided in N.J.S.A. 40:55D-43. The open space organization documents shall be submitted to the Town Attorney for review and approval.
G.
Engineering and construction design standards, single- and multifamily residential development areas only. Where applicable, design standards shall comply with the RSIS. The following standards shall apply where the RSIS do not.
(1)
Drainage.
(a)
The drainage system shall be a combination of structural and nonstructural measures of controlling surface runoff.
(b)
The system shall be adequate to carry off the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the lot or tract boundaries in the current state of development. No stormwater runoff 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 private properties or public lands without proper and approved provisions being made for taking care of these conditions.
(c)
Lots and buildings shall be graded to secure proper drainage away from buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow.
(d)
Approval of drainage structures shall be obtained from the appropriate Town, county, state and federal agencies and offices. Where required by the Town, and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Town where a tract or lot is traversed by a system, channel or stream. The drainage right-of-way easement shall follow the lines of such watercourse and be of sufficient width and alignment to encompass the area of the watercourse and adjoining floodplain area.
(2)
Lighting.
(a)
Streetlighting shall be provided at all street intersections and along all collector and local streets, parking areas and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads and traffic safety from glare, reflection and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c)
The average intensity of lighting permitted on roadways shall be as follows: 0.2 footcandle along local streets, 2.0 footcandles at local street intersections, 0.4 footcandle along collector streets and 3.0 footcandles at any intersection involving a collector street.
(d)
Parking lot lighting levels shall not exceed 1.0 footcandles.
(e)
Lighting levels at the tract boundary shall not exceed 0.1 footcandles.
(f)
Light fixtures shall include full-cutoff luminaries and metal halide lights.
(3)
Sanitary sewers. The developer shall design and construct sewage collection facilities in accordance with applicable requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development from said treatment and collection system. The developer shall provide the Land Use Board with a copy of the agreement with the sewer department.
[Amended 12-10-2013 by Ord. No. 13-20]
(5)
Sight triangles. Sight triangle easements shall be dedicated to the Town. No grading, planting or structure shall be erected or maintained more than 24 inches or less than 120 inches above the center-line grade of the intersecting street so that an unobstructed view of the street is maintained. Traffic control devices and other man-made or natural objects may remain within the sight triangle if it can be demonstrated that they do not obstruct the view of oncoming traffic.
(6)
Sidewalks. Sidewalks shall be installed along one or more sides of all public streets and interior drives. Sidewalks need not follow all streets and in some instances may better follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification (where sidewalks parallel streets), access to school bus stops, recreation areas and the general type of improvement intended.
(7)
Water supply.
(a)
Water mains shall be constructed in such a manner as to make adequate water service available to each lot and building within the development. The system shall be designed and constructed in accordance with applicable requirements. Prior to the grant of the preliminary approval, the applicant shall provide the Board with a copy of a letter from the water company indicating that the project will be serviced with public water.
(b)
Fire hydrant type, number and locations shall be approved by the Public Works/Business Administrator with the advice of the chief of the Clinton Fire Company and shall be installed by the developer.
H.
Multifamily residential development area requirements.
(1)
No building or group of attached buildings shall contain more than 24 dwelling units.
(2)
No building shall exceed a length of 220 feet.
(3)
Each dwelling unit shall have at least two exterior exposures with at least one window in each exposure; alternatively, each dwelling unit shall be designed in conformance with the Uniform Construction Code such that either 8% of the floor area of all habitable rooms shall be in windows or the maximum depth of the unit shall not exceed 22 feet.
(4)
No room within a dwelling unit intended for human habitation shall be located in a cellar, basement or attic, except that a cellar or basement may contain a family room or recreation room.
(5)
Accessory buildings shall meet the property line setbacks of the principal buildings.
(6)
The maximum height of an accessory building shall be 16 feet. Recreational buildings and facilities shall be governed by the height limitations for principal buildings.
(7)
Garages may be built into the principal structure or separately constructed as hereinafter provided. Each garage space shall be at least 10 feet in width and 20 feet in depth. Each group of attached garages shall have a joint capacity of not more than 12 automobiles arranged in a row, and there shall be a minimum distance of 10 feet between structures.
(8)
Laundry facilities may be provided in each building.
(9)
One or more completely enclosed but unroofed structure for the collection and storage of solid waste and recycling shall be provided. The system of collecting and storing solid waste shall be approved by the Board of Health. No garbage or other refuse shall be stored or collected except in such approved structures.
(10)
In addition to any storage area contained within the dwelling unit, a minimum of 150 cubic feet of storage space shall be provided for each dwelling unit, which storage area shall be convenient to and accessible from the outside of the building for purposes of storing bicycles, perambulators and similar outside equipment.
(11)
Screening and fencing shall be provided as needed to shield parking areas and other common facilities from the view of adjoining properties and streets.
(12)
Provisions shall be made for the preservation of existing trees and natural features to the extent possible.
(13)
All disturbed areas shall be landscaped. Landscaping shall be provided as follows:
(a)
Shade trees shall be planted along all public and private streets, drives and in common parking areas. Such trees shall be 2 1/2 to three inches in caliper at time of planting and shall be planted 30 feet on center along both sides of all streets and common parking areas. The Land Use Board shall approve the choice of plantings and, in so doing, may rely upon the recommendations of the Shade Tree Commission.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Trees shall be planted between the sidewalk and the cartway of all public streets. Such trees shall comply with the planting standards above.
(c)
Common areas and yards shall be planted with one conifer, six to eight feet high at time of planting, for each dwelling unit; one deciduous tree, 2 1/2 to three inches in caliper, for each two dwelling units; and 10 shrubs, 24 to 30 inches high at time of planting, for each dwelling unit.
(d)
Buffer areas shall be left in a natural state wherever they are outside the limits of disturbance; otherwise, buffer areas shall be planted with conifers, seven to eight feet high at time of planting, 10 feet on center.
(e)
All disturbed areas shall be planted in grass or ground cover.
(f)
All plantings shall be of nursery stock, balled and burlapped, and shall be healthy and free of disease.
§ 88-52.2 AH-1 Affordable Housing District
[Added 3-23-2022 by Ord. No. 22-01]
A.
Purpose. The purpose of the AH-1 Affordable Housing District is to provide opportunity for the development of low- and moderate-income housing that will assist the Town in continuing to meet its constitutional obligation to provide affordable housing.
B.
Permitted uses. Permitted uses shall be as follows:
(2)
Accessory uses and structures.
(a)
Garages as part of the principal structure and off-street parking facilities.
(b)
Carports.
(c)
Solar panels mounted to the roof of a principal building or a carport.
(d)
Storage and maintenance buildings to service a permitted principal use.
(e)
Electric vehicle charging facilities, including all required electrical infrastructure and charging stations.
(f)
Customary accessory structures approved as part of the site plan for the development, including trash enclosures, fences, walls, lampposts, trellises, gardens, ponds, swimming pools for use of residents of the development and the like.
(g)
Signs in accordance with the requirements of this section.
C.
Tract area, development areas, density, and bulk requirements.
(1)
Tract area. The minimum tract area shall be 2.5 acres.
(2)
Density. Any development project shall not exceed a total of 70 age-restricted independent living units and shall include no more than 140 assisted living beds.
(3)
Bulk requirements.
(b)
Coverage. The maximum coverage by buildings shall not exceed 30% of the tract area. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 65% of the tract area.
(c)
Buffer areas. No building, driveway or parking area shall be located within 10 feet of any tract boundary line.
(d)
Building height. No building shall exceed five stories in height, nor shall any building exceed 50 feet in height.
E.
Affordable housing requirements.
(1)
All developments in the AH-1 Affordable Housing District shall be required to provide affordable housing.
(2)
Age-restricted independent living units in the AH-1 shall provide a minimum of 20% of the total units proposed as affordable to low- and moderate-income households.
(3)
A minimum of 10% of the total number of assisted living beds shall be reserved for Medicaid residents per state licensing requirements.
(4)
All affordable units must comply with the Town of Clinton Affordable Housing requirements and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq., or as may be amended), including, but not limited to, phasing, bedroom distribution, and income distribution.
F.
Engineering and construction design standards.
(1)
Drainage.
(a)
The drainage system shall be a combination of structural and nonstructural measures of controlling surface runoff.
(b)
The system shall be adequate to carry and attenuate stormwater which originates not only within the lot or tract boundaries but also that which originates beyond the lot or tract boundaries in the current state of development. No stormwater runoff 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 private properties or public lands without proper and approved provisions being made for taking care of these conditions.
(c)
Lots and buildings shall be graded to secure proper drainage away from buildings. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow.
(d)
All developments shall further comply with the Floodplain Ordinance of the Town of Clinton, as amended and supplemented, and all applicable state and federal regulations.
(2)
Lighting.
(a)
Streetlighting shall be provided at all intersections, parking areas and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs, and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads and traffic safety from glare, reflection and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c)
Parking lot lighting levels shall not exceed one footcandles.
(d)
Lighting levels at the tract boundary shall not exceed 0.1 footcandles.
(e)
Light fixtures shall include full-cutoff luminaries and LED bulbs.
(3)
Sidewalks. Sidewalks shall be installed within the development as needed and where they are best located to serve public safety considering the intensity of development, the probable volume of pedestrian traffic and the general type of improvement intended. Sidewalks shall be provided to West Main Street to connect the development to the existing sidewalk system.
(4)
Water supply.
(a)
The developer shall be responsible for connecting to the public water system, including any upgrades that may be necessary to provide service to the site. Prior to the grant of the preliminary approval, the applicant shall provide the Board with a copy of a letter from the water company indicating that the project will be serviced with public water.
(b)
Fire hydrant type, number and locations shall be approved by the Public Works/Business Administrator with the advice of the Chief of the Clinton Fire Company and shall be installed by the developer.
(5)
Signage. The development shall be permitted one ground sign for site identification not to exceed a total of 32 square feet in area and not more than six feet in height. No building-mounted signage shall be permitted with the exception of the street address.
G.
Independent living unit requirements.
(1)
No building shall exceed a length of 280 feet. Facade articulation shall be provided to avoid long stretches of building wall on a single plane.
(2)
Accessory buildings shall meet the property line setbacks required for principal buildings. Trash enclosures shall be setback a minimum of 30 feet from any property boundary.
(3)
The maximum height of an accessory building shall be 16 feet.
(4)
If provided, garages shall be built into the principal structure.
(5)
Laundry facilities shall be provided either as common areas in the principal building or within each unit.
(6)
One or more completely enclosed but unroofed structure for the collection and storage of solid waste and recycling shall be provided. No garbage or other refuse shall be stored or collected except in such approved structures.
(7)
In addition to any storage area contained within the dwelling unit, a minimum of 150 cubic feet of storage space shall be provided for each dwelling unit, which storage area shall be convenient to and accessible from the outside of the building for purposes of storing bicycles, strollers and similar outside equipment.
(8)
Landscape screening and fencing shall be provided as needed to shield parking areas and other common facilities from the view of adjoining properties and streets.
(9)
Provisions shall be made for the preservation of existing trees and natural features to the greatest extent possible.
(10)
All disturbed areas shall be landscaped. Landscaping shall be provided as follows:
(a)
Shade trees shall be planted along all drives and in common parking areas. Such trees shall be 2 1/2 to three inches in caliper at time of planting and shall be planted 50 feet on center along both sides of all streets and common parking areas. The Land Use Board shall approve the choice of plantings and, in so doing, may rely upon the recommendations of the Shade Tree Commission.
(b)
All required front, side and rear yards shall be left in their natural state and supplemented with additional plantings to provide effective screening to surrounding properties.
(c)
All disturbed areas shall be planted in grass or ground cover.
(d)
All plantings shall be of nursery stock, balled and burlapped, and shall be healthy and free of disease.
§ 88-53 C-1 Downtown Commercial District.
A.
Zone description. The C-1 District encompasses the Town's traditional downtown business district. Buildings are located directly abutting the sidewalk and generally present a continuous street facade, with occasional breaks to provide access to parking and services in the rear. Parking is generally provided either on the street or in common parking lots, and the buildings and signage are oriented to pedestrian traffic.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Stores and shops for retail business, provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided to the ultimate consumer and further provided that not more than five employees are involved in any such process. The foregoing shall not be deemed to include laundries, dry-cleaning establishments and winery, brewery and distillery uses.
[Amended 4-13-2022 by Ord. No. 22-02]
(2)
Offices for business, executive, professional and administrative purposes.
(3)
Restaurants, cafes and taverns in which patrons are seated at tables or counters and are served food and drink by waiters or waitresses for consumption on the premises.
(4)
Studios for art, dancing, music, language, photography, and similar activities.
(5)
Museums.
(6)
Municipal buildings and municipal uses, but not including municipal garages and storage and maintenance yards.
(7)
Apartments, provided that no such apartment shall be located on the first floor.
(8)
Beauty salon, barbershop, day spa.
(9)
Federal reserve banks, commercial banks, savings institutions, credit unions, lending and financing offices, securities brokerage services, portfolio management companies, insurance carrying companies, insurance advisory companies, insurance fund managers, estate management services and similar activities, except drive-up windows for vehicles are not permitted in any such uses.
[Added 8-8-2006 by Ord. No. 06-13]
(10)
Nonprofit clubs, lodges and fraternal, civic and charitable organizations.
[Added 9-8-2021 by Ord. No. 21-21]
(11)
Brewpubs, winery sales rooms, and other winery, craft brewery, cider and meadery, and craft distillery uses conducted under license from the New Jersey Division of Alcoholic Beverage Control and including such facilities for wine, spirit or beer making, tasting rooms and retail sales. To the extent allowed under licensing by the New Jersey Division of Alcoholic Beverage Control, preparation and service of food to patrons seated at tables or counters by waiters or waitresses for consumption on the premises shall be permitted.
[Added 4-13-2022 by Ord. No. 22-02]
[1]
Editor's Note: This ordinance also renumbered former Subsection A as Subsection B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[4]
[4]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
F.
Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
Buildings are to be located directly abutting the sidewalk. Side walls shall either be joined by common walls or end walls enclosing the narrow space between independent walls or they shall be a minimum of 10 feet apart, to allow access to the rear and sides of the buildings.
(2)
Accessways between buildings shall be open to the public and shall be designed and maintained to promote circulation to and from Main Street.
(3)
For buildings fronting on Route 173, where parking is provided in front of buildings and buildings form a fairly continuous line across property boundaries, continuous pedestrian access across the building fronts should be provided.
(4)
Temporary outdoor display of goods shall not impede free movement of pedestrians or the exit of motorists from parked cars. There shall be a minimum of four feet of clear sidewalk width and a minimum of seven feet of headroom maintained at all times.
(5)
Dumpsters shall be located to the rear of the building, to the maximum extent possible; if not possible, they may be located on the side of the building. In either case, any dumpster shall be screened from public view.
(6)
Rear yards may be used for parking, location of dumpster, outdoor space for accessory apartments. Yards that open onto public view shall be kept clean and shall be landscaped to the extent possible to create screening.
(7)
Air conditioner units, vents, exhaust fans, and such shall be located to minimize their impact to upper floor residential units.
§ 88-54 C-2 Transitional Commercial District.
A.
Zone designation. The C-2 District is a transitional area that encompasses an extension of the downtown commercial area along the old Route 22 highway. Lot sizes are larger than downtown and buildings are freestanding with small but varying front and side yard setbacks. Parking is provided on site for individual uses. The buildings are residential in scale, and signage is oriented to low-speed vehicular traffic.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Stores and shops for retail business, provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided to the ultimate consumer and further provided that not more than five employees are involved in any such process. The foregoing shall not be deemed to include laundries or dry-cleaning establishments.
(2)
Offices for business, executive, professional and administrative purposes.
(3)
Restaurants, cafes and taverns in which patrons are seated at tables or counters and are served food and drink by waiters or waitresses for consumption on the premises.
(4)
Funeral homes.
(5)
Studios for art, dancing, music, language, photography, and similar activities.
(6)
Municipal buildings and municipal uses.
[1]
Editor's Note: This ordinance also renumbered former Subsection A as Subsection B.
C.
D.
Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[4]
[Amended 8-10-2004 by Ord. No. 04-07]
[4]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing. The developer of any land in the district may participate in the provisions of lower-income housing. The developer shall be entitled to a density bonus equivalent to 15% of the floor area to which he is otherwise entitled under Schedule I, provided that all parking requirements can be met on the site and the Board approves any variances from setback and buffer requirements needed to accommodate the density bonus, in return for which the developer shall, no later than the time of issuance of a building permit, convey to the Town an amount equal to $3.75 per square foot of gross floor area for all bonus construction. The funds paid to the Town shall be placed into a Housing Rehabilitation, Conversion and Assistance Fund to be administered by the Housing Officer and Affordable Housing Board appointed by the Mayor and Council following administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
F.
Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
Buildings fronting directly on West Main Street shall locate their associated parking to the side or preferably to the rear of the building, to maintain the transitional streetscape from downtown commercial to Town residential.
(2)
On-site parking lots abutting any residential zone shall be located a minimum of 25 feet from the zone line.
(3)
The required setback from any residential zone shall be landscaped to screen residential uses from building and vehicle lights and on-site activities by mixed evergreen landscaping designed to provide 80% opacity by the third growing season. Primary screening material shall have a minimum height of five feet at installation and a minimum height of eight feet at maturity.
(4)
Joint use of driveways is strongly encouraged to reduce the number of conflict points along the street.
(5)
Sidewalks with a minimum width of four feet shall be provided along West Main Street. For properties and uses not abutting West Main Street, sidewalks shall be provided from the street to the use for pedestrian access.
(6)
Dumpsters shall be located to the rear of the building, to the maximum extent possible; if not possible, they may be located on the side of the building. In either case, any dumpster shall be screened from public view.
§ 88-55 C-3 Highway Oriented Commercial District.
A.
Zone description. The C-3 District encompasses the area of the Exit 15 intersection and a small portion of West Main Street. Businesses are largely oriented toward highway services and pass-by traffic. Freestanding buildings provide parking on site. The buildings are residential in scale, and signage is oriented to higher levels of moderate-speed traffic, much of which may be unfamiliar with the area.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Offices for business, executive, professional and administrative purposes.
(2)
Studios for art, dancing, music, language, photography, and similar activities.
(3)
Motor vehicle service stations, which may include a coffee shop (as defined by NAIC Code 722515) as an accessory use, but not a convenience store.
[Amended 3-11-2020 by Ord. No. 20-05]
(4)
Banks and financial institutions.
(5)
Beauty salon, barbershop, day spa.
[1]
Editor's Note: This ordinance also renumbered former Subsection A as Subsection B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[5]
[Amended 8-10-2004 by Ord. No. 04-07]
[5]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
[6]Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
On-site parking lots abutting any residential zone shall be located a minimum of 15 feet from the zone line.
(2)
The required setback from any residential zone shall be landscaped to screen residential uses from building and vehicle lights and on-site activities by mixed evergreen landscaping designed to provide 80% opacity by the third growing season. Primary screening material shall have a minimum height of five feet at installation and a minimum height of 12 feet at maturity.
[Amended 3-11-2020 by Ord. No. 20-05]
(3)
Joint use of driveways is strongly encouraged to reduce the number of conflict points along the street.
(4)
Sidewalks with a minimum width of four feet shall be provided along street frontages.
(5)
Dumpsters shall be located to the rear of the building, to the maximum extent possible; if not possible they may be located on the side of the building. In either case, any dumpster shall be screened from public view.
[6]
Editor's Note: Former Subsection E, Participation in the provision of lower-income housing, was repealed 3-11-2020 by Ord. No. 20-05. This ordinance also redesignated former Subsection F as Subsection E.
§ 88-55.1 C-4 Locally Oriented Commercial District.
[Added 8-10-2004 by Ord. No. 04-07]
A.
Zone description. The C-4 District encompasses the Town's major daily shopping/services district, located along the eastern portion of Route 173. It contains the largest lots for commercial use, with freestanding buildings generally located to the rear of the site behind on-site parking areas, and some limited areas of typical highway strip commercial design. Building design is generally commercial, and uses and site design are highly auto-oriented, generating numerous turning movements at moderate traffic speeds. Signage is oriented to quick identification.
B.
Permitted principal uses. The following uses, conducted within the confines of a building, are permitted:
(1)
Stores and shops for retail business, provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided to the ultimate consumer and further provided that not more than five employees are involved in any such process. The foregoing shall not be deemed to include laundries or dry-cleaning establishments.
(2)
Banks and financial institutions.
(3)
Offices for business, executive, professional and administrative purposes.
(4)
Restaurants, cafes and taverns in which patrons are seated at tables or counters and are served food and drink by waiters or waitresses for consumption on the premises.
(5)
Funeral homes.
(6)
Studios for art, dancing, music, language, photography, and similar activities.
(7)
Indoor theaters.
(8)
Rescue squad buildings and firehouses.
(9)
Laundries and dry-cleaning establishments using nonflammable solvents and employing less than five persons.
(10)
Automobile repair and service garages.
(11)
Food markets.
(12)
Beauty salon, barbershop, day spa.
(13)
Health and fitness center.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.
E.
Design standards.
(1)
On-site parking lots abutting any residential zone shall be located a minimum of 25 feet from the zone line.
(2)
The required setback from any residential zone shall be landscaped to screen residential uses from building and vehicle lights and on-site activities by mixed evergreen landscaping designed to provide 80% capacity by the third growing season. Primary screening material shall have a minimum height of five feet at installation and a minimum height of eight feet at maturity.
(3)
Joint use of driveways is strongly encouraged to reduce the number of conflict points along the street.
(4)
Sidewalks with a minimum width of four feet shall be provided along West Main Street. A walkway shall be provided from the street to the building for pedestrian access. Where parking is provided in front of buildings and buildings form a fairly continuous line across property boundaries, continuous pedestrian access across the building fronts should be provided.
(5)
For properties located on the south side of Highway 173, dumpsters and loading areas shall be located to the rear of the building, to the maximum extent possible, and shall be screened from public view. For properties located on the north side of Highway 173, loading areas, dumpsters, compactors and other noise-generating uses shall be located to the rear or side of a building within a roofed enclosure that completely shields the use/operation from the residential zone to the north.
(6)
HVAC equipment and other noise-generating equipment shall be provided with noise reduction systems that comply with state noise standards. Where such equipment is located on the building roof, it shall be screened from view from any residential zone.
§ 88-55.2 C-5 Route 31 Commercial Zone.
[Added 8-13-2019 by Ord. No. 19-12]
A.
Purpose. The Town hereby establishes the C-5 Route 31 Commercial Zone to comply with the requirements and terms of a settlement agreement entered into on or about October 30, 2018, between the Town and Clinton Moebus 34, LLC. This section creates design and bulk standards to ensure the commercial uses in this zone are developed in a manner that is sensitive to the character of the surrounding area.
B.
Permitted uses. The following are principal permitted uses:
(1)
Stores and shops for retail business, provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided to the ultimate consumer and further provided that not more than five employees are involved in any such process. The foregoing shall not be deemed to include laundries, dry-cleaning establishments or retail stores and shops involved in the preparation and sale of food items.
(2)
Convenience stores with or without the sale of gasoline.
(3)
Food markets or grocery stores.
(4)
Fast food restaurants with drive-through window.
(5)
Banks and financial institutions including drive-through windows or automated teller machines.
(6)
Indoor theaters.
(7)
Health and fitness center.
(8)
Beauty salon, barbershop or day spa.
(9)
Offices for business, executive, professional and administrative purposes.
(10)
Restaurants, cafes and taverns in which patrons are seated at tables or counters and are served food and drink by waiters or waitresses for consumption on the premises.
(11)
Studios for art, dancing, music, language, photography, and similar activities.
(12)
Municipal buildings and municipal uses.
C.
D.
Impervious coverage. Impervious coverage shall not exceed 55%. Provided that there is 45% open space, a pad site may be 100% impervious.
E.
Floor to area ratio. The floor to area ratio shall not exceed 30%.
F.
Setbacks.
(1)
One-hundred-foot side-yard setback from the property boundary for principal buildings; however, parking shall be permitted within 50 feet of the property boundary.
(2)
Fifty-foot front-yard setback from the property boundary for principal buildings; however, parking shall be permitted within five feet of the property boundary along State Route 31 frontage, but shall in no case be any closer than 30 feet to the edge of pavement of State Route 31.
(3)
Fifty-foot rear-yard setback, however, parking shall be permitted within 25 feet of the property boundary.
(4)
Fifteen-foot minimum setback to residential uses that are part of the property from a building. Parking may be located within 10 feet of the internal commercial to residential boundary of the property.
G.
Landscaped buffer. A landscaped buffer and berm between the commercial and residential uses shall be installed to provide year-round screening of buildings, parking, service areas, and roadways from residential neighborhoods. This buffer shall be designed to provide screening with a minimum of 85% opacity within three growing seasons for the first 10 feet of elevation of any building or improvement and seasonal (deciduous) screening with 25% opacity within the first five growing seasons for the second 10 feet of elevation of any building or improvement. If the building is below the final grade, such distance between the grade of the building and the final grade shall be deducted from the height to be screened.
H.
Signs. Compliance with § 88-64 with regard to all sign requirements for the C-3 Zone, except the area of ground signs, is limited to a maximum of 80 square feet, and no such sign shall exceed 15 feet from ground level in height or 8 feet in width.
I.
Lighting and noise. Except as otherwise specifically stated herein, lighting and noise standards shall comply with state standards. HVAC equipment and other noise-generating equipment shall be provided with noise reduction systems that comply with state noise standards. Lighting shall comply with the standards set forth in § 88-44B herein.
§ 88-56 I Industrial Districts.
A.
The following are permitted principal uses:
(1)
Processes of manufacturing, fabrication, assembly, packaging, treatment or conversion of products.
(2)
Scientific or research laboratories devoted to research, testing, design and/or experimentation and processing and fabricating incidental thereto.
(3)
Office buildings for business, professional, executive and administrative purposes.
(4)
Data processing facilities.
(6)
Municipal buildings and municipal uses, including municipal garages and storage and maintenance yards.
(7)
Agricultural uses.
[Amended 3-26-1985 by Ord. No. 85-4]
B.
The following are permitted accessory uses:
(6)
Warehousing, directly related and customarily accessory to the principal use for the storage of any type of goods, materials, products, supplies, or equipment used in connection with the principal permitted use or any products produced in connection with the principal permitted use.
[Added 7-28-2021 by Ord. No. 21-17; amended 12-27-2023 by Ord. No. 23-25]
C.
Conditional uses. The following conditional uses, as regulated in § 88-63, are permitted:
(1)
Buildings and facilities for tennis, squash, handball and similar sports activities.
(2)
Churches and similar places of worship of recognized religious groups, which may include attendant parish houses, convents and religious education buildings.
(3)
Public and private schools teaching academic subjects.
(4)
Public utility buildings, power generating stations and similar utility installations.
D.
Required conditions. Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[3]
[3]
Editor's Note: The Schedule of Zoning Requirements is included at the end of this chapter.
E.
Performance standards. Any building, structure or tract of land developed, constructed or used for any permitted principal or accessory industrial use shall comply with all the performance standards set forth in this section. These performance standards shall apply unless exceeded by any state or federal standards or amendments thereto. If there is any reasonable doubt that the intended use will not conform to any subsection of the performance standards, the Land Use Board shall request a deposit for each subsection in doubt which will be used to defray the cost of a special report by an expert consultant qualified to advise on conformance to the required standard. The amount of the deposit shall be based on a quotation from said expert consultant. Said report shall be made within 30 days of the request and copies supplied to the applicant. If any existing use or building is extended, enlarged or reconstructed, the performance standards shall apply to such extended, enlarged or reconstructed portion or portions of such use or building or structure.
[Amended 8-14-1979 by Ord. No. 79-8; 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 12-10-2013 by Ord. No. 13-20]
(1)
Noise. Measured at the lot line, the sound pressure level of noise emitted by all sources on a single lot shall not exceed the levels tabulated below and corrected for the character of the noise. Measurement shall be made with a sound-level meter corresponding to ANSI standard S1.4 and an octave band filter conforming to ANSI standard Z24.10.
Octave Band Center Frequency (cycles per Second) | Maximum Sound Pressure Level (decibels relative to 0.002 microbars) | |
|---|---|---|
31.5 | 84 | |
63 | 70 | |
125 | 57 | |
250 | 50 | |
500 | 45 | |
1,000 | 41 | |
2,000 | 38 | |
4,000 | 35 | |
8,000 | 32 | |
Character of Noise | Correction (decibels) | |
Nighttime noise (10:00 p.m. to 7:00 a.m.) | - 5 | |
Impulsive noise | - 5 | |
Noise of periodic character | - 5 |
(2)
Smoke. There shall be no emission of smoke or other visible atmospheric pollutant to give a plume equivalent opacity in excess of 15%. Opacity readings may be made visually by a trained observer or by a stack-mounted opacity meter. Steam plumes are exempt from this limit, but steam may not be used to mask other emissions.
(3)
Odor. Emission of odorous matter shall be below odor threshold concentrations at the lot line and at the point of maximum ground level concentration if this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of the granting of use permits, but for an established use the actual detectability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131 (1968); Table III, Chapter 5, of Air Pollution Abatement Manual, Manufacturing Chemists Association, Washington, 1951; and U.S. Bureau of Mines Technical Paper 480 (1930).
(4)
Particulate emissions to the atmosphere.
(a)
Dust, dirt, fly ash and other particulars shall be controlled so that no such emission will cause damage to human health, animals, vegetation or other property or cause any excessive soiling beyond the lot line of the source use. There shall be no emission of any solid or liquid particulate matter in excess of .015 grains dry standard cubic foot of stack gas, corrected to 12% CO2. Particulate emission determinations shall be made according to Environmental Protection Agency Method 5.
(b)
Fugitive dust shall be held to a minimum by use of good housekeeping practices and other appropriate control techniques.
(5)
Noxious gases. Under no circumstances shall any use emit noxious, toxic or corrosive fumes or gases. Reference shall be made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5; of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
(6)
Glare and heat. No industrial uses shall carry on an operation which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property and, further, shall meet the requirements of § 88-44B(1)(g).
(7)
Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the Fire Prevention Code published by the American Insurance Association, 1965, or the Town Building Code or other applicable local ordinance, whichever is more restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of said American Insurance Association. The storage of more than 500 gallons of volatile or flammable liquid above ground is prohibited.
(8)
Liquid and solid wastes. There shall be no discharge at any point of treated or untreated sewage or industrial waste into any stream, lake, reservoir or into the ground of any material which may contaminate the water supply or endanger human health and welfare. No industrial waste shall be discharged into any system, nor shall any wastes be discharged in the public sewer system which are dangerous to the public health and safety.
(a)
Maximum five-day biochemical oxygen demand (BOD): 5.0 parts per million.
(b)
Maximum quantity of effluent: 10% of minimum daily stream flow.
(c)
Maximum five-day biochemical oxygen demand after dilution [biochemical oxygen demand (BOD) of effluent multiplied by quantity of effluent divided by quantity of stream flow]: 0.25 part per million.
(d)
Acidity or alkalinity shall be neutralized to a pH of 7.0 a daily average on a volumetric basis, with a temporary variation of 6.0 to 8.5.
(e)
Wastes shall not contain any insoluble substances in excess of 5,000 parts per million, and no insoluble substances shall be noticeable in the water or deposited along the above or on the aquatic substrata in quantities detrimental to the natural biota.
(f)
Wastes shall contain no cyanides and no halogens.
(g)
Threshold odor number shall not exceed 24° C. to 60° C.
(h)
Wastes shall not exceed the following maximums:
Wastes | Maximum (parts per million) | |
|---|---|---|
Hydrogen sulphide | 10 | |
Sulphur dioxide | 10 | |
Nitrous oxide | 10 | |
Chlorine demand | 15 | |
Phenols | .005 |
(i)
No effluent shall contain any acids, ores, dust, toxic metals or corrosive or other toxic substance in solution or suspension which may cause odors, discolor, poison or otherwise pollute streams and waterways in any way. There shall be no thermal discharges which detrimentally affect the natural aquatic biota or reasonably anticipated reuse of the waters. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
(j)
All methods of sewage and industrial waste treatment and disposal shall be approved by the New Jersey State Department of Environmental Protection and the Hunterdon County Department of Health.
(k)
Any other provision of this chapter notwithstanding, no individual use in the Industrial Zone shall generate a demand for sewage treatment greater than 1,200 gallons per day per acre. The 1,200 gallons per day per acre shall be construed as a maximum for each use and the land committed to that use and not for the zone as a whole.
(9)
Vibration. No activity shall cause or create a steady state or impact vibration at or beyond the lot line causing acceleration in excess of that indicated in the attached figure.[4] The numbers on the ordinate are peak values of sinusoidal accelerations or 1.4 times the root mean square values of random vibrations measured in octave bands. These criteria are for vertical vibrations and are to be reduced by a factor of 1.4 for horizontal vibrations. The ordinate unit, "g," is 9.81 meters per second squared [32.2 feet per second squared].
[4]
Editor's Note: Said figure is on file in the office of the Land Use Board Secretary.
(10)
Radioactivity and electrical disturbance. Radioactivity shall not be entitles to exceed quantities established as safe by the United States Bureau of Standards, as amended from time to time. No electrical disturbances, except from domestic household appliances, shall adversely affect the operation at any point of any equipment other than that of the creator of such disturbance.
(11)
Conformance to state standards. Any operation shall also comply with any applicable state standards and requirements and particularly to the New Jersey Department of Environmental Protection Administrative Code, Title 7, Chapter 27, Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.
(12)
Enforcement of performance standards.
(a)
An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Land Use Board in accordance with Article VI of this chapter. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this section.
(b)
Procedure for enforcement for established industries shall be as follows: If a violation of the performance standards created has occurred, the Zoning Officer shall send a written notice of said violation to the owner(s) of the property by certified mail. The owner(s) shall have 30 days to correct the violation unless, in the opinion of the Zoning Officer, there is an imminent peril to life and property, in which case the violation shall be corrected immediately. Where determinations of violation can be made by the Zoning Officer, using equipment normally available to the Town or otherwise obtainable without extraordinary expense, such determination shall be so made before notice of said violation is issued.
(c)
Where technical complexity or extraordinary expense makes it unreasonable for the Town to maintain the personnel or equipment necessary to make the determination of violation, then the Town shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to the other penalties prescribed by this chapter. If no violation is found, cost of the determination shall be paid entirely by the Town.
F.
Design standards. In addition to compliance with Article VI, Subdivision and Site Plan Review (§§ 88-39 through 88-50), and any other applicable standards, the following requirements shall apply:
[Added 3-11-2020 by Ord. No. 20-06[5]]
(1)
Any development proposed shall provide a minimum buffer of 100 feet along the Lower Landsdown Trail on the east side of the zone district and south of the roadway easement for the sewage treatment plant. Said buffer shall include a berm that is a minimum of eight feet in height graded to be not more than a slope of one foot of vertical rise for each five feet of horizontal run. The berm shall include a flat section not less than 20 feet in width at its highest point to accommodate buffer plantings.
(2)
The buffer and berm required along the Lower Landsdown Trail shall include landscape plantings consisting of a mix of evergreen and deciduous trees as well as evergreen and deciduous shrubs and perennial flowering plants. Landscape planting shall be sufficient to provide year-round screening of any structures and parking areas proposed and shall achieve a minimum of 80% opacity by the end of the third growing season. Native and deer-resistant species shall be utilized to the greatest extent practical.
(3)
Any development proposed shall preserve the area between the Lower Landsdown Trail and the roadway easement for the sewage treatment plant as a buffer. All existing vegetation in this area shall be maintained, with supplemental evergreen trees provided on the west side to provide year-round visual screening of any structures or parking areas proposed.
(4)
All evergreen trees shall be a minimum of eight feet in height and all deciduous trees shall be a minimum caliper of 2 1/2 inches (dbh) at the time of planting.
[5]
Editor's Note: This ordinance also repealed former Subsection F, Participation in the provision of lower-income housing.
§ 88-56.1 MF-1 Multifamily housing zone.
[Added 8-13-2019 by Ord. No. 19-11]
A.
Purpose. The Township hereby establishes the MF-1 Multifamily housing zone to comply with the requirements and terms of a settlement agreement entered into on September 18, 2018, between the Town and Fair Share Housing Center and to address the Town's affordable housing obligation established therein. This section creates design and bulk standards to ensure that multifamily housing in this zone is developed in a manner that is sensitive to the character of the surrounding area.
B.
Minimum lot size: 15 acres.
C.
Permitted uses. The following are principal permitted uses:
(1)
Attached single-family townhouses, meaning a one-family dwelling in a row of three or more such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
(2)
Attached single-family townhouses as defined above, but containing two or more such attached units, limited to a total of two such structures in any development project.
D.
Accessory uses. The following are permitted accessory uses:
(1)
Accessory uses and structures customarily incidental to permitted multifamily residential uses.
(2)
Sewerage and sewage treatment, water, fire protection, stormwater management and other utility facilities.
(5)
Normal residential storage structures in compliance with all size and height requirements set forth in applicable Town ordinances.
(6)
Other normal residential structures such as private swimming pools, fireplaces, trellises, lampposts and the like.
E.
Density. There shall be no more than 56 dwelling units permitted on the property.
F.
Impervious coverage. The impervious coverage for the entire residential tract shall not exceed 35%.
H.
Decks/patios shall be permitted behind each residential unit, extending no more than 10 feet from the rear of the structure. Provided screening criteria set forth in Subsection L herein are met, the deck or patio may extend into a required buffer a distance of no more than seven feet. Second-story decks shall not be permitted.
I.
Maximum building height. No building shall exceed 2 1/2 stories or 35 feet; however, in cases where walkout basements are proposed, the walkout basement shall not be considered a story nor fully included in the calculation of building height. For the purposes of calculating maximum building height, the average grade shall be measured from the midpoint of one side wall to the building wall facing the street line, extended along the wall facing the street line, then extended along the other side wall to its midpoint. In no case shall the building height measured from the lowest point of the finished grade along a walkout basement to a point 1/2 the distance between the top of the uppermost plate and the highest point of the roof exceed 45 feet.
J.
Access to the property shall primarily be through Route 31. Emergency and pedestrian access only can be provided via Central Avenue pursuant to an access easement, which restriction shall be a condition of any subdivision or site plan approval.
K.
An overall theme of design and architectural mode shall be utilized within the development for the purpose of presenting an aesthetically desirable effect.
L.
Mechanical equipment shall be screened from view of public streets and residentially zoned lots. Screening shall consist of plantings, fencing or other material found acceptable by the approving authority.
M.
Landscape buffer requirements. A landscaped buffer and berm between the multifamily residential uses and existing single-family residential uses shall be installed to provide year-round screening of buildings, parking, service areas, and roadways from such residential neighborhoods. This buffer shall be designed to provide screening with a minimum of 85% opacity within three growing seasons for the first 10 feet of elevation of any building or improvement and seasonal (deciduous) screening with 25% opacity within the first five growing seasons for the second 10 feet of elevation of any building or improvement. If the building is below the final grade, such distance between the grade of the building and the final grade shall be deducted from the height to be screened.
N.
Fences. The Land Use Board may require the installation of fencing of not less than four nor more than six feet in height, maintained in good condition, as part of site plan approval in order to effectively screen the property on any side which adjoins or faces premises situated in any residential zone; provided, however, that a screening or hedge or other natural landscaping may be substituted if approved by the Land Use Board.
§ 88-57 OB-1 Office Building Districts.
A.
The following are permitted principal uses:
(1)
Office buildings intended for business, executive, professional and administrative purposes.
(2)
Nonprofit clubs, lodges and fraternal, civic and charitable organizations.
(3)
Municipal buildings and municipal uses, but not including municipal garages and storage and maintenance yards.
(4)
Medical and dental clinics.
[Amended 12-23-2008 by Ord. No. 08-19]
(5)
Nursery schools.
(6)
Funeral homes.
(7)
State-licensed nursing homes.
(8)
Vocation schools and studios for art, dancing, music, languages and photography.
D.
Required conditions. Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[2]
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing. The developer of any land in the district may participate in the provision of lower-income housing. The developer shall be entitled to a density bonus equivalent to 15% of the floor area to which he is otherwise entitled under Schedule I, provided that all parking requirements can be met on the site and the Board approves any variances from setback and buffer requirements needed to accommodate the density bonus, in return for which the developer shall, no later than the time of issuance of a building permit, convey to the Town an amount equal to $3.75 per square foot of gross floor area for all bonus construction. The funds paid to the Town shall be placed into a Housing Rehabilitation, Conversion and Assistance Fund to be administered by the Housing Officer and Affordable Housing Board appointed by the Mayor and Council following administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
§ 88-58 OB-2 Office Building Districts.
A.
The following are permitted principal uses:
[Amended 7-9-1996 by Ord. No. 96-9; 12-23-2008 by Ord. No. 08-19]
(1)
Office buildings for business, professional, executive and administrative purposes.
(2)
Data processing facilities.
(3)
Banks and financial institutions.
(4)
Municipal buildings and municipal uses including a municipal or county library but not including municipal garages and storage and maintenance yards.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[2] In addition, the performance standards contained in § 88-56E shall be complied with.
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing. The developer of any land in the district may participate in the provision of lower-income housing. The developer shall be entitled to a density bonus equivalent to 15% of the floor area to which he is otherwise entitled under Schedule I, provided that all parking requirements can be met on the site and the Board approves any variances from setback and buffer requirements needed to accommodate the density bonus, in return for which the developer shall, no later than the time of issuance of a building permit, convey to the Town an amount equal to $3.75 per square foot of gross floor area for all bonus construction. The funds paid to the Town shall be placed into a Housing Rehabilitation, Conversion and Assistance Fund to be administered by the Housing Officer and Affordable Housing Board appointed by the Mayor and Council following administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
F.
Design of parking areas. The developer of any land in the district may be entitled to an increase of .03 in the allowable floor area ratio (FAR) specified in Schedule I, provided that all parking requirements can be met on the site and that no variances from setback and buffer requirements are needed to accommodate the increased FAR, in exchange for a parking design which minimizes off-site visual impacts through the use of structured parking, walls, berms, landscaping and grade changes by utilizing any one or a combination of the following design features:
[Added 4-14-1987 by Ord. No. 87-7]
(1)
Screening of all parking areas from public view by a landscaped berm of at least four feet in height, which may be used in combination with a solid, decorative masonry wall at least four feet in height at the entrance(s) to the site.
(2)
Location of at least 20% of all required parking spaces or 25% of all constructed parking spaces under or within the principal building.
(3)
Separation of parking spaces into two or more distinct areas with at least 80% of all nonenclosed nonstructured spaces abutting a landscaped island or perimeter area designed to screen the parking spaces from public view.
(4)
Separation of parking areas by grade changes such that at least 50% of the constructed parking spaces or 40% of the required parking spaces are at least four feet below the grade of the street at the curbline.
(6)
Public use of parking areas. The developer of any land in the district which abuts public land other than a street right-of-way on at least two sides may be entitled to an increase of .04 in the allowable floor area ratio (FAR) specified in Schedule I, provided that all parking requirements can be met on the site and that the Board approves any variances from setback and buffer requirements needed to accommodate the density bonus, if a minimum of 40% of all constructed parking spaces are made available to and accepted by the Town for public use during nonbusiness hours. This shall only be available if the property is adjacent to a public use area and is in an area that has a high need for parking.
[Added 4-14-1987 by Ord. No. 87-7]
G.
Computation of density bonuses. The density bonuses permitted in Subsections E, F and G hereinabove may be used simultaneously, provided that they are computed separately using the allowable FAR specified in Schedule I,[3] and further provided that in no event shall the maximum FAR exceed 30% in the OB-2 Zone. The developer must use the density bonus called for in Subsection E prior to using the density bonuses called for in Subsections F and G.
[Added 4-14-1987 by Ord. No. 87-7]
[3]
Editor's Note: the Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
§ 88-58.1 OB-3 Office Building Districts.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for business, professional, executive and administrative purposes.
(2)
Scientific or research laboratories devoted to research, testing, design and/or experimentation and processing and fabricating incidental thereto.
(3)
Data-processing facilities.
(4)
Public and quasi-public open space.
[Added 9-9-2003 by Ord. No. 03-13]
C.
Conditional uses. No conditional uses shall be permitted in this district.
[Amended 9-9-2003 by Ord. No. 03-13]
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with. In addition, the performance standards contained in § 88-56E shall be complied with.[2]
[2]
Editor's Note: The Schedule of Zoning Requirements is included at the end of this chapter.
E.
Specific design standards.
[Amended 9-9-2003 by Ord. No. 03-13]
(1)
Access. Vehicular access shall be limited to Route 31 only. Access for emergency vehicles only may be provided from local streets, if deemed necessary by the local service provider. In which case, such access shall be improved to the minimum standard acceptable for such limited access. Pedestrian access, open to the public and accessible to the river, shall be provided between the OB-3 Zone and Center Street.
(2)
Traffic. A traffic management plan shall be required, including trip-reduction strategies to reduce traffic impact at the critical intersections at Halstead Street and Clinton Point and traffic-calming methods to prevent site traffic from using local streets for access to and from the OB-3 Zone.
(3)
Size and layout of buildings. No single building shall contain more than 1/3 of the allowed FAR. Buildings shall be designed, located and landscaped to minimize their visual appearance to residential neighborhoods, including residences along Halstead Street. Any required service area and/or loading areas shall be located and screened so as not to be visible or audible from any residence within the Town.
(4)
Distance between buildings. The minimum distance between buildings shall be 35 feet where the abutting walls are parallel. This distance may be reduced proportionally as the angle between the abutting building walls increases from 0° to 90°, but in no case shall the distance be reduced below 10 feet.
(5)
Lighting. In addition to the lighting standards in § 88-44B(1)(g), provision shall be made for reduction in the intensity of illumination emanating from onsite buildings when they are not occupied. This may be accomplished by such means as treated window glass, automatic light controls, or timers for building lights.
(6)
Setbacks. No parking shall be allowed in any setback area, except that abutting Route 31, where the parking setback shall be 35 feet. Setback areas shall only be used for landscaping, buffering and berms as detailed below and for recreational paths and fitness trails, river access, passive recreational uses, gazebos, picnic areas and such, which shall be approved by the Board and available to the general public.
(7)
Landscaping and buffering. In addition to any other landscaping requirements, within the setback area, landscaping, buffering and berming shall be installed to provide year-round screening of buildings, parking, service areas, and roadways from residential neighborhoods. This buffer shall be designed to provide screening with a minimum of 85% opacity within three growing seasons for the first 10 feet of elevation of any building or improvement and seasonal (deciduous) screening with 25% opacity within the first five growing seasons for the second 10 feet of elevation of any building or improvement.
§ 88-58.2 OB-4 Office Building Districts.
[Added 9-9-2003 by Ord. No. 03-13]
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for business, professional, executive and administrative purposes.
(2)
Scientific or research laboratories devoted to research, testing, design and/or experimentation and processing and fabricating incidental thereto.
(3)
Data-processing facilities.
(4)
Medical and dental clinics and laboratories.
(5)
Nursery schools and child-care centers.
(6)
Funeral homes.
(7)
Studios for art, dancing, music, languages and photography.
(8)
Hotels.
(9)
Restaurants, cafes and taverns in which patrons are seated at tables or counters and are served food and drink by waiters or waitresses for consumption on the premises.
C.
Conditional uses. No conditional uses shall be permitted in this district.
E.
Buffering. A buffer shall be provided along any common property line with a residential zone. Said buffer shall be a minimum of 75 feet in depth and shall contain berms and landscaping that will provide year-round (evergreen) screening with a minimum of 85% opacity within three growing seasons for the first 10 feet of elevation of any building or improvement and seasonal (deciduous) screening with 25% opacity within the first five growing seasons for the second 10 feet of elevation of any building or improvement.
F.
The layout and design of development within the OB- 4 Zone shall be such as to allow integration with any future nonresidential development which may occur in Block 71.04 in Clinton Township, currently zoned OB-3, for the purpose of providing direct access through the zone to Grey Rock Road and/or Beaver Avenue.
§ 88-59 Flood damage prevention.
[Added 10-22-1996 by Ord. No. 96-11; amended 7-28-2009 by Ord. No. 09-10; 2-22-2023 by Ord. No. 23-05]
A.
Scope and administration.
(1)
Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes), and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Town of Clinton" (hereinafter "these regulations").
(2)
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 88-59B of these regulations.
(3)
Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas designed to:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels and shorelines.
(d)
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with flooding.
(j)
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program for community participation set forth in 44 CFR 59.22.
(4)
Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Town Council of the Town of Clinton administer and enforce the state building codes, the Town of Clinton does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement section, Subsection C(16), of this section.
(6)
Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
(7)
Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance.
(a)
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
(b)
Each day in which a violation of this section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine, except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or, if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(c)
Any person who is convicted of violating this section within one year of the date of a previous violation of the same section and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section but shall be calculated separately from the fine imposed for the violation of this section.
(9)
Solid-waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
(10)
Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
B.
Applicability.
(1)
General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
(2)
Establishment of flood hazard areas. The Town of Clinton was accepted for participation in the National Flood Insurance Program on February 2, 1977. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the Town of Clinton Municipal Building, 43 Leigh Street, Clinton, NJ. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
(a)
Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Hunterdon County, New Jersey (All Jurisdictions)," dated May 2, 2012, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1), whose effective date is September 25, 2009, are hereby adopted by reference.
Table 102.2(1) | ||
|---|---|---|
Map Panel No. | Effective Date | Suffix |
34019C0118 | September 25, 2009 | F |
34019C0119 | September 25, 2009 | F |
(b)
Federal best available information. The Town of Clinton shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2) | |
|---|---|
Map Panel No. | Preliminary Date |
34019C0118G | April 2, 2021 |
(c)
Other best available data. The Town of Clinton shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Town of Clinton. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 88-59B(2)(a) and (b), above. This information shall be used for floodplain regulation purposes only.
(d)
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the Flood Hazard Area Control Act design flood elevation, as defined in § 88-59I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. An FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3) List of State Studied Waters | ||
|---|---|---|
Name of Studied Water | File Name | Map Number |
S Branch Raritan Rv | FHR101118 | SB-17 |
S Branch Raritan Rv | FHR101119 | SB-18 |
Beaver Bk | U0000001 | BE-1 |
S Branch Raritan Rv | U0000106 | SB-5 |
Trib A | U0000134 | UA-1 |
(3)
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 88-59B above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this section. At a minimum, the local design flood elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 88-59B(2) above, plus one foot, or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any undelineated watercourse [where mapping or studies described in § 88-59B(1) and (2) above are not available] that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[1]
A copy of an unexpired NJDEP flood hazard area verification, plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
[2]
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13), plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 88-59E(2)(c).
(c)
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade, plus the depth number specified, plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
(d)
Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
(e)
Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
C.
Duties and powers of the Floodplain Administrator.
(1)
Floodplain Administrator designation. The Town Administrator (or his/her designee) shall be designated the Floodplain Administrator by the Town Council. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
(2)
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 88-59G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 88-59B of these regulations.
(b)
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(c)
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained or developed.
(e)
Review required certifications and documentation specified by these regulations and the Building Code to determine that such certifications and documentations are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 88-59C(16) of these regulations.
(g)
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(h)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 88-59G of these regulations.
(i)
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(j)
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
(k)
Inspect development in accordance with § 88-59F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 88-59G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate boundaries of the Town of Clinton have been modified.
(5)
Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
(6)
Other permits. It shall be the responsibility of the Floodplain Administrator to ensure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
[1]
Editor's Note: Editor's Note: See 33 U.S.C. § 1344.
(7)
Determination of local design flood elevations.
(a)
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
[1]
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
[2]
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
(b)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to § 88-59C(17).
(8)
Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that, upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
(9)
Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.
(10)
Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
(11)
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
(12)
Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
(13)
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
(14)
Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
(15)
Development in riparian zones All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this section. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
(16)
Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
(a)
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 88-59B(2), performed in the floodplain regulated by this section, in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
(d)
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(e)
Notify the applicant, in writing, when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Building Code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the Building Code to the NJDEP Bureau of Flood Engineering.
(17)
Department records. In addition to the requirements of the Building Code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations, including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.
(18)
Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
D.
Permits.
(1)
Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
(2)
Application for permit. The applicant shall file an application, in writing, on a form furnished by the Floodplain Administrator. Such application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
(c)
Indicate the use and occupancy for which the proposed development is intended.
(d)
Be accompanied by a site plan and construction documents as specified in § 88-59E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized agent.
(3)
Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
(4)
Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
(5)
Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas.
(a)
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
[1]
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
[2]
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 88-59E(2).
[3]
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 88-59E(2)(c) of these regulations.
[4]
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide.
[5]
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
[6]
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
[7]
Extent of any proposed alteration of sand dunes.
[8]
Existing and proposed alignment of any proposed alteration of a watercourse.
[9]
Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.
(b)
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
(2)
Information in flood hazard areas without base flood elevations (approximate Zone A).
(a)
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
[1]
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
[2]
Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
[3]
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
(b)
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and paying the processing fees.
(3)
Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
(a)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 88-59E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
(b)
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(c)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 88-59E(4) of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(d)
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A Zones).
(4)
Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
F.
Inspections.
(1)
General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the Building Code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the Building Code or other ordinances shall not be valid.
(2)
Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
(3)
Buildings and structures. The Construction Official shall make, or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
(a)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 88-59O(2) shall be submitted to the Construction Official on an elevation certificate.
(b)
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 88-59O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.
G.
Variances.
(1)
General. The Town of Clinton Land Use Board shall hear and decide requests for variances. The Town of Clinton Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 88-59G(5), the conditions of issuance set forth in § 88-59G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Town of Clinton Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
(2)
Historic structures. A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and Section R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of "historic structure" as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3)
Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
(4)
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 88-59E(3)(a) of these regulations.
(5)
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other lands, resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
(d)
The importance of the services provided by the proposed development to the community.
(e)
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
(f)
The compatibility of the proposed development with existing and anticipated development.
(g)
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(h)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(i)
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
(j)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the Building Code inappropriate.
(b)
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(d)
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e)
Notification to the applicant, in writing, over the signature of the Floodplain Administrator, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
H.
Violations.
(1)
Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the Building Code is presumed to be a violation until such time as that documentation is provided.
(2)
Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code but is regulated by these regulations and that is determined to be a violation.
(3)
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5, as appropriate.
(4)
Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
I. 100-YEAR FLOOD ELEVATION 500-YEAR FLOOD ELEVATION A ZONES ACCESSORY STRUCTURE AGRICULTURAL STRUCTURE AH ZONES ALTERATION OF A WATERCOURSE AO ZONES AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD ASCE 7 ASCE 24 BASE FLOOD ELEVATION (BFE) BASEMENT BEST AVAILABLE FLOOD HAZARD DATA BEST AVAILABLE FLOOD HAZARD DATA AREA BEST AVAILABLE FLOOD HAZARD DATA ELEVATION BREAKAWAY WALLS BUILDING CONDITIONAL LETTER OF MAP REVISION CONDITIONAL LETTER OF MAP REVISION - FILL CRITICAL BUILDING(1) (2) DEVELOPMENT DRY FLOODPROOFING ELEVATED BUILDING ELEVATION CERTIFICATE ENCROACHMENT FEMA PUBLICATIONS FLOOD HAZARD AREA DESIGN FLOOD ELEVATION FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING(1) (a) (b) (c) (2) FLOODPLAIN MANAGEMENT REGULATIONS FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODPROOFING CERTIFICATE FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE HABITABLE BUILDING HARDSHIP HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) LAWFULLY EXISTING(1) (2)
LETTER OF MAP AMENDMENT LETTER OF MAP CHANGE LETTER OF MAP REVISION LETTER OF MAP REVISION - FILL LICENSED DESIGN PROFESSIONAL LICENSED PROFESSIONAL ENGINEER LOCAL DESIGN FLOOD ELEVATION (LDFE) LOWEST ADJACENT GRADE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MARKET VALUE NEW CONSTRUCTION NONRESIDENTIAL ORDINARY MAINTENANCE AND MINOR WORK RECREATIONAL VEHICLE RESIDENTIAL(1) (2) (3) SOLID WASTE DISPOSAL SPECIAL FLOOD HAZARD AREA(1) (2) (3) START OF CONSTRUCTION(1) (2) STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) THIRTY-DAY PERIOD UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES VARIANCE VIOLATION WATER SURFACE ELEVATION WATERCOURSE WET FLOODPROOFING
Definitions. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the base flood elevation.
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year, shown on the Flood Insurance Rate Map (FIRM) as Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances, it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See "special flood hazard area."
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA, which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads, including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for Flood-Resistant Design and Construction, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS) or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
Any area of the building having its floor subgrade (below ground level) on all sides.
The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
The area mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that 1) it allows the free passage of floodwaters, and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents, including ASCE 24.
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 through 7:13-3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from any source. See "flood or flooding."
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multiresidence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a nonhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
As related to § 88-59G of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Town of Clinton Land Use Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA. |
A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision - fill, letters of map revision, letters of map revision-fill, and letters of map amendment are requested through the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of map revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway and may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM), it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
Shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors, or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.
Shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of these regulations.
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: 1) Actual cash value (replacement cost depreciated for age and quality of construction); 2) tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to ensure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
Pursuant to ASCE 24:
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boardinghouses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
The greater of the following:
Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99, or AH;
Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
Riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of special flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change, the start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised, and base flood elevations (BFEs) increase or zones change. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to ensure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this section has been issued.
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations or the flood provisions of the Building Code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.
[2]
Editor's Note: See 16 U.S.C. § 3501 et seq.
J.
Subdivisions and other developments.
(1)
General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to ensure that:
(a)
All such proposals are consistent with the need to minimize flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric and water systems, are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
(2)
Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(a)
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
(b)
Residential building lots shall be provided with adequate buildable area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.
K.
Site improvement.
(1)
Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 88-59E(3)(a) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 88-59E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 88-59O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(3)
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
(4)
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
(5)
Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
(6)
Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
(7)
Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
(8)
Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13, which cover the placement of hazardous substances and solid waste, are met.
L.
Manufactured homes.
(1)
General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
(2)
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 88-59O(2).
(3)
Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood-resistant design and construction.
(4)
Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 88-59O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 88-59O(2) of these regulations.
(a)
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 88-59O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
N.
Tanks. Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
(a)
Be located and constructed to minimize flood damage;
(b)
Meet the limitations of § 88-59E(3)(a) of this section when located in a regulated floodway;
(c)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 88-59B(3);
(d)
Be constructed of flood-damage-resistant materials as described in ASCE 24, Chapter 5;
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 88-59B(3) or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(f)
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(a)
Construction and elevation in A Zones, not including Coastal A Zones.
[1]
No portion of a building is located within a V Zone.
[2]
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
[3]
All new construction and substantial improvement of any habitable building (as defined in § 88-59I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 88-59B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of nonresidential structures shall:
[a]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 88-59B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary facilities, be designed so that, below the local design flood elevation, the structure:
[i]
Meets the requirements of ASCE 24, Chapters 2 and 7; and
[ii]
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
[5]
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
[a]
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
[b]
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters, unless the structure is nonresidential and the requirements of § 88-59O(2)(a)[4][b] are met;
[c]
Be constructed to meet the requirements of ASCE 24, Chapter 2;
[d]
Have openings documented on an elevation certificate; and
[e]
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[ii]
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.
[iii]
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
(3)
Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
(4)
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 88-59E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 88-59G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 88-59E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 88-59E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(a)
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.
(b)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 88-59E(3)(a) of these regulations.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.
(2)
Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
(3)
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 88-59E(3)(a) of these regulations.
Q.
Utility and miscellaneous Group U.
(1)
Utility and miscellaneous Group U. In accordance with Section 312 of the International Building Code, utility and miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
(2)
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 88-59B(3).
(3)
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 88-59B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 88-59O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 88-59B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment shall be elevated to or above the local design flood elevation determined in § 88-59B(3).
(a)
Exception: Electrical systems, equipment and components, and heating, ventilating, air-conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation, in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).
§ 88-59.1 PARD Parks and Recreation District.
[Added 5-23-1989 by Ord. No. 86]
The PARD shall be those areas of the Town of Clinton that are to be and remain permanently protected as parks and recreation areas and are restricted to passive recreational use, that is, maintained in their natural and undisturbed state, unless otherwise specifically designated for active recreational use or to provide for service facilities as hereinafter defined and designated.
A. ACTIVE RECREATIONAL USE PASSIVE RECREATION USE RECREATIONAL SERVICE FACILITIES
Definitions. As used in this section, the following terms shall have the meanings indicated:
Leisure time activity, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields, including, for example:
Any leisure time activity not considered active, including, for example:
Those structures supportive of and accessory to an active or passive recreational use, including, for example:
B.
Designation of uses.
(1)
All lands that are zoned as Parks and Recreation Districts shall be presumed to be for passive recreational use unless or until they or sections of them are specifically designated and developed for active recreational use or for service facilities.
(2)
Within these zoned lands, the location and description of both active recreational use and service facilities shall be made and monitored by the Parks and Playgrounds Commission, reviewed by the Environmental Commission and approved by the Town Council.
(3)
Those areas designated herein that are being used for active recreation and service facilities at the time of the enactment of this section shall remain as active recreational uses or service facilities.
C.
Designation of Parks and Recreation District lands.
(1)
The Zoning District classification of the following areas which are set forth on the latest revision of the Tax Map of the Town of Clinton shall be designated on the Official Zoning Map as PARD Parks and Recreation District:
Block | Lot | Owner - Description | Use |
|---|---|---|---|
1 | 60.01 | Town of Clinton - DeMott Pond | Active and service |
8 | 21 | State of New Jersey - Spruce Run | Passive |
8 | 23 | State of New Jersey - Spruce Run | Passive |
15 | 14 | Hunterdon County - Dunham Park | Passive |
16 | 20.01 | Town of Clinton - Millview Park | Passive and service |
29 | 3 | Town of Clinton - Pond Ridge | Passive |
29 | * | Town of Clinton - Kings Crossing | Active and service |
29 | * | Town of Clinton - Kings Crossing | Active and service |
NOTES: * Lot designations to be made upon filing of subdivision deeds and maps. |
(2)
It is acknowledged that lands owned by the State of New Jersey (Block 8, Lot 21, and Block 16, Lot 23) as well as land owned by Hunterdon County (Block 15, Lot 14) are not subject to this section; and while most of the state-owned lands prohibit trespassing at this time, the county-owned land is currently a park whose use meets the intent of this section. In the future, if any of these lands pass from state or county ownership, all conditions of this section shall apply to such lands.
§ 88-60 General provisions.
A.
Applicability of regulations. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
B.
Provisions applicable to all zones. Each of the subsections and provisions of this section, § 88-60, shall apply to all zone districts unless otherwise stated.
C.
Zoning and building permits.
(1)
No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until a zoning permit, if necessary, and a building permit have been procured. All applications shall be filed in accordance with the Building Code of the Town. The zoning permit shall be issued by the Zoning Officer; the building permit shall be issued by the Construction Official.
[Amended 10-24-2006 by Ord. No. 06-17]
(2)
No zoning or building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this article.
(3)
A record of all applications, plot plans and permits shall be kept by the Construction Official.
(4)
Before a zoning or building permit is issued for a new building or for an extension or relocation of an existing building or before a permit is issued for the installation of any improvements required by this chapter or by a subdivision or site plan approved by the Land Use Board, a licensed engineer or land surveyor shall visibly locate said building or improvements together with the lot lines of the intended site for inspection by the Construction Official. The Construction Official shall ascertain that all requirements of this chapter and/or the approved plot plan are complied with before issuing a building permit.
[Amended 12-10-2013 by Ord. No. 13-20]
(5)
After completion of footings for new buildings, a location survey shall be made by a land surveyor to ascertain the exact location of the structure and driveway in respect to lot lines.
(6)
The Construction Official shall revoke any building permit if he finds that actual conditions or construction does not adhere either to the plans or specifications submitted to him or to any other applicable municipal or state regulations.
D.
Certificates of occupancy.
(1)
No land shall be occupied and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official or, if such be the case, a temporary certificate of occupancy issued pursuant to Subsection D(5).
(2)
A certificate of occupancy shall not be issued until the land, use, building, structure or premises complies with all provisions of this chapter and all other applicable Town and state requirements and, if involved, with such conditions as have been required by any subdivision or site plan approval. When issued, the certificate of occupancy shall state that such compliance has been achieved.
(3)
The certificate of occupancy shall specify the use of land or building and any circumstances or conditions imposed by any public agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, or any additional use will be treated as a new use, and a new certificate of occupancy shall be required. Prior to the issuance of a certificate of occupancy for said change in use, all provisions of this chapter shall be complied with the same as if the new use were a new structure or a new use of land.
(4)
When a building permit is applied for, a certificate of occupancy shall be applied for at the same time and shall be issued within 10 days after the erection or alteration of the building shall have been completed in accordance with Subsection C. A record of all certificates shall be kept on file in the office of the Construction Official, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.
(5)
Where a site plan as required by this chapter has been duly reviewed and approved by the Land Use Board, the erection or alteration of the building shall not be deemed to be completed until all the requirements of the approved plot plan are met. Where weather conditions or other forces beyond the control of the applicant unduly delay the reasonable occupancy of a building under this subsection, the Land Use Board may authorize the issuance of a temporary occupancy permit, provided that the conditions to be met and a termination date for the temporary occupancy are so stated on the temporary occupancy permit. This subsection shall not be construed to authorize the Land Use Board to waive the requirements of any other local, county or state regulations.
[Amended 12-10-2013 by Ord. No. 13-20]
E.
Existing platted lots. Any lot or plot as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this article may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:
(1)
Said lot is in single ownership, as defined in this chapter.
(2)
All yard requirements are complied with, except that where the average lot width is less than its zone district requirements, the side yards may be reduced by the percentage that the lot width bears to the zone district requirements; provided, however, that no side yard shall be less than 1/2 the required side yard.
F.
Subdivision of lot. When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this article. Subdivision shall be effected in accordance with Article VI of this chapter.
G.
Prohibited uses.
[Amended 7-14-2021 by Ord. No. 21-16]
(1)
Any use that is not specifically permitted in a zone district is prohibited.
(2)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service are prohibited in all zoning districts.
H.
Requirements to be met on lot and within zone district. Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located.
I.
Required area or space. No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this article. If already less than the minimum required under this article, said area or dimension shall not be further reduced.
J.
Principal building. Only one principal building may be erected on a lot, except for related buildings forming one principal use in the same ownership and limited to the following:
(1)
Public or institutional building complexes.
(2)
Research, industrial, manufacturing, office or retail shopping complexes.
(3)
Multifamily dwelling complexes.
(4)
Unless otherwise regulated in this article, no principal building shall be located closer to another building than the height of the taller building.
K.
Accessory building. Except as otherwise provided in this article, buildings which are accessory to a principal use or building are permitted in all zones as follows:
(1)
Accessory buildings in residence districts.
(a)
No accessory building shall exceed a height of 15 feet except for accessory buildings used in connection with farming operations, which shall not exceed a height of 35 feet.
(b)
An accessory building shall not be located closer than 10 feet to any other building.
(c)
No accessory building shall be located closer to a street than the principal building. On corner lots, an accessory building shall not be located closer to a side street than the minimum front yard requirement for the adjoining lot.
(d)
An accessory building located in a side yard shall not be closer to the side lot line than the minimum side yard requirement for a principal building. A farm building or an accessory building used on a farm shall not be closer to a side lot line than the height of the building or the minimum side or side yard for a principal building, whichever is greater.
(e)
An accessory building located in a rear yard shall not be located closer than five feet to a side or rear lot line. A farm building or an accessory building used on a farm shall not be closer to a property line than the height of the building or the minimum side or rear yard for a principal building, whichever is greater.
(f)
Accessory buildings shall not occupy more than 30% of the rear yard area.
(2)
Accessory buildings in nonresidential districts. Accessory buildings in nonresidence districts shall meet all the requirements applicable to principal buildings.
L.
Yards. Every lot must provide front, rear and side yards as required by its zone district. All front yards must face upon a dedicated public street or a private street approved by the Land Use Board. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 the difference between the width of the street and said greater width.
[Amended 12-10-2013 by Ord. No. 13-20]
M.
Front yard exceptions.
(1)
Where a lot is situated between two lots, each of which is developed with a principal building which projects beyond the established building line, the minimum front yard requirement of such lot may be the average of the front yards of the existing buildings.
(2)
Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard requirement of such lot may be the average of the front yard of the existing building and the required front yard.
(3)
Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater or less than required, then any new building shall conform with the established alignment.
N.
Corner lot. Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met. On a corner lot, the owner may select any street as the front of the lot, regardless of which direction the building faces. The yard opposite the front of the lot shall be considered the rear yard for purposes of meeting the minimum rear yard requirement.
O.
Height exceptions. The height provisions of this article shall not apply to the erection of farm silos, church spires, belfries, towers designed exclusively for ornamental purposes, chimneys, flues or similar appurtenances. The height provisions of this article shall, moreover, not apply to bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 20% or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than 10 feet and are fully screened. Nothing in this article shall prevent the erection above the height limitation of a parapet wall or corn ice extending above such height limit not more than three feet.
[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25]
P.
Temporary permits for certain transportable structures. No transportable or wheel-based structure or other temporary structure used as an office, storage shed or other use incidental to and in connection with a permitted construction project or building shall be placed on the site unless the Construction Official shall first have issued a temporary permit therefor; such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
Q.
Outdoor storage. In the commercial and industrial districts, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is screened by special planting or a fence as approved by the Land Use Board. No storage area shall be located in a front yard nor in a side yard adjoining a street. Said storage area shall meet the location requirements for accessory buildings. In the office building districts, outdoor storage is prohibited. This shall not be deemed to include display and sale of seasonal farm produce or specifically permitted outdoor uses, the outdoor parking of farm machinery or vehicles in use on a farm or normal outdoor storage, such as storage of firewood, in residential zones.
[Amended 12-10-2013 by Ord. No. 13-20]
R.
Acquisition of right-of-way or land for public use.
[Amended 3-10-1987 by Ord. No. 87-3]
(1)
Whenever additional street right-of-way is obtained by the Town of Clinton or the County of Hunterdon or the State of New Jersey for a road improvement in the Town of Clinton by purchase, donation, dedication, condemnation or other legal means, the required minimum lot area of an existing lot shall be reduced by the same area deeded to the Town, county or state as aforesaid.
(2)
Whenever a portion of a tract of land that is zoned for nonresidential purposes is determined by the Town Council, in consultation with the Land Use Board, to be necessary, usable and desirable for the public good, and such land area comprises 20% or less of the total area of said tract and is proposed to be donated to the Town of Clinton by the owner of the tract, and such donation is accepted by the Town of Clinton for public use, then the permitted level of development on the remainder of the tract in terms of density or floor ratio, as defined herein and in N.J.S.A. 40:55D-4, shall be increased to the extent of the number of units or gross floor area permitted on the donated and accepted land area; provided, however, that all developmental regulations for the applicable zone shall be met on the remainder of the tract.
[Amended 12-10-2013 by Ord. No. 13-20]
S.
Traffic visibility across street corners. On a street corner, a fence, structure or planting over 24 inches in height above the curb or edge of roadway shall not be erected or maintained within a triangle formed by the intersecting street right-of-way lines and a line connecting said right-of-way lines and located 25 feet from their point of intersection.
T.
Commercial vehicles in residence districts. Not more than one commercial vehicle shall be parked or garaged on a lot used for residential purposes. Said vehicle shall be owned, leased or regularly used by a resident of the premises and shall be limited to the single wheel variety. This provision shall not be deemed to limit the number or type of commercial vehicles in use on a farm and in connection with the farming operation conducted on the property.
U.
Storage of recreational equipment and vehicles in residential districts. The outdoor storage or parking in the open in residential districts of recreational equipment and vehicles, such as but not limited to trailers of any kind, boats, pickup coaches and motorized homes, is only permitted subject to the following conditions:
(1)
Any such vehicle or piece of equipment shall be owned or leased by a resident of the premises.
(2)
Any such vehicle or piece of equipment shall be located in a side or rear yard only, but in no event in a side yard adjoining a street.
(3)
Any such vehicle or piece of equipment shall be located so as to meet yard and setback requirements applicable to accessory buildings.
(4)
No such parking or storage shall preempt any required off-street parking area.
(5)
Any such vehicle or piece of equipment shall be screened from view from an adjoining property or street by fencing or dense evergreen planting, except where existing natural screening exists or where topographic conditions would render such screening ineffective.
V.
Public utilities. Nothing in this article shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.
W.
Similar residences. No one-family or two-family dwelling shall be erected on a lot which is located within a distance of 200 feet measured between nearest lot lines on either the same or opposite side of a street, without regard to intervening streets of a lot containing an existing dwelling or a proposed dwelling for which a building permit has been issued, which is excessively similar in design to said other dwelling. A dwelling shall be construed as being excessively similar in design to another dwelling unless it differs in at least three of the following respects, one of which shall include roof design as designated in Subsection W(6) below:
X.
Home occupations. Home occupations are divided into minor and major types, depending on the intensity of use. Home occupations meeting the criteria for minor home occupations shall be classified as such and allowed in all residential zones and in residential uses in nonresidential zones. Home occupations not meeting the criteria for a minor home occupation shall be considered major home occupations. Major home occupations shall be allowed only in residential uses in the C-1 Zone and in dwelling units, exclusive of multifamily units, in the R-3 Zone fronting on West Main Street between the C-1 Zone and the C-3 Zone and in the R-3 Zone fronting on Leigh Street. Both minor and major home occupations shall be subject to the exclusions in Subsection X(3) below.
[Added 6-24-2003 by Ord. No. 03-10]
(1)
Minor home occupation. A minor home occupation shall meet all the criteria in this subsection. Prior to commencement of a minor home occupation, a zoning permit shall be issued by the Zoning Officer, upon proof of compliance with all of these criteria. Failure to meet all the criteria shall result in classification as a major home occupation. The criteria for a minor home occupation are as follows:
(a)
The use shall be conducted entirely within the dwelling unit, shall not employ any person not residing in the dwelling unit, and shall be limited to one home occupation per dwelling unit.
(b)
No more than 50% of any floor or basement area or 250 square feet, whichever is less, of the dwelling unit shall be used for the minor home occupation.
(c)
No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.
(d)
No clients, patrons, or customers may be on the premises for business of professional purposes at any time.
(e)
The residential character of the dwelling shall not be changed.
(f)
The home occupation shall not result in any off-site noise, smoke, odors, particulate emissions, noxious gases, glare, or heat. Any liquid or solid waste shall be consistent with that normally generated by a residential dwelling unit.
(g)
No sign identifying or advertising a minor home occupation shall be permitted.
(h)
Deliveries shall be limited to package services (e.g., United Parcel Service, FedEx) or use of the resident's passenger vehicle.
(i)
No additional off-street parking to accommodate the minor home occupation shall be allowed.
(2)
Major home occupation. A major home occupation shall meet all the criteria within this section and the general provisions of § 88-63, pertaining to conditional uses. Prior to the commencement of any major home occupation, a conditional use permit shall be obtained from the Land Use Board upon site plan review and proof of compliance with all of these criteria. Failure to meet all the criteria shall necessitate a use variance application to the Land Use Board for deviation(s) from a conditional use. The criteria for a major home occupation are as follows:
[Amended 12-10-2013 by Ord. No. 13-20]
(a)
The use shall be conducted entirely within the dwelling unit or an accessory building, excluding garage space, shall employ not more than two persons not residing in the dwelling, and shall be limited to one home occupation per dwelling unit.
(b)
No more than 50% of any floor or basement area or 500 square feet, whichever is less, of the dwelling unit shall be used for the major home occupation. If located in an accessory building, the major home occupation shall not occupy more than 500 square feet of space, exclusive of any garage space. In total, no more than 500 square feet of building space shall be devoted to the home occupation.
(c)
No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.
(d)
The hours of operation shall be limited to 8:00 a.m. to 8:30 p.m., Monday through Saturday. There shall be no Sunday hours.
(e)
The residential character of the dwelling and accessory buildings shall not be changed. The home occupation shall not result in any off-site noise, smoke, odors, particulate emissions, noxious gases, glare, or heat. Any liquid or solid waste shall be consistent with that normally generated by a residential dwelling.
(f)
A sign identifying or advertising a major home occupation shall be permitted in accordance with § 88-64B(2).
(g)
Deliveries shall be limited to package services (e.g., United Parcel Service, FedEx) or use of the resident's passenger vehicle.
(h)
Within the C-1 Zone, parking shall be provided in accordance with the requirements of that zone. Within the R-3 Zones where major home occupations are permitted, parking to accommodate the nonresident employees and visitors may be required on-site, based on site plan review by the Board. Any such parking shall be located to minimize its impact on the residential use and character of the property and shall be screened from adjacent residential dwellings.
(3)
Prohibited home occupations.
(a)
Animal breeding and boarding.
(b)
Barber shops, beauty salons and health spas.
(c)
Bed-and-breakfast accommodations; boarding houses.
(d)
Body piercing and tattooing.
(e)
Medical, chiropractic, dental or veterinarian offices or clinics.
(f)
Motorized vehicle repair, refurbishing or servicing.
(g)
Real estate offices.
(h)
Spray painting and refinishing operations.
(i)
Taxi and limousine services.
(j)
Uses involving hazardous, flammable or explosive materials.
Y.
Accessory apartments. Accessory apartments shall be permitted uses in all residential zoning districts, the C-1, C-2, C-3 and C-4 Zone Districts in accordance to the following.
[Added 7-25-2006 by Ord. No. 06-12]
(1)
The lot shall contain an existing single-family dwelling, having a minimum floor area of 1,600 square feet, or contain an existing commercial building having more than one story.
(2)
The property owner undertaking the creation of the accessory apartment may obtain funding or financing to create the accessory apartment through the program established by the Town for the subsidization of same.
(3)
The bulk requirements of the zone in which the accessory apartment is created shall be met.
(5)
The resulting unit shall be affordable to and shall be occupied by a household qualified as a low- or moderate-income household and shall be regulated as such in accordance with the requirements set forth Article X, except that the unit may be sold or rented without restrictions after only 30 years from the date of initial occupancy.
(6)
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsection Y(5) above.
(7)
Each accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.
(8)
Each accessory apartment shall have a separate door with direct access to the outdoors.
(9)
Each accessory apartment shall be affirmatively marketed to the housing region.
(10)
Except in the C-1 District, a minimum of three parking spaces shall be provided on any lot containing an accessory apartment and the parking space reserved for the accessory apartment shall be accessible directly and not located in front of or behind another space.
(11)
At the request of the applicant, the Land Use Board may exempt the parking area from any of the requirements for site plan approval, provided that the applicant submits, as part of the request for exemption, a drawing indicating any proposed changes to the exterior of the premises. The Board shall take action on the request for exemption within 30 days of the submission of the request.
[Amended 12-10-2013 by Ord. No. 13-20]
(12)
Applicants for the creation of an accessory apartment shall submit the following:
(a)
Floor plan sketch showing the location, size and relation of the accessory apartment to the primary dwelling or use.
(b)
Rough elevations showing the modification of any exterior building facade to which changes are sought.
(c)
A site development sketch showing the location of the existing building, all property lines, proposed addition, if applicable, minimum building setback lines, and any man-made or environmental conditions which might affect construction.
Z.
Wireless telecommunications.
[Added 2-9-2010 by Ord. No. 10-01]
(1)
The purpose of this subsection is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of the Town of Clinton. The goals of this subsection are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(b)
Protect the historic character of the Town;
(c)
Protect the scenic character of the Town's natural areas;
(d)
Encourage the location of towers in specific areas within the Town;
(e)
Minimize the total number of towers throughout the Town;
(f)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(g)
Encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where the adverse impact on the community is minimal;
(h)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;
(i)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(j)
Consider the public health and safety of communication towers; and
(k)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2)
In furtherance of these goals, the Town of Clinton shall give due consideration to the Town of Clinton's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas. This subsection further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local zoning authority to manage with respect to cellular and other wireless telecommunications services and to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This subsection expressly recognizes that the proposed site must be particularly suited (or suitable) for the proposed facility.
(3) ANTENNA APPROVING AUTHORITY BACKHAUL NETWORK CO-LOCATION FAA FCC GUYED HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS STEALTH DESIGN TOWER VIEWSHED
Definitions. As used in this subsection, the following terms shall have the meanings set forth below:
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 communications signals.
The Land Use Board in accordance with applicable Town Code provisions and applicable state and federal law.
[Amended 12-10-2013 by Ord. No. 13-20]
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
The use of wireless telecommunications support facilities by more than one wireless telecommunications provider.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
When referring to a tower or other antenna structure, the distance measured from the lowest finished grade of the base of the tower or other antenna structure to the highest point on the tower or other antenna structure (excluding a lightening rod), including the base pad and any antenna.
Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this subsection, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
The use of man-made trees, clock towers, bell steeples, light poles and other similar alternative-design mounting structures to camouflage and/or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. Guyed towers are not permitted within the Town. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto.
An area of land, water or other physical feature visible from a fixed vantage point.
(4)
Applicability.
(a)
New towers and antennas. All new towers or antennas in the Town of Clinton shall be subject to these regulations, except as noted below.
(b)
Amateur radio station operators/receive-only antennas. This subsection shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(c)
Satellite dish antennas. This subsection shall not govern parabolic receive-only satellite antennas.
(5)
General requirements.
(a)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Town land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.
(b)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(c)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of all existing towers, antennas or sites approved for towers or antennas (both those controlled by the applicant as well as its competitors) that are either within the jurisdiction of the Town of Clinton or within 12 miles of any border of the Town thereof, including specific information about the location, height and design of each tower and the carrier's antennas contained on such towers The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Town of Clinton; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available and/or suitable.
(d)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall be of stealth design as defined herein.
[2]
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
[3]
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
[4]
Lighting. Towers shall not be artificially lit unless required by the FAA. It is the intent of the Town that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen and approved by the approving authority must cause the least disturbance to the surrounding views and to passing birds in flight.
[5]
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Town of Clinton have been obtained, and such owners and/or operators shall file a copy of all required franchises with the Zoning Officer at the time of application.
[6]
No signs, except for safety and warning signs, shall be allowed on an antenna or tower.
[7]
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this subsection.
[8]
Multiple antenna/tower plan. The Town of Clinton encourages and mandates the users of towers and antennas to co-locate antennas where technically and practically feasible. The Town requires that all new towers permit co-location of additional antennas.
(6)
Permitted uses, general. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
(a)
Antennas or towers shall be specifically permitted in the following locations:
[1]
On property owned, leased or otherwise controlled by the Town of Clinton, provided that a license or lease authorizing such antenna or tower has been approved by the Town of Clinton. However, the Town shall, as a condition of such lease, require approval consistent with this subsection from the Town Land Use Board as a condition of said license or lease. The decision to extend such lease to an applicant shall be vested solely with the Town, shall not be governed by this subsection and shall not be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey (N.J.S.A. 40A:11-1 et seq.). The Town, in its absolute discretion, reserves the express right to deny any and/or all use of its property for antennas or towers.
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
In the OB-4 Zone District.
(b)
Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure located in all districts in the Town if:
(7)
Co-location and rebuilt towers.
(a)
Antennas on existing towers consistent with the terms below. As detailed above, an antenna may be attached to an existing tower in all districts and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such co-location is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower unless the approving authority allows reconstruction as a monopole.
[2]
(b)
On-site location:
[1]
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site to within no more than 50 feet of its existing location.
[2]
After a tower is rebuilt to accommodate co-location, only one tower may remain on the site.
[3]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of the required separation distances.
(8)
New tower submission requirements. New towers may be constructed to hold multiple antennas. In addition to any information required for applications for permits pursuant to applicable Town Code provisions and state law, applicants for approval for a tower shall submit the following information to the approving authority:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities) and all properties within the applicable separation distances set forth herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this subsection.
(b)
Legal description of the entire tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential property line, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distance between the proposed tower and the nearest site, structure or building on the State or National Historic Register.
(e)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection Z(5)(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(f)
A landscape plan showing specific landscape materials, including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
(g)
Method of fencing and finished color and, if applicable, the method of camouflage of such fencing.
(h)
A description of compliance with the general requirements subsection and all applicable federal, state or local laws.
(i)
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(j)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Town.
(k)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(l)
A description of the feasible location(s) of future towers or antennas for the applicant within the Town of Clinton based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(m)
A visual study depicting where, within a one-mile radius, any portion of the proposed tower could be seen. This should be documented with photos and scaled photo simulations depicting relevant viewsheds.
(n)
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
(o)
Documentary evidence regarding the need for the tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower at a particular location within the Town. The evidence shall include a radio frequency engineering analysis of the search area for the tower.
(p)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower design, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5]
Documentation that the anticipated fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[a]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[b]
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(9)
Site design standards and bulk requirements.
(a)
Setbacks. The following setback requirements shall apply to all towers.
[1]
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line, road right-of-way and all nonappurtenant buildings.
[2]
Accessory buildings must satisfy the minimum zoning district setback requirements.
[3]
No tower shall exist within required landscape buffer or conservation easement areas.
(b)
Separation. The following separation requirements shall apply to all towers:
[1]
Separation from off-site uses/designated areas. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[2]
Separation requirements for towers shall comply with the minimum standards established in Table 1 below:
Table 1 | ||
|---|---|---|
Off-Site Use/Designated Area | Separation Distance | |
Base of tower to: | ||
Residences, municipal buildings (unless the tower is on the municipal building site), libraries or houses of worship | 300 feet or 300% of the height of the tower, whichever is greater | |
Site, structure or building which is on the State or National Historic Register | 500 feet | |
Vacant residentially zoned land | 300 feet or 300% of the height of the tower, whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | At least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings | |
Public parks and buildings therein, public or private schools and any site designated on the State and/or Federal Register of Historic Sites or in an historic district designated in the Town's Master Plan | 1,750 feet | |
(c)
Separation distances between towers. Separation distances between towers shall be applicable for all proposed towers and shall be measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed/tower. The separation distances (listed in linear feet) shall be as shown in Table 2 below:
Table 2 Separation Distances Between Towers | |||
|---|---|---|---|
Types | |||
Lattice (linear feet) | Monopole 100 Feet or Greater in Height (linear feet) | Monopole Less Than 100 Feet in Height (linear feet) | |
Lattice | 5,000 | 1,500 | 750 |
Monopole 100 feet or greater in height | 1,500 | 1,500 | 750 |
Monopole less than 100 feet | 750 | 750 | 750 |
(d)
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anticlimbing measures.
(e)
Landscaping. The following requirements shall govern the landscaping surrounding towers:
[1]
Tower facilities shall be landscaped when a location out of public view is not possible. A landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
[2]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
[3]
Maintenance requirements. Property owner(s) shall be responsible for landscaping of the property and maintenance of such landscaping.
(g)
Lot size. The minimum lot size for any new tower shall be as required for any development in the zone district in which the proposed tower is to be located.
(10)
Equipment structures and cabinets.
(a)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
[1]
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
[2]
The cabinet or structure shall utilize building materials, colors and a design which is compatible with buildings located within 500 feet of the proposed tower.
[3]
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof total area.
[4]
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(b)
Antennas on towers. For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which it is located.
(c)
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
(11)
Certification requirements; nonrefundable application fees and escrow deposit.
(12)
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed to the extent that the preexisting, nonconforming use or structure protections no longer apply under law may not be rebuilt except in compliance with the provisions of this subsection, including separation provisions.
(13)
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 calendar days of receipt of notice from the Town of Clinton notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within such 90 calendar days shall be grounds for the Town to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 88-60.1 (Reserved) [1]
[1]
Editor's Note: Former § 88-60.1, Growth share provisions, was repealed 3-11-2020 by Ord. No. 20-02.
§ 88-61 Nonconforming buildings and uses.
A.
Continuance of nonconforming use or structure. Any lawful nonconforming use which existed at the time of the passage of this article may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered subject to the following regulations:
(1)
Such building shall in no case be enlarged, unless the use therein is changed to a conforming use; provided, however, that the provisions of this subsection shall not apply to an existing residence located in a nonresidential zone wherein residential uses are prohibited. Such an existing residence may be extended or enlarged, provided that the yard requirements of the residential zone whose minimum lot size requirement most closely approximates the area of the residential lot are met.
(2)
A nonconforming use shall not be extended at the expense of a conforming use.
(3)
A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.
(4)
A nonconforming use shall not be permitted to be changed to another nonconforming use.
(5)
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this article, except such shall not apply to a nonconforming use because of height and area violations.
(6)
A building which is conforming in use but violates the yard setback or height requirements may not be extended within any required yard or setback area nor extended above the height limits of this article.
B.
Restoration of existing buildings. Nothing in this article shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to not further violate the reasons for nonconformity. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.
C.
Completion of existing buildings. Nothing in this article shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and construction diligently prosecuted within 60 days of the date of such permit.
D.
Unlawful use not authorized. Nothing in this article shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this article.
E.
Nonconforming due to reclassification. The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this article or any subsequent change in the regulations of this article.
§ 88-62 Parking and loading.
[Amended 9-9-2003 by Ord. No. 03-13]
A.
Off-street parking requirements. For all new buildings or uses or additions to existing buildings or uses in all zone districts, except the portions of the C-1 Zone described and regulated in Subsection B below, there shall be provided the number of parking spaces required by the specific use as prescribed in the following schedule:
[Amended 12-10-2013 by Ord. No. 13-20]
Uses | Required Parking Space |
|---|---|
One-family dwelling | 2 for each dwelling unit3 |
Two-family dwelling | 3 for each 2 dwelling units1, 3 |
Multifamily dwelling | 5 for each 2 dwelling units1, 2 |
Church, auditorium, theater including school auditorium | 1 for each 3 seating spaces, or equivalent accommodation provided |
Assembly hall, community building, social club, institution | 1 for each 150 square feet of floor area |
Funeral home, mortuary | 10 for each slumber room |
Bank, retail store, shop or similar establishment | 1 for each 180 square feet of retail merchandising or commercial floor area |
Restaurant, eating and drinking place | 1 for each 50 square feet of floor area devoted to patron use |
Business professional and executive office | 1 for each 200 square feet of office area |
Furniture and appliance store, motor vehicle sales, wholesale store, building material store and similar hard goods sales | 1 for each 400 square feet of floor area |
Manufacturing plant, research laboratory, industry | 1 for each 500 square feet of floor area |
Warehouse, storage building | 1 for each 1,000 square feet of floor area |
Hotel | 1 for each room, plus parking for other facilities, e.g., public restaurant |
Data-processing facility | 1 for each 200 square feet of floor area |
Medical and dental clinics | 1 for each 150 square feet of floor area |
Nursery schools, day care | 4 for classroom |
Studios for art, dancing, music, languages, photography | 1 for each employee and student at maximum capacity |
NOTES: 1 Garages may be counted for up to 50% of the required parking. 2 At least one space per dwelling unit shall be in open parking. 3 Not more than 25% of the front yard area shall be used for parking. 4If an applicant requests an increase in the number of parking spaces beyond that required and the number of additional parking spaces exceeds 5% of the required number of spaces, the applicant shall justify the greater need for parking and the Land Use Board must grant specific approval for such an increase. 5Where parking is provided within a nonresidential parking garage, the maximum impervious coverage allowed on site shall be reduced by the area of the under-building parking spaces, calculated as 190 square feet times the number of under-building spaces provided. |
(1)
Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
(2)
Parking space requirements for a use not listed above shall be determined by the Land Use Board on the basis of requirements for similar uses and on the basis of the specific nature of the use. In addition, the Land Use Board shall have the authority to require a greater number of parking spaces than required above or the reservation of area for additional future parking if, due to the nature of the use, a greater number of spaces is likely to be needed now or in the future.
(3)
If it can be clearly demonstrated that because of the peculiar nature of any use, all the required parking is not necessary, the Land Use Board may permit a reduction in the amount of parking area to be paved; provided, however, that the entire required parking area shall be shown on the site plan so that it will be available in the event future conditions should so require.
B.
Downtown parking requirements. Within the area of the C-1 Zone District that lies east of the South Branch of the Raritan River and north of State Route 173, the parking requirements of Subsection A above shall not apply for changes in use. Where a change to the footprint and/or FAR of existing buildings is proposed and parking already exists on site, such changes, shall be designed, to the maximum extent possible, so as not to eliminate existing parking spaces. Nor shall any accessories, such as dumpsters or outdoor storage, occupy existing on-site parking spaces.
C.
Off-street loading requirement. In all districts, except the portions of the C-1 Zone described and regulated in Subsection B above, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space.
E.
Parking and storage of commercial vehicles shall be permitted in the C-1 Zone District, provided that:
[Added 10-14-2020 by Ord. No. 20-20]
(1)
Said vehicles are accessory to and related to the principal use of the property.
(2)
Except while such vehicles are being loaded or unloaded, said vehicles may not be parked or stored unless in designated and properly striped parking spaces not less than 75 feet from a public right-of-way, including sidewalks. Approved commercial uses in existence prior to the adoption of this subsection, October 14, 2020, shall be exempt from the requirement that commercial vehicles shall be stored or parked at least 75 feet from a public right-of-way or sidewalk if such vehicles are parked in properly striped parking spaces.
(3)
Said vehicles are not disabled and are properly registered and insured, unless the same are stored or parked in a wholly enclosed garage or are awaiting repair at a public garage.
(4)
The area in which any such vehicle is to be parked or stored shall not preempt any off-street parking space required to be provided by provision of any other land use ordinance of the Town.
(5)
The parking or storing of such vehicle will not interfere with any site distance requirement.
(6)
No vehicle containing or having displayed upon it any advertising matter intended to promote the interest of any business shall be parked or stored in a parking area serving said business unless it is parked in a side or rear yard of the lot not fronting on a street or in a wholly enclosed garage.
§ 88-63 Conditional uses.
[Amended 8-10-2004 by Ord. No. 04-07; 12-23-2008 by Ord. No. 08-19; 12-10-2013 by Ord. No. 13-20]
Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), the Land Use Board may grant conditional use wherever hereinafter permitted in this article. Application for a conditional use shall be made in accordance with the procedures set forth in Article VI of this article for preliminary subdivision plat and/or site plan approval, and the Land Use Board shall act on the application in accordance with said procedures for preliminary subdivision plat and/or site plan approval. Application for a conditional use shall be granted if the same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In addition to the requirements set forth below, the Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
A.
Places of worship and public and private schools teaching academic subjects.
(2)
There shall be a minimum lot area as required by the zone district or two acres, whichever is larger, and a minimum street frontage of 200 feet.
(3)
All buildings shall be located at least 50 feet from a street, at least 50 feet from a side property line and 75 feet from a rear property line.
(4)
Any property so used shall front on one of the following streets: Center, Leigh, Halstead; Ramsey (service) Roads.
(5)
Off-street parking shall be provided in accordance with § 88-62. All parking areas and driveways shall be located at least 10 feet from a street, property line or building.
(6)
There shall be a minimum distance between buildings of 25 feet, but no less than the height of the shorter building.
(7)
The required setback shall be landscaped to screen residential uses from building and vehicle lights and on-site activities by mixed evergreen landscaping or fencing. Vegetative screening material shall have a minimum height of five feet at installation and a minimum height of eight feet at maturity.
(8)
Building design shall be consistent with the historic character of the Town.
B.
Assisted-living facilities.
(1)
Shared access shall be provided with a minimum of one of the adjacent properties.
(2)
Shared parking shall be provided with a minimum of one of the adjacent properties.
(3)
Barrier-free gardens and courtyards shall be provided internal to the site and shall be surrounded by the building(s), to the extent feasible. The garden shall be consistent with the principles for a healing garden contained in the 2008 Master Plan Land Use Element.
(4)
Sound levels within the interior of the building shall not exceed 52 dBA.
(5)
Sound levels within the barrier-free gardens and courtyards shall not exceed 60 dBA during daytime hours and 55 dBA during evening hours.
§ 88-64 Signs.
[Amended 2-23-1993 by Ord. No. 93-3; 7-25-1995 by Ord. No. 95-10; 6-24-2003 by Ord. No. 03-10; 9-9-2003 by Ord. No. 03-13; 11-22-2005 by Ord. No. 05-15; 10-24-2006 by Ord. No. 06-18; 4-25-2008 by Ord. No. 08-03; 11-25-2008 by Ord. No. 08-08; 10-13-2009 by Ord. No. 09-15]
A.
Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Town as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Town is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Town and promoting its continued well-being, and are intended to:
(1)
Promote the free flow of traffic and protect pedestrians, bicyclists and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting or illegible signs.
(2)
Promote the use of signs that are aesthetically pleasing and of appropriate scale to the building(s) to which they relate.
(3)
Promote the use of signs that are integrated with the surrounding buildings and landscape.
(4)
Promote the use of signs that are compatible with the Town's historic character.
(5)
Provide functional flexibility, encourage variety and create an incentive to relate signage to basic principles of good design.
(6)
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic.
(7)
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs.
(8)
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain.
(9)
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function.
(10)
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites.
(11)
Preserve, conserve, protect and enhance the aesthetic quality and scenic beauty of all districts of the Town.
(12)
Protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness or movement.
(13)
Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods and conforming signs in the area.
(14)
Preserve and enhance the rural and historic character of the Town.
B.
General sign limitations and requirements.
(1)
Exempt signs. The regulations of this § 88-64 do not pertain to the following:
(a)
A statutory sign.
(b)
A traffic control device sign.
(c)
Any sign directed or oriented toward the inside of a stadium or ball field.
(d)
Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.
(e)
Any temporary sign or temporary device utilized to express a noncommercial message that is reactive to a local happening or that expresses a view on a controversial issue, and that is displayed on public property that is a traditional public forum such as a public sidewalk or a public park, provided that the temporary display does not block, or otherwise interfere with, pedestrian or vehicular traffic.
(2)
Permits for signs. Except for signs as permitted in Subsection R below, no sign shall be erected or displayed unless a permit shall have first been obtained from the Zoning Officer.
(3)
The following signs shall be allowed in all zone districts and shall not be subject to the sign regulations for each zone district.
(a)
Temporary safety, traffic, directional and warning signs approved by the governing body or required by the New Jersey Department of Transportation not otherwise exempt as a traffic control device sign.
(b)
Temporary emergency signs and warning signs as may be erected by governmental or public utility employees in carrying out their official work.
(c)
Noncommercial on-site directional signs.
(d)
Signs used on property warning the public against hunting or trespassing thereon.
(e)
Historic markers.
(g)
Any flag or ribbon protected by N.J.S.A. 40:48-2.58.
(h)
Election signs: On any property, one election sign for each candidate and each issue may be displayed as a window sign, an attached sign or as a ground sign not exceeding three square feet in size (sign area). In addition, election signs displayed as ground signs shall not exceed three feet in height and the top of the sign shall not be more than six feet from the ground. An election sign shall be removed within seven calendar days following the election to which it pertains; an election sign not so removed shall be treated as a free expression sign. An election sign is in addition to any other sign permitted under this section.
(i)
Free expression signs: On any property, one free expression sign may be displayed as a window sign, an attached sign or as a ground sign not exceeding three square feet in size (sign area). In addition, free expression signs displayed as ground signs shall not exceed three feet in height, and the top of the sign shall not be more than six feet from the ground. In residential zone districts, an off-site temporary special event sign shall be considered a free expression sign. A free expression sign is in addition to any other sign permitted under this section.
[Amended 11-24-2009 by Ord. No. 09-23]
(4)
The following signs shall be prohibited in all zone districts:
(a)
Moving or rotating signs, including streamers, pennants and similar displays.
(b)
Signs with letters moving or rotating on an electronically controlled screen or similar device.
(c)
Flashing signs.
(d)
Intermittent signs.
(e)
Portable signs.
(f)
Billboards.
(g)
Digital signs, other than LED "Open" signs.
(h)
Snipe signs.
(i)
Signs in the public right-of-way, other than traffic control or warning signs, unless specifically permitted by the Mayor and Council for a public purpose in accordance with Article III of Chapter 122 of the Code of the Town of Clinton and meeting all the requirements herein.
[Amended 9-11-2012 by Ord. No. 12-09]
(5)
Sign illumination:
(a)
Internal illumination shall be prohibited. All signs shall be lit from an exterior source.
(b)
Neon and LED tube lighting, for the use of signs or otherwise, shall be prohibited with the exception of "Open" signs as regulated by Subsection L below.
(c)
No sign shall be lit by means of flashing or intermittent illumination.
(d)
Lights used for the illumination of any sign, whether or not such lights are attached to or separate from the building, shall not project light above the highest elevation of the wall of the building to which the sign is affixed.
(e)
Lights used for the illumination of any signs, with the exception of ground signs, shall be directed downward.
(f)
Any illuminated tubing or strings of lights outlining signs, rooflines, doors, windows or wall edges of any building, except holiday decorations, is prohibited.
(g)
All sign illumination shall be shut off by 11:00 p.m., unless the business which the sign advertises is still open, in which case the illumination shall be shut off within 0.5 hour of the closing of the business.
(6)
Computation of sign area.
(a)
Sign area shall be calculated as the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical or any other shaped sign face, as well as signs composed of individual letters, numerals or other devices, shall be the sum of the area of the smallest area encompassing all of said letters or devices. This shall not be construed to include the supporting members of any sign which are used solely for such purpose.
(b)
For double-faced signs, where the sign faces are back-to-back or where the interior angle formed by the faces is 60° or less, provided that it is a common attached structure, only one sign face shall be measured to determine sign area. Where the two faces are of unequal size, the larger face shall be used to determine the sign area.
(c)
For a double-faced sign that is a common attached structure, where the sign faces are not back-to-back or where the interior angle formed by the faces is greater than 60°, the sign area shall consist of the sum of all sign faces.
(7)
No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.
(8)
No sign shall be erected or located on any public right-of-way, unless specifically permitted by the Council for a public purpose and meeting all constitutional requirements.
(9)
No sign shall be erected on or attached to the roof of a building.
C.
Signs in the residential districts. In the residential districts, only the following signs shall be permitted, with the exception of signs permitted pursuant to Subsection B(3) above:
(1)
One nonilluminated sign, either a wall sign or a ground sign, not exceeding two square feet in area, related to a major home occupation as permitted in the district.
(2)
Approved housing developments containing 10 or more units may display one ground sign at each street entrance to the development, designating only the name of the development, the location, name of the developer and the names of any buildings located therein.
(a)
The maximum area of each sign shall not exceed 20 square feet.
(b)
No such sign, including the uprights or braces to which it is mounted, shall exceed a height of four feet.
(c)
The minimum setback of each ground sign shall be 15 feet.
(d)
The sign shall be constructed of wood or of a synthetic wood product having the appearance of wood.
D.
Signs in the C-1 and C-2 Commercial Zone Districts: Excluding nameplate and directory signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
The total area of such signs shall not exceed 5% of the gross area of the building wall, including window and door area, to which they are attached.
(b)
The total of the width of any one sign shall not exceed 50% of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed three feet.
(f)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward flap of an awning, which is located perpendicular to the street, shall not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted for each building tenant, subject to the following limitations and requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the second story of the building to which it is attached or 20 feet, whichever is less.
(5)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access.
(a)
Said signs shall be located on the same story of the building that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute) of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant shall not exceed 30% of the total available surface area of glass (or similar substitute) in the doors and windows that face a public street or public access and are located on the same story in which the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 50 feet, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is mounted, shall exceed a height of five feet.
(c)
No such sign shall exceed a width of five feet.
(d)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(e)
Said sign shall be at least five feet from a street right-of-way or property line.
(f)
Said sign shall be at least five feet from the nearest building.
(g)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
E.
Signs in the C-3 Commercial Zone District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
The total area of all such signs shall not exceed 5% of the gross area of the building wall, including window and door area, to which they are attached.
(b)
The total of the widths of any one sign shall not exceed 50% of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed four feet.
(f)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward flap of an awning, which is located perpendicular to the street, shall not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted for each building tenant, subject to the following limitations and requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the second story of the building to which it attached or 20 feet, whichever is less.
(5)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access.
(a)
Said signs shall be located on the same story of the building that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute) of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant shall not exceed 30% of the total available surface area of glass (or similar substitute) in the doors and windows that face a public street or public access and are located on the same story in which the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is mounted, shall exceed a height of six feet.
(c)
No such sign shall exceed a width of six feet.
(d)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
F.
Signs in the C-4 Commercial Zone District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
The total area of all such signs shall not exceed 5% of the gross area of the building wall, including window and door area, to which they are attached.
(b)
The total of the widths of any one sign shall not exceed 50% of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed four feet.
(f)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that faces a street or has public access to the establishment which the sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward flap of an awning, which is located perpendicular to the street, shall not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted for each building tenant, subject to the following limitations and requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the second story of the building to which it attached or 20 feet, whichever is less.
(5)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access.
(a)
Said signs shall be located on the same story of the building that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute) of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant shall not exceed 30% of the total available surface area of glass (or similar substitute) in the doors and windows that face a public street or public access and are located on the same story in which the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is mounted, shall exceed a height of six feet.
(c)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(d)
No such sign shall exceed a width of six feet.
(e)
Said sign shall be at least 10 feet from a street right-of-way or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
G.
Signs in the I Industrial District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed a total of more than two signs.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations and requirements.
(a)
A maximum of one wall sign for each building tenant shall be permitted on each wall that faces a public street or has public access to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
The total area of all such signs attached to a building shall not exceed 100 square feet or 10% of the gross area of the building wall to which they are attached, whichever is greater.
(e)
The height of any such signs shall not exceed five feet or 20% of the height of the building wall to which they are attached, whichever is less.
(f)
The total of the widths of any such signs shall not exceed 50% of the width of the building wall to which they are attached.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements.
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is mounted, shall exceed a height of six feet.
(c)
No such sign shall exceed a width of six feet.
(d)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(e)
Said sign shall be located at least 10 feet from a street right-of-way or property line.
(f)
Said sign shall be located at least 50 feet from the point of intersection of any two street lines.
H.
Signs in the OB-1 Office Building District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations and requirements:
(a)
A maximum of one wall sign for each building tenant shall be permitted on each wall that faces a public street or has public access to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
The height of any such sign shall not exceed four feet.
(e)
The total of the widths of all such signs shall not exceed 25% of the width of the building wall to which they are attached.
(f)
The total area of any such signs shall not exceed 5% of the gross area of the building wall, including window and door area, to which they are attached or 50 square feet, whichever is less.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No sign shall cover a building's architectural features.
(3)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on each window or door that faces a public street or public access, provided said window(s) or door(s) are located on the same story that the building tenant which is being advertised is located.
(a)
Permanent and temporary window signs may consist of no more 30% of the total area consisting of glass (or similar substitute) in a window(s) or door(s) that faces a public street or public access and is located on the same story that the business which is being advertised is located.
(b)
Notwithstanding the above, permanent and temporary window signs shall not consist of more than 50% of any window area or area of a door consisting of glass (or similar substitute to which the sign is attached.
(4)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
Said sign, including the uprights or braces to which it is mounted, shall not exceed a height of six feet.
(c)
Said sign shall not exceed a maximum width of six feet.
(d)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
I.
Signs in the OB-2 Office Building District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations and requirements.
(a)
A maximum of one wall sign for each building tenant shall be permitted on each wall that faces a public street or has public access to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the ground level or sidewalk below the sign.
(d)
The height of any such sign shall not exceed three feet.
(e)
The total of the widths of all such signs shall not exceed 25% of the width of the building wall to which they are attached.
(f)
The total area of all such signs shall not exceed 5% of the gross area of the building wall to which they are attached, including window and door area, or 50 square feet, whichever is less.
(g)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Window signs. Subject to the following limitations and requirements, permanent and temporary window signs shall be permitted on or in the glass (or similar substitute) surface of each window or door that faces a public street or public access.
(a)
Said signs shall be located on the same story of the building that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute) of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant shall not exceed 30% of the total available surface area of glass (or similar substitute) in the doors and windows that face a public street or public access and are located on the same story in which the business is located.
(4)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign and the finished grade.
(b)
Said sign, including the uprights or braces to which it is mounted, shall not exceed a height of four feet.
(c)
Said sign shall not exceed a width of four feet.
(d)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
J.
Signs in the OB-3 and OB-4 Office Building District:
(1)
Nameplate and directory signs. Nameplate signs shall be permitted where there is one building tenant in the building. Directory signs shall be permitted where there are multiple building tenants in the building.
(a)
One nameplate sign, provided that the sign does not exceed 72 square inches in total area, shall be permitted for each public access to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight square feet, shall be permitted for each public access to the establishment which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations and requirements:
(a)
A maximum of one wall sign shall be permitted on each building wall that faces a public street or has public access to the establishment which it advertises.
(b)
No such sign shall project more than six inches from the face of the building wall to which it is attached.
(c)
Sign area shall not exceed 100 square feet or 10% of the gross area of the building wall, including window and door area, to which it is attached, whichever is less.
(d)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(e)
No sign shall cover a building's architectural features.
(3)
Ground signs. One ground sign shall be permitted on lots that meet a minimum required street frontage of 150 feet, subject to the following limitations and requirements:
(a)
Any sign facing a local road shall comply with the ground sign regulations of the OB-2 Zone District contained in § 88-64I(4) of the Land Use Code of the Town of Clinton.
(b)
Said sign shall not have an open area in excess of three feet below the sign.
(c)
Said sign, including the uprights or braces to which it is mounted, shall not exceed a maximum height of 15 feet.
(d)
The area of the sign shall not exceed 100 square feet.
(e)
Ground signs shall have either a solid base with a width equal to the sign's total width or two supports on either ends of the sign. Ground signs shall not have a single support that is less than 50% of the total sign width.
(f)
Said sign shall be located at least 30 feet from the street right-of-way or property line.
K.
Signs for motor vehicle service stations. Notwithstanding the foregoing limitations and requirements, motor vehicle service stations may display only the following signs:
(1)
Ground signs. One ground sign shall be permitted, subject to the following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet below the sign.
(b)
Said sign shall not exceed 30 square feet in area on each side.
(c)
Said sign, including the uprights or braces to which it is mounted, shall not exceed a height of 15 feet.
(d)
Said sign shall be at least 50 feet from the point of intersection of any two street lines.
(2)
Directional signs or lettering displayed on the building wall over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty" or other similar phrases, subject to the following:
(a)
Not more than one such sign shall be located over each entrance or bay.
(b)
The letters shall not exceed 12 inches in height.
(c)
The letters shall be limited to a single line.
(d)
All such signs shall not project more than six inches from the face of the building to which they are attached.
(e)
No wall sign shall extend beyond the limits of the building wall to which it is attached.
(f)
No sign shall cover a building's architectural features.
(3)
Signs shall not be permitted on the canopy of the motor vehicle service station.
L.
Neon and LED "Open" signs.
(1)
Neon and LED tube lighting shall only be permitted for "Open" signs. Said lighting shall only be used to illuminate the word "Open" and, if desired, a full or partial border around the word. Said lighting shall not be used for advertising the business name or products or services sold by the business.
(2)
Said signs shall only be placed in a first-story window or door.
(3)
The maximum size of said signs shall be 10 inches by 24 inches.
(4)
Said sign shall contribute toward the permitted window sign area.
(5)
One sign shall be permitted at each public access to the establishment which the sign advertises.
(6)
Said signs shall only be permitted on properties located within the C-3 or C-4 Zone District.
(7)
Said signs shall only be illuminated during the business hours of the establishment which the sign advertises.
M.
Flags.
(1)
The height of a flagpole in all zone districts shall not exceed the height of the principle building on the lot.
(2)
Lights used for the illumination of a flag, in all zone districts, shall be shut off during the times the flag is not flying, and any glare from the light fixtures illuminating the flag shall be shielded from view from all neighboring properties.
N.
Temporary signs.
(1)
No temporary signs shall be displayed anywhere in the Town of Clinton except as regulated by § 88-64.
(2)
Election signs are permitted as described in § 88-64(B)(3)(h) above.
(3)
Free expression signs are permitted as described in § 88-64(B)(3)(i) above.
(4)
On-site temporary signs, other than election signs allowed pursuant to Subsection N(2) above or free expression signs allowed pursuant to Subsection N(3) above, are allowed subject to the following requirements.
(a)
On-site temporary ground signs for any residential subdivision advertising lots or units for sale which have been approved by the Land Use Board shall be allowed subject to the following requirements:
[Amended 12-10-2013 by Ord. No. 13-20]
[1]
No more than two signs shall be allowed.
[2]
The minimum setback to any public right-of-way or lot line shall be 15 feet.
[3]
The maximum size of each sign shall be 24 square feet.
[4]
Any such sign shall be removed within seven days after 80% of the lots in the subdivision have been either sold or a residence built thereon.
(b)
The following maximum number of on-site temporary signs shall apply, with the exception of those regulated by Subsection N(2), (3) and (4)(a) above:
[Amended 11-24-2009 by Ord. No. 09-23]
[1]
One construction sign per lot for each contractor which shall be removed within seven days after the services are completed.
[2]
One real estate sign which shall be removed within seven days after the sale or rental of the building or property.
[3]
One garage sale sign which shall not be displayed more than seven days prior to the sale and shall be removed no later than the day following the conclusion of the sale.
(5)
Standing signs.
(a)
Standing signs shall only be permitted for business tenants in the C-1 Zone District.
(b)
No more than one standing sign shall be permitted per building tenant.
(c)
Said sign shall be located within six inches of the building in which the building tenant it is advertising is located.
(d)
Standing signs shall not be placed where pedestrian traffic will be impeded. Said sign shall only be permitted where a minimum of four feet of unimpeded, or clear, sidewalk area will remain.
(e)
The minimum distance between standing signs shall be 10 feet.
(f)
The maximum dimensions of said sign shall be three feet in height and two feet in width.
(g)
Said signs shall be constructed of wood or of a synthetic wood product having the appearance of wood and can have an erasable inner surface consisting of chalkboard or a dry-erase marker board.
(h)
Individual movable letters shall not be permitted.
(i)
Said sign shall not be illuminated.
(j)
Said sign shall only be located on the sidewalk during the hours when the building tenant the sign advertises is open for business.
(k)
No permit shall be issued unless the business tenant requesting the permit agrees to indemnify the Town from any claims brought against it by a third party and agrees to name the Town as an additional insured party in the licensee's insurance policy.
(6)
Off-site temporary signs subject to the following requirements.
(b)
Off-site temporary special event signs shall be allowed subject to the following content-neutral criteria:
[1]
A permit allowing off-site temporary signs announcing any special event in Hunterdon County shall be granted by the Zoning Officer, subject to the following:
[Amended 11-24-2009 by Ord. No. 09-23]
[a]
Permission to locate the sign must be obtained from the property owner of the property on which the sign is located.
[b]
The property on which the sign is to be located is in the commercial, industrial or office zone districts.
[d]
Any such sign must be removed within seven days of the date of the special event advertised.
[e]
Such signs shall not exceed six square feet in size.
[2]
The Zoning Officer shall grant the permit, provided that:
[a]
The sign is an otherwise lawful sign and will not conflict with the principal use of the site or adjoining sites.
[b]
The sign will not interfere with pedestrian or traffic visibility, and the sign will not conceal or obstruct adjacent land uses.
[c]
The sign will not interfere with usage of roads and sidewalks.
[d]
The sign will not present a danger to the public.
[3]
Approval or disapproval for special event signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) in such signs.
[4]
Off-site temporary special event signs in residential zone districts shall be allowed as free expression signs under § 88-64(B)(3)(i), except that such signs shall be removed within seven calendar days of the date of the special event advertised.
[Amended 11-24-2009 by Ord. No. 09-23]
O.
Administration.
(1)
Application for permanent and temporary sign permits. An applicant for a sign shall file with the Zoning Officer a sign permit application that includes the following information:
(a)
An application for a sign permit.
(b)
The name and contact information for the applicant.
(c)
The name and address of the owner of the property on which the sign is proposed.
(d)
The name and address of the person or entity erecting the sign.
(e)
The lot, block and street address of the property on which the sign is proposed.
(f)
The zoning district in which the sign is proposed.
(g)
A site plan sketch or map of the property showing the location of buildings, existing signs and the proposed sign and the proposed method of installation.
(h)
A sketch or other depiction of the graphics of the proposed sign.
(i)
As applicable, dimensions of the proposed sign and the wall on which the sign is to be mounted, such that compliance with this section of the Land Use Code can be determined.
(j)
Any other information necessary to determine compliance with this section of the Town's Land Use Code, as determined by the Zoning Officer.
(2)
Application for window sign(s).
(a)
One sign permit may be granted for up to the maximum permitted window sign area, including temporary and permanent signs. The Zoning Officer shall have the authority to issue one sign permit for the entirety of the window sign area permitted.
(b)
Applicants for window signs shall be subject to the limitations and requirements for obtaining a sign permit.
(3)
Approval process.
(a)
Application for sign permits shall be made by the owner of the premises and the person responsible for the erection of the sign, and both shall be responsible for compliance with the terms as herein set forth.
(b)
An applicant shall deliver a sign permit application for a sign to the Town's Zoning Officer, or his or her designee, or such other person as designated by the Town. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed granted if for a temporary sign; however, the application shall be deemed denied if the application is for a permanent sign or a prohibited sign, and the applicant may appeal to the Land Use Board pursuant to the Municipal Land Use Law.[1]
[Amended 12-10-2013 by Ord. No. 13-20]
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
P.
Duration of permit. If the work authorized under a sign permit has not been completed within one year after the date of issuance, the permit shall become null and void.
Q.
Fees.
(1)
No fee shall be required for signs in connection with buildings used exclusively by federal, state, county and local government for public purposes.
(2)
The fee for each application for a permanent sign shall be $3 per square foot of surface area of one side of the sign or $50 whichever is greater. No fee shall be required until the application has been approved; no fee shall be required for denied applications.
(3)
No fee shall be required for temporary signs except as provided in Subsection Q(4) of this section.
(4)
The cost of the permit for a standing sign shall be $40.
R.
Exemptions. The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition.
[Amended 11-24-2009 by Ord. No. 09-23]
(1)
Temporary safety, traffic, directional and warning signs approved by the governing body or required by the New Jersey Department of Transportation not otherwise exempt as traffic control device signs.
(2)
Temporary emergency signs and warning signs as may be erected by governmental or public utility employees in carrying out their official work.
(3)
Noncommercial on-site directional signs.
(4)
Signs used on property warning the public against hunting or trespassing thereon.
(5)
Historic markers.
(6)
Election signs.
(7)
Free expression signs.
(8)
Off-site temporary directional open house signs as permitted by § 88-64(N)(6)(a).
(9)
Real estate signs as permitted by § 88-64(N)(4)(b)(2).
(10)
Construction signs as permitted by § 88-64(N)(4)(b)(1).
(11)
Garage sale signs as permitted by § 88-64(N)(4)(b)(3).
(12)
Signs in or over the public right-of-way as permitted by § 88-64B(4)(i).
[Added 9-11-2012 by Ord. No. 12-09]
S.
Unsafe signs.
(1)
Whenever, in the opinion of the Code Enforcement Officer or Zoning Officer, any sign becomes unsafe or endangers the safety of a building or premises or endangers the public safety, the Code Enforcement Officer or Zoning Officer shall send a registered letter to the owner of the sign or the owner of the premises on which the sign is located, ordering that the sign be made safe or removed within 10 days of receipt of the letter. If the permittee fails to remove, alter or repair said sign within 10 days after said registered letter, the sign may be removed, altered or repaired, in order to comply, by the Zoning Officer, at the expense of the permittee or owner of the property upon which it is located.
(2)
The Code Enforcement Officer or Zoning Officer may cause any sign or sign structure to be removed or repaired summarily and without written notice if it is an immediate peril to persons or property by virtue of its construction or moorings.
T.
Obsolete signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted, a product sold or is not used for a permitted use hereunder shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land upon which such sign may be found within 10 days after written notification from the Code Enforcement Officer or Zoning Officer.
U.
Abandoned signs. The failure to keep a nonconforming sign painted or in good repair for a period of six months shall constitute abandonment, and such sign may not be reused and must be removed. Said sign shall be repainted or repaired as necessary within 10 days after written notification from the Code Enforcement Officer or Zoning Officer.
V.
Enforcement and penalties. The Code Enforcement Officer or Zoning Officer shall be the enforcing official of this section and enforcement shall be governed by this Code, except that imprisonment shall not be a penalty for a violation of this section. The Town of Clinton Police Department is given the authority, in addition to the Code Enforcement Officer and Zoning Officer, to enforce the limitations and requirements of this subsection relating to temporary signs. In addition, the following provisions shall apply:
(1)
When a temporary sign is erected or posted on public property in violation of this section the same shall be considered litter and may be removed at any time by any person.
(2)
Any sign erected or maintained in violation of this section shall be brought into conformity with this section or taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land upon which such sign may be found within 10 days after written notification of the violation from the Code Enforcement Officer or Zoning Officer.
(3)
Any person, association or corporation installing any sign without being properly licensed therefor or who or which shall violate any of the other terms and regulations of this section of the Land Use Code shall, upon conviction, be fined no less than $50 nor more than $500 for each violation. Each day that such installation of any temporary or permanent sign shall continue without being duly licensed shall be considered a separate violation.
W.
Appeals to the Land Use Board. Whenever it is alleged that there has been an error in any order, action, decision, determination or requirement by an administrative official in the enforcement and application of any provision contained within this section pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Land Use Board in accordance with the Municipal Land Use Law.[2] The appellate decisions of the Land Use Board shall be deemed final, subject to judicial review as provided by law.
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
X.
Severability.
[Added 11-24-2009 by Ord. No. 09-23]
(1)
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 88-64 is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements or otherwise.
(2)
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in § 88-64, or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under § 88-64B(4).
§ 88-64.2 Carbonate Area District (CAD).
[Added 8-26-2008 by Ord. No. 08-12]
A.
Purpose. Areas within the municipality are underlain by carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as "karst." These conditions make such areas potentially unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, stormwater detention or retention basins, water quality basins, or similar drainage facilities or increased loads from site improvements can lead to land subsidence and sinkholes. Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock. Carbonate aquifers are an important source of groundwater in the municipality. The Town of Clinton relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this chapter are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of carbonate rock geology, thus protecting the public health, safety and welfare and ensuring orderly development within the municipality.
B.
Disclaimer.
(1)
In limestone areas, the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result or changes in drainage and grading, and the contamination of ground and surface waters. The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations, as contained in the Clinton Town Carbonate Area District Ordinance herein, shall create no liability on behalf of the municipality, the Town engineer, the Town geologist, municipal employees, or municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity.
(2)
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner shall always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.
C.
Applicability.
(1)
The provisions of this chapter shall be applicable to all development activities in the Carbonate Area District requiring subdivision approval, site plan approval or a building permit for new construction; including single-family detached dwellings; nothing in this section shall be applicable to developments for which preliminary or final site plan or subdivision approval was granted prior to the date of adoption of this section.
(2)
A waiver from the requirements of this section can be requested from the Town Zoning Officer in consultation with the Town Geologist and Town Engineer for the following:
[Amended 8-11-2009 by Ord. No. 09-12]
(a)
Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, and/or additions over 1,000 square feet to an existing single-family home in which they reside, within the Carbonate Drainage Area and 1,000 feet or more from the boundary with the Carbonate Rock District as determined from the 1966 United States Geologic Service (USGS) “Bedrock Geologic Map of Northern New Jersey” or more recent bedrock geologic map depicting Clinton Town. All requirements of this section can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that postconstruction stormwater discharges are less than or equal to preconstruction stormwater discharges and that these plans and measures receive the approval of the Town Engineer.
(b)
Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, and/or additions over 1,000 square feet to an existing single-family home in which they reside within the Carbonate Rock District or within the Carbonate Drainage Area and within 1,000 feet of the boundary with the Carbonate Rock District as determined from the 1966 USGS “Bedrock Geologic Map of Northern New Jersey” or more recent bedrock geologic map depicting Clinton Town. All requirements of this section can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that postconstruction stormwater discharges are less than or equal to preconstruction stormwater discharges and that these plans and measures receive the approval of the Town Engineer. In addition, the applicant must complete a waiver application request acknowledging all disclaimers per § 88-64.2B herein.
D.
District identification.
(1)
Carbonate Area District (CAD). The Carbonate Area District is hereby created and shall be any area identified as such upon the Town of Clinton Zoning Map. The district shall be constituted as secondary, or as an "overlay," to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the CAD shall be in addition to those requirements governing the existing zoning district. The Carbonate Area District shall contain two areas, which shall be known as the "Carbonate Rock District," and the "Carbonate Drainage Area."
(2)
Carbonate Rock District (CRD). The Carbonate Rock District is composed of those areas of the municipality underlain by carbonate rocks. The geologic mapping utilized to prepare the CRD overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone may exist in the Town of Clinton. Therefore, the provisions of this chapter may be applied to any development, which, in the opinion of the Town of Clinton, is located in an area underlain by carbonate rock. The CRD map shall be updated as information is developed through the application of this chapter.
(3)
Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall consist of all lands which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from land upslope of the Carbonate Rock District can adversely affect the CRD. Therefore, development activities in the CDA, which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRD, shall be subject to the requirements of this chapter.
E.
Performance standards for CRD. The following performance standards shall be applicable to development activities occurring in the Carbonate Rock District:
(1)
The location of all sinkholes, disappearing streams, or other karst features identified during the geologic investigation program and shown on documents submitted under the Phase I and/or Phase II checklist shall be drawn on all final plats. The plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All final subdivision deeds shall contain the following wording:
"Block XX, Lot XX, is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock. | |
In limestone areas, the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters. | |
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of the Clinton Town Carbonate Area District Ordinance shall create no liability on behalf of the municipality, the Town Engineer, the Town geologist, municipal employees, municipal officials, or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants, and employees assume no liability for any financial or other damages which may result from sinkhole activity. | |
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. | |
The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials." |
(2)
The design and construction of the improvements listed in Table 1[1] shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and groundwater resources.
(a)
Carbonate formations present complex design and engineering challenges. As a result, the provisions of Table 1 were developed to provide an outline of design concerns which apply to different construction activities. Table 1 also provides rudimentary suggestions as to current engineering and geologic procedures, and minimum standards that might be useful to those using this Section. None of the items is intended to preclude the application of judgment, innovation and experience. Table 1 represents the best technical judgment available at this time. As a municipality gains experience with the carbonate chapter and the local geologic conditions, both the level of review and the scope of Table 1 may be evaluated.
(b)
A number of "testing" procedures are presented in Table 1. These include direct methods, such as site reconnaissance, test pits, test probes and test borings. These direct methods are essentially those procedures which allow the investigator to physically see or sample some of the geologic parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.
(c)
Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures, one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features, which may be of great significance to the project design.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(3)
Direct methods.
(a)
Site reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image pair, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the landforms or karst features, which have occurred on the site over time.
(b)
Test pits. As described in the Phase II Checklist, test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.
(c)
Test probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile "Jack-hammer" is used. Depth of normal penetration is usually less than 50 feet. The "cuttings" are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
(d)
Test borings. As discussed in the Phase II Checklist, test borings can yield virtually complete and relatively undisturbed soil and rock samples. These borings provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
(4)
Indirect methods.
(a)
Aerial photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black-and-white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.
(b)
Geophysical procedures. Various geophysical investigation techniques can be used in karst terrains, including ground-penetrating radar, electrical conductivity, electrical resistivity, electromagnetic conductivity, very-low-frequency (VLF) measurement, gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities.
[1]
The data provides information on the variation in underground conditions, which should be interpreted by a person trained in geophysics.
[2]
These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.
[3]
The variability in physical properties and the solutioned nature of most carbonate rocks require an increase in the number of locations analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.
F.
Procedures and submission requirements for the Carbonate Area District.
(1)
General requirements.
(a)
All applicants for subdivision approval, site plan approval, or building permits for new construction, including single-family detached dwellings, shall undertake a geologic investigation program. Subject to Subsection F(1)(f), projects located in the Carbonate Drainage Area shall complete the Phase I Checklist, and projects located in the Carbonate Rock District shall first complete the Phase I Checklist.
(b)
Submission of the Phase II Checklist shall be based on the recommendation of the Town's geologic consultant as per Subsection F(3)(a).
(c)
A professional engineer or geologist with experience in karst terrains shall prepare the geologic investigation program. The Town's geologist or Town Engineer shall be similarly qualified to review all project submittals.
(d)
The geologic investigation program shall identify the nature of materials underlying the site.
(e)
The geologic investigation report shall evaluate site information gathered during the geologic investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.
(f)
In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.
(2)
Geologic investigation program process. For all properties located in the CAD, the applicant shall conduct a comprehensive geologic investigation program. The purpose of this program is to provide the approval authority with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geologic investigation program involves the following:
(a)
Phase I: completion of the Phase I Checklist by applicant and review by the Town's geologist; action on completeness by approval authority.
(b)
Phase II: completion of the Phase II Checklist and proposed geologic investigation program by applicant; review by the Town's geologist and action on completeness by the approval authority; issuance of permit to undertake on-site testing.
(c)
Applicant undertakes on-site geologic investigation program, with observation by the Town's geologist.
(d)
Submission of a geologic investigation report and site recommendation by applicant.
(e)
Town's geologist review; report and final recommendation forwarded to approval authority.
(f)
Approval authority acts on the geologic aspects of the proposed project.
(3)
Geological investigation program time limits.
(a)
Completing the Phase I Checklist shall commence an investigation program. The Phase I Checklist shall be submitted to the approval authority and shall be reviewed by the Town's geologist. A report from the Town's geologist shall be rendered to the approval authority within 30 days of the submission by applicant of the Phase I Checklist. The approval authority shall rule on the completeness of the Checklist within 30 days of the receipt of the Town's geologist's completeness report. The Town's geologist's report shall either recommend that the Phase II Checklist be prepared and submitted or, in the alternative, that portions or all of the requirements of the Phase II Checklist be waived.
(b)
If the Phase II Checklist is required, it shall be submitted to the approval authority and reviewed by the Town's geologist for completeness. A completeness report shall be made to the approval authority within 30 days of the submission by applicant of the Phase II.
[1]
Checklist. The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the Town's geologist's completeness report. The Town's geologist's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Town's geologist recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The Town's geologist may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to Subsection F(3)(a).
(c)
At the applicant's option, both the Phase I and/or the Phase II Checklist may be submitted simultaneously, in which case the Town's geologist shall submit a completeness report to the approval authority within 30 days of submission of the checklist(s) by the applicant. The approval authority shall act on the completeness report within 30 days of submission of the Town's geologist's report.
(d)
After the Phase I and Phase II Checklists have been deemed complete by the approval authority and the Town's geologist has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing.
(4)
On-site investigation protocol.
(a)
Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to Subsection F(3)(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the approving authority secretary for investigations related to subdivision and site plan applications or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
(b)
The proposed development site shall be subject to inspection by the Town's geologist, engineer, or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.
(c)
All samples taken shall be properly preserved and shall be available for examination by the Town upon request until the approval authority takes final action on the application.
(5)
Geological investigation report requirements.
(a)
At the completion of the field investigation, a formal site investigation report shall be submitted to the Town and include any of the following required information gathered during the testing protocol: logs of all borings, test pits, and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and groundwater, names of individuals conducting tests if other than the professional engineer or geologist referred to in the checklist, analytical methods used on soils, water samples, and rock samples; a topographic map of the site at a scale of one inch equals 100 feet (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.
(b)
The report shall define the extent of geological findings at the site in relation to the planned development or land use. The recommendations proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
(6)
Town review of geologic investigation report.
(a)
Within 45 days of submission of the geological investigation report by the applicant, the Town's geologist shall review and prepare a completeness report for submission to the approval authority. During the Town's geologist's review of the geological investigation report for proposed development in the CRD, the Town's geologist shall consider the data, formal reports, maps, drawings and related submission materials and shall advise the approval authority whether or not the applicant has provided the Town with:
[1]
Sufficient design, construction and operational information to ensure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community;
[2]
Proof that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;
[3]
Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;
[4]
Specific details on inspection procedures to be followed during construction and after project completion.
(b)
The approval authority shall, within 45 days of the receipt of the report from the Town geologist, approve or disapprove the proposed geologic aspects of the development plan and associated construction techniques. In the event the approval authority denies the proposed development plan and associated construction procedures, the approval authority shall state in the resolution its reasons for disapproval.
G.
Re-evaluation. In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases, the applicant shall:
(1)
Report the occurrence of the hazard to the Municipal Clerk within 24 hours of discovery.
(2)
Halt construction activities which would impact the geologic hazard.
(3)
Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the Town's geologist and engineer.
(4)
After obtaining approval from the Town, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater.
(5)
Repair any damage to improvements and restore ground cover and appropriate landscaping.
(6)
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.
H.
Compliance and enforcement.
(1)
Compliance with this section is required prior to the granting of Town subdivision or site plan approval, the granting of building permits, except as exempted in Subsection H herein, or the Town endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the approving authority and subject to this chapter shall be the Town engineer and geologist. The enforcement official for building permit applications that are subject to this chapter shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the Town's engineer shall serve as the enforcement officer. The Town's geologist or engineer shall serve as the enforcement official for wastewater systems requiring New Jersey Department of Environmental Protection permits or treatment works approvals.
(2)
Failure to comply with any of the conditions in this section may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geologic report, are not followed and result in actions which adversely impact karst features.
I.
Carbonate area district data distribution.
(1)
On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Town Board of Health, the Town Clerk, and a copy shall be filed with the Land Use Board or Land Use Board secretary.
[Amended 12-10-2013 by Ord. No. 13-20]
(2)
The Town shall develop a cataloge system of all available municipally generated geologic reports. This file shall be accessible to the public during normal working hours.
J.
Application and escrow fees. The applicant shall submit the application fees and escrow deposits in accordance with § 88-13 for any project in the CAD requiring a submission.
K.
Investigation checklists required.
(1)
All applications for subdivision approval, site plan approval, or building permits for new construction, including single-family detached dwellings, and located within the CAD shall be accompanied by completed checklists as an initial step of the geologic investigation required herein.
(2)
Procedure for submission of documents.
(a)
The applicant shall submit the completed Phase I Checklist to the Town of Clinton Land Use Board or Land Use Board for distribution to the Town's geologist Applicants shall also submit the required application fee and escrow as per the Town's posted escrow and fee requirements.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Phase I and II Checklists may be completed and filed prior to the completion of other required submissions at the applicant's option.
(c)
The applicant and the municipal approval authority will be advised within 30 days of submission of the Phase I Checklist whether a waiver of completion of the Phase II Checklist is being recommended by the Town's geologist. The Town's geologist may recommend a waiver of some or all of the required investigations as provided herein. The approval authority will act on the Town's geologist's completion report within 30 days of receipt. Notice of the Town's action will be forwarded to the applicant in writing.
(3)
The Phase I Checklist is intended to ensure that the information to be submitted by the applicant demonstrates that the applicant has sufficient information available on geologic issues to enable the applicant to prepare a plan for investigation of the proposed development site.
(4)
Any applicant with questions regarding whether applicant is entitled to a waiver of some or all segments of the geologic investigation is encouraged to contact the Town's geologist prior to the commencement of the preparation of the geotechnical investigation program.
(5)
The following checklists shall apply as required herein:
(a)
Town of Clinton Carbonate Area District (CAD) investigation program submission requirements (check if attached):
___ | US Geological Survey 7 1/2 minute topographic quadrangle maps with the parcel identified. | |
___ | USDA Soil Conservation Service soil survey map indicating soils present on parcel. | |
___ | Information from any special reports completed by NJ State Geological Survey, US Geological Survey, or NJ Department of Environmental Protection. | |
___ | Site plan map at a scale of 1" = 1,000' identifying proposed development site and boundaries of site that are within the CRA and/or CDA as designated on the municipal CAD map. | |
___ | Aerial photograph print for the proposed site and surrounding area (taken at a minimum scale of 1" = 1,000' obtained during periods of little or no foliage cover). | |
___ | Location of all known water production wells and well log information within one-half mile of the project. Information sources shall include, at a minimum, the County Health Department and the New Jersey Department of Environmental Protection. | |
___ | A project sketch plat at a minimum scale of 1" = 200' with existing surface water bodies location of any existing water production wells, faults, outcrops, springs, sinkholes, disappearing streams, and surface water flows. | |
___ | Written narrative describing proposed activity. | |
Does the proposed project include the use, storage or manufacturing of toxic or hazardous materials? ___no ___ yes | ||
If yes, attach and explanation of the type of activity. | ||
Other published geologic information which applicant deems pertinent. (Information from other geologic investigation programs is on file with the municipal clerk.) Please specify: | ||
(b)
Phase II Checklist.
[1]
In compliance with the Land Use Code of the Town of Clinton, applications for development or improvements in the CRD shall submit a completed Phase II Checklist to the municipality if required to do so after the review of the Phase I Checklist.
[2]
The applicant shall submit the completed Phase II Checklist to the municipal approval authority for distribution to the Town's geologist. Applicants shall also submit the required application fee and escrow.
[3]
The applicant and the approval authority will be advised within 30 days of submission as to the completeness of the submission. The Town's geologist may recommend a waiver of some or all of the required investigations as provided in Subsection F(3) and F(4). The approval authority shall act on the Town's geologist's completeness review report within 30 days of receipt. A permit may be issued to the applicant authorizing commencement of field investigations when the approval authority deems the geologic segment checklists to be complete.
[4]
Phase I and II Checklists may be completed and filed prior to the submission of other required applications at the applicant's option. The Phase II Checklist is to include a detailed outline of the proposed investigation program, including reference to site-specific investigation techniques, equipment, program objectives and remediation techniques.
PHASE II CHECKLIST | ||
|---|---|---|
Proposed investigation program to be conducted in CRD in Town of Clinton. | ||
1. | General requirements: | |
a. | Test borings and test pits are to be used as the primary means of identifying potential geologic hazards. Percussion probes and other geophysical techniques (e.g., seismic refraction and reflection, ground-penetrating radar, magnetic, gravity and conductivity) can be used to provide data between borings and pits. | |
b. | Proposed exploration techniques, which are not outlined in this checklist, may be submitted to the Town's geologist for review and possible inclusion in the approved investigation program. Alterations to the planned program can be made during the progress of the field investigation upon request to the Town's geologist if so required by the nature of the encountered subsurface conditions. | |
2. | The intention of the site investigation program is to define the nature and limits of possible design, constriction and operating concerns that could result from the existence of carbonate soil and/or rock formalities underlying the proposed development site. | |
3. | List names and address of New Jersey licensed engineer: | |
List name and address of New Jersey licensed well driller: | ||
List name and address of geologic consultant: | ||
DIRECT TESTING PROCEDURES | TO BE COMPLETED BY TOWN GEOLOGIST | ||||
TEST BORINGS | ACCEPT | REJECT | SEE ATTACHED | ||
(1) | Number proposed: | ||||
(2) | Depths anticipated: | ||||
NOTE: If rock encountered is within 40 feet of ground surface, a minimum of 10 feet of rock is to be cored. Rock cores shall be a minimum of two inches in diameter, to be obtained by double-tube, split-barrel coring device or equivalent. | |||||
(3) | Boring technique to be used: | ||||
NOTE: Unless approval is authorized, all test borings will be drilled using rotary wash without use of drilling muds. Water losses in borings are to be monitored as to depth and quantities; air loss, drilling speed and rod drops must also be monitored. | |||||
(4) | Proposed bore hole grouting technique shall be consistent with N.J.A.C 7:9-9.1 et seq. | ||||
(5) | Descriptions of proposed monitoring well completions. | ||||
NOTE: attach as-built drawing. | |||||
(6) | Soil and rock sampling to be performed in accordance with ASTM Standards D420, D1586, D1587, and D2113. | ||||
(7) | Logging of all test borings or test pits in accordance with the Unified Soil Classification System and in relation to the geologic origin of the constituents of the encountered materials, e.g., light yellow brown silty clay (CH), as described and categorized by the Munsell® color chart, with occasional angular dolomite fragments, moderately stiff residual soils, some stained paleo jointing. | ||||
TEST PITS | ACCEPT | REJECT | SEE ATTACHED | ||
(1) | Number and depth of proposed pits: | ||||
NOTE: To be acceptable, minimum bottom area of pits shall be 10 square feet and shall encounter rock surface over 50% of pit area. | |||||
(2) | Method of backfill to be employed: | ||||
NOTE: Test pit backfill shall be composed of excavated material placed in layers and compacted to pre-excavation density, unless authorized otherwise by Town geologist. | |||||
PIEZOMETERS, LYSIMETERS, AND WATER TABLE DATA | ACCEPT | REJECT | SEE ATTACHED | ||
Number, locations and types to be used: | |||||
(1) | Other methods to be used: | ||||
NOTE: These shall be installed and monitored in sufficient locations to identify depth to seasonable high water table and rate and direction of groundwater flow. | |||||
GEOTHERMAL TESTING OF PROPERTIES OF SOILS, ROCKS, AND WATER | ACCEPT | REJECT | SEE ATTACHED | ||
Methods proposed: | |||||
A. | Percussion probes. | ||||
(1) | Number proposed: | ||||
(2) | Depths anticipated: | ||||
(3) | Measuring techniques to be utilized: | ||||
B. | Geophysical studies. | ||||
(1) | Seismic refraction and reflection; location and number of runs anticipated; equipment to be used: | ||||
(2) | Ground-penetrating radar: | ||||
(3) | Magnetic, gravity, or conductivity techniques; specify procedures and location surveys: | ||||
C. | Geologic reconnaissance. | ||||
(1) | Factors to be examined: vegetative changes, observable seeps, or groundwater discharge, circular depressions; swales. | ||||
(2) | Additional field investigation techniques proposed: | ||||
INDIRECT TESTING PROCEDURES | TO BE COMPLETED BY TOWN GEOLOGIST | ||||
MAPS, DRAWINGS, AND OTHER DOCUMENTATION | ACCEPT | REJECT | SEE ATTACHED | ||
A. | Location of site on 1:24,000 scale USGS topo map (See Phase I Checklist). General site plan showing locations of all field testing procedures, in relation to the planned development at a minimum scale of 1" = 100 feet. | ||||
B. | Time table of proposed field investigation, laboratory testing, test data receipt and final report to the Town. If investigation is be performed in more than one phase, give an estimated schedule of each phase and expected results. | ||||
C. | Proposed technical inspection procedures during investigation (continuous supervision of field investigation is strongly recommended). | ||||
D. | Submission of application fees (§ 88-13) | ||||
Amount: | |||||
Date: | |||||
Future Payments Anticipated: | |||||
E. | Special factors or conditions applicant wishes to bring to the attention of Town geologist: | ||||
TOWN GEOLOGIST REVIEW | ||
A. | Phase I Checklist completion date: | |
B. | Approval of Phase I Checklist: | |
C. | Phase II Checklist completion date: | |
D. | Approval of Phase II Checklist: | |
E. | Conditions to be imposed on approval: | |