Should improvements be required which are not provided for within the particular sections of this Ordinance, they shall be designed and constructed in accordance with good engineering practice and recognized design standards.

The developer (or his engineer) shall submit detailed design calculations and construction specifications in each instance.

Prior to initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the City Engineer with regard to off-site improvements and the Planning Board Engineer with regard to on-site improvements.

Where either or both an Official Map or Master Plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon.

The streets, drainage right-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plan plans and subdivision plats.

Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the City and the enhancement of the public welfare.

The standards set forth in this Ordinance shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein.

The responsibility of the Planning Board shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this Ordinance and the City Master Plan.

The Planning Board may employ professionals in various disciplines to advise and assist it in its determinations.

Any decisions of the Planning Board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Ordinance, shall be deemed conclusive.

Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the Planning Board and its employees and professional consultants, for the purpose of reviewing the proposed design.

Should the Planning Board determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary.

Until the applicant supplies such information, no submission under the provisions of this Ordinance shall be termed complete.

Nothing contained herein shall be interpreted to prevent the municipal agency from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.

Standards utilized should generally be nationally recognized and in common use in this area.

Design standards may not be utilized if they do not have the approval of the City Engineer.

The Planning Board may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit.

Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.

As a condition to the final approval of the final plat by the City Planning Board, the subdivider shall post a performance guarantee conditioned upon the completion of the required improvements and for repair of any damage caused by the subdivider to existing streets, for soil protection, and protection against removal of trees.

The performance guarantee shall consist of a performance bond in an amount equal to the total estimated cost of the aforesaid items plus twenty percent (20%) issued by a bonding or surety company authorized to issue such performance bonds in New Jersey and to be approved as to form by the Planning Board Attorney or by the deposit in escrow of cash or negotiable securities as approved by the City Planning Board or other collateral or surety agreements as may be approved.

Such performance guarantee shall run for a period to be fixed by the City, but in no case for a term of more than three (3) years.

The subdivider shall also pay the City a fee amounting to five percent (5%) of said estimated cost, to cover the cost of supervision, payable prior to the signing of the plat by the appropriate City officials.

Should improvements be required which are not provided for within the particular sections of this Ordinance, they shall be designed and constructed in accordance with sound and accepted engineering practices and recognized design standards.

The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance.

Prior to the completion of such specialized design the particular standards to be utilized shall be submitted for review by the Planning Board Engineer and the City Engineer.

All parking areas, passageways and driveways shall be constructed with either bituminous concrete flexible pavement structure, or a Portland cement concrete rigid pavement structure: All durable dustless semi-pervious surface materials may be utilized under special conditions, as approved or recommended by the Planning Board Engineer in accordance with § 25-1700.22.

The pavement structure design for each particular site utilizing either a flexible or rigid pavement type shall be the responsibility of the developer's engineer.

The design and construction or approval of all sanitary sewer systems (or extensions of existing systems), either publicly or privately owned shall be under the jurisdiction of the New Jersey Water Company - Shore District. Prior to the approval of any site plans, the full approval of any public sewerage disposal system must have been obtained from the New Jersey Water Company - Shore District and where applicable, required State permits, filed with the Planning Board.

No topsoil shall be removed from the site or used as spoil. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas shall be covered by a four inch (4") minimum thickness necessary to support vegetative growth.

No tree of six inch (6") caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the Planning Board.

All planting, clearing, selective thinning, topsoiling, seeding and other landscape work shall conform with the applicable requirements of the standard specifications.

All buildings should be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; water courses; solar access, and energy conservation.

No building facades, including single- and two-family residential structures on individual lots, shall be designed to look like any adjacent structure nor shall any such structure be the reverse image of an adjacent structure in terms of architectural style and exterior materials.

Buildings should be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.

Building setbacks should be varied to the extent practicable in order to provide an interesting interplay of buildings and open spaces.

Accessory buildings should be architecturally treated in the same manner as principal structures.

All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like, shall be screened from the public view, within and from the outside of the development, by a fence, wall, or mature landscape materials, consistent with the exterior design of building within the development.

Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections such as gutter, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, overhead doors, shall be painted or installed with an anodized or acrylic finish, in a color to match adjacent surfaces.

Buildings of a traditional design should have steeper roofs. Overhangs should be consistent in front and rear.

All openings in the wall of a structure such as windows and doors should relate to each other on each elevation, vertically and horizontally, in a clearly defined order; and should take into account orientation to the sun, in terms of architectural elements for sun-shading and consideration of the efficiencies of heat loss and gain through such openings.

Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment. All exposed basement walls must be painted to relate properly to the side of the building.

Landscape elements shall relate to architectural design elements, and shall be considered a strong unifying component of the overall site design, reflecting the natural and man-made (architectural and aesthetic) qualities of the development.

Residential design should create the appearance of individuality of housing units, and avoid the appearance of a large undifferentiated project.

Dwelling units should have adequate interior living space, using low maintenance, high quality and aesthetically attractive materials.

Easy access to outdoor space and parking from all residential units should be provided.

The design should provide safe, well-lighted residential environment free of through traffic and congestion.

Senior citizen housing should be located near community facilities, public transportation and neighborhood retail services.

Each development in excess of five (5) dwelling units shall contain at least three (3) substantially different, yet architecturally compatible, principal building design.

Site design should create identifiable clusters of dwellings which relate visually and functionally to the open space network.

Site design should minimize noise intrusion into the dwelling cluster and protect the visual privacy of dwelling units.

Private and common open spaces should be clearly delineated. Recreation facilities should be designed and cited for the convenience of the users. Where a variety of age groups are expected to inhabit the development, recreation facilities should be designed to accommodate the full range of inhabitants.

Pedestrian circulation routes should accommodate the predictable traffic patterns and form the shortest route between the dwellings and the facilities likely to be used. It should parallel access roads and adjacent streets and, where feasible, link the developments to off site facilities that residents are likely to travel to.

Each such dwelling unit shall be accessible from the nearest parking spaces by means of a walk uninterrupted by steps or abrupt changes in grade and shall have a width of not less than five feet (5') and a gradient of not more than one foot (1') in twelve feet (12') or an approved ramp. The parking spaces for the dwelling unit shall be reserved for the use of its occupants and be not less than twelve feet (12') wide and shall not be so situated as to require the handicapped to pass behind parked cars to reach the entrance way.

The Planning Board shall approve common buildings and facilities only if adequate provisions have been made for use by the physically handicapped and shall be guided in such judgment by the specifications for making buildings and facilities accessible to, and used by, the physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations, promulgated by the Department of Community Affairs.

Exterior materials may include brick, stone, anodized aluminum and baked enamel metal panels, precast concrete and similar materials, with appropriate texture and trim to prevent large undifferential facade of the same material. All historical buildings shall utilize exterior materials compatible with and of a type which will enhance the historical character of the structure.

All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.

All major entrances to buildings shall be properly identified with architectural elements such as recessed entrance ways, projected overhangs, and porticos.

Flat roof canopies on metal pipe columns shall not be used on commercial buildings.

Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.

Buildings and structures used for functional purposes, such as warehouses, indoor sports facilities and manufacturing facilities, shall include appropriate landscaping adjacent to boundary facades in the public view.

The Planning Board shall approve common buildings and facilities only if adequate provisions have been made for use by the physically handicapped and shall be guided in such judgment by the specifications for making buildings and facilities accessible to, and used by, the physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations, promulgated by the Department of Community Affairs.

A buffer is an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent properties. Buffering shall provide a year round visual screen.

Buffering shall be provided when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, light, and traffic.

Where buffers are required, the buffer shall be at least four feet (4') wide and shall comply with the following standards:

Walls and fences meeting Ordinance requirements may be erected where required for privacy, screening, separation, security or to serve other necessary functions.

Design and materials shall be functional and shall compliment the character, size, and type of the building. No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators, or similar device for cooling, heating or generating purposes, outside or on top of a structure, they shall be screened from public view.

This screening shall consist of densely planted evergreen shrubs which shall grow not less than five feet (5') after one (1) growing season; or

Extensions of parapet walls or mansard rooflines or structural or ornamental screens or baffles.

Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

The above requirements shall not be constructed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

Building on Pilings, Columns or Piers. Elevated buildings shall provide screening (except where vehicular access is provided, and except where the columns or piers are suitably finished) so that the construction-grade pilings, columns, piers and cross-bracing are not visible from the street, alley and adjoining properties, in a manner permitted by the Federal Emergency Management Agency Flood Hazard Regulations and the Ocean City Flood Damage Prevention Ordinance. The screening shall be permanent (except in a "V" zone where break-a-way walls are required), and may be constructed of wood panels, vinyl, dimensional lattice, masonry or other suitable material compatible with the finish and architectural style of the building.

Buildings Elevated by Means of Solid Foundation Perimeter Walls. Solid foundation perimeter walls shall be finished in a manner that does not detract from the appearance of the neighborhood. Unfinished concrete block and cinder block is not acceptable. Split-face and decorative block, stucco, wood, vinyl and fiber cement siding, brick (and veneers), stone (and veneers), or other suitable material compatible with the finish and architectural style of the building are acceptable foundation wall treatments.

The Lowest Floor shall be used solely for the parking of vehicles, building access and limited storage in accord with the applicable non-elevation design requirements of 44 CFR Section 60.3.

No bulk storage of material or equipment shall be permitted in any required front yard area.

No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.

All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 25-1700.5 of this Ordinance and a six foot (6') chain link fence or equivalent shall be provided.

In any event, the entire roadway right-of-way shall be fully graded and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way and their maintenance shall be the responsibility of the owner of the property on which they are constructed.

The developer shall make suitable provisions in the instruments transferring to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Planning Board and the City Clerk.

All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.

Logs, railroad ties and other floatable materials shall not be used as or in the construction of retaining walls.

Wherever possible, the land shall be graded so that the storm water from each lot shall drain directly to the street or alley. If it is impossible to drain directly to the street or alley, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.

Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet (2') below finished grade.

The minimum slope for lawns shall be three-fourths of one percent (3/4%) and for smooth hard-finished surfaces, other than roadways, four-tenths of one percent (4/10%).

The maximum grade for lawns within five feet (5') of a building shall be ten percent (10%) and for lawns more than five feet (5') from a building, twenty-five percent (25%).

Retaining walls installed in slope control areas shall be constructed of reinforced concrete, other reinforced masonry or of other construction materials acceptable to the Planning Board Engineer and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building on the subject property to the face of the retaining wall, not to exceed thirty inches (30") measured from grade on the adjacent property. Should the City adopt, subsequently to this Ordinance, standard details for such construction, the same shall govern.

The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds, and division berms through the course of construction.

Where fifty percent (50%) or more of the curb length of a street would be required to have two (2) pour curb and gutter, the entire street shall be constructed with two (2) pour curb and gutter.

Where fifty percent (50%) or more of any subdivision is required to have a two (2) pour curb and gutter, the entire subdivision shall be constructed with two (2) pour curb and gutter.

Driveway Dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:

Number of Driveways. The number of driveways provided from a site directly to any one (1) municipal street shall be as follows:

Alley Lots. Driveway access shall be from the alley for all lots adjoining an alley. On lots up to 39.9 feet in width, such drives shall have a maximum width of thirty feet (30'); except on lots forty feet (40') or greater in width, the maximum permitted driveway width is thirty-six feet (36').

Non-Alley Lots. For lots having no rear yard access, such as lagoon lots, beach front lots and other lots not accessible from an alley, maximum driveway width shall be 24 feet.

All such drives shall conform to the setback and impervious coverage requirements of this Ordinance.

Paved driveways shall comply with Subsection 25-1700.9 of this Ordinance.

Driveways designed with permeable pavers shall comply with Subsection 25-300.12.4j of this Ordinance.

Ribbon/concrete strip driveways shall be constructed in accord with the following specifications.

For all other uses the maximum curb depression shall be the driveway width plus ten feet (10'), but not more than thirty-five feet (35').

All concrete should be constructed as provided by the appropriate section of this Ordinance.

On non-alley lots driveway aprons shall be required between the street curb to the rear edge of the sidewalk. They shall be in accordance with Section 17-2. Where sidewalks are not required, a five inch (5") thick bituminous concrete apron ten feet (10') wide between the curb and the right-of-way line which shall be two inches (2") thick of bituminous concrete type FABC and built over a quarry blend stone base six inches (6") thick, or six inches (6") of Bank Run Gravel.

On alley lots, driveway aprons constructed to the standards cited in § 25-1700.12.a shall be required between the edge of the alley pavement and the property line.

If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream, or swale, the Planning Board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer, conforming substantially with the lines of such facility.

If existing land drainage structures such as french drains are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the City Engineer for consideration by the Planning Board. The Planning Board, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirely, or recommend such other action to the governing body as it deems appropriate.

All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the flood plain of any watercourse along both sides of the watercourse to a width of thirty-five feet (35') in each direction from the center line of the watercourse, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

Said easement and right-of-way shall include provisions assuring the following:

Conservation easements may be required along all drainage and storm water rights-of-way in the development and may be required along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and adjacent lands.

The land subjected to a conservation easement shall be a strip at least twenty-five feet (25') but not more than one hundred feet (100') in width independently located or running adjacent to each side of any required drainage or storm water right-of-way.

Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes; removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes.

The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material or any type within the limits of the easement.

The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.

Sight triangles shall be provided at all intersections, including alleys. The Planning Board or the Board of Adjustment may, at its discretion, or at the recommendation of the City Planner, Zoning Board of Adjustment Engineer or Planning Board Engineer, require that easements be granted for said sight triangles.

No tree, shrub, sign or other structure exceeding a mature thirty inches (30") height shall be located within the sight triangle that would obstruct clear sight across the area.

Such sight triangle shall be drawn by measuring from a point in the middle of the travel lane of the stop-controlled street a distance 15 feet back from the extended curbline of the through street to a point 170 feet away in the middle of each approach lane for all 15 mile per hour (m.p.h.) roads, 225 feet for all 20 m.p.h. roads, 280 feet for all 25 mile per hour (m.p.h.) roads, 335 feet for all 30 m.p.h. roads, 390 feet for all 35 m.p.h. roads, and 445 feet for all 40 m.p.h. roads. This sight triangle may be reduced in zones where permitted yard setbacks allow building construction within the triangle described herein above.

Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Cape May, the sight triangle easements required by the State or the County of Cape May may be substituted in lieu of the requirements above.

Height of Hedges, and Fences:

In any business zone, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

On park, recreation or school properties, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

Fences in the Historic District are subject to the provisions of § 25-1800.5 of this Ordinance.

Fences specifically required by other provisions of this Ordinance and other municipal and State regulations. Notwithstanding fences required by other municipal or State regulations, fences located in the rear yard of oceanfront lots are required to be open fences not greater than four feet (4') in height.

Hedges, walls and fences located adjacent to a street shall conform to the requirements of Subsection 25-1700.13.3 of this Ordinance.

Walls may be constructed of brick or stone or other maintenance-free material, subject to review and approval by the approving authority. Unfaced concrete block shall not be permitted.

Solid fences, hedges and walls hereafter erected, altered, or reconstructed in the front yard area of any zone shall not exceed thirty-six inches (36 ") in height.

Open fences located in the front yard area in any zone shall not exceed forty-eight inches (48") in height. Fences exceeding forty-eight inches (48") in height shall not extend forward of the front building line on any existing building.

Fences and walls shall not exceed six feet (6') in height when located in any side or rear yard, except as follows:

Retaining walls installed in slope control areas shall be constructed of reinforced concrete, other reinforced masonry or of other construction materials acceptable to the Planning Board Engineer and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building on the subject property to the face of the retaining wall, not to exceed thirty inches (30") measured from grade on the adjacent property. Should the City adopt, subsequently to this Ordinance, standard details for such construction, the same shall govern.

Such garage shall contain at least four (4) parking spaces.

No portion of more than one (1) level shall be above ground.

All levels shall be lighted, properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.

Garages, whether attached or detached, shall be arranged to open to the side or rear of the lot except fully detached garages, located entirely to the rear of the principal building.

Attached garages shall have a joint capacity of not more than ten (10) vehicles arranged in a row, and there shall be a minimum distance of twenty feet (20') between such structures.

Garages and other accessory buildings shall be no more than one (1) story in height.

The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the main structures.

No part of any garage or other accessory building shall be used for living purposes.

The minimum lighting level at any location within the parking area shall be seventy-five percent (75%) of the average level.

Free standing lighting standards or poles shall not exceed by more than ten feet (10') the height of adjacent buildings served by the parking lot.

The width of the safety island shall be four feet (4') minimum. All required tree and shrub plantings shall be placed on the on-site portion of the safety island, except that where screening is required under this Ordinance, the screening requirements shall take precedence.

Safety islands shall be landscaped, topsoiled, and seeded, except that they may, as an alternative to seeding, be provided with a cover or mulch of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

Notwithstanding the use of maintenance-free materials, there shall be provided at least one (1) deciduous tree two inches (2") in diameter at breast height every forty feet (40') or part thereof, on all safety islands. A greater distance will be allowed for plantings, if necessary, for traffic safety. The area between trees shall be planted with a minimum of three (3) evergreen type shrubs. The portion of the safety island within twenty-five feet (25') of any access drive or street intersection shall be planted with evergreen shrubs less than thirty inches (30") in height. Alternate or additional plantings may be permitted by the Planning Board in accordance with an approved site plan.

No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted within five feet (5') of the street right-of-way.

Parking areas for less than 50 cars, which the Planning Board (or Zoning Board of Adjustment) determines are not likely to be utilized by truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1 over a six-inch gravel base, all in accordance with the specifications contained in § 25-1700.25, or constructed with grass block pavers pursuant to § 25-300.12.4j of this Ordinance.

In parking areas for 50 or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in § 25-1700.25 of this Ordinance.

No more than one two-way access drive or two one-way access drives shall be permitted on any street for an individual development site.

Where possible, access drives shall not be located closer than fifty feet (50') from the nearest right-of-way line of an intersecting street.

No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall.

Sidewalks must be raised and curbed six inches (6") above the parking area except where crossing streets or driveways and wherever pedestrian traffic shall occur.

Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas.

All sidewalk construction shall be in accordance with Section 17-2 of the City Code.

Sidewalks located in the public right-of-way shall have a minimum width of six (6) six feet, except as may be modified by Subsection 17-2.5b or Subsection 25-1700.28.3b of the City Code.

All sidewalk construction shall be in accordance with Section 17-2 and § 25-1700.28 of the City Code.

Concrete used should be in accordance with Subsection 17-2.4 of the City Code.

Curbing should comply with requirements of Subsection 17-2.4 of the City Code.

The Planning Board may waive the requirement for curb in parking areas open only to employees, service vehicles, or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.

All the minimum design standards for small parking areas.

All entrance drives shall extend a minimum distance of fifty feet (50') back from the street curb line or to an access aisle.

All exit drives shall extend a minimum distance of thirty feet (30') back from the street curb or to a major access aisle.

No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.

Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.

FIGURE 7: HANDICAPPED PARKING AND SIGN DETAIL

Access drives shall not be located closer than fifty feet (50') from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which in the opinion of the municipal agency will generate large traffic volumes, access drives shall not be located closer than one hundred feet (100') from the nearest right-of-way line of an intersecting street.

No driveway shall be located less than four feet (4') from the side property line.

Where the Planning Board determines that the total number of off-street parking spaces required by this Ordinance may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area be completed initially, subject to the following regulations:

The Planning Board may reserve the location and extent of such streets, ways, basins, or areas shown on the plat for a period of one (1) year after the approval of the final plat or within such further time as may be agreed to by the developer.

Unless during such period or extension thereof the City shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations.

The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development as required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use.

Any land shown on the Master Plan as proposed for park, playground, school site, or other public use shall be designated and reserved for such use.

Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.

Active recreation activities may include, but are not limited to, swimming pools, tennis courts, and ball fields.

The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the standards contained herein.

Removal of dead or diseased trees.

Thinning of trees or other growth to encourage more desirable growth.

Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.

Grading and seeding.

Open space areas should not be less than thirty feet (30') in width at any location.

Where possible, certain land areas and features shall be preserved as open space.

These shall include:

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which insure that:

No final approval of a subdivision or site plan containing open space created pursuant to this section shall be granted until the developer has submitted, and the Planning Board has approved the Master Deed for such open space and the by-laws of the organization established pursuant to § 25-1700.23.8, below.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the City or other governmental agency.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer (Zoning Officer) may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition.

Sufficient outdoor play and activity equipment shall be installed in accordance with standards of the National Parks and Recreation Association for the expected number of residents in the development.

The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the City Engineer.

Flexible bituminous concrete paved roadways shall be constructed as follows:

Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted.

The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer.

In certain cases, special treatment may be required because of the character or nature of the subsoil.

Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses provided that the subgrade can be satisfactorily prepared as hereinbefore described.

Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B.

Portland cement concrete pavements must be constructed with a minimum of six inches (6") of a granular type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E.

Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches (4").

Except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches (4").

Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.

No pavement surfaces shall be placed unless permission to do so has been granted by the City Engineer.

Expansion joints shall be New Jersey State Department of Transportation Type A Expansion Joints.

Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of Portland cement concrete.

The use of alternate pavement types may only be permitted if the applicant submits for review and approval, details and specifications concerning the equipment, materials, and methods proposed for use, and if the City Engineer has inspected the installation of, and tested and approved a suitable sample section of such pavement.

In the event the City Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this Ordinance or such other alternate as may be approved by the Planning Board.

This screening shall consist of densely planted evergreen shrubs which shall grow to not less than five feet (5') after one (1) growing season along with a solid screening element.

Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles.

Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

Where sidewalks cross driveways and are subject to significant loading, the Planning Board may increase the thickness to eight inches (8").

Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that its width be increased (to a maximum of eight feet (8')).

Such aprons shall be in accordance with Section 17-2 of the City Code.

The width of the apron at the curb line shall be not less than the width of the driveway plus ten feet (10') or a minimum of twenty feet (20'), whichever is greater.

At each driveway without curb return radii, the concrete curb or curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus ten feet (10'), but not less than twenty feet (20').

At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii.

All depressed curb shall be constructed in accordance with Subsection 17-2.4 of the City Code.

Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the City Engineer.

The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials, and methods proposed for use; and if the City Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk.

In the event the City Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this Ordinance or such other alternate as may be approved by the Planning Board.

Applicability.

Decorative Paver Walks.

Decorative Paver Crosswalks, Alley Aprons and Drive Aprons.

Decorative Paver Cobble Strip.

Bench.

Bike Rack.

Litter Receptacle.

Light Fixture.

Street Tree.

Bike Route.

Unless otherwise stated herein, the installation of any permanent sign for a commercial, professional and/or institutional use shall require a zoning permit.

No sign shall be installed which is not in accordance with standards established in this Chapter. If a sign type is not specifically permitted, it is prohibited.

Each principal structure shall have affixed thereto appropriate numbers indicating its street address in a size and location so as to be readily visible from the street.

No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises. A sign advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected is prohibited, except where permitted in Subsection 25-1700.29.7g.

No sign of any type shall be permitted to obstruct driving visions, traffic signals, traffic directional and identification signs, or vehicular or pedestrian traffic in a public right-of-way. No sign shall exceed thirty inches (30") in height within the sight triangle, defined herein.

No sign or sign supports shall be located within any street, road, sidewalk or other public right-of-way, except where provided herein for awning, canopy and projecting signs.

No sign may project above the roof line of the building on which it is mounted, or above the maximum height of the building to which it is associated.

All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings, or faces, maintenance of legibility and all lighting elements.

Freestanding Signs. Freestanding signs, where permitted by district regulation, are limited to no more than one (1) per property, and shall be set back four feet (4') from the property line or public right-of-way. The maximum height of all freestanding signs shall not exceed the roof line or highest portion thereof devoted to such use or activity, or fifteen feet (15') in height, whichever is less. A single pole sign shall have an architectural finish so that an exposed metal pole shall not be permitted (painting does not satisfy this requirement). Examples of treatment include wood molding.

All freestanding signs shall be surrounded by a landscaped area, the area of which equals fifty percent (50%) of the sign area.

Monument Signs. Monument signs shall not be placed closer to a public right-of-way, pedestrian walkway, or parking area than one-half (0.5) times the height of the sign height, and in no way shall violate sight triangle regulations. All monument signs shall be surrounded by a landscaped area, the area of which equals twenty-five percent (25%) of the sign area.

Wall Signs. Wall signs shall not exceed five percent (5%) of any wall. Wall signs shall not extend above the height of the vertical wall or cornice to which they are attached. The maximum height of a wall sign shall not exceed the height of the use or activity to which the sign represents.

Projecting Signs. Projecting signs, including framework or brackets, are permitted to encroach over the public right-of-way by a maximum of four feet (4'). The bottom of the sign shall be at least eight feet (8') from grade. Projecting signs may extend above the commercial use or activity by three feet (3').

Awning Signs. Awning signs are limited to twenty-five percent (25%) of the awning area and letters and graphics are limited to eight inches (8") in height. Awnings may project a maximum of four feet (4') into the right-of-way, but the total projection shall not be any greater than five feet (5') from the face of the building, except in the On-Boardwalk Zone where the projection of a retractable awning may be up to ten feet (10'). The bottom of the awning shall be at least eight feet (8') from grade, and no higher than twelve feet (12') above grade. Awning supports are not permitted within the setback requirement, or in the public right-of-way. No signs, merchandise, banners or flags shall be attached to the bottom of an awning.

Canopy Signs. Canopy signs are limited to six (6) or eight (8) square feet (see district regulations). Suspending canopy signs shall have an eight foot (8') clearance from grade. The canopy sign may not project beyond the canopy.

Portable or A-Frame Signs. Portable or A-frame signs are limited to six (6) square feet per side and shall be placed within the property or against the building, and shall not impede pedestrian flow. They shall only be permitted during the time the business is open. In the On-Boardwalk Zone, they are only permitted from October 15 to April 15 of consecutive years.

Window Signs. Window signs include any sign located within two feet (2') of a window.

For shopping centers, in addition to a main shopping center sign, each individual storefront may have a facade sign and window signage compliant with these regulations.

Signs shall not use red, yellow and green lights which in the judgment of the Chief of Police interfere with the operation of any traffic control signal.

Signs shall not, in the judgment of the Chief of Police, unreasonably tend to distract drivers or otherwise constitute a traffic hazard.

Signs shall not advertise matter of an indecent or obscene nature.

Signs shall not block or obscure the view of an adjacent sign.

Signs shall not attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

Signs shall not obstruct doors, fire escapes or stairways or keep light or air from windows used for living quarters including motel, hotel, boarding house and similar rooms.

Signs shall not be restricted by common ownership documents.

Institutional signs for schools, churches and other public or semi-public institutions shall conform to the following regulations:

Computations.

Illumination. All signs which obtain a zoning permit may be illuminated per the requirements of Subsection 25-1400.3.11. Signs that are exempt or do not require a permit as defined in Subsections 25-1700.29.6 and 25-1700.29.7 below shall not be illuminated. Clear glass neon and exposed tube neon lights are specifically prohibited. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.

Electronic message signs.

Animated, blinking, flashing, moving or revolving signs, except in the On-Boardwalk Zone provided they face only East, North or South and do not face residential zones or structures.

Roof signs.

Signs attached to trees or utility poles.

Inflatable signs.

Billboard signs.

Bench signs.

Any sign attached to or placed on a vehicle except for those vehicles actively used in the daily function of the business to which such signs relate.

Banners, except where permitted herein.

Pennants, except where permitted herein.

Internally lit vinyl awnings, except in the On-Boardwalk Zone.

Moving or revolving signs and signs using blinking, flashing, vibrating, pulsating, flickering, or tracer lighting, except in the On-Boardwalk Zone providing these signs only face east, north or south, and do not face residential zones or structures.

Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name but shall not include any advertising message and shall not exceed three (3) square feet.

Temporary and permanent traffic signs and signals installed by the City, County or State for the purpose of directing and regulating the flow of traffic.

Signs indicating public transportation stops when installed by the City or a public transportation utility.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.

Warning and no-trespassing signs, not exceeding three (3) square feet in area.

Flags or emblems of religious, educational, civic, or governmental organizations flown from supports of the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal or State government.

Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding two hundred sixteen (216) square inches in area (one and one-half (1 1/2) square feet).

Lawn signs identifying residents, not exceeding one and one-half (1 1/2) square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamp post if used as a support.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

Signs which are an integral part of vending machines, including gasoline pumps and milk machines.

(Reserved)

Temporary signs or other advertising materials attached to a window shall be removed at the expiration of the event sale for which it was erected or posted.

Temporary signs for advertising public functions or fund raising events for charitable or religious organizations shall be permitted for a period of thirty (30) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than twenty-four (24) square feet in area, not exceeding eight feet (8') in height of roof line and may be erected flat against the building or freestanding, providing the sign is installed at the location of the event, otherwise, it may not be larger than twelve (12) square feet in area and not exceed eight feet (8') in height.

Official traffic, parking and street signs; trespassing signs and signs indicating private ownership of roadways or other private property; nonilluminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name but shall not include any advertising message and shall not exceed three (3) square feet.

Miscellaneous signs authorized by the Chief of Police.

Signs installed by or at the direction of the municipality upon public streets, roads, sidewalks, and rights-of-way or other real property owned or controlled by the municipality.

Flags or emblems of religious, educational, civic, or governmental organizations flown from supports of the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the Federal or State government.

Name and number plates affixed to a house, apartment or mailbox, and lawn signs, with the purpose of identifying residents not exceeding two hundred sixteen (216) square inches in area (one and one-half (1 1/2) square feet). The signs shall not contain any advertising message and shall be nonilluminated except by a light that is an integral part of a lamp post if used as a support.

Signs that are an integral part of vending machines and gasoline pumps.

Decorative or informational flags such as "open" or "welcome," with a limit of one (1) flag per business. Flags and flagpoles shall not be in the right-of-way.

Information posted regarding hours of operation, credit cards accepted. Such information shall be permitted only where attached to the building, window or door. No letter or number in excess of four inches (4") vertical height shall be permitted.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by public or nonprofit agencies.

Signs identifying a resident's name and/or street number, limited to one and one-half (1 1/2) square foot.

Neon open signs limited to two (2) square feet or less.

One (1) changeable copy sign, such as a menu board, shall be permitted for each twenty feet (20') of store frontage, located on the front wall adjacent to the store entrance, and not greater than four (4) square feet in sign area.

Temporary Signs.

Unsafe Signs. If any sign or supporting structure is deemed unsafe by the Construction Official, Zoning Officer, or Code Official, the owner thereof or the person or firm responsible for the property, upon written or verbal notice shall make the sign safe or remove the sign. If the sign is not removed in the time period indicated, the sign can be removed by the City at the expense of the property owner, and shall be cause for the issuance of a summons to appear in Municipal Court.

Obsolete Sign Copy. Any individual, corporation or entity who owns or leases a sign shall remove said sign within thirty (30) days after the party no longer conducts business on the premises.

Illegal Signs. Any sign that is unlawfully installed (without zoning and/or construction approval, or not in conformance with an approved permit) shall be removed by the owner immediately upon notification with reason by the Construction Official, Zoning Officer, or Code Official. Failure to remove an illegal sign shall be cause for the issuance of a summons to appear in Municipal Court.

Signs in Need of Repair. All signs shall be kept in good repair, which shall include replacement or repair of the following:

Durable Materials. All exterior signs shall be made of durable material and fastened securely with non-rusting hardware. Corrugated plastic, retail merchandise and other similar materials are considered substandard and unacceptable outdoor sign materials and shall be removed. Poster materials are permitted for temporary signs only, with time limitations specified in these regulations.

Every sign shall be designed as an integral architectural element of the structure, building and site to which it principally relates. It shall be in good scale and proportion in design and visual relationship to structures, building and other surroundings.

The colors, materials, and lighting of every sign shall be harmonious with the structure, building and site to which it relates.

Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

Freestanding signs shall be landscaped as defined herein.

All illuminated signs shall be properly shielded and located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.

Continuance. The lawful use of any sign existing at the date of the adoption of this Ordinance[1] may be continued, although if such sign does not conform to the regulations specified herein, such nonconforming signs shall not be structurally altered, enlarged, extended or illuminated if not previously illuminated.

Any nonconforming sign that is not substantially destroyed or damaged by fire or other casualty loss may be restored or replaced, with prior written approval of the Zoning Officer, provided the sign shall not be changed in size or appearance. Photographic documentation may be required.

The changing or maintenance of movable parts or components of a nonconforming sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of such sign shall be permitted, upon prior written approval from the Zoning Officer. Photographic documentation may be required.

Abandonment. A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use or activity pursuant to Ordinance.

Reversion. No nonconforming sign shall, once changed into a conforming sign, be changed back again into a nonconforming sign.

Enforcement of all sections of the within Chapter shall be commenced by the issuance of a violation notice with order to comply. If no action is taken by the property owner, there shall be a filing of a complaint in the Municipal Court.

Any person found guilty of violation of this Chapter, or any section therein, shall be subject to a fine not to exceed the sum of two hundred ($200.00) dollars for a first offense. For a second offense or subsequent offense, a fine of not less than two hundred ($200.00) dollars nor more than five hundred ($500.00) dollars, provided, however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so. An individual need not be charged as a subsequent offender in order to be fined as a subsequent offender.

Signs in Residential Districts.

Signs in Central Business, Central Business-1, Marine Village Harbor and Drive-In Business Districts.

Signs in Hospitality Zone.

Signs in On-Boardwalk District.

Signs in Neighborhood Business District.

Signs in 9th Street Gateway and 34th Street Gateway Zones.

All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications.

The developer (or his engineer) shall submit complete calculations, specifications, plans, and details for all proposed storm drainage facilities.

Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.

All pipe shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe, ductile iron pipe shall be class 50 or better shall be allowed.

All pipe shall comply with the requirements of the current New Jersey Department of Transportation Standard Specifications, Standard Construction and Details governing construction.

Generally, concrete pipe or ductile iron pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.

All ductile iron pipe shall be cement lined meeting the requirements of the New Jersey Department of Transportation Standard Specifications.

All steel pipe shall be fully bituminous coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service.

All storm drains shall be tangent between inlets, manholes, or other structures, except that the use of fittings or factory curved pipe may be allowed by the City Engineer when necessary to accommodate existing geoaletry or utilities.

Prior to laying any storm drains, the bottom of all trenches shall be inspected by the City Engineer.

All street inlets shall be New Jersey Department of Transportation Standard Type B. Casting heights on any streets shall be two inches (2") greater than the specified curb face and the gutter shall be properly transitioned approximately ten feet (10') on either side of the inlet.

All yard inlets shall be Standard Type A or E.

Combination drains shall be installed where the character and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.

In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred feet (600').

Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed seven hundred fifty feet (750'), provided that:

Maximum design capacities which may be used to determine actual inlet location spacing are:

Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

Generally, sufficient inlets will be placed to eliminate any flow exceeding two (2) cubic feet per second across any intersections.

Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches (6") at any point calculated for the appropriate design storm in accordance with § 25-1700.33.

The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five feet (25') rounded to the next highest five foot (5') increment.

Excess velocity, if any, as determined by the City Engineer, in open channels must be controlled by sod, rip-rap, paving, ditch checks, or other suitable methods.

Changes of direction in open channels must have a maximum radius of eight hundred feet (800') or be adequately paved or rip-rapped.

Generally, unlined open channel cross-sections shall have side slopes not steeper than four to one (4:1) for channel depths of two (2) feet or less and not steeper than eight to one (8:1) for channel depths of more than two feet (2'). Line open channel side slopes shall not be steeper than two to one (2:1).

The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.

All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more for at least two (2) out of every twelve (12) months will be provided with a low flow channel using gabions, riprap, lining, one-third (1/3) pipe sections, or other arrangements approved as part of the final plat submission.

The location, length, depth, grade, type, and size of pipe shall be designated on the plans indicated herein except where unusual or exceptional soil or other conditions are discovered at the time of construction, which are not provided for in the plans, in which case such construction shall be determined by the City Engineer.

Trenches shall be bridged at the street crossings, intersecting streets, public and private entrances in such a manner that traffic will not be interrupted.

The contractor shall have a sufficient quantity of timber and equipment constantly on hand for planking, sheet piling, fencing or shoring, and adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.

All trenches for culverts, drains or french drains shall be excavated at least nine inches (9") and not more than thirty inches (30") wider than external diameter of the pipe to be used therein.

The pipe shall be laid on a firm bed and the bottom of the trench shall be excavated to the line and grade given or directed by the City Engineer.

The pipe shall be laid and all joints shall be treated as determined by the City Engineer.

The filling around the pipe shall be made in layers with approved materials free from rock, and each layer shall be tamped thoroughly around and over the pipe.

Where indicated or directed, old pipe or insufficient sized culverts shall be removed and relaid, extended or renewed in the same manner as specified above for new pipe culverts or drains.

Easement of a width sufficient to allow proper maintenance but in no case less than fifteen feet (15'), shall be provided for the outletting of all drains, pipelines, etc. to streams, existing storm drains, or other legal drainage courses. These easements shall be granted to the City in writing, subject to the approval of the City Attorney.

All non-pipe culverts shall be designed for AASHO H20-44 loading.

The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing forty-eight inches (48") high if the banks of the channel are steeper than one foot (1') vertically for every four feet (4') horizontally and either the total depth of the channel exceeds four feet (4') or the channel would be expected to have a depth of flow greater than two feet (2') more often than once every ten (10) years.

For maintenance purposes, gates may be required by the Planning Board at approximately two hundred foot (200') intervals.

If required by the Planning Board as a condition of approval or by the Planning Board Engineer during construction, the developer shall provide adequate provisions to prevent all deposits of silt or other eroding material in any stream or water course.

Such provisions may include, but not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.

The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.

The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the Planning Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

Subject to review and approval by the Planning Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Planning Board will use the following criteria:

Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 25-1700.32.12.2.

Applicability.

Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 25-1700.32.12.10.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsections 25-1700.32.12.4o, p, q and r:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 25-1700.32.12.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 25-1700.32.12.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 25-1700.32.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 25-1700.32.12.4o only if the measures meet the definition of green infrastructure at Subsection 25-1700.32.12.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 25-1700.32.124o2 are subject to the contributory drainage area limitation specified at Subsection 25-1700.32.12.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 25-1700.32.12.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 25-1700.32.12.4d is granted from Subsection 25-1700.32.12.4o.

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 25-1700.32.12.2 may be used only under the circumstances described at Subsection 25-1700.32.12.4o4.

Any application for a new agricultural development that meets the definition of major development at Subsection 25-1700.32.12.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 25-1700.32.12.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one (1) drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-1700.32.12.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Cape May County Clerk.

A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-1700.32.12.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 25-1700.32.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within one hundred eighty (180) calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 25-1700.32.12.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Cape May County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 25-1700.32.12.4m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection 25-1700.32.12.4m above.

Green Infrastructure Standards.

Groundwater Recharge Standards.

Stormwater Runoff Quality Standards.

Stormwater Runoff Quantity Standards.

Stormwater runoff shall be calculated in accordance with the following:

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Site design features identified under Subsection 25-1700.32.12.4f above, or alternative designs in accordance with Subsection 25-1700.32.12.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 25-1700.32.12.7a2 below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 25-1700.32.12.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for Trash Racks, Overflow Grates and Escape Provisions.

Variance or Exemption from Safety Standard.

A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety Ledge Illustration.

Submission of Site Development Stormwater Plan.

Site Development Stormwater Plan Approval.

The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan.

The following information shall be required:

Applicability. Projects subject to review as in Subsection 25-1700.32.12.1c of this section shall comply with the requirements of Subsection 25-1700.32.12.10b and c.

General Maintenance.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

For closed conduits, the design criteria shall be a two (2) year storm frequency as a minimum when not immediately adjacent to the discharge end of the system. When a development's conduit system is located adjacent to the discharge point a five (5) year storm frequency shall be used.

For open channels ten (10) years.

For detention facilities, a twenty-four (24) hour flood with a return period not less than fifty (50) years.

For retention facilities, double the capacity obtained by applying the requirements for detention facilities.

For gutter flow calculations, five (5) years.

For unlined earth channels, the maximum velocity allowed will be two feet (2') per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made to developer and shall be made available to the City Engineer at the time of drainage review.

At transitions between closed conduits and open channels or different types of open channels suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission.

For all flow of forty (40) cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.

Upon receipt by the Planning Board of any subdivisions or site plans calling for the installation of new streets or the extension of old streets, the plats shall be referred to the City Engineer and Chief of Police for review.

The design and location of collector, minor and marginal access streets shall be determined by the Planning Board in their review of the applications so as to conform to the "Schedule of Street Design Standards" (see Figure 10).

The enumerated standards are to be construed as minimum standards and may be increased where, because of high traffic volumes, steep grades or other such reasons, the Planning Board determines that such action is necessary.

In residential subdivisions, the minimum street width required by the attached "Schedule of Street Design Standards"[1] shall only be the minimum of thirty-six feet (36') for certain minor streets designed solely to allow access by residents to their homes. Under no circumstances is the minimum widths of any street in the City of Ocean City to be less than thirty-six feet (36').

No street or road shall be designed which has an elevation at the center line of less than six feet (6') above mean sea level and as indicated by the United States Coast and Geodetic Survey.

Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

Culs-de-sac (dead end streets) should have a center line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than one hundred feet (100') nor longer than six hundred feet (600') and should not provide access to more than twenty-five (25) lots.

Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modification shall include, but not be limited to, widening tile right-of-way of a continuous street through the use of semicircular projections.

Use of reduced paving width may be considered by the Municipal Agency when a cul-de-sac or loop street provides access to twenty-five (25) or fewer lots, where, by reason of topography, physical features or other conditions of the reduced paving width would substantially reduce disruption of the development's environment.

Functional Classification of Existing Streets.

A marginal street meeting the classifications herein for a local street shall be provided along each collector, or arterial highway, and shall be separated from the collector or arterial highway by a landscaped strip at least twenty-five feet (25') in width.

The frontage of all lots abutting the collector or arterial highway shall be reversed so that the lots will front on an internal local street.

All lots abutting collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.

Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the municipal agency.

FIGURE 10: SCHEDULE OF STREET DESIGN STANDARDS

Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

All topsoil shall be stripped from the proposed subgrade. The subgrade when completed, shall be true to the lines, grades and cross sections given on the plan accompanying the road profile.

Embankments (fills) shall be formed of suitable material placed in successive layers of not more than twelve inches (12") in depth for the full width of the cross section and shall be compacted by distributing uniformly over each succeeding layer, or by rolling with a ten (10) ton roller as directed by the City Engineer, to a compaction sufficient to prevent settling.

The roadway base shall conform to the following:

The surface or wearing course shall be bituminous concrete type FABC Mix I-5 with a minimum thickness of not less than one and one-half inches (1-1/2"). The bituminous concrete shall be laid with a self-propelled paving machine approved by the City Engineer.

Pavement shall be installed from curb to curb except in unusual conditions of terrain and where otherwise required as determined by the City Engineer.

Materials, inspection and general requirements which pertain to this section are as follows:

No more than two (2) streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than sixty degrees (60º) (measured at the center line of streets) shall not be permitted.

Local streets should not enter the same side of collector streets at intervals of less than five hundred feet (500'), or arterials at intervals of less than one thousand two hundred feet (1,200').

Street jogs with center line offsets of less than one hundred twenty-five feet (125') shall be avoided. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least three hundred feet (300') between their center lines measured along the center line of an intersected collector; or five hundred feet (500') along the center line of an arterial.

Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or have a center line radius greater than five thousand feet (5,000') for at least five hundred feet (500') from the intersection.

Approaches of any local street to any other street shall:

Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed one thousand feet (1,000').

The Planning Board in all cases may require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

Residential development areas containing more than one hundred fifty (150) lots or dwelling units should have two (2) access points from collector streets or arterial highways.

A tangent at least one hundred feet (100') long shall be introduced between reverse curves on arterial and collector streets.

In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Planning Board.

Cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the City Council to be credited toward the completion of such improvements at such time as the adjacent land develops.

For all purposes of this section, the following terms, phases, words, and their derivations shall have the meaning given therein;

The provisions of this Ordinance shall be administered as follows:

Persons wishing to engage in any business related to tree trimming, pruning, cutting or removing pursuant to the 2009 Tree Experts and Tree Care Operators License Act, are required to engage the services of a New Jersey licensed tree expert and associated tree care operators. This Act exempts public utility employees and their contractors and government employees who are engaged in tree care activities, from abiding by its provisions;

A City mercantile license will be required for those engaging in tree care within the City of Ocean City.

All nonpaved areas adjoining residential, commercial, industrial, public and semi-public buildings shall be suitably landscaped with lawn, trees, shrubs, and other landscape materials. Landscaping plans shall include provisions for watering of landscaped areas, except when it can be shown that indigenous or drought-tolerant species are planted. Such methods shall be adequate and acceptable to the Approving Authority.

In nonresidential zone districts, a minimum of fifteen percent (15%) of the lot or tract area, not including any parking areas or drives, shall be devoted to landscaped open space, which may include existing vegetation.

Whenever possible, natural features will be preserved.

Landscaped areas not dedicated to the City shall be maintained by and at the expense of the owner(s) or an approved agent thereof.

The landscaping plan should observe the following design principles: