Sea Bright City Zoning Code
ARTICLE IX
Design Standards
§ 130-45 Granting or denying applications for development.
[Amended 4-17-1989]
The following design standards shall guide the Construction Official and the Planning Board in granting or denying applications for development, or imposing conditions upon approvals of developments, and shall govern the requirements for the installation of all improvements, whether on-tract or off-tract. If any requirements in this article conflict with the requirements of any other article of this chapter, the requirements set forth herein shall control.
§ 130-46 General improvement standards.
A.
General. All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the Planning Board and Borough Engineer and with all other applicable municipal, county, state and federal regulations. Should improvements be required which are not provided for within the particular sections of this chapter, 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 such instance. Prior to the initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the Planning Board and Borough Engineer.
B.
Standard specifications and construction details. The standard specifications for road and bridge construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the standard construction details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Planning Board, Borough Council and developer or by other applicable municipal, county, state or federal regulations shall govern the completion of the required improvements. Such standard specifications and standard construction details are made a part of this chapter by reference and will not be herein repeated. It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the Engineer, and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirements of this chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county, state or federal regulations shall govern and prevail in the case of conflict between them and the standard specifications or standard construction details. Should the Borough adopt, subsequent to the effective date of this chapter, particular and specific standard construction details for the Borough of Sea Bright, they shall govern and prevail over the standard construction details of the New Jersey Department of Transportation previously referred to.
§ 130-47 General design standards.
A.
Objectives. All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the Borough. Where either or both an Official Map or Master Plan have been adopted, the site plan shall conform to the proposals and conditions shown thereon. The streets, drainage rights-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 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 site plan or subdivision plat and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.
B.
Responsibility for design. With the criteria established by and subject to the review and approval of the Planning Board, all design of a site plan or subdivision is the responsibility of the developer, and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design. The standards set forth in this chapter 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 chapter and the Borough 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 chapter, shall be deemed conclusive.
C.
Design data. To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data, including but not limited to soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data. 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 chapter shall be deemed complete. Nothing contained herein shall be interpreted to prevent the Planning Board 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.
D.
Design standards. When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Borough Engineer prior to beginning his detailed design, for review and approval of his proposed design standards. 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 Borough Engineer.
E.
Waiver of requirements. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein. 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.
§ 130-48 Environmental standards.
A.
As a condition of approval and the continuance of any commercial or multifamily use, occupancy of any structure and operation of any process or equipment, the applicant shall supply to the Planning Board an environmental impact statement for the property. The applicant shall further supply evidence, satisfactory to the Planning Board that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any cost thereof to be borne by the applicant. The Planning Board may require specific operating procedures or methods be followed or that specific types of equipment, machinery or devices be installed if the government agency or testing laboratories examining the proposed operations shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
[Amended 4-17-1989]
B.
Preservation of natural features. No structure shall be built within any drainage or conservation easement or, in their absence, within 100 feet of the top of the bank of a stream. No building shall be constructed within the floodplain of any stream or on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No persons, firms or corporations shall strip, excavate or otherwise remove soil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto or, except as hereinafter specified or pursuant to the terms of any soil removal ordinance. Existing natural features, such as trees, brooks and drainage channels shall be retained. Whenever such features interfere with the proposed use of such property a retention of the maximum amount of such features consistent with the use of the property shall be required wherever possible at the discretion of the Planning Board.
C.
Noise.
(1)
Noise produced within any structure shall not be in excess of the standards set by the Department of Labor, Occupational Safety and Health Administration, Occupational Safety and Health Standards and applicable established federal standards.
(2)
Decibel levels.
(a)
Any noise produced on any premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located:
Frequency Band Cycles Per Second | Sound Pressure Level Decibels re 0.002 dyne/am2 |
|---|---|
20 to 75 | 69 |
75 to 150 | 54 |
150 to 300 | 47 |
300 to 600 | 41 |
600 to 1,200 | 37 |
1,200 to 2,400 | 34 |
2,400 to 4,800 | 31 |
4,800 to 10,000 | 28 |
(b)
If the noise is not smooth and continuous, but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
D.
Air pollution. All standards and provisions of the New Jersey State Department of Environmental Protection Air Pollution Control Codes, as amended or supplemented, shall be complied with.
(1)
Smoke. In any nonresidential zone, smoke shall not be emitted into the open air from any fuel-burning equipment in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 4, Control and Prohibition of Air Pollution by Smoke, as amended or supplemented.
(2)
Solid particles.
(a)
In any zone, there shall be no discharge of solid particles through a stack, duct or vent in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 7, Control and Prohibition of Solid Particles, as amended or supplemented.
(b)
No open burning shall be permitted in any zone, except in compliance with the New Jersey State Department of Environmental Protection Air Pollution Control Code, Chapter 2, Control and Prohibition of Open Burning, as amended or supplemented.
(c)
All incinerators shall be approved by the New Jersey Department of Environmental Protection and comply with all standards and provisions of the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 11, Control and Prohibition of Air Pollution from Incinerators, as amended or supplemented.
(d)
No coal or coke shall be used to heat or cool any building or used in any process.
(e)
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficiently to minimize the generation of dust from the movement of such vehicles or equipment.
E.
Odors. In any zone, odorous material shall not be emitted into the atmosphere in quantities sufficient to be detected without instruments or in excess of the standards and provisions set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 6, Prohibition of Air Pollution, as amended or supplemented. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
F.
Liquid waste. No liquid waste shall be discharged (directly or indirectly) into any watercourse, except as to conform to federal, state and local statutes, laws, rules and regulations, as amended or supplemented.
G.
Fire and explosion hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
(1)
Approval of the use, structure, process or resulting product or material from the State Department of Community Affairs indicating that adequate safeguards against fire and explosion have been taken or installed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Approval from the appropriate Borough fire prevention officer that the applicant has complied with all applicable Borough fire prevention regulations.
(3)
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
(4)
No machinery or operation shall be permitted which shall cause perceptible earthshaking vibration beyond the property lines of the lot on which the use is located.
§ 130-49 Specific subdivision standards.
A.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
B.
General. The subdivision plat shall conform to design standards that will encourage sound development patterns within the Borough. The subdivision shall conform to all proposals and conditions shown on the Master Plan of the Borough. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on the Master Plan shall be considered in approval of subdivision plats. Where specific proposals are not included in the Master Plan, all streets and drainage rights-of-way shall be on final plat in accordance with N.J.S.A. 46:26B-1 et seq. and will be of such design as will, in the opinion of the Planning Board, lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the following design standards.
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Streets. The arrangement of streets not shown on the Master Plan shall be determined by the Planning Board to meet the following criteria:
(1)
Where appropriate, existing streets abutting the subdivision shall be extended and incorporated into the design of the tract.
(2)
Minor and marginal access streets shall be designed as to discourage through traffic.
(3)
Right-of-way widths.
(a)
Right-of-way widths shall be measured from lot line to lot line; graded widths and paving widths shall be not less than the following unless otherwise indicated on the Master Plan:
[1]
Type of street: right-of-way width; cartway width; grading width.
[2]
Major highways: standards of the State Department of Transportation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[3]
Major streets: 80 feet right-of-way width; 56 feet cartway width; full width grading.
[4]
Collector streets: 60 feet right-of-way width; 36 feet cartway width; full width grading.
[6]
Marginal access streets: 40 feet right-of-way width; 24 feet cartway width; full width grading.
(b)
The widths of internal streets in a multifamily, business or industrial development designed as a whole in accordance with a comprehensive site plan shall be determined by the Planning Board in each case in light of the circumstances in the particular situation and with a view to assuring the maximum safety and convenience of access for traffic and fire-fighting equipment, circulation and parking, including provisions for the loading and unloading of goods.
(4)
No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the Borough Council under conditions approved by the Planning Board.
(5)
Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this chapter shall dedicate sufficient additional width along either one or both sides of the road to comply with such requirements.
(6)
The longitudinal grade of proposed streets shall not be less than 0.5%, shall not exceed 4.0%, in the case of the major and collector streets, and 10.0% in all other cases. All streets shall have a crown of not less than six inches.
(7)
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60º. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
(8)
Street jogs with center line offsets of less than 125 feet shall be prohibited.
(9)
When connecting street lines deflect from each other at any point by more than 10º and not more than 45º, they shall be connected by a curve with the radius of the street line of not less than 100 feet for minor streets and 300 feet for arterial and collector streets. Any horizontal curve or change in direction of a minor street from 45º to 180º, other than an intersection, shall have a minimum radius of the street line of 150 feet. Collector and arterial streets, in this case, shall have a minimum radius of 300 feet.
(10)
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(11)
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet on the property line and a minimum of thirty-six-foot cartway radius and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(12)
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
D.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Article VII of this chapter and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
(3)
For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
E.
Lots.
(2)
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(3)
Each lot must front on an approved street which meets the requirements of this chapter.
(4)
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(5)
Where there is a question as to the suitability of a lot or lots for their intended use due to factors, such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
F.
Public use and service areas.
(1)
Where appropriate, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be of width deemed appropriate by the Borough Engineer and located in consultation with the companies and/or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such width or construction, or both, as will be adequate for the purpose as determined by the Planning Board.
(3)
Natural features, such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
§ 130-50 General site and building design review standards.
[Amended 4-17-1989]
The following standards shall be utilized by the Planning Board in reviewing all plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method and review for the reviewing authority. These standards shall not be regarded as inflexible requirements and are not intended to discourage creativity, invention and innovation.
A.
Site. For site planning and development purposes, a development site may be composed of more than one lot.
B.
Hazards. The development shall not be such as to create inherent hazards to the property or the health, safety and general welfare of the proprietors, employees, users, residents or the public.
C.
Recognition of existing development. The development shall provide for the definite recognition and functional integration with existing development within the zone or plans for new development which have already proceeded and have been approved in accordance with the provisions of this chapter.
D.
Access to streets. Each development site shall abut and have permanent access to an improved dedicated public street or highway.
E.
Access to buildings. Adequate access to buildings on the development site for emergency equipment and personnel and outside services shall be provided.
F.
Pedestrian access. Safe and convenient means of pedestrian access to all uses on the site shall be provided. Pedestrian access to dwelling units provided shall be in such a manner that passage through any nonresidential uses of the site is not necessarily required for residents or their guests.
G.
Utilities. Utilities and similar facilities shall be adequately provided by the owner/developer to serve the development. Connection to publicly-owned or publicly-regulated water supply and sewage disposal systems which have been certified to have sufficient capacity to serve the development shall be required. Utilities shall be placed underground wherever possible.
H.
Subdivision. Where the undertaking of the development involves prior proceedings for subdivision, approval of such subdivision shall not in any way be construed to imply tacit or other approval of the development.
I.
Surface water drainage.
[Amended 2-18-1997 by Ord. No. 50-97; 9-20-2005 by Ord. No. 17-2005]
(1)
Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Stormwater shall be removed from all roofs, canopies and paved areas and shall be carried away in an efficient and approved manner. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.
(2)
Stormwater management and drainage standards shall conform to Article XVI, Surface Water Runoff.
(3)
Review of stormwater management structures. The Borough Engineer shall review and make recommendations to the Planning Board to assure compliance to the greatest extent practicable of these regulations. Design exceptions shall be made only upon application by the applicant, provided that they are feasible, an alternative stormwater attenuation program is provided by the development and; further, provided that development subject to the Coastal Area Facility Review Act (N.J.S.A. 13:19-1 et seq.) shall conform with requirements established under said Coastal Area Facility Review Act (CAFRA) regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Operations and maintenance. Detention basins and appurtenance stormwater facilities shall be properly operated and maintained by property owners of all commercial, industrial and other nonresidential development and multifamily development. The operation and maintenance of on-site detention basins and pertinent facilities shall be included as a condition of approval. It shall run with the land to successive owners. An easement shall be granted to the Borough for emergency access for operation and/or maintenance with the cost of such operation and/or maintenance to be refunded by the owner. Payment for such emergency operation and maintenance shall be subject to a lien on the property.
J.
Advertising features. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the design of proposed buildings and structures and the surrounding properties.
K.
Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated site design and the surrounding properties.
L.
Outdoor lighting.
(1)
Outdoor lighting shall be so designed as not to cause glare upon adjoining residential property or interfere with vehicular traffic.
(2)
Glare control.
[Added 12-15-1998 by Ord. No. 94-98]
(a)
Any process which produces spill light shall be kept at a minimum and glare controlled with lenses, louvers or shields so as to minimize objectionable glare to any point beyond the lot line.
(b)
Parking areas that are in use after dark shall be so situated so as to provide maximum shielding and concealment of lighting from adjoining properties. Luminaries for lighting of any sign, building exterior, fountain decorative fixture, pathway, driveway or recreational facilities shall be placed in such a manner that the lighting is directed only toward the object to be lighted and does not disseminate glare.
(c)
This section shall not be construed to prohibit lighting required by police or other enforcement agencies for the safety and protection of employees and of the general public, nor shall this section be construed as to limit the use of exterior light sources in time of emergency or under such circumstances as shall be determined by the enforcing authority to require their use.
M.
Application of design standards. The standards of review outlined above shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to the major building or structure.
§ 130-51 Design standards for specific uses.
[Amended 1-25-1982; 10-17-1983; 2-6-1984; 4-17-1989]
A.
Multifamily B.
(1)
Any multifamily B development shall be substantially in accordance with the Master Plan and shall consider the surrounding land features of the area, including but not limited to residences; schools; parks; other reservations of open spaces; locations, width and grade of streets and location and arrangement of parking spaces; local and regional business areas and shopping centers; densities proposed for surrounding areas; and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
(a)
If the development of multifamily units is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of Article VII of this chapter shall be fully complied with at the completion of any stage.
(b)
The developer shall assure the provision of required improvements by means of a proper completion guaranty in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements. The work shall be performed in accordance with all requirements and approved plans.
(c)
The minimum lot size upon which any Multifamily B development may be erected shall be one acre.
[Added 2-6-1984]
(3)
The area shall be adaptable to community development being located in relation to major thoroughfares, streets, shopping or other facilities and, as far as possible, shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
(4)
Distance between buildings.
(a)
In layout of multifamily units on a lot or tract of land, the following minimum distances shall be maintained:
[1]
Between all main buildings and detached accessory buildings: 20 feet.
[2]
Between the ends of all buildings, where walls are parallel to each other: 40 feet.
[3]
Between the ends of all buildings, where walls are parallel to each other and driveways are introduced in order to reach parking areas: 50 feet.
[4]
From the front facade of a structure to the front or rear of an opposite structure where walls are parallel: 50 feet.
[5]
From the rear facade of a structure to the rear facade of an opposite structure where walls are parallel: 50 feet.
[6]
From the front facade of a building to the side wall of an adjoining building where walls are parallel: 40 feet.
The term "parallel" as used in this section shall include the meaning approximately or approaching parallel position, but in any event the deviation from true parallel shall not exceed 20º, provided that, in the event of cluster-type development, the distance shall be as approved by the Planning Board in its site plan approval. |
(5)
Dwelling units per acre. There shall be no more than four dwellings units per developable acre. Land deemed unsuitable for development shall not be included in determining the total number of dwelling units. "Developable area" means all that area included within and contiguous to the site which is an integral part of the site design, including but not limited to structures, parking areas, access driveways, walkways, recreation area, common areas, open spaces and any other area devoted to the aesthetic considerations conducive to the development.
[Amended 10-17-1983; 4-17-1989]
(6)
Height of building. No building shall exceed the height of 35 feet.
(a)
When a structure is built or raised to a minimum of three feet above the base flood elevation, then the height limit of the structure shall be revised to 38 feet in building height. The height limitation of 38 feet may be increased to a height not to exceed 42 feet only upon demonstration by the applicant that the additional height is necessary in order to allow an existing building to reach three feet above BFE; upon such demonstration the Borough will grant this as a design waiver and will not require the applicant to seek any type of site plan and/or variance relief. Otherwise, the building height of any structure shall not exceed 38 feet. Any application wherein the proposed building height of the structure would exceed 38 feet shall require the applicant to seek the appropriate variance relief.
[Added 6-2-2009 by Ord. No. 9-2009; amended 2-19-2013 by Ord. No. 3-2013; 3-17-2015 by Ord. No. 3-2015; 11-7-2018 by Ord. No. 10-2018]
(7)
Service. Areas for loading and unloading delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other service shall be so arranged that they may be used without blockage or interference with the use of the accessways or automobile parking facilities.
(8)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the development without undue congestion to or interference with normal traffic flow. The Planning Board shall satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic engendered by the townhouse.
(9)
Utilities. All buildings within the development shall be served by a public sanitary sewage disposal system and public water supply or available public utilities.
(10)
Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of residents.
(11)
Landscaped planning shall be provided around buildings, parking areas and as otherwise required by this chapter, as well as along the perimeter of land occupied by multifamily development.
(12)
Open space. The developer shall be required, where possible, to preserve or incorporate natural features which add to the overall development of the area. However, all conditions deemed hazardous by the Planning Board, including natural feature hazards, are to be eliminated, or all precautions deemed appropriate by the Planning Board to reduce hazard are to be provided by the developer. Under no circumstances shall the impervious surface of the entire lot be permitted to be more than 70% of the lot.
[Amended 4-17-1989]
(13)
Recreation. The developer shall provide community areas, laundry facilities, playgrounds, tot-lots and other services necessary for the comfort and convenience of residents.
(14)
Fire walls shall be provided between adjacent units, running to roof.
(15)
Trash and garbage collection. The owners of any Multifamily B complex shall provide for collection of garbage from central points three times per week. Central points shall be located internally to the site so as not to be visible from any public street. They shall be effectively screened by a fence and/or hedge at least six feet high and not more than 40% open.
(16)
Heating. Before construction, the developer must produce an affidavit from a heating engineer certifying that each dwelling unit can maintain an inside temperature of 70º F. with an outside temperature of 10º F.
(17)
Storage. The developer shall provide an additional space of a minimum of 300 usable cubic feet for each multifamily dwelling unit separate from the normal closet space, for the storage of items not necessary to everyday living requirements and where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.
(18)
Interior roads shall be so designed as to minimize hazards to pedestrians and to motor vehicles operating on roads within the proposed development and on roads in adjacent areas.
(19)
Off-street parking areas shall not open up directly onto collector streets but shall be provided with access drives. Such access drives shall have a paved cartway width of not less than 20 feet. Access drives shall not serve as part of a specified parking area and shall be kept clear of parked vehicles. All access drives and parking areas shall be provided with curbing.
(20)
Pedestrian walks shall be not less than four feet in width and shall be provided wherever normal pedestrian traffic will occur. All sidewalks shall meet the engineering standards specified by the Municipal Engineer.
(21)
Each dwelling unit shall contain complete kitchen, toilet, bathing and washing facilities, constructed of sound-deadening materials and shall have a minimum habitable floor area in accordance with the following:
(22)
The distance between townhouse dwelling unit buildings shall not be less than 20 feet. Where possible, the design layout of proposed multifamily structures shall be such that the front of one structure does not face the rear of another.
(23)
No building containing dwelling units shall be closer than 20 feet from any proposed interior street.
(24)
All townhouse developments shall be provided with a liberal and functional landscaping scheme. Open space adjacent to buildings and malls between buildings to be utilized by residents and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick strand of grass or other plant material. Approaches to townhouse dwelling structures and entrance areas shall be provided with trees and attractively shrubbed. Areas not used for buildings, terrace, drives and parking spaces shall be seeded or landscaped and shall be kept in an attractive condition.
(25)
Topsoil and sand shall not be removed from the site during construction but shall be stored and distributed to areas most exposed to view of occupants and the public and such areas shall be stabilized by seeding and planting.
(26)
Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings. Lighting shall be so arranged as to reflect away from any adjoining properties.
(27)
The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff of stormwaters and avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.
(28)
No parking accessory to the use shall be located across a street from the development.
(29)
Density, bulk, height, lot and yard requirements:
(a)
No Multifamily B townhouse developments shall exceed a maximum density of four dwelling units per acre.
(b)
The maximum building height of a principal building shall be 35 feet; for any accessory building 15 feet.
(c)
The minimum lot frontage along the improved road shall be not less than 150 feet.
(d)
The minimum lot depth shall be not less than 125 feet.
(e)
The minimum front yard setback shall be not less than 35 feet.
(f)
The minimum rear yard setback shall be not less than 25 feet.
(g)
The minimum side yard setback shall be not less than 25 feet on either side.
(30)
There shall be no dwelling units below the required first floor elevation.
B.
Marinas.
(1)
The minimum lot area (land area only) shall be 20,000 square feet unless otherwise required.
(2)
The marina may provide fueling facilities, provided that fuel storage tanks are located underground.
(3)
The marina may provide for the sale of boats, boating equipment, accessories and parts and may also provide for the storage of boats. No boats shall be stored out of doors closer than 15 feet to any adjoining residential property line. Rack storage is prohibited.
(4)
Boat repairs of a minor and emergency nature and normal maintenance work may be performed.
(5)
Locker space may be provided for the storage of equipment of boat owners.
(6)
The sale of food shall be permitted, provided that it is in conformance with all provisions of this chapter.
(7)
An apartment dwelling unit or dwelling unit as part of the primary structure on the lot may be permitted on the premises.
C.
Public utility substations. Proof shall be furnished:
(1)
That the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
That the design of any building in connection with the facility conforms to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(3)
That adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn are provided and will be periodically maintained.
(4)
That they will comply with all the area and bulk requirements of the zone in which they are proposed to be located.
D.
Gasoline service stations.
(1)
Gasoline service stations shall comply with all the area and bulk requirements of the zone in which they are proposed to be located.
(2)
All fuel pumps shall be located at least 30 feet from any property line.
(3)
No vehicles shall be permitted to be standing or parked on the premises of a gasoline service station other than those used by the employees in the indirect or direct operation of the establishment.
(4)
Driveways shall cross the sidewalk at right angles and shall not be more than 24 feet wide at any point. Driveways must be at least 15 feet from any side lot line and 25 feet from any intersection. No more than two driveways shall be permitted for each 100 feet of street frontage.
(5)
The entire area of the site traversed by motor vehicles shall be paved.
(6)
A planting strip, suitably landscaped, shall be provided between curb cuts and along property lines.
(7)
No gasoline service station shall be located within 1,000 feet of any public entrance to a church, school, library, hospital, fire station, existing gasoline service station, park, playground, charitable institution or place of public assemblage. The distance shall be measured in a straight line along the center lines of streets forming the shortest route from a point opposite the nearest side boundary from the public entrance to a point opposite the nearest boundary of the service station or garage lot. No gasoline service station shall be located at the intersection of any two existing or proposed major or collector streets as indicated upon the Master Plan of the Borough.
(8)
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out of doors.
(9)
Coin-operated service stations are not permitted.
(10)
Permitted sign and advertising devices shall be permitted as follows: accessory goods for sale may be displayed on the pump island and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands if provided for in a suitable metal stand or rack.[1]
[Amended 12-15-1998 by Ord. No. 94-98]
E.
Helistops.
[Added 7-15-2003 by Ord. No. 10-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
The helistop shall have minimum area and bulk requirements consistent with the minimum requirements of the New Jersey Bureau of Aeronautics and the Federal Aviation Administration (FAA), subject to their inspection and approval
(2)
The helistop must have ground cover of a semipermeable or permeable character, such as gravel or well-watered turf, that allows water to flow through it and that does not allow for the blowing of dust and other particulate substances when the helicopter is landing or taking off.
(3)
Site security measures are to include a fence of not less than four (4) feet in height on three sides and/or security personnel, employed by the user, to supervise takeoffs and landings for safety purposes and subject to the approval of the New Jersey Bureau of Aeronautics.
(4)
The helistop shall have marking indicators, lighting and navigational devices consistent with the requirements of the Federal Aviation Administration (FAA) and New Jersey Bureau of Aeronautics, subject to their inspection and approval.
(5)
The helistop shall have a wind sock or equivalent consistent with the requirements of the Federal Aviation Administration (FAA) and New Jersey Bureau of Aeronautics, subject to their inspection and approval.
(6)
The helistop shall specifically exclude, and it shall be prohibited to conduct or allow, maintenance, fueling, storage of fuels or helicopter parking or storage. The helicopters shall only be permitted on the helistop for loading and discharging of passengers, not to exceed 15 minutes on the ground, except in cases of emergency. Emergency use can be so declared by the Mayor of Sea Bright, the Chief of Police of Sea Bright and the Deputy Chief of Police of Sea Bright or their designees.
(7)
The user shall provide a detailed and proposed plan describing the use and activity of the helistop, as measured in flights per day, hours of operation and any other pertinent information. In no circumstances shall the plan exceed a maximum of four flights per day (2 landings and 2 takeoffs), and the hours of operation shall not exceed 6:00 a.m. through 10:00 p.m., except in declared emergency use circumstances.
(8)
The helistop shall comply with any and all other requirements that may be placed upon a helistop by the Federal Aviation Administration (FAA), the New Jersey Bureau of Aeronautics or the Borough of Sea Bright.
F.
Bulkheads.
[Added 11-17-2014 by Ord. No. 14-2014]
(1)
This subsection applies to locations that abut the Shrewsbury River and/or the Sandy Hook Bay. In areas where beach exists along the river, new bulkheads will not be required; however, previously existing bulkheads and any new bulkheads shall be maintained and improved in accordance with the provisions below and shall be located in the same line as the abutting bulkhead to the north and south, permitting beach to the west of said bulkhead.
(2)
Notwithstanding the provisions of § 130-35C, in the case of previously existing bulkhead structures, destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of less than 50% of the linear foot of total bulkhead on the property, then such destruction shall be deemed to be "partial destruction" and may be rebuilt, restored or repaired. Nothing in this subsection shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by a Borough official or other competent legal authority having jurisdiction.
[Amended 4-5-2022 by Ord. No. 03-2022]
(3)
All newly constructed bulkheads, bulkheads repaired that exceed more than 50% of the linear foot of bulkhead on the property, and damaged bulkheads that are not "partially destroyed," as defined above in Subsection F(2), shall be constructed at a minimum elevation of seven feet (NAVD 88) and shall be constructed of steel, aluminum, vinyl or other approved material. All connections to adjacent bulkheads shall be constructed in a manner to provide a watertight connection. All bulkhead designs and connections shall be designed by a professional engineer, licensed in the State of New Jersey.
(4)
All existing bulkheads that are damaged to a condition that can be determined as "partial destruction" as defined above in Subsection F(2), can be rebuilt, restored or repaired to existing conditions.
(5)
All property owners requesting permits to construct new bulkheads or repair existing bulkheads shall be required to submit all plans to the municipal Zoning Officer.
(6)
Bulkhead construction is subject to review by CAFRA and/or Waterfront Development and/or the Coastal General Permit Process.
G.
Bulkhead maintenance.
[Added 10-20-2020 by Ord. No. 9-2020]
(1)
Maintenance and duty to repair.
(a)
The owner of any property upon which any bulkhead has been or will be constructed hereafter along any navigable waters within the Borough shall keep and maintain the same in such a state of repair so that it shall not pose a danger to the public health, safety and welfare or to the public use of navigable waterways.
(b)
All bulkheads shall be kept in a state of repair which will prevent erosion or damage to abutting, adjoining, or adjacent properties or to the navigable waterway on which it fronts.
(c)
The owner of any such property shall make necessary repairs and maintain the bulkhead, including but not limited to filling in of land around and about the same to the grade above mean high tide as established in that area so as to prevent tidal erosion and damage thereto.
(d)
Indications that a bulkhead has deteriorated shall include but shall not be not limited to:
[1]
Members which are leaking;
[Amended 12-15-2020 by Ord. No. 11-2020]
[2]
Holes in the sheet piles;
[3]
Settlement or sinkholes in the ground landward of the bulkhead;
[4]
Bulkhead backfill deposited in the lagoon seaward of the bulkhead; and
[5]
Any other indications that it is structurally unsafe or unsound.
(e)
Whenever a bulkhead has deteriorated to such a degree that it poses a danger to the property or to abutting, adjacent, or adjoining properties, or to the navigable waterway on which it fronts, the owner shall be required to make necessary repairs to correct such conditions.
(2)
Inspection by Borough Engineer.
[Amended 12-15-2020 by Ord. No. 11-2020; 4-5-2022 by Ord. No. 03-2022]
(a)
It shall be the duty of the Borough Engineer, from time to time, to inspect all waterfront bulkheads in the Borough and to report to the Council and notify the owners and occupants of the property on which the bulkhead is located of the existence of any dangerous or defective condition therein; thereafter, it shall be the duty of the owner of said property to replace, remedy or repair any such dangerous and defective condition.
(b)
When notified by the Borough Engineer of a defective or deteriorated bulkhead, the property owner shall submit a plan of corrective action to the Borough Engineer no later than 90 days from the receipt of the notice.
(c)
If permits are required from state or federal government agencies, such permits shall be immediately applied for, prior to Borough approval of the plan of corrective action. In the event the property owner fails to submit a corrective action plan, fails to file for any necessary state or federal permit, or fails to implement such plan following approval by the Borough, he shall be liable for the penalties and violations contained herein.
(d)
Upon approval of the plan of corrective action that provides for repair of a bulkhead, such repairs shall be completed within six months; should the plan provide for replacement of a bulkhead, the property owner shall complete the bulkhead replacement within one year.
(e)
Upon the neglect or failure of any such owner to repair or remedy such dangerous or defective condition within the time period set forth in Subsection G(2)(d) hereof, the Borough Engineer shall give written notice of the work required to be done to the owner or owners of such lands by mail, if their address be known, or, if not known, then by posting such notice upon the property affected thereby, or by leaving the same with any occupant thereof; or by personal service, if the owner be a resident of and present within the Borough.
(f)
Such notice shall provide for allowing the owner 60 days within which to perform the work thereby required. In the event that the owner is required to obtain a permit or approval from the New Jersey Department of Environmental Protection (NJDEP), the owner must provide proof within the sixty-day period that such permit or approval is required and that the appropriate permit has been applied for. The owner must further provide documentation to the Borough that any required permits are being diligently pursued. Failure to complete the required repairs within six months after receipt of the appropriate permit from the NJDEP shall constitute a violation of this article.
(3)
Repair by Borough; costs established as a lien.
(a)
If the owner in question fails to abate the condition described in a notice from the Borough Engineer, after receipt of notice and within the timeframes herein established, the Borough Engineer shall cause the condition to be abated and shall certify the cost to the Borough Council, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
(b)
The costs of abatement shall be in addition to any penalties imposed for any violation of this subsection. In addition to the actual costs incurred by the Borough for labor and the use of Borough equipment, or the costs of contractors procured by the Borough, the lien shall also include an administrative fee in the amount of $2,500, which shall be included in said lien to cover the Borough's administrative and legal costs in addressing and abating the aforesaid conditions.
(4)
Violations and penalties. Any person violating any of the provisions of this subsection shall be subject of a fine not to exceed the sum of $2,000 and/or imprisonment not to exceed 90 days for each violation. Each day of a violation shall be a separate offense and shall be punishable as a separate offense.
(5)
Appeals. Any person aggrieved by any ruling of the Borough Engineer may appeal from any such ruling to the Borough Council, within 30 days from the date of the ruling.
[Amended 4-5-2022 by Ord. No. 03-2022]