Sea Isle City City Zoning Code
ARTICLE IV
General Requirements
§ 26-17.1 Applicability.
[Ord. No. 1038 § 400.01]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, and no land shall be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth by this chapter.
§ 26-17.2 Encroachment and Reduction.
[Ord. No. 1038 § 401; Ord. No. 1125 § 2]
a.
No space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building location, density, off-street parking and other regulations contained in this chapter as they apply to the zone in which the building or use is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.
b.
A one (1') foot encroachment of stairs is only permitted into the side or front yard setbacks if the main entrance foyer for a unit is at or above flood elevation, providing the one (1') foot freeboard is used as the referenced level.
§ 26-17.3 Variances.
[Ord. No. 1038 § 401]
The provisions of N.J.S.A. 40:55D-70 shall be applicable. A variance shall end two (2) years from the date granted.
§ 26-17.4 Non-Conforming Uses and Structures.
[Ord. No. 1038 § 402; Ord. No. 1590 (2016)]
a.
The provisions of an N.J.S.A. 40:55D — 68 shall be controlling and read in pari materia to the regulating sections contained herein.
b.
Any building which houses a non-conforming use and which suffers any damage from fire, storm or other casualty, may be repaired or restored to its pre-existing condition. Such repair or restoration may include improvements required by the (then) current building codes.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
Such repair or restoration must commence within twelve (12) months of the events which caused the damage. The physical operation of the non-conforming use shall be deemed to have intentionally ceased and discontinued if (in the event that such use is not carried on without interruption in an undamaged portion of the building) repair or restoration is not commenced within the twelve (12) month timeframe, or if such repair or restoration is not, in the opinion of the Zoning Official, diligently pursued.
c.
Any building housing a conforming use, but as a structure does not conform to the building requirements of the applicable zone, and which suffers any damage from fire, storm or other casualty, may be repaired or restored to its pre-existing condition. Such repair or restoration may include improvements required by the (then) current building codes. Such repair or restoration must commence within twelve (12) months of the events which caused the damage.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
d.
In the event of voluntary demolition (not damaged by fire, storm or other casualty) all uses and buildings on such lands shall be in conformance with the applicable regulations for the zone so situate or shall require prior approval by the Zoning Board of Adjustment.
e.
The City recognizes that structures in a coastal barrier island require ongoing maintenance, therefore, nothing herein shall be deemed to prevent normal maintenance, repair or refurbishment of any building, or the carrying out of major structural alterations deemed, in the opinion of the Construction Official, necessary to public safety, including but not limited to flood prevention, damage and injury control.
§ 26-18.1 Trailers and Similar Uses Prohibited.
[Ord. No. 1038 § 403.01]
The following are hereby prohibited throughout the jurisdictional limits of the City:
§ 26-18.2 Garage Apartments Prohibited.
[Ord. No. 1038 § 403.02]
The use of accessory buildings, attached or unattached to the principal building, for dwelling purposes of any nature is prohibited in all districts.
§ 26-18.3 Boats, Houseboats, Floating Homes, and Floating Home Marinas.
[Ord. No. 1038 § 403.03]
Boats, houseboats or floating homes shall not be occupied as dwelling units and no floating home marina shall be permitted in any zone within the City.
§ 26-18.4 Use of Area Below Base Flood Elevation.
[Ord. No. 1038 § 403.04; Ord. No. 1261 § III; Ord. No. 1489 (2010) § IV]
In the event that an owner of a residential unit encloses the area below the base flood elevation, that area shall be used only for crawl space or parking. In any zone, the top of any floor of any parking area or crawl space area of a building shall be set at a minimum of six (6") inches above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb.
Crawl space shall be defined as unfinished area below flood and shall have no direct access to the parking area or habitable area above flood and in all respects shall be compliant with Enclosure Openings, Chapter 14 subsection 14-5.6.
§ 26-18.5 Entrance to Loft Areas.
[Ord. No. 1038 § 403.05]
All entrances to loft areas shall be interior entrances. Exterior entrances to these areas are prohibited.
§ 26-18.6 Freestanding Decks.
[Ord. No. 1038 § 403.06]
Freestanding decks are prohibited except when constructed as a carport.
§ 26-18.7 Enclosed Foyers.
[Ord. No. 1421 § I; Ord. No. 1424 § I]
Enclosed foyers below base flood elevation in residential structures are prohibited within the City. Enclosed foyers shall not include screened or otherwise open porches.
§ 26-18.8 Garage Doors.
[Ord. No. 1421 § I; Ord. No. 1424 § II]
Garage doors are prohibited within the zones designated as "V" on the Coastal Base Flood Elevation Map.
§ 26-18.9 Use of Marijuana.
[Added 3-26-2019 by Ord. No. 1630]
§ 26-18.9.1 Factual Determinations and Statement of Policy.
City Council finds and determines that:
a.
The City of Sea Isle City ("City") has a comprehensive Master Plan and development ordinances implementing that Master Plan.
b.
The City Council has determined that businesses and enterprises manufacturing, selling, or distributing medicinal and recreational marijuana, or the growing or cultivation thereof, are not currently a permitted use in any zoning district within the City, and, since such businesses and enterprises require special concern for security and location and because of such special concerns for security, the City desires to ensure that any such facilities are not allowed and continue to be prohibited in each of the several zoning districts within the City.
c.
Other states that have legalized the use of medicinal or recreational use of marijuana have experienced very negative results which are detrimental to the public health, safety and welfare. Recent studies published in October 2018 show that both police-reported car crashes and accident-related insurance claims jumped in Colorado, Nevada, Oregon and Washington following enactment of legislation legalizing marijuana sales and use compared with their neighboring states of Idaho, Montana, Utah, and Wyoming, which still prohibit marijuana. These studies were done by the Insurance Institute of Highway Safety (IIHS) and the Highway Loss Data Institute (HLDI) and found that police-reported car crashes rose 5.2% and insurance claims for car accidents rose 6% in those four states where the sale and use of marijuana has been legalized.
d.
The clear implication based on the IIHS and HLDI studies indicates that legalizing marijuana for all uses is having a negative impact on the safety of our roads. This is particularly so in light of the fact that there is no currently established legal limit for driving under the influence of marijuana and there is also no widely accepted roadside test to determine marijuana usage.
e.
After due consideration, City Council is of the opinion that there is no area within the City which can safely house a business or enterprise or other activity engaged in manufacturing, selling, or distributing medicinal or recreational marijuana and/or the paraphernalia that facilitates the use of such marijuana.
f.
City Council is of the further conclusion that the terms "home occupations and professions," "retail stores and shops," "personal service shops/establishment," and "convenience stores and supermarkets" do not include, and shall not be construed or interpreted in such manner as to be deemed to permit, the medicinal or recreational sale of marijuana or its manufacture or distribution.
§ 26-18.9.2 Marijuana and Paraphernalia Prohibited in All Districts.
a.
Any business or enterprise of any nature whatever that is engaged in the manufacture, sale or distribution of medicinal or recreational marijuana, cannabis, or any product containing tetrahydrocannabinol (THC), or their derivatives, including the growing or cultivation thereof, and/or the paraphernalia that facilitates the use of such marijuana, is prohibited in all zoning districts.
b.
Exception. This section is not intended to prohibit or otherwise restrict the dispensing of any pharmaceutical medication or other legal substance by a pharmacy or drugstore under the supervision of a licensed pharmacist, which medication or substance is lawful to dispense under the laws of this state or the United States, when the medication or substance being dispensed has been prescribed by a licensed physician or other duly licensed and authorized medical provider or health care practitioner; and further provided that such pharmacy or drugstore is a permitted use in that zone.
§ 26-18.9.3 Prohibition of Cannabis Establishments.
[Amended 5-11-2021 by Ord. No. 1667]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all commercial nonmedicinal and medicinal cannabis uses, operations, and activities, including but not limited to, cultivation, dispensaries, distribution, deliveries, manufacturing, processing, microbusinesses, storing, laboratory testing, packaging, labeling and transportation facilities are prohibited uses anywhere within the City of Sea Isle City.
§ 26-19.1 Building Lot to Abut Street.
[Ord. No. 1038 § 404.01; Ord. No. 1431 § CIX]
No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be:
a.
An existing State, County or City street or highway, or
b.
A street shown upon a plat approved by the Planning Board, or
c.
A street on a plat duly filed in the office of the County Recording Officer prior to the passage of an ordinance under the State Highway Access Management Act or any prior law which required prior approval of plats by the Governing Body or other authorized body.
§ 26-19.2 Permit Conditions.
[Ord. No. 1038 § 404.02; Ord. No. 1431 §§ CX, CXI]
Before any such permit shall be issued:
a.
Such street shall have been certified to be suitably improved to the satisfaction of the Administrator, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the Administrator or his/her designee, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street; and
b.
It shall have been established that the proposed access conforms with the standards of the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act in the case of a State highway, with the standards of any Access Management Code adopted by the County under N.J.S.A. 27:16-1 in the case of a County road or highway, and with the standards of any City Access Management Code adopted under N.J.S.A. 40:67-1 in the case of a City street or highway.
§ 26-20.1 Buildable Lots.
[Ord. No. 1038 § 405.01; Ord. No. 1112 § 1]
The owners of a lot that does not meet the applicable minimum lot size requirements, but that was lawfully created prior to the effective date of this chapter[1] may construct improvements thereon without a variance, provided that:
§ 26-20.2 Use Limitation.
[Ord. No. 1038 § 405.02; Ord. No. 1140 § 1]
Any residential development on buildable substandard lots in any district shall be limited to single family detached dwellings. The variance that is required is a bulk variance pursuant to N.J.S.A. 40:55D-70(c).
§ 26-20.3 Other Lots.
[Ord. No. 1038 § 405.03; Ord. No. 1432 § I; Ord. No. 1462 (2009) § I]
No improvements may be constructed on any lot containing fewer than three thousand five hundred (3,500) square feet, or having a frontage less than thirty-five (35') feet, or having a depth less than seventy (70') feet. This section does not apply to the C-1, C-2, C-3 and C-4 and C-5 Districts, and lots in said districts may be improved, consistent with requirements in the applicable zone.
§ 26-21.1 Principal Buildings or Structures.
[Ord. No. 1038 § 406.01; Ord. No. 1125 § 3; Ord. No. 1261 §§ IV, V; Ord. No. 1432 § II; Ord. No. 1489 (2010) § V; Ord. No. 1538 (2013) § 2; Ord. No. 1554 (2013) § 10]
a.
Unless specified in the regulations of a particular zoning district, the height of principal buildings or structures in all residential districts and residential structures in nonresidential districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2 where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
b.
Unless specified in the regulations of a particular zoning district, the height of principal nonresidential buildings or structures in all commercial districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
c.
A "pitched roof" shall have a minimum pitch of four (4") inches vertical for every twelve (12") inches horizontal. A structure with a roof slope of fewer than four (4") inches vertical for every twelve (12") inches horizontal shall be considered to have a flat roof.
d.
The height of principal buildings or structures in all public use districts shall be as specified in the regulations for each individual district.
§ 26-21.2 Accessory Buildings or Structures.
[Ord. No. 1038 § 406.02; Ord. No. 1261 § VI]
No accessory building or structure shall exceed fifteen (15') feet in height above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb, provided that this height limit complies with all other sections of this Code, including the Flood Damage Prevention chapter.
§ 26-21.3 Elevation of Finished Grade.
[Ord. No. 1383 § III; Ord. No. 1387 (2006) § V]
In order to promote lot drainage, all finished grades shall be higher than curb elevation, except that pilings and foundations may be installed below said curb elevation. In the case of adjacent properties of differing elevations, the property with the higher elevation shall install devices to prevent the flow of water from the higher property to the lower adjacent property. All devices shall be designed by, and the installation shall be approved by, a New Jersey licensed architect or a New Jersey licensed professional engineer. All structures constructed shall comply with the building height restrictions as set forth more particularly herein, regardless of the elevation of the finished grade.
§ 26-22.1 Permitted Occupations.
[Ord. No. 1038 § 407.01]
The following occupations may be permitted in all residential districts as conditional uses. No others are permitted as home occupations.
a.
Artificial flower arranging.
b.
Auditing.
c.
Baby-sitting register.
d.
Bookkeeping.
e.
China repair.
f.
Commercial arts.
g.
Furniture repair.
h.
Jewelry making.
i.
Mailing service.
j.
Mail order business.
k.
Model making.
l.
Nursing register.
m.
Painting and sculpture.
n.
Sewing.
o.
Stenography.
p.
Telephone selling.
q.
Typing.
r.
Weaving.
s.
Woodcrafts and kindred hand-made, woven, carved or molded products.
t.
Writing.
u.
Holder of Home Worker's Certificate, permit or certification issued by either the Department of Labor of the United States or the Department of Labor and Industry of the State of New Jersey, subject to all other provisions and regulations in this chapter.
§ 26-22.2 Limit of Number of Occupations.
[Ord. No. 1038 § 407.02]
Only one (1) such home occupation may be conducted in any premises on any one (1) lot in any residential district. The home occupation shall be permitted as a conditional accessory use only, and it shall be confined entirely within a building on the premises.
§ 26-22.3 Limit of Size.
[Ord. No. 1038 § 407.03]
No more than twenty-five (25%) percent of the gross floor area of a dwelling unit may be used for a home occupation at any time.
§ 26-22.4 Signs Prohibited.
§ 26-22.5 Retail Sales Prohibited.
[Ord. No. 1038 § 407.05]
Any article, thing, goods, wares or merchandise made or created in the course of the pursuit of any such home occupation shall not be sold at retail or advertised for sale at retail by any means or at any place whatsoever, and the floor selling and the floor display of any such products is hereby prohibited excepting in the course of sale or intended sale for purposes other than retail sale.
§ 26-22.6 Power-Operated Machinery Prohibited.
[Ord. No. 1038 § 407.06]
The conduct of work as a home occupation shall be performed without the aid of power-operated machinery of any kind that may cause a disturbance or nuisance to immediate neighbors, unless upon application and consent obtained from the Planning Board for the use of any specified machine or machinery, upon such terms and conditions as the Board may find it necessary to impose to safeguard the comfort and convenience of any other persons who might be affected thereby, and in all cases to preserve the general harmony and residential characteristics of the zone or district.
§ 26-22.7 Specifically Prohibited Occupations.
[Ord. No. 1038 § 407.07]
Any home occupation not specifically listed above is hereby prohibited, and the following types of occupations which are enumerated by way of description and not by way of limitation are hereby specified as prohibited:
a.
Animal breeding.
b.
Animal hospital or pound.
c.
Animal raising and maintaining, except as a pet or pets.
d.
Baking and/or cooking for resale purposes.
e.
Barbershop.
f.
Beauty shop.
g.
Bed and breakfast establishments.
h.
Crafts, except as specifically permitted.
i.
Dress shop.
j.
Food, drug and cosmetic compounding, manufacturing, preparing or packaging.
k.
Hairdressing.
l.
Home repair shops, unless otherwise specifically indicated.
m.
Insurance office.
n.
Kennel or kennels.
o.
Manicuring.
p.
Millinery shop.
q.
Nursery school.
r.
Photo developing.
s.
Photographic studio.
t.
Poultry breeding, raising and maintaining.
u.
Real estate office.
v.
Soil products, except for private use.
w.
Steam or vapor bathing or massaging.
x.
Tea room.
§ 26-22.8 Permits Required.
[Ord. No. 1038 § 407.08; Ord. No. 1468 (2009) § XII]
All home occupations shall satisfy all conditions of this chapter (see Section 26-22) and obtain a home occupation permit. Any home occupation operating without a permit or found in violation of the conditions of the permit shall be in violation of this chapter. All home occupations in existence at the time of adoption of this chapter shall apply for a permit within one (1) year of the date of adoption. Permits shall have a term of three (3) years. The Planning Board shall have the power to review home occupation permits upon proper application for renewal. The Zoning Officer shall issue the appropriate permit.
§ 26-23.1 Parking Space Dimensions.
[Ord. No. 1038 § 408.01; Ord. No. 1317 § I; Ord. No. 1510 (2011) § 3]
The minimum parking dimensions for each parking space exclusive of drives, aisles, paths and sidewalks shall be:
a.
For all parking spaces parallel to the travel of traffic: Eight feet six inches by twenty-two feet (8'6" x 22').
b.
For all other parking spaces: Nine feet by eighteen feet (9' x 18') 'for a standard space and eight (8') feet for a handicapped car space and eleven (11') feet for a handicapped van space, both with an access aisle of five (5') feet in width. Handicapped space shall be eighteen (18') feet in length.
c.
Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.
§ 26-23.2 Parking Lot Aisle Width.
[Ord. No. 1038 § 408.02; Ord. No. 1510 (2011) § 4]
The dimensions of aisles shall be no less than those specified below:
Angle of Parking Space to Aisle | One-Way Traffic | Two-Way Traffic |
|---|---|---|
90° | 24' | 24' |
60° | 18' | N/A |
45° | 13' | N/A |
30° | 12' | N/A |
Parallel | 12' | 24' |
§ 26-23.3 Location of Off-Street Parking.
[Ord. No. 1038 § 408.03]
a.
In all districts, required parking shall be provided on the same parcel as the use for which the parking is required.
b.
Off-street parking shall not be permitted in any portion of any street right-of-way.
c.
In all business or commercial zones and where commercial or business uses exist, rear and side yards may be utilized for off-street parking. Front yards may be utilized for off-street parking where such parking area is part of a driveway which serves a side yard or rear yard area. Required parking for business or commercial uses may also be provided off the site, if it is provided in nonresidential zones and is situated within two hundred (200') feet of the subject property, and if the property on which such off-site parking is provided is owned by the same owner as the subject property.
§ 26-23.4 Driveways.
[Ord. No. 1038 § 408.04; Ord. No. 1179 §§ I, II; Ord. No. 1212 §§ I, II; Ord. No. 1489 (2010) § VI; Ord. No. 1510 (2011) § 5]
a.
Conforming Lots.
1.
Nonresidential properties shall be limited to one (1) fifteen (15') foot wide driveway for each street frontage, or interior lots and limited to one (1) twenty-four (24') foot wide driveway for each street frontage on corner lots.
2.
New residential buildings or rehabilitation of existing residential buildings exceeding fifty (50%) percent rehabilitation, on lots having fifty (50') foot street frontage shall be limited to one (1) twenty-four (24') foot wide driveway for interior lots and corner lots shall be limited to one (1) twenty-four (24') foot wide driveway or two (2) twelve (12') foot wide driveways, one (1) on each street frontage.
3.
Rehabilitation of existing residential buildings of less than fifty (50%) percent rehabilitation, on lots having a minimum of fifty (50') foot street frontage, and/or reconstruction of existing driveways shall be permitted the following:
4.
If a residential building is totally destroyed by fire, flood or other natural disaster, the owner shall be permitted to keep the driveway that existed prior to the natural disaster which destroyed the building. If the driveway is changed in size or dimension, or in any way, the driveway must then comply with all other provisions of subsection 26-23.4a2 of the Revised General Ordinances.
b.
Nonconforming Lots. Having a street frontage of between forty-nine (49') feet and thirty-five (35') feet and a lot area of at least three thousand four hundred ninety-nine (3,499) square feet.
1.
New buildings (residential or nonresidential), or rehabilitation of existing buildings exceeding fifty (50%) percent rehabilitation shall be limited to one (1) twenty-four (24') foot wide driveway for interior lots and for corner lots shall be limited to one (1) twenty-four (24') foot wide driveway or two (2) twelve (12') foot wide driveways, one (1) on each street frontage.
2.
Rehabilitation of existing buildings of less than fifty (50%) percent rehabilitation shall be permitted the following:
3.
If a residential building is totally destroyed by fire, flood or other natural disaster, the owner shall be permitted to keep the driveway that existed prior to the natural disaster which destroyed the building. If the driveway is changed in size or dimension, or in any way, the driveway must then comply with all other provisions of subsection 26-23.4b1 of the Revised General Ordinances.
§ 26-23.5 Mechanical Parking Lifts and Stacked Parking Prohibited.
[Ord. No. 1038 § 408.05; Ord. No. 1533 (2012); amended 3-22-2022 by Ord. No. 1678]
a.
Stacked parking spaces shall be prohibited, except for single-family dwellings and two-family dwellings which have driveways and parking areas which are clearly separate from any other driveways and parking areas on adjacent lots.
c.
No outside car lifts shall be permitted. All car lifts shall be maintained and kept in good working order. The parking lift platform must be sealed and of a sufficient width and length to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle below.
d.
All lifts must be designed so that power is required to lift the car, but that no power is required to lower the lift in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage.
e.
All parking lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift. Ceiling heights of any parking level with parking lifts shall be a minimum of 14 feet four inches.
f.
Car lift parking spaces shall not count toward any use or zone parking requirement in the Zoning Code.
§ 26-23.6 Paving for Residential Uses.
[Ord. No. 1038 § 408.06]
a.
In all residential districts or for residential uses in nonresidential districts, all access driveways leading from the street to the property shall be constructed of a concrete driveway apron consisting of concrete having a compressive strength of four thousand (4,000) pounds per square inch and being a minimum of six (6") inches thick.
b.
The driveway apron shall include that section of the sidewalk adjacent to the driveway, and shall be six (6") inches thick.
c.
All parking areas on site shall be constructed of one (1) of the following methods:
1.
Concrete. A surface course of concrete having a compressive strength of four thousand (4,000) pounds per square inch and being a minimum thickness of six (6") inches shall be constructed over a thoroughly compacted base of existing materials, and shall be constructed in accordance with the requirements of Section 607 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction - 1983, and as revised. If the existing materials are unsuitable, they shall be replaced with select backfill material which shall be thoroughly compacted prior to pouring concrete.
2.
Bituminous Concrete or Stone. All parking areas shall have a soil aggregate base course having a minimum depth of six (6") inches after compaction, consisting of Soil Aggregate I-5, and shall be constructed in accordance with the requirements of Section 301 of the Standard Specifications. Bituminous concrete parking areas shall consist of a minimum two (2") inch thick compacted wearing surface of bituminous concrete surface course, hot mix, Type FABC-1, Mix I-5, constructed in accordance with the requirements of Section 404 of the Standard Specifications. This wearing surface shall be constructed over the compacted gravel base course as described above.
3.
Stone wearing surfaces shall consist of either broken stone, crushed stone, or washed gravel, two (2") inches thick, conforming to the requirements of Section 901 of the Standard Specifications. All work shall be performed in accordance with the requirements of Section 401 of the Standard Specifications, and the stone wearing surface shall be constructed over the compacted gravel base course as described above.
§ 26-23.7 Paving for Nonresidential Uses.
[Ord. No. 1038 § 408.07]
a.
In all nonresidential districts or for nonresidential uses in residential districts, all parking areas and access drives shall have a soil aggregate base course having a minimum depth of six (6") inches after compaction, consisting of Soil Aggregate I-5, and shall be constructed in accordance with the requirements of Section 301 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction - 1983, and as revised.
b.
Areas of ingress and egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than two (2") inches of compacted base course of plant mixed bituminous stabilized base course, Mix I-2, stone mix. This base course shall be constructed over the six (6") inch soil aggregate base course described above. All work shall be constructed in accordance with the requirements of Section 304 of the Standard Specifications and amendments thereto.
c.
Parking stall areas and other areas likely to experience similar light traffic shall be paved with a minimum two (2") inch thick compacted wearing surface of bituminous concrete surface course, hot mix, Type FABC -1 Mix I-5 over a six (6") inch compacted gravel base course as described above. All work shall be performed in accordance with the requirements of Section 404 of the Standard Specifications and amendments thereto.
d.
The Planning Board may permit the use of a broken stone parking area surface on a case by case basis, as determined by the Board. A soil aggregate base course shall be prepared as described above and shall be a minimum of six (6") inches thick. Broken stone shall be constructed at a minimum of two (2") inches thick, and materials shall conform to the requirements of Section 901 of the Standard Specifications.
§ 26-23.8 Parking Requirements.
[Ord. No. 1038 § 408.08; Ord. No. 1413 § I; Ord. No. 1432 § III; Ord. No. 1462 (2009) § II]
a.
Parking requirements for each use shall be cumulative where more than one (1) use exists on any site. The following list indicates the minimum off-street standard parking space requirements by use in all districts, except as otherwise modified in this chapter:
Use | Requirement |
|---|---|
Residential | 2 spaces per each dwelling unit of less than 1,500 square feet of gross floor area, or 3 spaces per each dwelling unit of 1,500 or over square feet of gross floor area |
Hotel, motel, tourist guest house and other permitted room rentals | 1 Space per rental unit |
Restaurant | 1 space per 200 square feet of floor area or 1 space for every 6 seats in a restaurant with table or counter service and 1 space for every 75 square feet of floor area intended for standing patrons, whichever requires the greatest number of parking spaces |
Tavern | 1 space per 200 square feet of floor area, or 1 space for every 6 seats in a tavern with table or counter serve and 1 space for every 75 square feet of floor area intended for standing patrons, whichever requires the greatest number of parking spaces |
Retail | 1 space per 300 square feet of floor area |
Wholesale | 1 space per 450 square feet of floor area |
Office | 1 space per 300 square feet of floor area |
Place of assembly | 1 space per 10 seats |
Place of worship | 1 space per 20 seats |
Mortuary | 30 spaces per establishment |
Marina/public dock | 1 space per 2 boat slips |
Financial institution | 1 space per 200 square feet of floor area |
Personal service | 1 space per 200 square feet of floor area |
Quasi-public uses | 1 space per 300 square feet of floor area |
Industrial | 1 space per 450 square feet of floor area |
Other uses | Subject to Planning Board approval |
b.
The expansion or change of an existing nonresidential structure shall be exempted from additional parking requirements where the proposed change or changes in the existing structure or structures do not increase the volume or intensity of use of such structure or structures, or where such change or changes involve vertical expansion for storage purposes only rather than horizontal expansion. With respect to vertical expansion, this exemption exists only for buildings constructed on or before June 1, 1986.
§ 26-23.9 Americans with Disabilities Act.
[Ord. No. 1510 (2011) § 6]
Any and all rules, guidelines and/or directives established regarding parking and pedestrian and vehicular movement shall be in accordance with applicable provisions of the Americans with Disabilities Act of 1990.
§ 26-23.10 Sidewalk, Curbs and Gutters.
[Ord. No. 1510 (2011) § 7]
a.
All sidewalks shall be a minimum of four (4') feet wide and four (4") inches thick, except at driveway crossings where they shall be six (6") inches thick.
b.
All sidewalks along a commercial zone shall be a minimum of six (6') feet in width.
c.
Concrete curbs, gutters and sidewalks shall meet the following requirements:
1.
Materials for concrete shall conform to the requirements of the New Jersey State Highway Department Standard Specifications. Concrete shall be Class B. Metal forms shall be used for the construction of concrete curbs. Curbs are to be six (6") inches wide and eighteen (18") inches deep and are to be constructed true to the required lines, grades and curvatures.
2.
At all intersections a four (4') foot wide area of the sidewalk on each roadway corner shall be gradually ramped to meet the roadway at grade to enable persons in wheelchairs to easily cross roadways.
d.
In any area of the City where sidewalks do not line up, the transition shall be as approved by the Planning Board after review by the City Engineer.
§ 26-24.1 Off-Street Loading.
[Ord. No. 1038 § 409.01]
a.
Off-street loading shall be provided for commercial structures with a gross floor area of five thousand (5,000) square feet or more in accordance with the following schedule:
5,000 to 40,000 square feet | 1 space |
40,000 to 100,000 square feet | 2 spaces |
Above 100,000 square feet | 3 spaces |
b.
Off-street loading and unloading shall have adequate ingress and egress from streets and adequate space for maneuvering, and shall provide such loading areas at the side, rear and front of the building. There shall be no loading or unloading from the street.
c.
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street and adjacent residential districts or uses. Such screening shall be an extension of a building, a fence, planting or combination thereof, and shall not be less than six (6') feet in height. Excluding plantings, screening shall not exceed six (6') feet in height.
§ 26-24.2 Loading Space Design Requirements.
[Ord. No. 1038 § 409.02]
§ 26-25.1 Policy Statement.
[Ord. No. 1414 § I]
The purpose of this section is to promote the public health, safety, and welfare of persons in the City of Sea Isle City through the preservation, maintenance, protection, and planting of trees and landscaping, in accordance with N.J.S.A. 40:67-1(c), so as to:
a.
Aid in the stabilization of soil by the prevention of erosion and sedimentation;
b.
Reduction of stormwater runoff and the potential damage it may create;
c.
Aid in the removal of pollutants from the air and assists in the generation of oxygen;
d.
Aid in the preservation, maintenance, protection, and planting of trees;
e.
Provide buffers and screens against noise and pollution;
f.
Provide protection against severe weather;
g.
Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;
h.
Provide a haven for birds and other wildlife that otherwise enhances the environment;
i.
Protect and increase property values;
j.
Preserve and enhance the City's physical and aesthetic appearance; and
k.
Generally protect the public health and safety as well as the general welfare.
§ 26-25.2 Definitions.
[Ord. No. 1414 § II]
As used and referred to in this section, the terms shall have the following definitions:
Shall mean a mound of soil on a site used as a view obstruction or to vary the grade pattern, either natural or man-made.
Shall mean an area within a property or site generally adjacent and parallel to the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit view of the site from adjacent sites or properties.
Shall mean commercial entities contracting with the City to assist the City in making improvements to municipal property.
Shall mean plants that drop their leaves before becoming dormant in winter, not evergreens.
Shall mean to kill or damage irreparably, which shall be deemed to include, but not be limited to, damage inflicted to the root system by machinery, storage of materials and soil compaction, change of natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus, pests or other infestation; excessive pruning or thinning leading to a failure to thrive; paving over the root system with any impervious materials within such proximity as to be fatally harmful to the tree; or application of any toxic substance.
Shall mean plants that do not lose their leaves during the winter.
Shall mean an aesthetic or structural change to the man-made or natural environment of real property, except for the infrastructure of houses and other buildings.
Shall mean any covering placed on soil to conserve moisture, eliminate weak growth and protect plants from extremes of heat and cold.
Shall mean property owned by the City of Sea Isle City and all other property open to the general public.
Shall mean any individual or entity whose existence is recognized by law, including, but not limited to, any partnership, corporation (for-profit, nonprofit, or municipal and its agencies), firm, association, or any combination of the foregoing.
Shall mean a structure or series of plantings providing a continuous view obstruction within the site or property. Such screens may consist of fencing, berms and/or evergreen trees or shrubs.
Shall mean any plants, deciduous or evergreen, generally multi-stemmed, classified and sold by height or spread, measured in inches or feet.
Shall mean any woody plant with a main stem or multiple stems with branches protruding above the root flare.
§ 26-25.3 Planting Details (General).
[Ord. No. 1414 § III; Ord. No. 1510 (2011) § 8]
Plant selection shall conform to the following general design principles.
a.
All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards (ANA) for quality and installation.
b.
Local soil conditions and water availability shall be considered in the plant selection. All plants shall be tolerant of specific site conditions.
c.
Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.
d.
Irrigation systems are to be provided for all new plantings.
e.
Deciduous shade trees shall have a minimum caliper of three and one-half inches (3 1/2") to four (4") inches. Ornamental trees shall be a minimum six (6') feet to eight (8') feet in height. Evergreen trees shall be a minimum six (6') feet to eight (8') feet in height. Shrubs shall be a minimum twenty four (24") inches to thirty (36") inches in height. These shall be the minimum measurements at the time of planting.
f.
All trees to be installed shall be balled and burlapped in accordance with ANA standards. All trees shall be mulched to a depth of three (3") inches.
g.
All trees shall be installed with proper subterranean preparation of the ground.
h.
The owner or if a common element of condominium, the condominium shall be responsible to maintain or replace the tree or plantings, after one (1) year from issuance of a Certificate of Occupancy. Prior to one (1) year, the developer shall replace plantings that die.
§ 26-25.4 Street Trees.
[Ord. No. 1510 (2011) § 9]
a.
Street trees shall be provided for all streets as a requirement for site plan and subdivision applications.
b.
The number of street trees shall average one (1) for every forty (40') feet of frontage.
c.
Spacing between trees shall be determined based upon species selection. In general, trees should be spaced between thirty (30') to fifty (50') feet on center.
d.
Street trees should be a minimum of three and one-half (3 1/2") to four (4") inches caliper, based on ANA standards.
e.
Street trees shall be disease resistant and tolerant of road salts and air pollution.
f.
Branching height shall bear a relationship to the size and species of tree, but shall have a minimum clearance height of seven (7') feet above grade before branching begins.
g.
Fastigiate and columnar trees shall be used on streets which have limited sidewalk depth between the cartway and building wall face.
§ 26-25.5 Landscaping.
[Ord. No. 1510 (2011) § 10]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped, and all construction within all districts shall retain natural vegetation to the extent possible. Landscaping shall require the following minimum standards:
a.
Dwellings in residential districts and residential uses in a commercial district (excluding mixed nonresidential and residential use) shall have a minimum of one (1) tree per dwelling.
b.
Dwellings in residential districts and residential uses in a commercial district (excluding mixed nonresidential and residential use) shall have a minimum of ten (10) shrubs per dwelling unit for two (2) family housing (for a total of twenty (20)) and ten (10) shrubs for a single-family housing type;
c.
In commercial districts, there shall be a minimum of one (1) tree per two thousand (2,000) square feet of lot area, but no less than two (2) trees per lot.
d.
Commercial districts shall have a minimum of five (5) shrubs per one thousand (1,000) square feet of lot area.
e.
Nothing herein shall change the requirements of the City of Sea Isle City Zoning and Planning Boards.
§ 26-25.6 Plant Materials.
[Ord. No. 1510 (2011) § 11]
Plant materials shall be selected from the following list. Any deviations shall be approved by the City Engineer in consultation with a licensed landscape architect or certified arborist.
a.
Trees.
Botanical Name | Common Name |
|---|---|
Acer campestre | Hedge Maple |
Acer rubrum "Armstrong" | "Armstrong" Columnar Red Maple |
Acer rubrum "October Glory" | "October Glory" Red Maple |
Acer saccharum "Bonfire" | "Bonfire" Sugar Maple |
Acer saccharum "Goldspire" | "Goldspire" Sugar Maple |
Acer saccharum "Green Mountain" | "Green Mountain" Sugar Maple |
Fraxinus americana "Autumn Purple" | "Autumn Purple" White Ash |
Fraxinus americana "Greenspire" | "Greenspire" White Ash |
Fraxinus pennsylvania "Patmore" | "Patmore" Green Ash |
Nyssa sylvatica | Black Gum or Sour Gum |
Platanus acerifolia "Bloodgood"* | "Bloodgood" London Planetree |
Platanus occidentalis* | American Sycamore |
Quercus bicolor* | Swamp White Oak |
Quercus imbric | Shingle Oak |
Quercus palustris* | Pin Oak |
Quercus phellos* | Willow Oak |
Taxodium distichum | Baldcypress |
Tilia americana "Redmond" | "Redmond" Linden |
Tilia cordata "Greenspire" | "Greenspire" Littleleaf Linden |
Linden Tilia tomentosa | "Green Mountain" Linden |
Ulmus americana "Princeton" | "Princeton" Elm |
Zelkova serrata "Halka" | "Halka" Zelkova |
Zelkova serrata "Village" | "Village Green" Zelkova |
* | Indicates street trees suitable for high wind and salt spray conditions. |
Note that there are fall digging hazards for Quercus (Oak) species. Specific conditions, such as soil type, exposure, salt spray and other factors must be considered in the species selection process. A New Jersey certified arborist or landscape architect should be consulted in plant selection. |
b.
Recommended Understory Ornamental Trees.
Botanical Name | Common Name |
|---|---|
Amelanchier canadensis | Shadtree |
Betula nigra | River Birch |
Carpinus caroliniana | American Hornbeam |
Cercis canadensis | Eastern Redbud |
Chiananthus virginicus | White Fringetree |
Franklinia alatamaha | Franklinia |
Halsia diptera "Magniflora" | Two-Winged Silverbell |
Hamamelis virginiana | Common Witchhazel |
Magnolia virginiana | Sweetbay Magnolia |
Ostrya virginiana | Hophornbeam |
Oxydendrum arboreum | Sourwood |
Sassafras albidum | Sassafras |
c.
Recommended Evergreen Trees.
Botanical Name | Common Name |
|---|---|
Cryptomeria japonica "Yoshin" | "Yoshino Japanese" Cedar |
Cedar Ilex opaca | American Holly |
Juniperus scopulorum "Cologreen" | "Cologreen" Juniper |
"Juniperus virginiana "Cupressifilia" | "Hillspire" Juniper |
Picea glauca "Densata" | "Black Hills" Spruce |
Pinus resinosa | Red Pine |
Pinus strobes | White Pine |
Pseudotsuga menziesii | Douglas Fir |
d.
The following Is a List of Acceptable Shrubs:
Botanical Name | Common Name |
|---|---|
Cletha alnifolia "Hummingbird" | "Hummingbird" Summersweet |
Cornus paniculata | Gray Dogwood |
Cornus sericea | Red Osier Dogwood |
Ilex glabra | Inkberry |
Juniperus conferta "Blue Pacific" | "Blue Pacific" Japanese Shore Juniper |
Juniperus sargenti | Sargent Juniper |
Kalmia latifolia | Mountain Laurel |
Myrica pennsylvanica | Northern Bayberry |
Rhododendron maximum | Rosebay Rhododendron |
Rosa rugosa | Japanese Shore Rose |
Vaccinum coryinbosum | Highbush Blueberry |
Viburnum acerifolium | Maple-leaved Viburnum |
Viburnum dentatum | Arrowwood Viburum |
e.
Planting, Growing or Cultivating Bamboo and Other Invasive Plant Species.
[Added 4-12-2022 by Ord. No. 1680]
1.
Purpose. The article is adopted to control the planting, cultivating, and/or growing of bamboo and other invasive plant species in the City of Sea Isle City. It is further intended to require barriers that will prevent the spread of invasive plant species, such as bamboo, into other public or private property in the City of Sea Isle City.
2.
Definitions. All native and nonnative vines and vegetation that grow out of place and are competitive, persistent and pernicious; those plants may damage trees, vegetation, sidewalks or structures. Examples include, but are not limited to, bamboo as well as invasive plant species developed by the New Jersey Species Strike Team and the New Jersey Forestry Association. The terms "bamboo" and "invasive plant species" shall include but not be limited to, the following plant genera (commonly known as spreading or running type): Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Sasa, Sasaella, Semiarundinaria, Ragweed, multi-flora rose, kudzu-vine and poison oak or ivy.
3.
Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install, or cause or permit the planting or installation of invasive plant species such as bamboo within any lot and/or parcel of ground anywhere within the City.
4.
Duty to Confine.
(a)
If there exists any species commonly known as "bamboo-running or clumping" or any other invasive species located upon any property within the City of Sea Isle City prior to the effective date of this subsection, there shall be a duty to confine imposed upon the owner and occupant of the property. The duty to confine shall require owners and occupants to prevent the encroachment, spread, invasion or intrusion of bamboo and other invasive plant species onto any other private property, public property or public right-of-way.
(b)
All places and premises in the City of Sea Isle City shall be subject to inspection by the Code Enforcement Officer when there is reason to believe that any provision of this subsection is being violated.
(c)
Property owners who seek to confine bamboo or other invasive plant species must do so in accordance with methods approved by the City of Sea Isle City Code Enforcement Officer. The Code Enforcement Officer may permit, inspect and approve methods of confinement and amend the requirements of said confinement from time to time. The Code Enforcement Officer may also permit, inspect and approve proper methods for full removal of bamboo or other invasive plant species.
(d)
Failure to confine bamboo or other invasive plant species in accordance with the requirements set forth by the Code Enforcement Officer shall require immediate removal by the property owner or occupant.
(e)
An owner or occupant with property containing bamboo or other invasive plant species prior to the adoption of this subsection may fully remove the bamboo or other invasive plant species in lieu of the duty to confine. Such removal must conform with the requirements set forth by the Code Enforcement Officer.
5.
Encroachment. When an encroachment of an invasive plant species is upon public property or a public right-of-way, at its discretion, the City of Sea Isle City may remove or contract for the removal of such invasive plant species from the public property right-of-way. The cost of such removal shall be the responsibility of the owner and occupant of the property from which the invasive plant species originated. The cost of said removal of the invasive plant species from the public property and/or a public right-of-way shall include the cost of the installation of an appropriate barrier to prevent further encroachment by the invasive plant species.
6.
Removal. In the event it is determined that there is an encroachment or invasion on any adjoining private or public property or public right of way, the City shall notice the property owner in writing that the bamboo or other invasive plant species has invaded other private or public property or public right of way and demand the removal of the bamboo or other invasive plant species from such other private or public property or public right of way and the confinement against future encroachment or the total removal of the bamboo or other invasive plant species from the owner's property. Notice shall be provided by certified, return receipt requested mail and regular mail. If the bamboo or other invasive plant species property owner does not remove the bamboo or other invasive plant species from such other private or public property or public right of way within 45 days of the date of notice, the Code Enforcement Officer shall have the discretion to issue a citation with a penalty up to $100 for each day the violation continues, enforceable through the Municipal Court of the City of Sea Isle City, as well as civil proceedings for injunctive or civil relief.
7.
Violations and Penalties. Except as otherwise provided in paragraph 6 above, any person, firm, corporation or other entity violating any of the provisions of this subsection shall, upon conviction thereof, be subject to a fine of not less than $100 but not more than $1,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any such penalty shall be in addition to the costs incurred in cutting or removing said brush, hedges or other plant life described in the notice given by the Code Enforcement Officer, or his designated representative, of the City of Sea Isle City. For purposes of this subsection, each day on which such a condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this subsection, and separate complaints may be filed for each such offense.
§ 26-25.7 Buffer Details.
[Ord. No. 1510 (2011) § 12]
A buffer treatment shall be provided to screen views of surface parking areas from the street.
a.
A buffer shall have a minimum average width of five (5') feet.
b.
A buffer shall consist of landscape materials, and may include masonry walls and/or fencing.
c.
When a masonry wall or fencing is used, it shall be of solid construction and shall be designed to coordinate with the building architecture.
d.
Buffer planting shall include at a minimum five (5) shade trees per one hundred (100') linear feet of street frontage.
e.
A continuous evergreen hedge shall be provided at a minimum installed height of thirty-six (36") inches.
§ 26-25.8 Parking Lot Planting Details.
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 13]
For all parking lots containing eight (8) or more cars, a landscape treatment shall be provided within the parking lot to reduce solar glare, reduce carbon footprint and provide for shade.
a.
One (1) shade tree shall be provided for every eight (8) parking spaces within the parking lots. This shall be in addition to trees required as part of buffer plantings.
b.
Shade trees shall be located within the parking lot on curbed islands of at least six (6') feet wide.
c.
Parking lots covered by the structure above shall meet these requirements for portions of the parking lot not covered by part of the structure.
§ 26-25.9 Landscape Planters.
[Ord. No. 1510 (2011) § 14]
Landscape planters may be used to incorporate seasonal color and to provide space of additional plant materials to improve appearance of site.
a.
Permanent planters may be installed only within the property.
b.
Permanent planters may be located within front yard between the building facade and the right-of-way in the commercial districts. Permanent planters along the street frontage shall not exceed twenty-four (24") inches in height.
c.
Plant materials within permanent planters shall be of a species whose height will not obstruct the display windows.
d.
Movable planters may be installed within the property and on the sidewalk within the right-of-way subject to approval of the City. These planters shall maintain a minimum six (6') foot clearance on the sidewalk. Moveable planters within the sidewalk street frontage shall select those listed under Section 26-40.
§ 26-25.12 Landscaping Approval.
[Ord. No. 1414 § IV; Ord. No. 1510 (2011) § 15]
Persons, corporations and other associations desiring to remove or otherwise destroy a tree, or trees, on their property, or to move or remove more than five (5) square yards of soil, shall first apply to the City of Sea Isle Zoning Officer for a landscaping permit.
a.
Application for a permit must be submitted to the Zoning Officer;
b.
The Landscaping Permit Application shall include a plan that clearly delineates areas of preservation and proposed landscape treatment. The application shall also include:
1.
The name, address, and telephone number of the person supervising the landscaping project;
2.
The name and address of the owner of the premises;
3.
The name and address of the applicant for the permit, if other than the owner, accompanied by the owner's consent to said application;
4.
Construction details prepared by a certified landscape architect, licensed professional engineer or other professional proscribed by State law;
5.
A description by lot and block number of the premises for which the permit is sought;
6.
A detailed description of the work to be performed, including current planting areas and proposed planting areas;
7.
The number of trees, shrub or other vegetation to be removed, and/or the number of shrubs or other vegetation to be added;
8.
The reason for removal or destruction of vegetation;
9.
Projected dates for the beginning and ending of the tree or shrub removal project, and the construction itself;
10.
Projected dates for the beginning and ending of the implementation of new trees or shrubs;
11.
Any additional information requested by the Zoning Officer.
c.
The permit application shall be submitted to the Zoning Officer of the City of Sea Isle City, on an application form as required by the Zoning Officer. The application shall be submitted with a twenty-five ($25.00) dollar fee for the landscaping permit;
d.
Permits for landscaping approval shall be enforced in conjunction with Section 26-38, entitled Stormwater Management Systems. To the extent there is any inconsistency among Section 26-25 (Landscaping and Buffers) and Section 26-38 (Stormwater Management Systems), Section 26-38 shall supersede Section 26-25;
e.
Landscaping must be done in a manner that is consistent with all other requirements of the City of Sea Isle City rules and regulations. This includes but is not limited to the City of Sea Isle City Sections 26-36 (Impervious Surface Coverage), 26-37 (Certification of Front Yard, Side Yard, Rear Yard, Height Building Coverage and Impervious Surface Coverage Compliance), and 26-38 (Stormwater Management Systems). Accordingly, the use of unnatural materials, including but not limited to plastic, that prevent water from flowing into the ground are hereby prohibited;
f.
Nothing herein shall alter the requirements of the City of Sea Isle City Zoning and Planning Boards;
g.
A Certificate of Occupancy shall not be granted until the Zoning Officer has issued the landscaping permit.
§ 26-25.13 Prohibitions Regarding Landscaping on Public Land.
[Ord. No. 1414 § V: Ord. No. 1510 (2011) § 16]
No person, corporation, or association shall do, or cause to be done by others, any of the following acts upon municipal property within the City of Sea Isle City without a prior permit from the Zoning Officer:
a.
Cut, damage, destroy, remove or injure any tree;
b.
Cut, disturb or interfere in any way with any tree root or root system;
c.
Spray, place or distribute any chemicals, including but not limited to salt, which would be deleterious to tree health;
d.
Remove or damage any guard or device placed to protect any tree or shrub;
e.
Maintain a stationary fire or device that vaporizes noxious fumes deleterious to tree health;
f.
Remove soil, either for trenching or otherwise;
g.
Construct new sidewalks or driveways with any material whatsoever within three and one-half (3 1/2') feet of any tree;
h.
Place, or maintain upon the ground, any substance or object impeding the free access of air and water to a tree's living components; or
i.
Apply any substance to any part of a tree, including roots, with the intention to injure or destroy a tree.
§ 26-25.14 Exceptions for Public Utility Companies and City Contractors.
[Ord. No. 1414 § VI; Ord. No. 1510 (2011) § 17]
a.
Notwithstanding other permit requirements, the Zoning Officer may grant a blanket permit to utility companies for:
c.
Public utility companies shall exercise reasonable diligence in the maintenance or removal of trees, shrubs or soil material, so as to avoid unnecessary damage to trees, shrubs or soil material within the jurisdiction of the City of Sea Isle City.
d.
City contractors shall act at the direction of the City and will not be required to obtain a landscaping permit for services rendered on municipal property in the City of Sea Isle City.
§ 26-25.15 Exceptions to the Permit Requirement for Landscaping.
[Ord. No. 1414 § VII; Ord. No. 1510 (2011) § 18]
§ 26-25.16 Minimum Requirements for a Permit.
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 19]
The provisions of this section shall be interpreted and applied as the minimum requirements for a landscaping permit in the City of Sea Isle City. No activities requiring the removal of trees or the movement of soil shall be permitted without first obtaining a valid permit in accordance with this section, except as otherwise noted.
§ 26-25.17 Criterion for Issuance of Permit.
[Ord. No. 1414 § IX; Ord. No. 1510 (2011) § 20]
a.
The Zoning Officer shall grant or deny the requested permit in consideration of the following:
1.
Whether the proposed landscaping/tree removal will cause or contribute to drainage problems, soil erosion, or the loss of tree species;
2.
Whether the proposed landscaping/tree removal will have a substantial negative impact on the surrounding properties or endanger surrounding citizens;
3.
Whether the proposed landscaping/tree removal will lead to a loss of wildlife habitat;
4.
Whether the proposed landscaping/tree removal is a part of an overall landscape plan for the property;
5.
Whether denial of a permit for the proposed landscaping/tree removal would create an undue hardship on the applicant.
b.
Exceptions to the requirements of this section may be granted if reasonable and within the purposes and intent of this section. Exceptions are appropriate where the literal enforcement of one (1) or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. A request for special exceptions must be included in the permit application.
c.
In rendering a decision on a permit application, the Zoning Officer shall at all times give weight to the basic intent of this section, which is to limit the adverse effect of tree removal and soil displacement, while not unduly interfering with the right of a City property owner to use and enjoy his/her property. The Zoning Officer shall also consider whether the permit can be granted subject to the imposition of reasonable conditions that will mitigate the adverse effect of the proposed landscaping/tree removal.
§ 26-25.18 Enforcement.
[Ord. No. 1414 § X; Ord. No. 1510 (2011) § 21]
Enforcement of this section shall be the primary duty of the Zoning Officer.
§ 26-25.19 Penalties.
[Ord. No. 1414 § XI; Ord. No. 1510 (2011) § 22]
Each violation of this section shall be deemed a separate and distinct violation. Failure to obtain a landscaping permit will result in the following:[1]
a.
The issuance of a summons with a fine no less than one hundred ($100.00) dollars and not to exceed five hundred ($500.00) dollars, per violation; and/or
b.
Ten (10) hours of community service.
[1]
The City of Sea Isle City Landscaping Permit Application is included as an attachment to this chapter.
§ 26-26.1 Permit Required.
[Ord. No. 1038 § 411.01]
No person shall hereafter erect, alter or reconstruct a fence or wall on property in any zoning district in the City without first having obtained a construction permit from the Construction Code Official. The fee for such permit shall be five ($5.00) dollars for residential applications, ten ($10.00) dollars for commercial applications and twenty-five ($25.00) dollars for industrial applications.
§ 26-26.2 Location.
[Ord. No. 1038 § 411.02]
All fences and walls shall be erected within property lines, and no fence or wall shall be located so as to encroach upon a public right-of-way, excepting decorative fences.
§ 26-26.3 Type and Height Limitations.
[Ord. No. 1038 § 411.03]
A fixed structure made of wood, wire, metal, or concrete masonry block units. A concrete masonry fence or wall shall not exceed thirty-six (36") inches in height from curb level.
§ 26-26.4 Height Limitations; Type of Fence Required.
[Ord. No. 1038 § 411.04]
Fences erected, altered or reconstructed shall be of the type hereinafter specified and shall comply with the maximum height limitations hereinafter set forth. For purposes of this section, fences shall be measured from the curb level.
a.
Front Yard. Fences located in the area from the front property line to the front setback line shall not exceed thirty-six (36") inches in height. For purposes of this section, corner lots shall be deemed to have two (2) front yards, each extending from the property line adjacent to the adjoining streets to the front and side setback line, respectively.
b.
Rear Yard. Fences located in the area from the front setback line to the rear property line and running across the rear property line shall not exceed seventy-two (72") inches in height, except a concrete masonry wall or fence as above specified.
c.
Corner Lots. At the intersection of any two (2) streets, highways, roads or roadways, no fence other than decorative fences or fencing of a wire construction having openings no smaller than two (2") inches and not exceeding thirty-six (36") inches in height or post-and-rail fences not exceeding thirty-six (36") inches in height shall be permitted within the triangular area formed by the two (2) intersecting street lines bounding the lot and by a line connection to a point on each street line located forty-five (45') feet from the intersection of said street lines. For the purposes of this section, a street line shall be deemed to be the curbline, and an intersection shall be deemed to be the meeting place of the curbline on intersecting streets.
§ 26-26.5 Special Decorative Fences.
[Ord. No. 1038 § 411.05]
a.
Definition. A fixed structure made of wood and rope which is utilized for decorative purposes primarily, and which does not function as a visual screen, nor as a means of providing privacy. Decorative fences shall not exceed thirty (30") inches in height, measured from curb level.
b.
Standards. Posts shall consist of timber structures only, which may be square, rectangular, or circular in shape. Posts shall be spaced at least ninety-six (96") inches apart, measured from the face of the post to the face of the post. Posts shall be connected by rope consisting of untarred hemp, Manilla hemp, New Zealand hemp, nylon, dacron, polypropylene, or polyester ropes. Minimum rope diameter shall not be less than three-fourths (3/4") inch.
c.
Encroachments. Special decorative fences shall be permitted beyond the front property line into the public right-of-way (R.O.W.). Decorative fences shall be permitted within no more than six (6") inches from the rear limit of any existing sidewalk located adjacent to the front of the property in question. In the absence of a sidewalk at the property in question, the measurement, as set forth above, shall apply, as though a sidewalk was in place. In that event, the Construction Code Official shall locate the sidewalk, if none presently exists, and if necessary, he shall consult with the City Engineer's office concerning the sidewalk location.
§ 26-26.6 Fence Supports.
[Ord. No. 1038 § 411.06]
Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract of land upon which the fence is erected. The finished portion of the fence shall face the property or street adjacent to the fence.
§ 26-26.7 Swimming Pools.
[Ord. No. 1038 § 411.07]
There shall be a fence not less than seventy-two (72") inches in height, or more than seventy-two (72") inches in height, completely enclosing any below-ground swimming pool and any other swimming pool. Each gate in a pool fence shall be capable of being locked when not in use and shall be self latching.
§ 26-26.8 Maintenance Enforced.
[Ord. No. 1038 § 411.08]
If the Construction Code Official or his/her designee, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he/she shall notify the owner of the fence or wall, in writing, of his/her findings, shall state briefly the reasons for such findings, and shall order such fence or wall or portion of such fence or wall repaired or removed within ten (10) days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this section.
§ 26-26.9 Prohibited Fences and Walls.
[Ord. No. 1038 § 411.09]
a.
The following fences and fence construction materials are specifically prohibited in all zoning districts in the City: Barbed wire, canvas, cloth, electrically charged, expandable and collapsible.
b.
Notwithstanding the foregoing, snow fences shall be a permitted fence.
c.
The maximum height of any fence in the City of Sea Isle City shall be seventy-two (72") inches.
§ 26-26.10 Replacement.
[Ord. No. 1038 § 411.10]
Any fence existing upon the adoption of this chapter may continue in existence without compliance with this section, except that the fence shall be kept painted, where applicable, and in good repair. However, no such fence, once destroyed or removed, shall be replaced except in conformity with this section.
§ 26-26.11 Sea Isle City Property.
[Ord. No. 1038 § 411.11]
Because of the type of facilities under the control of the City of Sea Isle City, this section shall not apply to the City as set forth in Section 8 of Ordinance Number 1003 (1990).
§ 26-27.1 Permanence.
[Ord. No. 1038 § 412.01]
No space applied or necessary under this chapter to satisfy the yard requirements in relation to any building, whether now or subsequently built, shall be counted as part of a yard or other required open space in relation to other buildings.
§ 26-27.2 Front Yard.
[Ord. No. 1038 § 412.02]
No building or part thereof, including decks or open or enclosed porches, shall extend nearer to a front property line than the mean distance of setback of the nearest building or buildings, other than accessory buildings, within one hundred (100') feet on each side of such building, and fronting on the same side of the same streets where provided in this chapter. In no instance shall a building in a residential district be placed nearer to a front property line than fifteen (15') feet, nor required by the above to be placed more than twenty-five (25') feet back of the front wall of an existing building.
On corner lots, the front yard requirements shall apply to both of the street frontages of the lot.
§ 26-27.3 Rear Yard.
[Ord. No. 1038 § 412.03]
There shall be a rear yard required in all districts. The minimum rear yard in residential districts shall be twenty (20') feet. In commercial districts, the minimum rear yard shall be five (5') feet except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet, except for hotel or motel as provided in subsection 26-56.7.
On corner lots upon which a building is to be constructed as a continuous unit, the minimum rear yard requirement of twenty (20') feet shall apply only to the interior lot line parallel to the principal frontage of the lot. Standard side yard requirements shall apply to the interior lot line parallel to the secondary frontage of the lot.
In the case of a building lot extending through from street to street, the minimum front yard requirements shall be observed on both streets.
For lots plotted on a map for the assessment of taxes of the City and existing on April 9, 1945, and which have a depth of less than one hundred (100') feet, the rear yard requirements shall be reduced by six (6") inches for each foot that such a lot is less than one hundred (100') feet deep except that no rear yard shall be less than fifteen (15') feet in residential districts and not less than five (5') feet in commercial districts.
Standard rear yard requirement shall apply to additions or accessory building regards of other conditions.
§ 26-27.4 Side Yard.
[Ord. No. 1038 § 412.04]
There shall be two (2) side yards in all residential districts with a total width of not less than fifteen (15') feet, with a minimum of five (5') feet for any one (1) yard, except that for each foot a lot existing at the time of enactment of this chapter is less than fifty (50') feet wide, the total width of the two (2) side yards may be reduced by six (6") inches per foot to a total width of not less than fourteen (14') feet. In the case of a corner lot that is less than fifty (50') feet wide, the exterior side yard shall have a minimum width of not less than fourteen (14') feet and the interior side yard shall have a width of not less than five (5') feet.
§ 26-27.5 Mixed Uses.
[Ord. No. 1038 § 412.05]
In nonresidential districts having a mixture of residential and other uses, the more restrictive yard requirements shall apply for the entire structure.
§ 26-27.6 Encroachments.
[Ord. No. 1038 § 412.06; Ord. No. 1268 § I; Ord. No. 1591 (2016) § 2; Ord. No. 1599-2017; amended 11-22-2022 by Ord. No. 1690]
a.
Yard Encroachment. No encroachments shall be permitted regarding any yard, except the eaves of the roof and signs as specified in Section 26-28.
b.
Terraces and Patios. Terraces and patios of residential uses are not permitted to extend into required front or side yards.
c.
Fire Escapes and Stairways. Fire escapes and stairways are not permitted to extend into required front, side or rear yards.
d.
Enclosed Porches. No front yard or side yard requirements of this chapter shall prevent the glass enclosing of existing open front or side porches; provided, however, that such enclosure does not cause the total structure on the lot to exceed the allowable limits of the building coverage or floor area ratio of the lot.
e.
Architectural Enhancements. Setback encroachment allowance for certain architectural features.
1.
In all yards that are seven feet (7') or greater in width, projections for decorative, ornamental or canopy overhangs over exterior doors or windows shall be permitted to extend up to two feet (2') into the yard setback over the exterior doors or windows. All overhangs in all yards shall be greater than five feet (5')from the property line. All measurments herein shall be as measured on the exterior of the structure.
2.
Projections shall be permitted in the side yard when said projections are a minimum of 12 inches in depth, do not exceed 18 inches in depth, do not exceed eight feet in length, are separated by seven feet and are greater than five feet from the property line. All measurements herein shall be as measured on the exterior of the structure.
 |
3.
In corner lot yards, with two front yards, projections shall be permitted in two yards only. If placed within the front or rear yard such projection shall encroach in said yard no more than 18 inches in depth, be a minimum of 12 inches in depth, not exceed eight feet in length, and be separated by seven feet. If placed in the side yard such projections shall comply with paragraph e(2) above. All measurements herein shall be as measured on the exterior of the structure.
f.
No encroachment other than roof eaves shall be provided for except as in paragraph e above.
g.
Planters. The maximum height of planters shall be three (3') feet. Planters are not permitted in side yards.
§ 26-27.7 Building Setbacks for Accessory Structures.
[Ord. No. 1038 § 412.07]
a.
No detached garage, detached carport or other accessory building shall be placed nearer to an interior side lot line or rear lot line than five (5') feet or closer than ten (10') feet to the main building in any district.
b.
No detached garage, detached carport or other out-building shall be placed nearer to a front street curbline than sixty (60') feet, or nearer to a side street curbline than a distance equal to one-half (1/2) the width of the lot. Attached garages or carports shall be considered as part of the main building when measuring the front, side and rear yards, except in the case of a lot less than eighty-three (83') feet deep and existing at the time of this enactment. Such garage, carport or other accessory structure may be brought forward on the lot to a point not less than ten (10') feet to a side window of a house on the adjacent property (distance to be measured from a line drawn perpendicular to the side lot line), or not closer to the front street curbline than forty (40') feet when no house exists on the adjacent lot; provided, however, that on a lot less than eighty-three (83') feet deep no detached garage or other accessory structure shall be more than five (5') feet from the rear property line.
§ 26-27.8 Courts.
[Ord. No. 1038 § 412.08]
Where a court is provided to furnish light and air to rooms to be used for dwelling purposes, the least dimensions of such courts shall be as follows:
a.
No outer court shall be less than six (6') feet wide or, at any level, less than six (6") inches wide for each foot of height of such level above the sill of the lowest window served by it. No outer court shall have a depth greater than twice its width.
b.
No inner court shall be less than ten (10') feet wide or, at any level, less than nine (9") inches wide for each foot of height of such level above the sill of the lowest window served by it.
§ 26-28 SIGNS. [1]
[Ord. No. 1492 (2010) § III]
a.
Purpose. The purpose of this section is to promote and protect the public health, safety and welfare. As such, it will provide a more attractive residential and commercial climate within all areas of the City. This code is intended to create a more attractive business climate by regulating signage to work with public improvement projects such as the excursion park, beach to bay corridor, bay front, boardwalk, etc. This code seeks to enhance and protect the physical appearance of all areas by reducing the obstructions and hazards to pedestrian and auto traffic caused by indiscriminate placement and use of signs.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1038 and 1431.
§ 26-28.1 Definitions.
[Ord. No. 1492 (2010) § IV; Ord. No. 1568 (2014) § 1]
Shall mean a temporary or portable roof-like covering that projects from the wall of a building for the purpose of shielding openings from the elements.
Shall mean any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any holiday, season, institution, or business shall not be considered banners for the purpose of this section.
Shall mean any light with one (1) or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.
Shall mean temporary signs, in the nature of seasonal decorations clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.
Shall mean a sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.
Shall mean the juncture of the roof and the perimeter wall of the structure.
Shall mean any object, device, display or structure, or part thereof, visible from the street or from any other property, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images
Shall mean the rectangular, continuous area on the wall of a building, which extends from the top line of window and doors on the first floor and the bottom line of the second floor, windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details or openings.
Shall mean the area of a sign, which is computed by multiplying the greatest width of the sign face by the greatest height of the sign face. The sign area shall include the sign face and any framing, trim, or molding, but shall not include the supporting structure.
Shall mean a type of portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "A."
 |
Shall mean any sign or part of a sign, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Shall mean a sign that is mounted to, painted on, or attached to an awning that is otherwise permitted by this section.
Shall mean a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway, excluding City benches regardless of any wording on a City bench.
Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the bus stop or bus shelter on which the sign is located.
Shall mean a sign that is mounted to or painted on, or attached to a canopy that is otherwise permitted by this section.
Shall mean a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face of or the surface of the sign.
Shall mean a sign which contains messages of civic groups, churches or places of worship, and local special events which directs attention to a church or place of worship, facility, event, club or organization.
Shall mean a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors and similar individuals, or firms having a role or interest with respect to the structure or project.
See Sign, "yard sale" and Sign, "yard sales, directional."
Shall mean signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance and business affiliations are considered as informational signs. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
Shall mean signs listing the tenants or occupants of a building or group of buildings. The respective professions or business activities may also be included as part of the sign.
See Sign, wall.
Shall mean the area or display surface used for the message.
Shall mean any immovable sign not affixed to a building.
Shall mean a sign containing only the name and occupation of a permitted home occupation.
Shall mean a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
Shall mean any display or object capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
Shall mean a sign that is mounted, or painted on, or attached to a marquee that is otherwise permitted by this section.
Shall mean memorial signs or tablets, names or building and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench, or other structure.
Shall mean signs which identify any type of housing development by name.
Shall mean any sign that does not conform to the regulations of this section.
See Sign, billboard.
Shall mean an on-premises sign which identifies that a realtor or homeowner is conducting an "open house" at that residence.
Shall mean an off-premises sign directing the public to a residence where a realtor or homeowner is conducting an "open house."
Shall mean a temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
Shall mean a sign that is not permanent, affixed to a building, structure or the ground such as an "A" frame, sandwich, or swinger sign. Determination of the Construction Official or his designated representative as to whether a sign is portable shall be controlling.
Shall mean a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12") inches from such building.
Shall mean a sign pertaining to the sale, rent or lease of the premises, or a portion of the premises, on which the sign is located.
Shall mean a sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located. See Sign, home occupation.
Shall mean a sign mounted on or above the roof of a building. A sign that projects above the top walk or edge of a building with a flat roof, above the eave line of a building with a gambrel, gable, mansard or hip roof.
Shall mean any sign sponsored by the Federal, State, County or local government and any sign sponsored by an agency, nonprofit group, public fundraising event required to notify the organizers, participants or general public of an event, parade route, or other route such as a run or walk for charity or other semi-public or public purpose.
Shall mean any banner sign which is stretched across and hung over a public right-of-way.
Shall mean a sign hanging down from a marquee, awning, canopy, porch or roof overhang that would otherwise exist without the sign.
Shall mean a portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "T," inverted. In no case shall swinger signs be permitted to actually swing.
Shall mean a sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to be displayed for a short period of time, normally less than thirty (30) days.
Shall mean a sign or portion of a sign whose sole purpose is to indicate the time and/or temperature.
Shall mean a sign affixed to ground plant or vegetation to identify the vegetation and/or commemorate a person or event.
Shall mean a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve (12") inches from such building or structure.
Shall mean a sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
Shall mean an on-premises sign which identifies that an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate or rummage sale, at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales excluded.
Shall mean an off-premises sign directing the public to a residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales are excluded.
Shall mean a temporary group of small decorative flags strung on a flexible cord or string designed to attract attention to the property.
§ 26-28.2 Residential Districts and Uses.
[Ord. No. 1492 (2010) § V]
a.
A permitted professional office or approved home occupation, may have one (1) sign not to exceed four (4) square feet and shall be set back a minimum of three (3) linear feet from all property lines.
b.
A church or nonprofit organization may have two (2) signs not to exceed a total of thirty-two (32) square feet displayed on the property. One (1) sign may be an identification sign and one (1) sign may be a changeable copy sign. All signs shall be a minimum of three (3') feet from any property line.
c.
Real estate advertising signs not larger than six (6) square feet in area may be placed temporarily on properties advertising the same for sale. There shall be allowed no more than (2) advertising signs on any one (1) property showing "For Sale" or "For Rent" or "For Lease" and each such sign shall be limited to no larger than six (6) square feet in area. Such signs, including "Sold" signs, shall be removed within thirty (30) days from the date of sale of the property.
§ 26-28.3 Business and Commercial Districts.
[Ord. No. 1492 (2010) § VI]
All signs in the business and commercial districts may be lighted.
a.
Signs advertising businesses conducted in a building on which a sign is erected may be sixty (60) square feet in area, or twenty (20%) percent of the gross area of the first two (2) floors of the front of the building devoted to such business or commercial use, whichever is greater. In the latter case, the sign area shall not exceed eighty (80) square feet. Where a two (2) faced sign is used, the area of one (1) side only shall be computed for the square footage thereof if both sides of such sign are identical. No more than three (3) signs per unit shall be permitted in a multiple dwelling structure.
b.
No sign shall extend over the sidewalk area of the public street or over any other public right-of-way a distance greater than three and one-half (31/2') feet, and the lowest portion of any such sign shall be erected at least ten (10') feet above the sidewalk or public right-of-way. No such sign shall be placed in any manner which would interfere with the rights of the public to the free and uninterrupted use of any such sidewalk or public right-of-way.
d.
In no case shall any sign or portion of any sign project above the roof eave line or coping or project more than thirty (30') feet above the elevation of the curb, whichever is greater.
e.
Signs may be illuminated provided that the illumination shall be properly focused upon the sign itself so as to prevent glare upon the surrounding area.
f.
Mobile signs shall be subject to any other applicable ordinances of the City or statutes of the State.
g.
Red and green lighted signs shall not be permitted within fifty (50') feet of a signaled intersection.
h.
No off-premises business sign permitted.
i.
Real estate advertising signs not larger than six (6) square feet in area may be placed temporarily on properties advertising for sale of same. There shall be allowed no more than two (2) advertising signs on any one (1) property showing "For Sale" or "For Rent" or "For Lease" and each such sign shall be limited to no larger than six (6) square feet in area. Such signs, including "Sold" signs, shall be removed within thirty (30) days from the date of sale of the property.
j.
Freestanding Signs.
1.
Where permitted, one (1) freestanding sign shall be permitted at a rate of one (1) square foot of sign (per side), for every three (3) linear feet of street frontage. Freestanding signs shall not exceed a total maximum area of thirty (30) square feet per side.
2.
Freestanding signs shall be located a minimum of five (5') feet from all property lines.
3.
Freestanding signs shall be no higher than fifteen (15') feet above ground level, and shall have no more than two (2) sides.
k.
Temporary banners, limited to one (1) at a time, at least seven and one-half (7 1/2) feet above grade and not greater than thirty-six (36) square feet in total area, shall be permitted for seasonal or temporary sales for fourteen (14) days prior and three (3) days after the seasonal or temporary sale.
l.
Projecting signs may not project more than sixty (60") inches from the exterior wall of the building.
m.
Suspended signs may not extend farther away from the exterior wall of the building than the structure from which it is supported. In no case shall the suspended sign be greater than five (5') feet from the exterior wall of the building.
n.
One (1) etched or painted permanent window sign shall be permitted in windows of any retail or commercial business, providing it does not exceed twenty-five (25%) percent of the window area.
o.
One (1) awning or canopy sign shall be permitted on the vertical fringe of the awning or canopy providing the maximum letter height does not exceed eight (8") inches. Under no circumstances shall the awning or canopy be internally illuminated.
p.
Changeable copy signs are permitted.
q.
Time and temperature signs are permitted but in no case shall the area of such signs exceed the maximums permitted.
r.
Neon or gas tubing signs are permitted and subject to the following conditions:
1.
Neon or gas tubing attached to facades and roof lines to accentuate architectural elements is considered to be a sign by definition in the ordinance. A development application to the Planning Board and Zoning Board is required to seek approval of neon tubing used as an architectural element. In no case shall any neon or gas tubing exceed an initial output of two hundred (200) lumens.
2.
No neon or gas tubing sign may revolve, flash or display movement or the illusion of movement.
3.
Neon or gas tubing signs can be installed in windows but shall not exceed twenty-five (25%) percent of the total window area. The area of neon signs is calculated by creating a rectilinear area around the sign and calculating the sign area within the rectilinear space.
4.
Whenever a parcel in the commercial district is directly across the street from residential districts as shown on a map of Sea Isle City, neon and gas tubing signs are prohibited.
5.
All neon or gas tubing signs are required to have an initial output of less than two hundred (200) lumens.
s.
The City specifically recognizes the unique character and signage located in and around the area of the City commonly known as "Fish Alley." This section is intended to enhance and preserve this area of the City with its lobster, fish and other unique signage by legalizing such signage.
1.
Fish Alley" is defined as that commercial area from:
(a)
42nd Place, south side running Park Avenue to the bay:
Block 41.05 Lots 12-62.
(b)
Park Avenue from 42nd Place running south, both sides to 44th Street, south side:
Block 41.05 Lots 1-11,
Block 43.05 Lots 1-11,
Block 42.04 Lots 1, 2, 3, 4.01, 17, 18, 19, 20, 21,
Block 43.04 Lots 1, 2, 3.01, 3.02, 4, 17, 18, 19
(c)
43rd Place from Park Avenue to the bay, both sides:
Block 42.05 Lots 1-43,
Block 42.06 Lots 1-40
2.
Any commercial signage within this area shall comply with the criteria of this sign section with the exception of one large signature sign per lot. Such signature sign shall be creative in shape and size, depicting the fish alley heritage, and be a minimum size of forty (40) square feet to a maximum of eighty (80) square feet. Sign must be illuminated from interior. This sign is in addition to any other sign permitted by this section.
§ 26-28.4 Public Use and Public Conservation Districts and Uses.
[Ord. No. 1492 (2010) § 7; Ord. No. 1568 (2014) § 2]
a.
Public Use.
1.
In P1 and P3 Districts there are no restrictions on placement, number, size, etc., of City signs. No signs other than City signs permitted. Portable Signs are permitted on the Promenade consistent with Chapter 26, Section 26-28.5c8(b).
2.
In P2 and B1 Districts there shall be no signs.
§ 26-28.5 Approval/Permit Required.
[Ord. No. 1492 (2010) § VIIII; Ord. No. 1568 (2014) § 2]
a.
No sign, other than exempt signs set forth in paragraph c below, shall be erected without first obtaining a sign permit from the Zoning Officer. Permit applications shall be accompanied by a plan, drawn to scale, showing details of the sign, type of illumination, type of materials, colors, its size and location on the building and/or lot.
b.
All development applications shall submit all signs for all commercial space/uses to be fitted out and occupied immediately upon issuance of a Certificate of Occupancy to be approved by the Planning Board or Zoning Board consistent with the Site Plan Review Ordinance, Chapter 30. Signs for all commercial space/uses not approved by a Board at the time of Site Plan Review shall obtain approval from the appropriate Board prior to fit out, or occupancy, subject to application of Site Plan waiver pursuant to Chapter 30, subsection 30-2.2a7. Either Board shall have the authority to vary requirements of this section consistent with land use law.
c.
Exemptions. The following signs are permitted in any zone without prior approvals:
1.
Real estate rental or sale sign consistent with this section.
2.
One (1) nonilluminated construction sign is permitted on any premises for which a zoning or construction permit has been issued, which sign shall be removed within seven (7) days of either the completion of construction or the issuance of the final Construction Department Certificate of Occupancy, or final Construction Department inspection of the project to which the sign relates, whichever comes first.
3.
Decorations for a recognized officially designated holiday or casual observance provided that they do not create a traffic or fire hazard.
4.
Official municipal, County, State or Federal governmental signs.
5.
Political signs are permitted on private property throughout the City provided that they do not create a traffic or fire hazard. All political signs shall be removed no later than two (2) days after election.
6.
Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two (2) square feet in area.
7.
Signs for a demolition sale that has obtained a permit. Such signs may not exceed three (3) square feet and shall not be attached to trees or utility poles. Demolition sale signs may not be erected more than three (3) days prior to such sale, and must be removed immediately after the sale.
8.
(a)
Portable signs, including a swinger, "A" frame or sandwich sign, no larger than eight (8) square feet when, utilized to advertise daily specials, special events, restaurant menu specials and the like, providing the sign is only displayed when the establishment is open for business. These signs shall be located on the property to which they relate and under no circumstances shall these signs impede pedestrian flow or be located in a sight triangle.
(b)
Portable signs as defined in subsection 26-28.1 will be permitted on the Promenade provided all requirements are met as defined below in this section. This section prohibits the use of "A" Frame signs or sandwich signs on the Promenade. Portable signs on the Promenade shall expire on May 1, 2015. Until then, notwithstanding any provision to the contrary in this section, one (1) portable sign shall be permitted in front of a place of business along the Promenade in the public right-of-way as defined by this section, provided they comply with the following provisions:
(1)
Each place of business holding a mercantile license along the Promenade is allowed one (1) sign and in no case shall a place of business along the Promenade be allowed more than one (1) sign and shall comply with paragraph c herein.
[a]
Insurance. No portable sign shall be placed in the City right-of-way along the Promenade without providing the City with proof of the following:
[1]
Insurance. Each applicant must supply the City with a certificate of insurance to hold harmless the City, showing limits of not less than one million ($1,000,000.00) dollars bodily injury and property damage, combined single limit of liability; and for any establishments that are permitted to allow or sell alcoholic beverages, the applicant shall also provide for liquor liability insurance with not less than two million ($2,000,000.00) dollars bodily injury and property damage, combined single limit of liability. The City must be added to the liability insurance policy of any business displaying a portable sign as allowed by this section along the Promenade, as an additional insured. The policy or policies of insurance must be with a company or companies authorized to do business in the State of New Jersey and shall be delivered to the City, with evidence of payment of premiums therefor.
The City shall be designated by business owner to be notified by the insurance company in the event of cancellation of insurance for any reason.
[b]
Hold Harmless Agreement. Business owners displaying a portable sign as permitted by this section along the Promenade must also agree to save, hold and keep harmless and indemnify the City from and for any and all payments, expenses, costs, attorney fees and from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omission by the business owner or the business owner's agents, employees, guests, licensees, invitees, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the use of the City's right-of-way along the Promenade by the business owner and the conduct of the owner's business within that portion of the Promenade area for which a portable sign is displayed as permitted by this section was granted to the respective business owner. The action by the business owner of placing the portable sign in the City's right-of-way along the Promenade as permitted by this section shall be deemed conclusive evidence of the business owner's agreement to indemnify the City as aforesaid. However, in addition, the business owner shall execute and deliver a hold harmless agreement to the City, in a form supplied by the City, prior to placement of any sign.
(2)
Sign shall be located on the Promenade along the west railing not to extend out more than thirty-six (36") inches from said railing.
(3)
The location of the sign must not be in front of any beach entrance, boardwalk ramp, bench or trash can, not block or restrict passageway along the Promenade or block the ingress/egress to any building. Signs shall be located within the proximity of the business owner's front door. No sign shall be located within ten (10') feet of another sign.
(4)
Portable signs located on a public right-of-way shall not violate the requirement of the Americans with Disability Act (ADA) as amended from time to time.
(5)
The sign shall not exceed three and one-half (3 1/2) feet in height nor two and one-half (2 1/2) feet in width, with a total square footage not to exceed the permitted area as allowed in paragraph c, herein.
(6)
All signs shall be maintained by the owners of the sign at all times, in a clean, neat and attractive condition and in good repair. The area around the sign shall be kept free of debris and litter at all times.
(7)
The sign must be temporary and readily removable without any damage to the surface of the Promenade, adequately weighed so as not to move easily and shall not be permitted to have any material(s) attached to it or hanging from it such as but not limited to flyers, ribbons, balloons, streamers, electrical components, speakers, it shall not be illuminated, animated, or anything of the like in any way.
(8)
The owner of the sign shall ensure that it does not blow around by bringing the sign in when weather conditions occur that would cause the sign to be blown around or by designing a sign of durable materials designed to withstand the types of exterior conditions that come to the Promenade.
(9)
Examples of the types of portable signs anticipated by this section are shown below.
 |  |
(10)
The advertising of alcoholic beverages shall not be permitted on portable signs. No picture or drawings of alcoholic beverages shall be permitted on the portable sign.
(11)
The sign is allowed only during the sign owner's business hours and must be moved inside when the business is not open.
(12)
No signs shall be placed anywhere on the Promenade during special events on the Promenade and/or when directed by the Construction Official.
(13)
Any disputes over location of signs shall be resolved by the Construction Official whose determination shall be final. The Construction Official shall have the right to require the relocation of any sign deemed to be an interference with public use of the Promenade.
(14)
Signs shall comply with all applicable City, State and Federal Laws and regulations.
9.
Restaurant menus when displayed in a glass case affixed to the exterior building wall for that purpose, or when displayed on a signboard located in close proximity to the restaurant entrance located on private property. The area of the signboard or display case shall not exceed the menu size by more than thirty (30%) percent, and shall not be greater than four (4) square feet.
10.
Temporary window signs shall not impede a clear view through the total storefront window area, and shall be promptly removed upon termination of the sale or event, and shall not be displayed for longer than one hundred twenty (120) days.
11.
Directional and informational window signs including hours of operation, credit card acceptance, and business affiliations are considered informational signs and are not included in the twenty-five (25%) percent maximum permitted window sign area. No sign with a commercial message legible from a position on the street shall be considered directional and informational.
12.
Open house directional signs, open house signs and streamers/pennants may be posted. Balloons are permitted. Helium filled balloons are prohibited. Open house directional signs and open house signs shall have a face no greater than six (6) square feet and a height no greater than six (6') feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs may be posted at nearby intersections and within the public right-of-way (between curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on premises along with an open house sign posted in accordance with this subsection and hanging no lower than seven and one-half (7 1/2') feet from grade. Open house directional signs, open house signs, streamers/pennants and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on premises and shall hold an open house for no longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, streamers/pennants, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties set forth under Section 26-90.
13.
Signs defined as "yard sale" and "yard sale directional signs" which do not include open houses, may be posted in accordance with this subsection only if the sponsor has a current permit for the "yard sale." Balloons are permitted. Helium filled balloons are prohibited. Yard sale directional signs and yard sale signs shall have a face no greater than three (3) square feet and a height no greater than three (3') feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). Yard sale signs and yard sale directional signs shall be posted only from 7:00 a.m. to 5:00 p.m. daily and a representative of the sponsor is present on the premises and must be removed promptly when the sale is over.
14.
Temporary banner signs on buildings promoting functions of nonprofit organizations shall be permitted one hundred twenty (120) days prior to the event and shall be removed three (3) days after the event. These signs shall not exceed thirty-two (32) square feet.
§ 26-28.6 Prohibited Signs.
[Ord. No. 1492 (2010) § IX]
All signs, which are not expressly permitted or exempt from regulation in accordance with this chapter, are prohibited. The following are examples of signs, which are expressly prohibited:
a.
Signs on JFK Boulevard median islands other than traffic safety, directional, public warning signs and special event signs;
b.
Signs hung or attached to Boardwalk railings;
c.
Beacons;
d.
Tethered balloons;
e.
Signs using red, yellow and green lights, which mimic the operation of any traffic control signal;
f.
Signs using the words such as "stop," "look," "danger," which are placed to constitute a traffic hazard or interfere with the free flow of traffic;
g.
Roof signs or signs mounted on the roof;
h.
Vehicles or trailers located to serve as a sign in circumvention of this section;
i.
Signs which present lewd language or graphic sexual depictions;
j.
Bench signs, which display a commercial message;
k.
Bus shelter signs;
l.
Temporary signs of builders, architects, engineers, developers, contractors, mechanics, painters, paperhangers, and/or artisans, except where expressly permitted;
m.
Any signs on trees or utility poles;
n.
Signs worn on a person, with both a front and back panel, commonly referred to as a "sandwich board;"
o.
Signs painted or attached to a motor vehicle, trailer, or other portable device which is so located or so placed as to be intended to be used as an advertisement or billboard.
§ 26-28.7 Billboard or Off-Premises Signs.
[Ord. No. 1492 (2010) § X]
The purpose of this section is to promote the unique scenic beauty of the City of Sea Isle City. Specifically, N.J.A.C. 16:41C-1 et seq., entitled Roadside Sign Control and Outdoor Advertising, prohibits billboards and off-premises signs adjacent to the Garden State Parkway, scenic areas, and in residential areas. Whereas there are no highways located in or adjacent to the City, and whereas residential districts are located in proximity to commercial districts and there are no industrial districts located in or adjacent to the City, the City of Sea Isle City hereby prohibits all billboard and/or off-premises signs.
§ 26-29.1 Glare Prevention.
[Ord. No. 1038 § 414.01]
All uses shall design lighting to prevent glare beyond property lines.
§ 26-29.2 Height Limitation.
[Ord. No. 1038 § 414.02]
For all uses the maximum height of freestanding lights shall be twenty-five (25') feet.
§ 26-29.3 Intensity Standards.
[Ord. No. 1038 § 414.03]
For all uses the following intensity standards shall apply: A minimum of three-tenths (0.3) foot candle anywhere in the area to be illuminated, and shall average a minimum of five-tenths (0.5) foot candle over the entire area.
§ 26-29.4 Other Requirements.
[Ord. No. 1038 § 414.04; Ord. No. 1510 (2011) § 23]
Lighting shall additionally be designed to:
a.
Blend with the architectural style of buildings.
b.
Provide for safe movement of pedestrians and vehicles, and shall include low or mushroom type standards along pedestrian walkways or wall hung fixtures.
c.
Lighting standards of all rights-of-way should meet the Illuminating Engineering Society (IES) photometric requirements.
d.
The types of lights and fixtures used on the site should be consistent throughout.
1.
Sternberg Lighting's Ripon A 1130A, 150 watt, colored black or Reno 1910-508-5, 100 watt, colored black or approved equivalent shall be installed.
2.
Bollards are recommended to be used to light pedestrian areas. Sternberg Lighting's 7701 LB Birmingham 70 watt high pressure sodium with a four (4) foot mounting height, colored black or approved equivalent shall be installed.
e.
Not create a hazard to vehicular traffic within in the public street.
§ 26-30.1 Satellite Television Antenna Use.
[Ord. No. 1038 § 415.01; Ord. No. 1477 (2010) § II]
The use of satellite television antennas in the City is hereby permitted as a conditional use in all zoning districts. No such antenna shall be erected, constructed, altered or maintained in any district and/or on any lot without complying with the conditions of this section and all other sections of this chapter.
§ 26-30.2 Satellite Television Antenna Conditions.
[Ord. No. 1038 § 415.02; Ord. No. 1477 (2010) § II]
Conditions governing the use of satellite television antennas:
a.
No more than one (1) antenna is permitted on any residential lot.
b.
Antennas are to be located in the rear yard of all residential lots. In no instance shall an antenna be located in a front yard or a side yard.
c.
All antennas shall be set back from all side yard and rear property lines by at least five (5') feet. In no instance shall any portion of the antenna be located closer than five (5') feet from all side yards and rear property lines.
d.
All antennas are to be "ground mounted." Specifically, no antenna is to be mounted upon or placed upon the roof of any structure.
e.
No portion of an antenna is to exceed eighteen (18') feet in height as measured from the existing ground level. Satellite television antenna foundations are to be designed so that the antenna can withstand winds of one hundred (100) miles per hour. Prior to the installation of the antenna, certification that the antenna can withstand winds of one hundred (100) miles per hour shall be submitted to the City by a professional engineer licensed by the State.
f.
The maximum diameter of an antenna shall not exceed ten (10') feet. All antennas are to be properly screened with landscaping so as to minimize the view of the antenna from adjacent properties and streets. One (1) example of properly screening an antenna with landscaping would be evergreen plantings planted four (4') feet center to center, which plantings would be between four (4') and five (5') feet high at the time they are planted.
g.
In no way will this section prohibit or restrict the installation, maintenance or use of antennas used to receive video programming. This applies to video antennas including direct-to-home satellite dishes that are less than one (1) meter (39.37") in diameter as pursuant to rule 47 CFR 1.4000.
§ 26-30.3 Solar Energy System Purpose.
[Ord. No. 1477 (2010) § III]
a.
The primary purpose of a solar energy system will be to provide power for the principal use of the property wherein said system is to be located and shall not be for the generation of power for commercial purposes for resale.
b.
Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All solar energy systems require approval from the Zoning Officer and the local Construction Officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this subsection. In the event that the Zoning Officer or Construction Office does not believe the provisions of this subsection will be satisfied, an applicant may request and/or file a variance application from the City's Zoning Ordinance, as amended, as applicable.
c.
Applicability of Section. This section shall apply to systems intended for the provision of the electrical or mechanical power needs of the owner/operator of the system and/or property situated with the solar energy systems. Said approval shall cover the location of the system as shown on the plan submitted as part of the application for approval. For systems intended for uses other than the ones stated, the City's Planning Board or Zoning Board approvals shall be required. Any solar energy systems installation not meeting the requirements or contents of this section shall submit a variance plan to applicable Planning or Zoning Board for consideration.
§ 26-30.4 Solar Energy System Standards.
[(Ord. No. 1477 (2010) § IV]
a.
Solar Energy Systems.
1.
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of twelve (12") inches from the surface of the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels greater than one (1') foot to what is permitted in the zoning district, which they are located for the principal building. Building height is defined in each district of the Zoning Ordinance, Chapter 26. Panels installed in a rooftop configuration must be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof.
2.
Any solar panels and/or arrays mounted on a pole, tower and/or ground mounted apparatus or array of any size is prohibited under this section.
b.
The design of solar energy systems shall, to the extent reasonably possible, including but not limited to rooftop installations, interconnection cabinets, etc., use materials, and colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
c.
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level as required by the New Jersey Plumbing Codes.
d.
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification in accordance with paragraph g below, appropriate warning signs, or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
e.
Utility Notifications and Interconnection. Solar systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
1.
Labeling Requirements. A minimum of one (1) sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number, serial number and model number.
(d)
Emergency and normal shutdown procedures.
Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter in order to notify emergency personnel of the solar energy system.
2.
Utility Company Notification. The Atlantic City Electric Company, its successors and assigns, and/or as designated by State authority, shall be notified in writing of any proposed interface to the Company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy systems so as to comply with the Utility Tariff specifications. Evidence of such notification shall be submitted at time of application for zoning permit and/or building permit.
f.
Standards for and Regulation of Solar Energy System.
1.
Construction. Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code as adopted and as currently amended, by the State of New Jersey, and any future amendments and/or revisions to same.
2.
The installation of a solar energy system shall conform to the National Electric Code as adopted by the NJDCA and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all Atlantic City Electric Company requirements for interconnection, its successors and assigns, and/or as designated by State authority, in perpetuity.
3.
The structural design of any solar energy system shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
4.
Utility Company Notification. The Atlantic City Electric Company, its successors and assigns, and/or as designated by State authority shall be notified in writing of any proposed interface with that Company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy conversion systems so as to comply with the Utility Tariff specifications. Copy of said notification shall be submitted at time of application.
5.
The property owner and/or installer of the solar panel installation must receive approvals from any outside agencies having jurisdiction over the project prior to the installation.
g.
Miscellaneous.
1.
All electric lines/utility wires shall be buried underground, as applicable and by applicable regulation and/or Code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
2.
When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed one hundred twenty (120) square feet in area nor eight (8) feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the Zoning District from any property line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a lock and posted with a small sign notifying the existence of a solar energy system batteries and storage cells on the outside of the building or cabinet, in order to notify emergency personnel.
3.
Solar energy system shall not add, contribute to or be calculated to cause an increase in the "building coverage of all buildings" requirement and/or maximum lot impervious surface(s) coverage of any lot, parcel and/or property.
4.
Any approval of solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the City of Sea Isle City under this section shall not create any future liability or infer any vested rights to the owner and/or property owner of solar energy system on the part of the City of Sea Isle City or by any other officer or employee thereof for any future claims against said issuance of approval of solar energy system that result from reliance on this section or any administrative decision lawfully made there-under.
§ 26-30.5 Solar Energy System Zoning Permit Requirements and Procedure.
[Ord. No. 1477 (2010) § V]
a.
Permit. A zoning and building permit shall be required for the installation of a solar energy system. An owner shall submit an original and one (1) copy of the application for zoning permit to the Zoning Officer. A building permit shall be applied for at the Sea Isle City Construction Office, as a separate application.
b.
Documents. The zoning and building permit applications shall be accompanied by a sketch plan or survey which shall accurately depict the proposed solar energy system and includes the following:
1.
Property lines and physical dimensions of the property;
2.
Location, dimension (including height) and types of existing major structures on the property;
3.
Location, dimension, and type of the proposed energy system;
4.
The right-of-way of any public road that is contiguous with the property;
5.
Any overhead utility lines;
6.
Manufacturer solar energy system specification/cut sheets certified by licensed New Jersey engineer, including manufacturer and model;
7.
Notification of utility company for interconnection purposes;
The documents and plans shall contain enough information and accurately depict the installation of the solar energy system for the City of Sea Isle City to make a formal decision on the application. The amount of information and accuracy of information shall be in the sole judgment of the Zoning Officer and/or Sea Isle City Construction Office. |
c.
Fees. The fee required must accompany the application for a zoning permit for a solar energy system. A fee of $200 per each application is required, payable to the City of Sea Isle City. The Sea Isle City Construction Office shall set building permit fees.
[Amended 8-27-2019 by Ord. No. 1637]
e.
The Zoning Officer shall issue a zoning permit or deny the application within ten (10) days of the date on which the application is deemed complete.
[N.J.S.A. 40:55D-78]
f.
If the zoning permit application is approved, the Zoning Officer will return one (1) signed copy of the application with the zoning permit and retain the other copy with the application.
g.
If the zoning permit application is rejected, the Zoning Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Zoning Officer's decision pursuant to the appropriate appeal authority. The applicant may reapply if the deficiencies specified by the Zoning Officer are resolved.
h.
Applications for applicable permits from the Sea Isle City Construction Office shall follow the applicable time limits and procedures of the Sea Isle City Construction Office.
§ 26-30.6 Solar Energy System Administration and Enforcement.
[Ord. No. 1477 (2010) § VI]
a.
The Zoning Officer shall administer this section or other City of Sea Isle City official as designated.
b.
The Construction Official and any Subcode Official may enter any property for which a permit application has been applied for and/or permit been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
c.
At the discretion of the Zoning Officer, and/or Sea Isle City Construction Office for which a zoning, building and/or electrical permit was obtained as applicable, the City reserves the right to require the applicant to obtain and submit an "As-Built" survey upon completion of the solar energy system evidencing the exact location and height of the structures to insure said installation is made in accordance with the requirements of the City of Sea Isle City.
d.
The Construction Official may issue orders to abate any violation of this section. The Construction Official may issue a citation for any violation of this section.
e.
The Construction Official may refer any violation of this section to the City of Sea Isle City's legal counsel for enforcement.
§ 26-30.7 Solar Energy System Penalties.
[Ord. No. 1477 (2010) § VII]
a.
It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section.
b.
Solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section.
c.
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in subsection 26-90.3.
d.
Nothing in this subsection shall be construed to prevent the City Council and/or administrative officers of the City of Sea Isle City from using any other lawful means to enforce this section.
§ 26-30.8.1 Electric Vehicle Purpose.
[Added 3-22-2022 by Ord. No. 1677]
The purpose of this Subsection 26-30.8 is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces as mandated by State law. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
a.
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
b.
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
c.
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
d.
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
§ 26-30.8.2 Electric Vehicle Definitions.
[Added 3-22-2022 by Ord. No. 1677]
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (C. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
Means a single family structure and a two unit structure where each unit of the two units is used for single family occupancy.
§ 26-30.8.3 Electric Vehicle Approvals and Permits.
[Added 3-22-2022 by Ord. No. 1677]
a.
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to C. 40:55D-70.
b.
EVSE and Make-Ready Parking Spaces installed pursuant to Section 26-30.8D. below in development applications that are subject to site plan approval are considered a permitted accessory use as described in 1. above.
c.
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d.
The City's Zoning Officer and/or Code Official shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this ordinance shall be subject to the same enforcement and penalty provisions as other violations of the City of Sea Isle City's land use regulations.
e.
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
1.
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
2.
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
3.
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
f.
An application pursuant to Section 5. above shall be deemed complete if:
1.
The application, including the permit fee and all necessary documentation, is determined to be complete,
2.
A notice of incompleteness is not provided within 20 days after the filing of the application, or
3.
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g.
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
§ 26-30.8.4 Electric Vehicle Requirements for New Installation of EVSE and Make-Ready Parking Spaces.
[Added 3-22-2022 by Ord. No. 1677]
a.
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
1.
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
2.
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
3.
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
4.
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
5.
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
b.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph a above shall:
1.
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
2.
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
3.
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
4.
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
5.
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
6.
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
7.
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
8.
Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
§ 26-30.8.5 Electric Vehicle Minimum Parking Requirements.
[Added 3-22-2022 by Ord. No. 1677]
a.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, in that zone, pursuant to Sea Isle City Zoning Chapter.
b.
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
c.
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
§ 26-30.8.6 Electric Vehicle Standards for EVSE and Make-Ready Parking Spaces.
[Added 3-22-2022 by Ord. No. 1677]
a.
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
b.
Installation:
1.
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2.
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
3.
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
4.
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
c.
EVSE Parking:
1.
Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The owner of said spaces shall have the option of determining the use of time limits.
2.
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
3.
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code Section 1-5. Signage indicating the penalties for violations shall comply with Subsection 26-30.8.6d below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
4.
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
d.
Safety.
1.
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection 26-30.8.6d below.
2.
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Sea Isle City's ordinances and regulations.
3.
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
4.
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
e.
Signs.
1.
Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE.
2.
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
3.
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:
f.
Usage Fees.
1.
For publicly-accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be $0 for each hour that the electric vehicle is connected to the EVSE.
2.
Private EVSE: Nothing in this Subsection 26-30.8 shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ 26-31 EASEMENTS.
[Ord. No. 1038 § 416]
No building shall be constructed within an easement.
§ 26-32.1 Deed Restriction.
[Ord. No. 1038 § 417.01]
Privately owned recreational areas may include swim clubs, lodges, and other recreational facilities, and shall remain in recreational use as approved on the development plan. Said uses shall be guaranteed by deed dedication of the recreational areas when they are no longer used for private recreational uses as approved on the development plan. Said deed restriction shall also guarantee to the residents of the development area the use of the private recreational facilities, upon payment of normal fees only.
§ 26-32.2 Creation of a Homeowners Association.
[Ord. No. 1038 § 417.02]
a.
The deed restrictions and covenants described above shall provide that the City and a duly created Homeowners Association shall be party beneficiary to such covenant and entitled to enforce its provisions. The Planning Board shall have the right to require a private Homeowners Association to hold title to all open space, common areas or recreational facilities, or to require such areas and facilities to be in municipal ownership after consideration of the relative merits of each alternative as to requirements of and service to the City as a whole and the specific development.
b.
Membership in the Homeowners Association by all development residents shall be mandatory. Such required membership and the responsibilities upon the members shall be in writing between the Homeowners Association and the individual, in the form of a covenant by each member, agreeing to their liability for their pro rata share of the association's costs and providing that the City shall be a party beneficiary to such covenant and entitled to enforce its provisions.
c.
The Association shall be responsible for liability insurance, local taxes, maintenance of land deeded to it, and any facilities that may be erected on this land. The property owners in an approved Homeowners Association shall pay pro-rata shares of the cost for providing liability insurance, local taxes and the maintenance of such deeded open land and any recreation facility upon it. The assessment levy by the Association may become a lien on the part of the private property in the development. The duly created Homeowners Association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated, or in any other way conveyed to the City for a public purpose only, such as schools, parks, municipal facilities and other public use.
d.
The Homeowners Association, initially created by the developer, shall clearly describe in its bylaws the rights and obligations of any homeowner in the development, along with the covenants and model deeds, the articles of incorporation of the Association, and any other information that the City and its attorney may deem necessary for the protection of all parties concerned, prior to the granting of final approval by the Planning Board.
e.
Provisions shall be made to ensure that control of the Homeowners Association shall be transferred to the individual homeowners in the development at such time as the lot owners, on the basis of one (1) vote per lot, shall represent two-thirds (2/3) of the total number of votes. Adequate provision shall be made for homeowner representation during development and for a smooth transition of responsibility and control.
f.
In the event that the organization established to own and maintain common open space shall at any time after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the plan, the City may serve notice, hold hearings and enter upon said common open space in order to maintain same, and the cost of such maintenance by the City shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space, and shall become a tax lien on said properties.
§ 26-32.3 Common Open Space.
[Ord. No. 1038 § 417.03]
All common open space shall be developed and maintained in accordance with the development plan. All landscaping and fencing will be replaced as required as a part of the common open space maintenance program.
§ 26-32.4 Dedication of Public Lands.
[Ord. No. 1038 § 417.04]
a.
All of the streets within the development and all land to be devoted to public purposes shall be deeded to the City. Land to be used as common open space by all homeowners and tenants shall be deeded to a duly created Homeowners Association or to the City in accordance with subsection 26-32.2.
b.
All executed deeds shall be tendered simultaneously with the granting of final development approval. The dedication of open space land, streets or other lands in common ownership of the Homeowners Association shall be absolute and not subject to revision for possible future use for further development.
c.
The lands to be deeded for public purposes shall be located, shaped, improved, and developed as approved by the Planning Board, which shall consider the suitability, physical condition and location of lands with regard to their proposed uses and to the needs of the neighborhoods, area or entire City in reaching its determination.
§ 26-33.1 Regulations.
[Ord. No. 1038 § 418]
In all nonresidential districts and for nonconforming nonresidential uses in residential districts, appropriate facilities for placement of trash and garbage shall be required. Such facilities shall be designed so that they are completely enclosed and contents are not visible; they fit within an overall project design; they are buffered from principal structures, parking facilities and pedestrian and vehicular roadways; they meet the approval of the City Construction Code Official and the Superintendent of Public Works. Roofing is not required. Provisions for the collection, disposition and recycling of recyclable materials shall be subject to any other applicable ordinances of the City or State Statutes.
§ 26-34.1 Encroachment Prohibited.
[Ord. No. 1038 § 419]
No structure, including cantilevered or supported decks or porches, shall be permitted to encroach on a defined canal or lagoon right-of-way. If the property owner's deed permits the placement of a pier, dock or mooring piling within a lagoon right-of-way, these structures may be permitted provided that they do not exceed the limits prescribed in the deed. However, in no case shall a pier, dock or mooring piling be located within thirty (30') feet of the lagoon center line. These provisions do not apply to Rio Delle Ponte which is governed by the special provisions of Ordinance No. 963 of the City of Sea Isle City.
§ 26-35.1 Regulations.
[Ord. No. 1038 § 420; amended 11-22-2022 by Ord. No. 1691]
No structures, including but not limited to buildings, decks, porches, carports, garages, terraces and patios, and no parking spaces shall be permitted within six (6) feet of any current dune line as identified in Chapter 21 Section 4.3. Dune protection and nourishment structures are excepted.
§ 26-36 IMPERVIOUS SURFACE COVERAGE.
[Ord. No. 1383 § IV; Ord. No. 1397 (2006) § VI; Ord. No. 1462 (2009) § IV]
a.
The maximum permitted impervious lot coverage in all zoning districts shall be seventy (70%) percent of the lot area, except as specified herein:
b.
Impervious surface coverage allowances may be offset a maximum of five (5%) percent above the maximum impervious surface coverage limits established in Section 23-36a in certain instances, provided that the developer designs and constructs an underground recharge system approved by the City Engineer, Planning Board Engineer, or Zoning Board Engineer, as appropriate. Prior to issuance of a zoning permit or final approval of an application for development, the recharge system must be designed by a licensed New Jersey engineer and approved by the City Engineer, Planning Board Engineer, or Zoning Board Engineer, as appropriate. Prior to occupancy of a Certificate of Occupancy for the subject premises, the design engineer must provide written certification that the system has been constructed and will function as designed and approved; and the applicant/owner shall certify that the maintenance program and schedule will be adhered to.
§ 26-37 CERTIFICATION OF FRONT YARD, SIDE YARD, REAR YARD, HEIGHT, BUILDING COVERAGE AND IMPERVIOUS SURFACE COVERAGE COMPLIANCE.
[Ord. No. 1383 § V; Ord. No. 1397 (2006) § VII]
a.
Prior to the issuance of any Certificate of Occupancy or prior to the actual occupancy of any building, the owner of the building or agent designated or appointed by the owner shall submit to the Zoning Officer a certification prepared by a licensed surveyor of the State of New Jersey demonstrating compliance with the applicable side yard setbacks, rear yard setbacks, front yard setbacks, building height, building coverage, impervious surface coverage, off-street parking, driveway, landscaping, and such other information as may be required by the Zoning Officer to verify zoning compliance. Upon receipt of said certification, the Zoning Officer shall review the information and, if it is determined by the Zoning Officer that the proposed structure meets the use requirements and all applicable bulk requirements, he shall issue a final Zoning Permit to the Construction Official.
b.
In the event the Zoning Officer determines that the project does not conform to the use, bulk standards, or other applicable provisions of the zoning regulations and/or conditions as may have been approved by either the Planning Board or Board of Adjustment, he shall immediately send written notification to the applicant/owner of the findings and deviations.
§ 26-38 STORMWATER MANAGEMENT SYSTEMS. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1383 and 1397 (2006).
§ 26-38.1 Standards Applicable to All Development.
[Ord. No. 1480 (2010) § I]
a.
General Standards.
1.
Channeling runoff directly to water bodies is prohibited. Instead, runoff shall be routed through swales, gutters, downspouts or other drainage systems designed to increase the time of concentration, decrease the velocity or runoff, increase infiltration and allow suspended material to settle.
2.
Natural channels shall not be modified, developed, dredged, cleared of vegetation, deepened, widened, straightened or otherwise altered. Artificial channels should not be dredged, cleared of vegetation, deepened, widened, straightened or otherwise altered without any applicable permits issued by the New Jersey Department of Environmental Protection or any other state or federal entity with jurisdiction. Water should be retained or detained before it enters any natural channel in order to preserve the natural hydrodynamics of the channel and to prevent siltation or other forms of pollution.
[Amended 9-24-2019 by Ord. No. 1643]
3.
Gutters and downspouts shall be required to transport stormwater runoff from roofs and buildings. Retention and detention facilities should be used in connection with gutters and downspouts to transport stormwater runoff and to retain and detain the increased and accelerated runoff which the development generates. Water should be released from detention facilities into watercourses or wetlands at a rate and in a manner approximating the natural flow which occurred before development.
4.
The sides of any detention and/or retention basin should slope at a gentle grade into the basin bottom as a safeguard against drowning and personal injury and to ensure the structural integrity of the facility.
5.
The bottom of all proposed detention and/or retention structures should be at least two (2') feet above any impervious soil formations and/or the seasonal high water table found in the soil logs.
6.
The area of land disturbed by development shall be as small as practicable. Those areas which are not to be disturbed should be protected by an adequate barrier from construction activity using acceptable soil erosion and sedimentation control techniques. Whenever possible, natural vegetation should be retained and protected.
7.
No grading, cutting or filling should be commenced until the plan is approved by the municipality, County Planning Board (where applicable) and the Soil Conservation District.
8.
Land which has been cleared for development and upon which construction has not commenced should be protected from erosion by appropriate techniques designed to revegetate the area.
9.
The maintenance cost of all on-site stormwater collection and management systems is to be borne by the property owner(s). The responsibility for maintenance of off-site facilities is to be determined by the applicable land use board at the time of any preliminary review and approval. The City has the right to enter upon any property located within Sea Isle City to maintain any on-site storm- water collection and management system or privately owned off-site stormwater collection and management system located within the City and to charge the property owner for the cost of such maintenance work, in the event the property owner fails to live up to the obligations of maintenance contained herein. The construction of any stormwater management collection and management system grants the City of Sea Isle City the right to access all facilities to effectuate the purpose of inspection and repair of those facilities as may be necessary. The City shall maintain all publicly owned stormwater collection and management systems located within the City of Sea Isle City.
b.
Stormwater Management Plan Details and Design Criteria. The following information shall be submitted along with any application for development.
1.
The proposed finished grade elevations at the corner of any structure or structures;
2.
Existing topography and proposed grading at contour intervals of one (1') foot;
3.
The lowest elevation within any proposed structure after its completion;
4.
The location, type and size of all existing and proposed storm drainage facilities and other utilities serving the premises in question;
5.
The location, size and nature of all existing and proposed drainage rights-of-way or easements, and the location, size and description of any land to be dedicated to the City;
6.
The layout and size of any existing or proposed public street(s);
7.
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls and water retention facilities;
8.
All the pertinent rainfall data, stream flow data, gauging, etc., on which any calculations are based;
9.
Complete calculations and hydraulic profiles for normal, average and storm of record;
10.
In addition, where required by the Planning Board, the developer shall furnish information relating to subsurface condition, based on percolation tests, soil borings and/or probes; and
11.
Any and all other information and data necessary to meet any of the requirements of this chapter.
c.
In order to duplicate as nearly as possible natural drainage conditions, regulation and control of stormwater runoff and erosion shall be through on-site stormwater detention and/or ground absorption systems, which shall include but are not limited to the following:
1.
Detention areas, which may be depressions in parking areas, excavated basins or basins created through the use of curbs or other forms of grading which serves to temporarily impound and store water.
2.
Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by the use of drain outlets, which restrict the stormwater runoff to the roof surface.
3.
Dry wells or leaching basins which control stormwater runoff through ground absorption and temporary storage.
4.
Porous asphalted pavement, which preserves the natural ground absorption capacity of a site and provides a subsurface reservoir for temporary storage of stormwater.
5.
Any system of porous media, such as gravel trenches drained by porous wall or perforated pipe, which temporarily stores and dissipates stormwater through ground absorption.
6.
Any combination of the above-mentioned techniques as approved by the City Engineer which serves to limit and control stormwater runoff from a given site.
d.
Stormwater retention facilities shall be designed so the peak rate and volume of surface runoff that occurred prior to development is not exceeded after development. The outlet for any stormwater retention facility shall be designed such that the discharge rate does not exceed the peak runoff rate for conditions existing on or before the effective date of this section, such that there is no adverse effect on any property.
e.
The stabilization of all banks shall occur only with "soft" or environmentally-friendly ("green") techniques. The use of gabions, rip rap, concrete or other "hard" techniques are prohibited.
[Added 2-9-2021 by Ord. No. 1659]
§ 26-38.2 Standards Applicable to Minor Development.
[Ord. No. 1480 (2010) § II; Ord. No. 1516 (2012) §§ 1, 2; Ord. No. 1602-2017 §§ 1-4; amended 9-24-2019 by Ord. No. 1643;8-25-2020 by Ord. No. 1655]
a.
Scope and Purpose.
1.
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.
2.
Purpose. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "minor developments," as defined in Subsection 26-38.2b.
3.
Applicability.
(a)
This subsection shall be applicable to all plans for the following minor developments that require submission, review, and approval by the Zoning Officer or designated official, prior to the issuance of a zoning permit:
(b)
This subsection shall also be applicable to all minor developments undertaken by the City of Sea Isle City.
4.
Compatibility with Other Permit and Ordinance Requirements: Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process 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.
b. MINOR DEVELOPMENT
Definitions. For the purpose of this subsection, the terms, phrases, words used shall be defined by those definitions provided in Subsection 26-38.3b.
c.
General Standards.
1.
The stormwater management plan shall not adversely affect the adjoining properties.
2.
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
3.
Stormwater management measures for minor development shall be designed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality treatment as follows:
(a)
To the maximum extent practicable, the standards established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39, and implementing rules at N.J.A.C. 2:90 shall be met by incorporating nonstructural stormwater management strategies (as defined and explained in Subsection 26-38.3) into the design.
4.
The minimum requirements of the design standards for stormwater management measures are as follows:
(a)
All lots shall be graded toward the street(s) at a minimum slope of 1/2% and a maximum slope of 1%, measured from the existing top of curb or existing sidewalk elevation, whichever is higher to the center point of the rear lot line. All topographic information shall be based on NAVD 88 datum. If a grade difference between the adjoining properties results, then retaining walls shall be constructed. Retaining walls shall be constructed of masonry or plastic materials designed for the superimposed loading.
(b)
The top of the retaining wall along the rear property line shall extend between 0.20 foot and 0.40 foot above the maximum permitted elevation.
(c)
No water shall run onto an adjacent property. Techniques such as raised driveway edges, low curbing or other similar methods shall be employed to direct water off site or to recharge areas.
5.
All proposed sites must be designed so that the total stormwater runoff from the site is no greater than the runoff generated in its pre-developed (vacant) state.
(a)
The roof runoff or the equivalent impervious area shall be directed to subsurface recharge areas. Recharge areas and/or roof drains shall be provided with positive overflow(s). For analysis purposes the following parameters should be utilized:
(1)
All lots shall be considered vacant for predevelopment parameters.
(2)
All storms, up to and including twenty-five-year storms, shall be utilized for design standards and must have their runoff accommodated by the detention and retention facilities.
(3)
Runoff shall be estimated in accordance with N.J.A.C. 5:21-7.1 et al.
(4)
A minimum storage of 30% shall be provided on site.
(b)
All developments shall be provided with any appropriate retention and detention facilities.
(1)
The retention and detention facilities are to be designed to retain and/or detain any and all runoff the proposed development creates as specified in Subsection 26-38.2c5(a)(4) which provides for a minimum of 30% on-site storage.
(2)
The retention and detention facilities shall release the runoff to the appropriate watercourse or wetlands area at a rate and in a manner appropriate that approximates the natural flow which occurred before development.
(3)
Channeling runoff directly into existing waterbodies shall be prohibited.
6.
All development shall provide a four-foot-wide planted green space along the rear and side property lines within the rear yard, to increase infiltration, improve aesthetics, and provide space for grading and the conveyance of stormwater.
7.
To protect from flood by maintaining the integrity of the stormwater management system of the City, and to protect the water quality of the bay, all development which is subject to review under this section, including the construction of a pool or spa, shall comply with the following:
(a)
Silt fence shall be installed during construction.
(b)
Each potentially affected inlet shall have protection measures installed such as hay bales, stone and filter fabric, or other methods as approved by the City.
(c)
All discharge water generated by the dewatering of excavated areas, including pools, shall be filtered prior to discharge off site. This shall be accomplished through the utilization of sediment control bags or tanks at the point of discharge.
(d)
Runoff from parking areas should incorporate protective measures to prevent oil and sediment from entering receiving waters and/or clogging interstices thereby preventing infiltration in subsurface recharge and/or retention facilities.
(e)
All protection measures shall be installed prior to construction, and remain in place until the site has been approved by the City.
(f)
The measures described herein shall comply with the Standards for Soil Erosion and Sediment Control in New Jersey, as amended.
d.
Calculation Methods.
1.
Pre- and post-watershed calculations shall be required as the basis for determining total stormwater storage capacity required as well as release from detention basis, if required, for two-, five-, ten-, and twenty-five-year storms.
2.
The applicant shall utilize the standards set forth in Subsection 26-38.3 for sites one acre or larger.
3.
Calculations shall be computed on the basis of the total watershed serviced by the proposed facilities, not just the parcel being developed.
4.
Peak rates of runoff shall be computed for the entire area and, if required, design release rates computed on the basis of preexisting conditions for the entire watershed.
§ 26-38.3 Standards Applicable to Major Development.
[8-25-2020 by Ord. No. 1655]
a.
Scope and Purpose.
1.
Policy Statement.
(a)
While the provisions of this subsection may have limited or no application to property within the City of Sea Isle City, the City is, nevertheless, required to enact this section. The State of New Jersey has imposed the requirements of this subsection and costs therefor on municipalities with no funding to pay the cost of implementation of this state mandate.
(b)
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.
2.
Purpose. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection 26-38.3b.
3.
Applicability.
4.
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process 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.
b. CAFRA CENTERS, CORES OR NODES CAFRA PLANNING MAP COMMUNITY BASIN COMPACTION CONTRIBUTORY DRAINAGE AREA CORE COUNTY REVIEW AGENCY DEPARTMENT DESIGN ENGINEER DESIGNATED CENTER DEVELOPMENT1. DISTURBANCE DRAINAGE AREA EMPOWERMENT NEIGHBORHOOD ENVIRONMENTALLY CONSTRAINED AREA ENVIRONMENTALLY CRITICAL AREAS EROSION GREEN INFRASTRUCTURE HUC 14 or HYDROLOGIC UNIT CODE 14 IMPERVIOUS SURFACE INFILTRATION LEAD PLANNING AGENCY MAJOR DEVELOPMENT1. (a) (b) (c) (d) 2. MOTOR VEHICLE MOTOR VEHICLE SURFACE MUNICIPALITY NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL NODE NUTRIENT PERSON POLLUTANT RECHARGE REGULATED IMPERVIOUS SURFACE1. 2. 3. 4. REGULATED MOTOR VEHICLE SERVICE1. 2. SEDIMENT SITE SOIL STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) STATE PLAN POLICY MAP STORMWATER STORMWATER MANAGEMENT BASIN STORMWATER MANAGEMENT BMP STORMWATER MANAGEMENT MEASURE STORMWATER MANAGEMENT PLANNING AGENCY STORMWATER MANAGEMENT PLANNING AREA STORMWATER RUNOFF TIDAL FLOOD HAZARD AREA URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD URBAN ENTERPRISE ZONE URBAN REDEVELOPMENT AREA WATER CONTROL STRUCTURE WATERS OF THE STATE WETLANDS or WETLAND
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:7-13.16.
The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
An infiltration syste, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this subsection.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
The New Jersey Department of Environmental Protection.
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural lands, "development" means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting or removing vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
A neighborhood designated by the Urban Coordinating Council "in consultation and in conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
A stormwater management measure that manages stormwater close to its source by:
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
An individual "development," as defined above, as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February 2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle surface: since March 2, 2021; or
A combination of Subsection b1(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection b1(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snow mobiles, all-terrain vehicles, motorized wheel chairs, go-carts, gas buggies, golf carts, or vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection d6 of this subsection and N.J.A.C. 7:8- 5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this subsection.
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm, association, City of Sea Isle City, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A new increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater management plans.
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
c.
General Standards: Design and Performance Standards for Stormwater Management Measures.
1.
Stormwater management measures for major development shall be designed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality treatment as follows:
(a)
To the maximum extent practicable, the standards established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39, and implementing rules at N.J.A.C. 2:90 shall be met by incorporating nonstructural stormwater management strategies into the design.
(b)
If these strategies alone are not sufficient to meet these standards, they shall be met by incorporating green infrastructure necessary to meet these standards shall be incorporated into the design.
2.
The standards in this subsection 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.
d.
Stormwater Management Requirements for Major Development.
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 26-38.3j.
2.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department 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 muhlenbergii (bog turtle).
3.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 26-38.3d16 and f.
(a)
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
(c)
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
4.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements 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:
(a)
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b)
The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection 26-38.3d16 and f to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of Subsection 26-38.3d16 and f existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 26-38.3d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 26-38.3d16 and f7 that were not achievable on site.
5.
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 Subsections 26-38.3d15, 16, 17 and f. 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.
6.
Where the BMP tables in the NJ Stormwater Management Rule are different due to the updates or amendments with the tables in this subsection the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2 (f) shall take precedence.
Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Cistern | 0 | Yes | No | — |
Dry well(a) | 0 | No | Yes | 2 |
Grass swale | 50 or less | No | No | 2(e) 1(f) |
Green roof | 0 | Yes | No | — |
Manufactured treatment device(a) (g) | 50 or 80 | No | No | Dependent upon the device |
Pervious paving system(a) | 80 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale bioretention basin(a) | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale infiltration basin(a) | 80 | Yes | Yes | 2 |
Small-scale sand filter | 80 | Yes | Yes | 2 |
Vegetative filter strip | 60-80 | No | No | — |
Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3) | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Bioretention system | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Infiltration basin | 80 | Yes | Yes | 2 |
Sand filter(b) | 80 | Yes | Yes | 2 |
Standard constructed wetland | 90 | Yes | No | N/A |
Wet pond(d) | 50-90 | Yes | No | N/A |
Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3 | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Blue roof | 0 | Yes | No | N/A |
Extended detention basin | 40-60 | Yes | No | 1 |
Manufactured treatment device(h) | 50 or 80 | No | No | Dependent upon the device |
Sand filter(c) | 80 | Yes | No | 1 |
Subsurface gravel wetland | 90 | No | No | 1 |
Wet pond | 50-90 | Yes | No | N/A |
Notes to Tables 1, 2, and 3: | |
|---|---|
(a) | Subject to the applicable contributory drainage area limitation specified at Subsection 26-38.3b15(b). |
(b) | Designed to infiltrate into the subsoil; |
(c) | Designed with underdrains; |
(d) | Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation; |
(e) | Designed with a slope of less than 2%; |
(f) | Designed with a slope of equal to or greater than 2%; |
(g) | Manufactured treatment devices that meet the definition of "green infrastructure" in Subsection b. |
(h) | Manufactured treatment devices that do not meet the definition of "green infrastructure" in Subsection b. |
7.
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 26-38.3f2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 26-38.3d15 only if the measures meet the definition of green infrastructure at Subsection b. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 26-38.3d15(b) are subject to the contributory drainage area limitation specified at Subsection 26-38.3d15(b) 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 26-38.3d15(b) 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 26-38.3d4 is granted from Subsection 26-38.3d15(b).
8.
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.
9.
Design Standards for Stormwater Management Measures are as Follows:
(a)
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 26-38.3h2;
(c)
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection h; and
(e)
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
10.
Manufactured treatment devices may be used to meet the requirements of this subsection, 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 b may be used only under the circumstances described at Subsection 26-38.3d15(d).
11.
Any application for a new agricultural development that meets the definition of major development at Subsection b shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 26-38.3d16, 17 and f 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.
12.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-38.3d16, 17 and f shall be met in each drainage area, unless the runoff from the drainage areas converge on site 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.
13.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Cape May County Office of the 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 26-38.3d15, 16, 17 and f 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 26-38.3j2(d). 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 180 calendar days of the authorization granted by the municipality.
14.
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 26-38.3d of this subsection 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 Cape May County Office of the 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 26-38.3d14 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 26-38.3d14 above.
15.
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 26-38.3d16, the design engineer shall utilize green infrastructure BMPs identified in Table 1 and/or an alternative stormwater management measure approved in accordance with Subsection 26-38.3d7. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice | Maximum Contributory Drainage Area |
|---|---|
Dry well | 1 acre |
Manufactured treatment device | 2.5 acres |
Pervious pavement systems | Area of additional inflow cannot exceed 3 times the area occupied by the BMP |
Small-scale bioretention systems | 2.5 acres |
Small-scale infiltration basin | 2.5 acres |
Small-scale sand filter | 2.5 acres |
(c)
To satisfy the stormwater runoff quantity standards at Subsection 26-38.3d17, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 26-38.3d7.
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 26-38.3d4 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 26-38.3d4 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-38.3d16, 17 and f.
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 26-38.3d16 and f, unless the project is granted a waiver from strict compliance in accordance with Subsection 26-38.3d4.
16.
Groundwater recharge quantity standards.
(a)
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
(1)
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(2)
The minimum design and performance standards for groundwater recharge are as follows:
(i)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 26-38.3e, either:
[a]
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 125% of the average annual pre-construction groundwater recharge volume for the site; or
[b]
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.
(ii)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection d16(a)(2)(iv) below.
(iii)
The following types of stormwater shall not be recharged:
[a]
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with a Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
[b]
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
(iv)
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
17.
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water qualtity design storm as follows:
(1)
Eighty percent of the anticipated load from the developed site, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(2)
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection d17(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 Water Quality Design Storm Distribution | |||||
|---|---|---|---|---|---|
Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) | Time (minutes) | Cumulative Rainfall (inches) |
1 | 0.00166 | 41 | 0.1728 | 81 | 1.0906 |
2 | 0.00332 | 42 | 0.1796 | 82 | 1.0972 |
3 | 0.00498 | 43 | 0.1864 | 83 | 1.1038 |
4 | 0.00664 | 44 | 0.1932 | 84 | 1.1104 |
5 | 0.00830 | 45 | 0.2000 | 85 | 1.1170 |
6 | 0.00996 | 46 | 0.2117 | 86 | 1.1236 |
7 | 0.01162 | 47 | 0.2233 | 87 | 1.1302 |
8 | 0.01328 | 48 | 0.2350 | 88 | 1.1368 |
9 | 0.01494 | 49 | 0.2466 | 89 | 1.1434 |
10 | 0.01660 | 50 | 0.2583 | 90 | 1.1500 |
11 | 0.01828 | 51 | 0.2783 | 91 | 1.1550 |
12 | 0.01996 | 52 | 0.2983 | 92 | 1.1600 |
13 | 0.02164 | 53 | 0.3183 | 93 | 1.1650 |
14 | 0.02332 | 54 | 0.3383 | 94 | 1.1700 |
15 | 0.02500 | 55 | 0.3583 | 95 | 1.1750 |
16 | 0.03000 | 56 | 0.4116 | 96 | 1.1800 |
17 | 0.03500 | 57 | 0.4650 | 97 | 1.1850 |
18 | 0.04000 | 58 | 0.5183 | 98 | 1.1900 |
19 | 0.04500 | 59 | 0.5717 | 99 | 1.1950 |
20 | 0.05000 | 60 | 0.6250 | 100 | 1.2000 |
21 | 0.05500 | 61 | 0.6783 | 101 | 1.2050 |
22 | 0.06000 | 62 | 0.7317 | 102 | 1.2100 |
23 | 0.06500 | 63 | 0.7850 | 103 | 1.2150 |
24 | 0.07000 | 64 | 0.8384 | 104 | 1.2200 |
25 | 0.07500 | 65 | 0.8917 | 105 | 1.2250 |
26 | 0.08000 | 66 | 0.9117 | 106 | 1.2267 |
27 | 0.08500 | 67 | 0.9317 | 107 | 1.2284 |
28 | 0.09000 | 68 | 0.9517 | 108 | 1.2300 |
29 | 0.09500 | 69 | 0.9717 | 109 | 1.2317 |
30 | 0.10000 | 70 | 0.9917 | 110 | 1.2334 |
31 | 0.10660 | 71 | 1.0034 | 111 | 1.2351 |
32 | 0.11320 | 72 | 1.0150 | 112 | 1.2367 |
33 | 0.11980 | 73 | 1.0267 | 113 | 1.2384 |
34 | 0.12640 | 74 | 1.0383 | 114 | 1.2400 |
35 | 0.13300 | 75 | 1.0500 | 115 | 1.2417 |
36 | 0.13960 | 76 | 1.0568 | 116 | 1.2434 |
37 | 0.14620 | 77 | 1.0636 | 117 | 1.2450 |
38 | 0.15280 | 78 | 1.0704 | 118 | 1.2467 |
39 | 0.15940 | 79 | 1.0772 | 119 | 1.2483 |
40 | 0.16600 | 80 | 1.0840 | 120 | 1.2500 |
(e)
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100 |
Where | ||
R | = | total TSS percent load removal from application of both BMPs. |
A | = | the TSS percent removal rate applicable to the first BMP. |
B | = | the TSS percent removal rate applicable to the second BMP. |
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 26-38.2d15, 16, 17 and f.
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the postconstruction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
e.
Calculation of stormwater runoff and groundwater recharge:
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the following methods:
(1)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf.
(2)
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection 26-38.3e1(a)(1) and the Rational and Modified Rational Methods at Subsection 26-38.3e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds and other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
2.
Groundwater recharge may be calculated in accordance with the following:
(a)
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
f.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found in the documents listed below, which are available from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
(b)
Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.
2.
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
g.
Solids and Floatable Materials Control Standards.
1.
Site design features identified under Table 1 above, or alternative designs in accordance with subsection 26-38.3d7 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 26-38.3h1(b).
(a)
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
(3)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection g1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(2)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(4)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:47.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
h.
Safety Standards for Stormwater Management Basins.
1.
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin.
2.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
(1)
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
(2)
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(3)
The average velocity of flow through a clean trash rack is not to exceed 2 1/2 (2.5) feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
(4)
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(1)
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(3)
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(c)
For purposes of this Subsection h2(c), escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(1)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection 26-38.2h3 a freestanding outlet structure may be exempted from this requirement.
(2)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 26-38.2h4 for an illustration of safety ledges in a stormwater management basin.
(3)
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
3.
Variance or Exemption from Safety Standards.
(a)
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
4.
Illustration of Safety Ledges in a New Stormwater Management Basin.
Elevation View - Basin Safety Ledge Configuration  |
i.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 26-38.3i3 below as part of the submission of the applicant's application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards set forth in this subsection.
2.
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection.
3.
Checklist Requirements. The following information shall be required:
(a)
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b)
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(c)
Project Description and Site Plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsection 26-38.3e through f are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(1)
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 26-38.3d of this section.
(2)
When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 26-38.3j.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection 26-38.3i3(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and Repair.
2.
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(c)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.
(d)
If the person responsible for maintenance identified under Subsection 26-38.3j2(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection 26-38.3j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
(f)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.
(g)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall inspect the facility and evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. The responsible person shall submit a report of such inspection to the City annually.
(h)
The person responsible for maintenance identified under Subsection 26-38.3j2(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection 26-38.3j2(f) and (g) above.
(i)
The requirements of Subsections 26-38.3j2(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(j)
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person.
3.
Nothing in this section 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.
l.
Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection.
m.
Effective Date. This subsection shall take effect immediately upon the approval by the county review agency, or 60 days from the receipt of the section by the county review agency if the county review agency should fail to act.
§ 26-39.1 Applicability.
[Ord. No. 1384 § II]
All towers and antennas within the City of Sea Isle City shall be subject to these regulations except for those listed in paragraphs a and b following below:
a.
Lawful, preexisting, nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, pre-existing, nonconforming structures.
b.
Any antenna that is less than thirty-five (35') feet in height and is used for receive-only transmissions.
§ 26-39.2 Locations Permitted.
[Ord. No. 1384 § II; Ord. No. 1431 §§ CXI, CXII]
A communication tower and antenna shall be a permitted conditional use only in the P2 and P3 Zones within the City of Sea Isle City, subject to the following conditions:
a.
Communication towers shall only be permitted on property owned, leased or otherwise controlled by City of Sea Isle City.
b.
The City of Sea Isle City must give its consent before its property may be used for a communication tower. This consent shall be in the form of a resolution of approval adopted by the Governing Body.
c.
No communication tower shall be erected or operated within the City except pursuant to a license issued by the Governing Body or a lease entered into between the operator of the facility and the City.
d.
No tower shall be erected within the City of Sea Isle City if there exists the ability to extend a preexisting structure to adequately and lawfully accommodate a communication tower.
e.
All towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color so as to reduce visual obtrusiveness.
f.
All towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
g.
No signs shall be allowed on an antenna or tower.
§ 26-39.3 Application Procedure.
[Ord. No. 1384 § II; Ord. No. 1431 § CXIII]
All applications for the construction or modification of towers or antennas within the City of Sea Isle City shall be made to the Governing Body.
§ 26-39.4 Maintenance and Abandonment.
[Ord. No. 1384 § II]
a.
All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the State or Federal government with the authority to regulate towers and antennas; if such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
b.
To ensure the structural integrity of towers or antenna, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes. If, upon inspection, the City concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have thirty (30) days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
c.
In the event any communication tower or antenna shall be abandoned or not operated for a period of one (1) year, the same may be removed, at the option of the City of Sea Isle City, at the sole expense of the operator.
§ 26-40.1 Purpose.
[Ord. No. 1510 (2011) § 24]
Street furnishings are the objects and equipment installed on streets for various purposes, which includes benches, bollards, streetlights, bicycle stands, trash cans, etc. Street furnishings have the potential to provide visual unity for the City and enhance the public realm. Additionally, a coordinated approach to furnishings allow for creativity and branding of Sea Isle.
§ 26-40.2 Required Street Furnishings.
[Ord. No. 1510 (2011) § 25]
a.
In the event street furnishings are to be installed on a City street the following street furnishing shall be utilized:
1.
Benches.
(a)
Benches are required on all sidewalks greater than eight (8') feet in width.
(b)
Benches shall be placed adjacent to the curb and parallel to the street.
(c)
Benches shall be placed every one hundred (100') linear feet or as determined by the City Engineer.
(d)
Benches shall be the Prestige Series style #PP412 from the manufacturer Wabash Valley Manufacturing, Inc. six (6') foot with back and are surface mounted, welded wire pattern and mounting plate cover, colored black or approved equivalent.
2.
Trash Cans.
(a)
Trash cans are required on all sidewalks greater than six (6') feet in width.
(b)
Trash cans shall be placed adjacent to the curb.
(c)
Trash cans shall be placed every one hundred (100') linear feet, alternating with the benches or as determined by the City Engineer.
(d)
Trash cans shall be style #FR400 from the manufacturer Wabash Valley Manufacturing, Inc., thirty-two (32) gallon, welded wire pattern, colored black or approved equivalent.
b.
The following street furnishings are required to be installed on all City-owned streets:
2.
Planters.
(a)
Planters are required where it has been determined that the required street trees may not be installed due to utilities or other obstructions.
(b)
Planters shall be style #PL104 from the manufacturer Wabash Valley Manufacturing, Inc., and in height, welded wire pattern, colored black or approved equivalent.
3.
Lighting.
(a)
Lighting is required where to provide safe movement of vehicles and pedestrians.
(b)
The types of lights and fixtures used on the site should be consistent throughout.
(c)
Sternberg Lighting's Ripon A 1130A, 150 watt (black) or Reno 1910508-5, 100 watt (black) or approved equivalent shall be installed for streetlights.
(d)
Bollards are recommended to be used to light pedestrian areas. Sternberg Lighting's 7701LB Birmingham 70 watt high pressure sodium with a four (4') foot mounting height (black) or approved equivalent shall be installed.
§ 26-41.1 Applicability.
[Ord. No. 1510 (2011) § 26]
This section shall apply to all site plan applications in a commercial zone.
§ 26-41.2 Architectural Design Review Guidelines.
[Ord. No. 1510 (2011) § 27]
The following guidelines shall be used to prepare and review the physical, visual and spatial characteristics and overall appearance of a development plan in relationship to the existing streetscape, neighborhood and district in which such is located and to the City generally.
a.
An individual development plan shall not be considered on its own, but with sufficient regard to the existing streetscape neighborhood and district in which it is located and to the City generally. Consideration and respect shall be given to abutting and nearby properties and the existing buildings, site improvements and open spaces located thereon and in adjacent portions of the public right-of-way.
b.
The physical, visual and spatial characteristics of a streetscape, neighborhood, district and the City generally shall be established and reinforced through the consistent use of compatible design elements. Such design elements shall relate the physical, visual and spatial characteristics of an individual development to other existing and planned developments in a harmonious manner, resulting in a coherent overall development pattern for an entire streetscape, neighborhood and district and the City generally. In the case of an addition or renovation to an existing building, the development plan shall also relate to and reinforce design elements of such existing building. Design elements to be addressed in a development plan shall include but not be limited to the following:
1.
Scale, as defined by the height of a building and its component elements.
2.
Massing, as defined by the shape, dimensions and volume of the solid form of a building.
3.
Proportion, as defined by comparing the width of a building wall to the height of the same.
4.
Rhythm of solid to voids, as defined by comparing the solid portions of a building wall to the voids formed by door and window openings and recesses in the same.
5.
Horizontal courses, as defined by the base course, middle wall section, belt courses and cornice of a building.
6.
Projections and recesses, as defined by the projections formed by such elements as bay windows, dormers, cornices and eaves from the building wall surface and the indentations formed by such elements as porch and window recesses from the same.
7.
Roof form, as defined by the type, shape and pitch of the roof of a building.
8.
Entrance treatment, as defined by the placement and articulation of the entrance to a building.
9.
Street orientation, as defined by the visual and functional orientation of the front facade and entrance of a building to the street and sidewalk.
10.
Architectural style, materials, colors and details.
§ 26-42.1 Applicability.
[Ord. No. 1510 (2011) § 28]
This section shall apply to all site plan applications in a commercial zone.
§ 26-42.2 Purpose.
[Ord. No. 1510 (2011) § 29]
The purpose of the architecture design standards is to establish a set of principles and requirements that reflect the City's desire for a coastal seashore village. These principles will enhance the commercial zones and encourage development and redevelopment at a scale that is pedestrian-oriented. The guidelines work to provide standards that allow for flexibility and creativity while encouraging high-quality development. High-quality development is long-lasting and will increase property values. The goal is to create buildings that are attractive, improve the City's commercial zones image and enliven the streetscape.
§ 26-42.3 Design Standards.
[Ord. No. 1510 (2011) § 30; Ord. No. 1557 (2013); Ord. No. 1563 (2014) § 12]
The following standards shall be used to prepare and review the architectural design of all buildings and structures in a development plan. All buildings shall be designed to convey a coastal seashore village scale and character. Where a development plan involves an existing building or a site upon which an existing building is located and the existing building will remain, the existing building shall be repaired, renovated and restored to comply with this article.
a.
Massing.
1.
Building wall offsets, including both projections and recesses, shall be provided along any street-facing building wall measuring greater than fifty (50') feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall.
2.
The maximum spacing between such vertical offsets shall be thirty-three (33') feet. The minimum projection or depth of any individual vertical offset shall not be less than two (2') feet.
3.
Vertical offsets can include pilasters, projecting bays, changes in facade materials, balconies, etc.
b.
Articulation.
1.
All street-facing building walls shall have a clearly defined base, body and cap.
2.
The base of the building shall align with either the kickplate or sill level of the first story.
3.
The body section of a building may be horizontally divided at floor, lintel or sill levels with belt courses.
4.
The architectural treatment of a façade shall be completely continued around all street facing facades of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.
c.
Roof.
1.
The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building.
2.
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the facade and shall be ornamented with moldings, brackets or other details.
3.
Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building.
4.
Roofline offsets shall be provided along any roof measuring more than forty (40') feet in length in order to provide architectural interest and articulation to a building.
5.
When viewed in elevation, no more than fifty (50%) percent of the roofline shall be flat. In this instance, mansard roofs are considered to be flat roofs.
6.
Roof top heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the primary or secondary street and adjacent properties.
d.
Transparency.
1.
Ground floor uses in the commercial districts shall have large pane display windows on the street-facing frontages. Such windows shall be framed by the surrounding wall and shall be a minimum of thirty three (33%) percent glass of the total ground level facade area, as measured floor to ceiling and width of commercial space.
2.
Transoms above display windows in the commercial districts are encouraged.
3.
Windowsills shall not be more than three (3') feet above the sidewalk in the commercial districts. Base panels or bulkheads are encouraged between the sidewalk and the windowsills.
4.
Windows shall be vertically proportioned (taller than wider) where possible.
5.
Buildings of architectural styles that normally have windows with muntins (vertical dividers) or divided lights shall utilize those types of windows.
6.
Glass blocks are not permitted on facades that abut a public street in the commercial districts.
7.
Exterior security grates are prohibited.
e.
Entrances.
1.
The primary entrance to any building shall front on a public street.
2.
All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and other such elements, where appropriate.
3.
Any such element utilized shall be architecturally compatible with the style, materials, colors and details of such building.
f.
Materials.
1.
Building facades visible from a public street shall consist of durable, long-lasting materials. Appropriate materials include brick, stone, cast stone, clapboard, cedar shakes or other high-quality material.
2.
Each structure or building should have a maximum of three (3) colors, excluding the roof.
g.
Lighting.
1.
Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site.
2.
The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible.
3.
The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.
h.
Awnings and Canopies.
1.
Awnings and canopies are encouraged in the C1 and C2 Districts to add visual interest to the streetscape and to provide occasional shelter for pedestrians.
2.
Awnings and canopies that extend over the right-of-way of a street shall be constructed and erected so that the lowest portion thereof is not less than nine (9') feet from the adjacent grade elevation or more than fifteen (15') feet above the adjacent grade elevation, in height.
3.
Access awning and canopies in C1 and C2 Districts that extend over the right-of-way for the purpose of egress and ingress may extend to the curbline.
4.
Awnings and canopies shall be designed proportionate to building height, massing, materials and color.