Somers Point City Zoning Code
ARTICLE XI
BF Bay-Front District
§ 114-64 Intent; applicable regulations.
A.
Intent. The purpose of this district is to preserve the unique natural resources of the area and to encourage development which is compatible with these resources and surrounding uses, providing for a mixture and variety of residential, retail, commercial and water- and non-water-related recreational uses and facilities, with sufficient controls and as an integral part of the overall developmental picture of the district.
B.
Regulations and district. The regulations of this article and of Article XX and those regulations set forth elsewhere in this chapter, as applicable, shall govern in this district.
C.
Environmental review. The Environmental Commission of Somers Point, New Jersey, (Commission) shall be immediately notified by the Planning or Zoning Board Secretary, as appropriate, of all applications for development within the district and shall be afforded the opportunity to review and make comments or recommendations with regard to environmental impact. Such recommendations and comments shall be submitted, in writing, to the reviewing authority at least 48 hours in advance of the date set for hearing on said matter. The Commission may also appear and testify at said hearing. The Commission's recommendations and comments shall not be binding, but only advisory. Meetings between the developer and the Commission are strongly recommended before formal submission of plans.
D.
Developers are strongly urged to avail themselves of the informal conceptual review process provided for in N.J.S.A. 40:55D-10.1 to afford early review of the overall development concepts in order to assist in the preparation of subsequent formal submissions.
E.
Municipal agency site plan review and approval shall be required of all development, construction, alteration, modification, reconstruction or change of use in this district. Excepted from this regulation shall be the development of single-family detached dwellings and the modification, expansion, alteration or expansion of existing residential uses not involving any change in use or uses conforming to the standards of § 114-12 and §§ 114-14 through 114-17, inclusive, Article XX and other provisions of this chapter, unless otherwise required.
F.
Developers are urged and expected to employ innovative planning and architectural techniques and concepts within the district so as to lessen the impact of the proposed project on the surrounding area, to maintain as much open space as possible and to maintain, provide for or increase public access to, use of and visual enjoyment of the waterfront area to the maximum extent possible.
§ 114-65 Permitted uses.
A building or land located in the Bay-Front District shall be used for any of the following purposes:
A.
Principal uses and buildings.
(1)
Boat sales and rentals.
(2)
Boat storage and maintenance.
(3)
Boat dockage facilities and boat launches and fishing piers.
(4)
Water-related service and/or recreational establishments, fully enclosed.
(5)
All existing residential uses present at the time of passage of this chapter.
(6)
Single-family detached dwellings.
(7)
Single-family attached condominiums.
(8)
General business offices and professional offices.
B.
Accessory uses and buildings. Accessory uses and buildings shall be uses and buildings customarily incidental to the principal uses listed as permitted. They shall be understood to include:
(1)
Appropriate facilities for placement of trash, recycling and garbage and collection and removal thereof, provided that:
(a)
The facility is completely enclosed and so constructed that the trash, recycling and garbage shall not be visible to the general public.
(b)
Such structure meets the approval of the Construction Official and the Board of Health.
(c)
Such facilities fit within the overall project design.
(d)
Such facilities are buffered from principal structures, parking facilities and pedestrian and vehicular roadways.
§ 114-66 Area and bulk requirements.
Except as otherwise required in this chapter:
B.
Single-family attached condominiums shall conform to the standards of § 114-20, except that density shall not exceed six units per adjusted gross acre and building length, number of contiguous units and lot coverage shall be determined by the municipal agency during site plan review based on the particularities of the proposed project and the site in question.
C.
Boat sales, rentals, storage, maintenance, dockage and water-related service and recreational establishments shall conform to the requirements of § 114-48, except that lot size and setbacks shall be determined during preliminary site plan review based on the particularities of the site itself and the proposed project.
D.
Offices for marine-related sales and services shall conform to the requirements set forth in § 114-36A(1).
E.
In no event shall any use, building or other structure exceed 35 feet maximum height.
§ 114-67 Marina principles of design.
A.
The growth of recreational boating and fishing has continued to increase the demand for boat slips and berthing facilities. Marinas present environmental constraints affecting the quality of surrounding land use and the waters of the basin in which the marina is located. To ensure preservation of environmental quality related to the siting of marinas in Somers Point, the city has adopted standards for marinas with the objective of ensuring that marinas can be sited with proper consideration of surrounding non-marina land use.
B.
All applications for marinas shall present marina operating plans in accordance with the following:
(1)
Siting.
(a)
The site shall require minimal dredging, both initial and maintenance.
(b)
The site shall have a total flushing time of less than four days [two or fewer is preferred].
(c)
Sites located in dead-end finger channels shall be carefully scrutinized to ensure acceptable flushing rates.
(d)
The site shall be located with safe, convenient access to cruising waters; winding channels, hazardous routes and long travel distances to water-use areas are discouraged.
(e)
The site shall have adequate land access for autos, trucks, trailers and fire-fighting equipment.
(f)
Sites shall have direct sewer access.
(g)
The boundaries of the site shall be a minimum of 1,000 feet from shellfish harvesting areas (until further modified by DEPE's Marina Impact Study).
(h)
Wet-slip marinas shall not be constructed nor expanded in Category One waters.
(2)
Design.
(a)
The following guidelines shall be followed to promote water quality in the marina basin:
[1]
Basin depths shall never exceed the depths of access channels nor the open water to which the basin connects.
[2]
Deep-draft slips shall be constructed in naturally deep portions of the site in order to minimize the need for dredging.
[3]
Floating breakwaters are required in low-energy areas (where wave lengths are less than twice the width of the breakwater).
[4]
Sharp angles are to be avoided; corners shall be gently rounded, never square.
[5]
Basin depths shall uniformly deepen toward the exit and waterway outside the basin.
[6]
Entrance channels shall not be located on corners.
[7]
Where possible, entrance channels shall be oriented in the direction of the prevailing winds to promote wind-driven circulation.
[8]
Enclosed basins shall include openings at opposite ends to promote circulation.
[9]
Slips shall be oriented parallel to currents and never broadside. This promotes circulation and reduces the load on the pier structure.
[10]
Fuel pumps shall include back pressure cutoff valves. Main cutoff valves shall be available both at the dock and in the upland area of the marina.
(b)
Sloping riprap bulkheads are required. They better dissipate wave energy and provide a more diverse habitat for marine organisms.
(c)
To avoid standing waves, bulkheads shall never be parallel to one another.
(d)
To minimize the impact on the photic zone, dock and pier widths shall be minimized. In addition, the structures shall stand as high above mean high water as possible and shall be oriented north-south to the maximum extent practicable.
(e)
The distance from a parked car to its corresponding slip shall not exceed 600 feet.
(f)
For safety, the usable width of the entrance channel shall be a minimum of four times the beam of the widest expected vessel or a minimum of 50 feet.
(g)
The marina shall provide, as a minimum, one pumpout station (fixed or portable) for every 20 slips. Marinas which allow occupation of berthed vessels for a period of 72 hours or more shall provide slipside pumpout facilities. Pumpout facilities shall be designed with holding tanks in order to prevent inputs into both septic and sanitary waste systems. (MSD disinfectants disrupt the functioning of these systems.)
(h)
The marina shall provide abundant trash and recycling receptacles and one fish cleaning area at the end of each pier, including separate and well marked dispensers for organic refuse.
(i)
Parking facilities shall be provided, with a minimum of one space per slip.
(j)
The design shall include an aesthetically pleasing landscaping plan.
(k)
Maintenance areas shall be screened by proper landscaping and shall include techniques which will prevent materials from reaching the water body.
(l)
The fueling facility shall be designed to accommodate four of the largest expected vessels.
(m)
For safety, the turning basin should be at least two and 2.25 times the length of the longest expected vessel.
(n)
Rest rooms.
[1]
Marinas should provide rest rooms according to the following schedule:
[2]
Rest rooms should provide both hot and cold water and should be maintained in a sanitary, warm, dry, brightly lit and well-ventilated condition.
(o)
For safety and comfort and to avoid interference with commercial boating activity, marinas will be designed such that wave heights do not exceed two to four feet in the entrance channel and one to 1.5 feet in the berthing area. Such a design will assume four-foot external wave conditions.
(p)
The marina shall develop and implement a recycling plan for solid waste which is consistent with the City of Somers Point Recycling Ordinance.
(3)
Construction.
(a)
Only high-grade, slow-leaching wood preservatives shall be used on piling and other dock/pier woods.
(b)
Dredging shall be scheduled around critical life stages of marine organisms.
(c)
Dredging shall take place during cold months when the dissolved oxygen levels are naturally high.
(d)
Erosion and sediment controls shall be in place prior to construction.
(e)
Where appropriate [currents under 1.5 knots], sediment curtains shall be used during dredging.
(f)
Clean dredge spoil with adequate grain size shall be used for beach nourishment.
(g)
Pumpout facilities shall be designed to store the effluent until a certified hauler can remove it; disposal into septic systems or municipal sanitary sewer lines can disrupt the water purification process due to the disinfectants used in conjunction with MSD's.
(h)
Dredge materials shall not be stored for more than six months unless approval is granted by the governing body.
(i)
Applicants shall submit a dredge spoil disposal plan identifying plans for dredge spoil disposal.
(4)
Operation.
(a)
The marina shall have available floating containment booms and absorbent materials in the event of a hydrocarbon spill. Employees shall be trained in the deployment and proper usage of such equipment.
(b)
Operators shall immediately notify DEPE and the Coast Guard of all hydrocarbon spills.
(c)
Operators shall take immediate action in the event of a spill, including boom deployment and spreading of absorbent materials.
(d)
The dumping of porta-potties, pumpout effluents or holding tanks into septic systems is prohibited.
(e)
Waste receptacles shall be emptied daily.
(f)
Boat maintenance shall be undertaken as far from the water as possible.
(g)
"No discharge" signs shall be posted throughout the marina basin.
§ 114-68 Landscaping.
All landscaping requirements shall be subject to municipal agency review upon the submission of a site plan review for a particular use on a particular site. The municipal agency and its engineering and planning staff will work with the applicant to determine landscaping requirements for the particular site. Landscaping will be required on all sites.
§ 114-69 Off-street parking.
Parking requirements shall be as follows. All parking requirements shall be subject to municipal agency review upon the submission of a site plan review for a particular use on a particular site. The municipal agency and its engineering and planning staff will work with the applicant to determine parking requirements for the particular site. Excepted from this are the following requirements:
A.
All parking areas shall be located no closer than 10 feet to any building.
B.
Five percent of all parking required shall be provided for and reserved for the handicapped, with a minimum of one parking space.
C.
All parking servicing the site shall be off-street, either on-site and/or at such off-site locations as the municipal agency shall approve under the particular circumstances.
§ 114-70 Lighting.
Adequate lighting to ensure safe pedestrian and vehicular travel shall be provided subject to municipal agency review as part of the site plan process. The following standards shall apply:
A.
Lights shall be directed towards the structure and designed to prevent glare.
B.
Light standards shall not be more than 16 feet in height, and their bases shall be landscaped and maintained.
C.
Standards will be set back a minimum of 30 feet from the street right-of-way line.
D.
Light standards will be at least 50 feet apart.
E.
All lighting shall be designed to blend with the architectural style of the building.
§ 114-71 General regulations.
A.
All uses shall be designed with an overall theme or motif. An intrinsic, nautical motif is encouraged which is consistent or similar with the character of the surrounding community.
C.
An on-site off-street loading area, of a size to be determined by the municipal agency, shall be required as to all nonresidential uses.
D.
All uses within this district shall be required to submit an impact statement as part of the site plan review process. The requirements of the impact statement will be established by the municipal agency for a particular site upon the submission of the sketch plat.
E.
All uses, principal, accessory and conditional, within this district are subject to municipal agency site plan review and approval.
F.
From and after the effective date of this article, the leasing, renting and bailing of motorboats and sailboats shall be confined and limited to lands and premises situated in a BF Bay-Front District bordering on waterfront land within the City of Somers Point; said leasing, renting and bailing shall also be further confined and limited to lands and premises located immediately contiguous to the water by public streets.
G.
The commercial outdoor storage of boats shall be permitted, provided that such storage is carried out on property which is part of an operational marina or on property which is contiguous to such a marina.
H.
Boats stored in such areas shall be organized in orderly rows with circulation aisles of sufficient width to admit emergency access. The grounds of such storage areas shall be neatly maintained and free of material not of interest to the storage of boats.
I.
In cases where such outdoor boat storage facilities abut a residential district or properties, a twenty-four-foot-wide strip shall be landscaped with evergreens, planted in double alternating rows, which, at the time of planting, shall be a minimum of four feet in height and shall substantially screen the boat storage facility from the abutting land users.
J.
"Storage" shall mean the storing for safekeeping of boats or materials owned by another for a period of time in excess of one week and shall not include the displaying of new or used boats for sale.