One- and two-family uses: RSIS Standards See 53:206.

Townhouse dwelling: RSIS Standards.

1 bedroom 1.8

2 bedroom 2.3

3 bedroom 2.4

At least 70% of the proposed townhouse dwelling units shall consist of two-bedroom townhouses, and not more than 30% of the proposed dwelling units shall be three-bedroom townhouses. No four-bedroom-or-larger townhouses are permitted.

At least 10% of the gross site area shall be developed as recreational space intended to serve the active and passive recreation needs of the proposed townhouse residents. The proposed recreation area plan shall be submitted for review and approval.

A five-foot-wide densely planted screening and buffer area shall be created at all property lines and around the periphery of the project.

The minimum bulk requirements for each townhouse unit are set forth in Column RM-T of the Bulk Schedule Requirements. Additionally, each proposed townhouse development, in order to qualify for application of townhouse standards, must comply with the following gross site criteria:

Garden apartments: RSIS Standards.

1 bedroom 1.8

2 bedroom 2.0

3 bedroom 2.1

Townhouse dwelling: RSIS Standards see 53:211

Multilevel dwelling: RSIS Standards.

Minimum floor areas shall conform to the most recent standards of the New Jersey Housing Finance Agency.

At least 40% of the gross site area shall be landscaped in accordance with a plan prepared by a landscape architect.

At least 10% of the gross site area shall be developed as recreational space intended to serve the active and passive recreation needs of the residents of the proposed garden apartment development. The proposed recreation area plan shall be submitted for review and approval.

At least 70% of the proposed townhouse dwelling units shall consist of two-bedroom townhouses, and not more than 30% of the proposed dwelling units shall be three-bedroom townhouses. No four-bedroom-or-larger townhouses are permitted.

Minimum dwelling unit floor areas shall conform to the standards of the New Jersey Housing Finance Agency.

At least 10% of the gross site area shall be developed as recreational space intended to serve the active and passive recreation needs of the proposed townhouse residents. The proposed recreation area plan shall be submitted for review and approval.

A twenty-five-foot-wide densely planted screening and buffer area shall be created at all property lines and around the periphery of the project.

The minimum bulk requirements for each townhouse unit are set forth in Column RM-T of the Bulk Schedule Requirements. Additionally, each proposed townhouse development, in order to qualify for application of townhouse standards, must comply with the following gross site criteria:

The minimum level of acceptability, design and construction of the project shall meet or exceed the standards of United States Department of Housing and Urban Development for minimum property standards for multifamily housing.

The property shall be used and maintained without trespass upon adjoining properties.

Utilities and other services shall be independent of any other properties.

Community facilities and services shall be reasonably accessible to the site.

The site shall be free of hazards which may affect the health and safety of the occupants or the structural integrity of the structure.

Access to each unit shall be provided without passing through any other living units.

Each building shall have direct and adequate pedestrian access from the project parking areas.

The primary entrance shall be designed to meet the access requirements of the physically handicapped.

The site plans shall coordinate with all existing and proposed plans for the surrounding portions of the community. The plans shall be arranged so as to harmonize with and complement functions and appearance of surrounding areas which have a significant bearing on the site. Where surrounding areas have incongruous or undesirable visual conditions, buffers or screening devices shall be employed.

That the subject premises are not within 500 meters of any of the following:

The location and operation of establishments that are involved in the sale of vaping products/e-cigarettes shall be a conditional use within the B-2 Highway Commercial Zone of the City, subject to the provisions of Subsection C(4)(b), below.

Conditions.

Professional Offices and banks: 1/300 square feet of gross floor area. (New)

Medical offices: 1/100 sf of gross floor area. (New)

Restaurants: 0.5 space per seat.

Auditoriums and theaters: 0.5 space per seat.

Professional offices — 1/300 sf of gross floor area,

Medical offices — 1/100 sf of gross floor area,

Manufacturing/Warehouse/Processing Uses — 1/employee at maximum shift plus 10% for visitors.

Not more than two two-way driveways as means of ingress and egress for parking areas shall be permitted for each 400 feet of frontage on a public street, nor shall any such driveway be located within 200 feet of the intersection of two public streets.

Off-street parking areas for visitors and/or employees shall be designed to provide for a convenient flow of circulation.

The proposed tank installation and use conform to all applicable federal, state, county, municipal and regional design and safety standards.

Spacing of tanks in relation to each other or other structures shall conform to the distances established in N.J.A.C. or as revised.

Maximum tank height shall be 35 feet.

Buffer areas shall be required at tank installations.

Restore and maintain the chemical, physical, and biological integrity of the water resources of City of South Amboy;

Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and de-nitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;

Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;

Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;

Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;

Maintain base flows in streams and moisture in wetlands;

Control downstream flooding; and

Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.

The riparian zone shall be 150 feet wide along both sides of the following waters;

For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.

Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's centerline;

Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's centerline.

Where slopes (in excess of 15%) are located within the designated widths, the riparian zone shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.

For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Subsection D (1)(a) or D (1)(2) above, whichever area has the greatest extent.

Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available.

Building permit.

Zoning variance.

Land subdivision or site plan.

Any land development matter that requires Planning Board or Zoning Board of Adjustment approval.

The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route;

The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;

The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7;

The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;

The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces;

The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or

Demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20% or greater slope, except as allowed under Subsection D(8)(e) and D(8)(f) above.

Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.

Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.

Crossings by farm vehicles and livestock, recreational trails, roads, railroads, storm water lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the City Engineer, provided that any applicable State permits are acquired, and provided that any disturbance is offset by buffer improvements in compliance with an approved Riparian Zone Management Plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.

Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved Riparian Zone Management Plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the City Engineer and subject to compliance with an approved Riparian Zone Management Plan.

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.

Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by City of South Amboy, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the Office of the Clerk of the County or the registrar of deeds and mortgages of the County must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:

Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or re-vegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and non-invasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in Subsection J.

For building lots which exist as of the date of adoption of this Section 53-98.1, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.

All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.)

If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in Subsection F(1)(e), then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.

Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.

Roads or driveways, except where permitted in compliance with Subsection E.

Motor or wheeled vehicle traffic in any area, except as permitted by this Section 53-98.1.

Parking lots.

Any type of permanent structure, except structures needed for a use permitted by Subsection E.

New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.

Residential grounds or lawns, except as otherwise permitted pursuant to this Section 53-98.1.

An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:

An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that one of the following applies:

Existing vegetation;

Field delineated surface water bodies;

Field delineated wetlands;

The 100-year floodplain;

Flood Hazard Areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection;

Soil classifications as found on Soil Surveys;

Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations;

Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%.

The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the Riparian Zone Management Plan submittal to City of South Amboy.

The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.

The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.

The professional and personnel resources that are expected to be necessary, in order to maintain and manage the riparian zone.

A re-vegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy. Vegetation selected must be native, non-invasive species, and consistent with the soil, slope and moisture conditions of the site. The re-vegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Engineer of City of South Amboy, in consultation with the Environmental Commission. Dominant vegetation in the Riparian Zone Management Plan shall consist of plant species that are suited to the riparian zone environment. The Engineer of City of South Amboy may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or State or Federal forest agencies.

Lands within or adjacent to an identified riparian zone shall be inspected by the City Engineer when a subdivision or land development plan requiring Board action is submitted.

Lands within or adjacent to an identified riparian zone shall be inspected by the Construction Code Office when a building permit is requested; a change or resumption of a nonconforming use is proposed; or a discontinued nonconforming use is resumed more than one year later.

The riparian zone may also be inspected periodically by representatives from City of South Amboy if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.

Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or Federal law.

Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.

The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

Reviewing all builder's agreement applications to determine that the requirements of this section have been satisfied.

Reviewing all builder's agreement applications to require that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

Collecting all applicable fees and deposits.

Recording and retaining all builder's agreements.

Filing fee: Fifty dollars, nonrefundable.

Application review and builder's agreement preparation fee: One hundred dollars.

Testing and inspection fee: One hundred dollars.