Ventnor City City Zoning Code
ARTICLE XXI
Improvement Standards
§ 102-137 Purpose.
The subdivision and/or site plan shall conform to standards that will result in a well-planned community, protect the health and safety of the residents and provide a desirable living environment. The following improvements shall be required: streets and circulation, off-street parking, water supply, sanitary sewers, and stormwater management.
§ 102-138 Streets, curbs and sidewalks.
A.
Streets.
(1)
All developments shall be served by paved public streets with a minimum 2% and maximum 6% cross-slope. The minimum right-of-way width of all new streets shall be 50 feet. The minimum paved width shall be 30 feet between face of curbs.
(2)
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections.
(3)
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the City, County or State Engineer when said paving concerns roads under the jurisdiction and where such standards exist. Concerning streets under the jurisdiction of Ventnor City, the following standards shall apply:
(a)
The minimum requirement of any new street shall be constructed according to the specifications and procedures as set forth in the New Jersey State Highway Department of Transportation, as amended.
[1]
The pavement foundation shall consist of four inches of compacted gravel and two inches of bituminous stabilized base. The gravel base course may require a prime coat of asphaltic oil, if so directed by the City Engineer. The bituminous stabilized base course will require a tack coat of asphaltic oil.
[2]
The street shall be permanently paved with two-inch thick bituminous concrete pavement, Type FABC-1, Mix I-5.
B.
Curbs.
(1)
The concrete to be used for curbs shall be Class B concrete as specified in the New Jersey Department of Transportation (NJDOT) Specifications for Curbs and Gutters.
(2)
Expansion joints shall be provided at intervals of 20 feet and shall be sealed as specified by the City Engineer.
(3)
The maximum size of a residential driveway serving single-family and duplex lots shall be 10 feet and/or comply with the requirements of § 102-118.6D for two driveways. All residential and duplex lot driveways shall be serviced only by depressed curbing. Depressed concrete curbing shall be depressed to the extent that 1 1/2 inches extends above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
[Amended 8-20-2015 by Ord. No. 2015-19]
(4)
Concrete curbs for municipal roads shall be eight inches wide at their base and not less than six inches wide at their top. Their height shall not be less than 18 inches and shall be constructed to show a vertical face above the roadway pavement of six inches. The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
C.
Sidewalks. Sidewalks shall be installed on both sides of all new municipal roadways and in areas where the existing sidewalk is damaged and/or unsafe as may be determined by either the City Engineer or Construction Code Official. Sidewalks across driveways shall be a minimum of six-inch thick concrete and shall extend the full width and length of the driveway to the curb. Sidewalks in all other areas shall be four-inch thick concrete and five feet in width. The locations of the sidewalk shall be consistent with the offset from the curbline otherwise established in the area or as determined by the City Engineer. All sidewalks shall be Class B Concrete only and shall be constructed in accordance with the latest edition of the Standard Specifications for Road and Bridge Construction as published by the NJDOT.
[Amended 11-12-1998 by Ord. No. 9824]
D.
Gutters. Gutters shall be constructed along all municipal roadways and shall be at least 24 inches wide and six inches thick. Gutters shall be only of concrete and shall be constructed in accordance with Division 5 of the NJDOT.
§ 102-140 Off-street parking and loading area and driveway surfacing.
A.
Off-street parking lots and loading areas together with their access aisles, driveways and fire lanes shall not occupy more than 45% of the lot area. All parking and loading areas and access drives shall be paved as outlined below or the equivalent, as determined by the City Engineer and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(1)
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 no less than three inches of compacted base course of plant-mixed bituminous stabilized base course over a six-inch gravel base course. A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid NJDOT specifications and amendments thereto.
B.
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than a six-inch gravel base course. A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid NJDOT Specifications and amendments thereto.
§ 102-141 Lighting.
A.
A lighting plan in and around parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height not more than 25 feet measured from the ground level to the center line of the light source and spaced a distance not to exceed five times the mounting height.
B.
Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow.
C.
The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract drivers' vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. The Planning Board reserves the right to physically inspect the lighting so as to ensure compliance with the intent to ensure that light pollution does not occur.
§ 102-142 Water supply system.
A.
System design and placement shall comply with all applicable New Jersey Department of Environmental Protection, American Water Works Association and municipal standards, with the strictest standards governing.
B.
Water and sewer mains generally shall be separated by a distance of at least 10 feet horizontally. If such lateral separation is not possible, the pipes shall be in separate trenches with the sewer at least 18 inches below the bottom of the water main or such other separation as approved by the New Jersey Department of Environmental Protection shall be made. In general, the vertical separation at a crossing of water and sewer line shall be at least 18 inches. Where this is not possible, the sewer shall be constructed of cast-iron pipe using mechanical or slip-on joints or hot-poured lead joints for a distance of at least 10 feet on either side of the crossing or other suitable protection shall be provided.
D.
House service connections. A service connection consists of the pipe and appurtenances between the municipal street main and any customer's property line. A house service connection shall be comprised of a corporation stop at the main, a curb stop and an inside compression stop, in that order. Meters shall be located as specified by Ventnor City Water and Sewer Superintendent.
(1)
Separate water service for each unit shall be utilized for detached housing where maintenance is the responsibility of the individual homeowner.
(2)
Common water service connections may be allowed for multifamily housing where there is an entity, such as a homeowners' association, responsible for the maintenance of the common water laterals. Where common laterals are utilized, individual water shutoffs shall be provided for each unit.
E.
All system designs shall be approved by the City Engineer and/or the Water and Sewer Superintendent.
F.
Capacity. The water supply system shall be adequate to handle the necessary domestic and fire flow based on complete development.
§ 102-143 Sanitary sewer system.
A.
Plans for sanitary systems shall reflect New Jersey state regulations and guidelines which implement the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).
B.
The most desirable location for sanitary sewer mains shall be within the municipal right-of-way at or near the center line of the paved cartway.
C.
Pipe materials.
(1)
The applicant shall submit for approval details of the planned pipes, joints, fittings, etc. All materials used for sanitary sewer systems shall be manufactured in the United States, wherever available, as governed by Chapter 107, Laws 1982 of the State of New Jersey, effective date October 3, 1982.[1] Specifications such as ASA, American Society for Testing and Materials and American Water Works Association, etc., shall be the latest revision.
[1]
Editor's Note: See N.J.S.A. 40A:11-18.
(2)
Spacing intervals between manholes shall not exceed 400 feet for eighteen-inch pipe or less or 500 feet for larger pipe sizes.
(3)
Where sewers enter manholes and the difference in crown elevation between the incoming and outgoing pipes is equal to or greater than two feet, drop pipes shall be provided and drop manholes should be built.
(4)
All sewer mains within municipal streets shall be a minimum of eight inches in diameter.
(5)
All residential sewer laterals shall be a minimum of six inches in diameter.
§ 102-144 Stormwater management.
[Amended 7-5-2007 by Ord. No. 2007-8]
A.
The State of New Jersey has adopted regulations on January 5, 2004, which impose conditions and requirements upon municipalities under N.J.A.C. 7:7A and 7:14A relating to the methods of stormwater management and the issuance of stormwater discharge permits. The adopted rules and regulations address Phase II regulations that the United States Environmental Protection Agency (USEPA) published December 8, 1999 (Federal Register, 64 Fed. Reg. 68721), concerning such permits. The State of New Jersey has determined Ventnor City to be a Tier A Municipality and has issued NJPDES General Permit No. NJ0141852 to control and regulate municipal stormwater discharge.
B.
As part of the permitting regulations, Ventnor City must adopt a stormwater management plan and, also, both adopt and enforce stormwater regulations to enforce said plan. A stormwater plan was prepared, presented to the Ventnor City Planning Board, and was approved as a stormwater element of the City's Master Plan on June 13, 2007. Said plan, a copy of which is on file in the Municipal Clerk's office, recognizes Ventnor City's uniqueness as part of a barrier island system and the major influences that tidal flooding and shallow groundwater have on the functionality of retention basins and underground storage systems. However, there still remains an obligation under the NJPDES permit for the municipality to adopt stormwater ordinances in order to effectuate compliance with the state regulations.
C.
As a requirement of state regulation, the City of Ventnor hereby adopts and incorporates by reference into its Developmental Regulations, and sets forth as part of its stormwater pollution prevention plan (SPPP), the applicable stormwater management requirements and conditions as provided for under N.J.A.C. 7:8-1 et seq., as currently amended and as may be amended from time to time. Any developer meeting the requirements of a major development as defined in said regulations, which development does not require the review of the State of New Jersey, must meet said regulations as to quantity and quality of runoff and/or recharge as may be applicable within the criteria so stated. Any variances necessitated by limited site conditions, for which approval is obtained through formal application to the Ventnor City Planning Board, and for which approval must be received for said variances from the State of New Jersey, shall be at the sole cost of the developer. The interpretation as to the applicability of the technical requirements of said stormwater regulations shall be under the purview and approval of the Ventnor Municipal Engineer.
§ 102-145 Improvement guaranties.
A.
Improvement guaranties shall be provided to ensure the City of the proper installation and maintenance of on-site and on-tract improvements. Performance guaranties shall be held for a maximum of two years. At the end of this period, all improvements shall be completed or extensions thereto requested.
B.
Application.
(1)
Before the recording of final subdivision plats or as a requirement of final site plan submission, the approving authority may require and shall accept in accordance with the standards adopted by ordinance the following guaranties for the purpose of assuring the installation and maintenance of on-site and on-tract improvements:
(a)
The furnishing of a performance guaranty in favor of the City in an amount not to exceed 110% of the cost of installation for improvements it may deem necessary or appropriate.
(b)
Provision for a maintenance guaranty to be posted with the City Clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
(c)
A performance guaranty estimate shall be prepared by the applicant, setting forth all requirements for improvements as fixed by the Board and their estimated cost. Said estimate shall be reviewed by the City Engineer who shall either approve or adjust this performance guaranty.
(2)
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the City Commission by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 110% of the cost of the installation as determined as of the time of the passage of the resolution.
(3)
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not completed or corrected, and the City may, either prior to or after the receipts of the proceeds thereof, complete such improvements.
(4)
Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the City Commission, in writing, by certified mail addressed in care of the City Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the City Engineer. Thereupon the City Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the City Commission indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
(5)
The City Commission shall either approve, partially approve or reject the improvements on the basis of the report of the City Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
C.
Approval by City Solicitor.
(1)
The applicant shall present two copies of the performance guaranty in an amount equal to 110% of the approved performance guaranty estimate for approval as to form and execution by the City Solicitor.
(2)
The City Solicitor shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.
D.
Bonding and cash requirements.
(1)
The performance guaranty shall be made payable and deposited to the City of Ventnor and shall be in the form of cash or a certified check or an unlimited letter of credit from a bank or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The City shall issue its receipt for such deposits and shall cause the same to be deposited in a bank named by the City in the name of the City to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the City to pay the cost of an expense of obtaining a completion of all requirements.
(2)
Every performance guaranty shall contain a clause to the effect that a determination by the City Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive.
E.
Inspections and tests.
(1)
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the City Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner and he shall deposit with the City Clerk, for placement in a special trust fund account, a sum of 2% of the amount of the cost of all required site improvements or, for subdivisions, 2% of the amount of the cost or all aboveground improvements and an additional 10% of the cost of storm sewers to be applied to inspection costs. If inspection costs exceed such fund, the owner shall deposit with the City Clerk additional sums upon notice from the City Engineer. The City Clerk shall return any balance of the inspection deposit to the owner upon expiration of the maintenance bond, together with the paid invoices for all expenses charged, except that the inspection fee shall in no case be less than $100.
(2)
In no case shall any paving work where a performance guaranty is required, including prime and seal coats, be done without permission from the City Engineer's office. At least two days' notice shall be given to the City Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.
(3)
The City Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curb and gutters.
(d)
Road paving. A core sample shall be taken by the City Engineer at the applicant's expense at distances within the discretion of the City Engineer and also at the applicant's expense shall be subjected to laboratory testing, and reports shall be submitted by the City Engineer and recorded in the office of the City Clerk.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage structures before backfilling.
(h)
Street name signs.
(i)
Exterior lighting.
(j)
Monuments.
(4)
A final inspection of all improvements and utilities will be started within 10 days notification by the subdivider to determine whether the work is satisfactory and in agreement with the approved final drawings and the City specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guaranty covering such improvements and utilities.
(5)
Inspection by the City of the installation of improvements and utilities shall not operate to subject the City to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors, if any.
F.
Subdivider/developer's responsibility for damage to municipal roadways.
(1)
In such cases where a subdivider or developer will require the use of municipal maintained roadways to provide for the servicing of his site by construction-related vehicles and where it has been determined by the City Engineer that the transit of said construction vehicles may reduce the service life of said municipal roadways, the Planning Board shall require that, as a condition for final approval of a subdivision or site plan application, the subdivider or developer shall post a performance guaranty with the City for such amount as it may be determined to be necessary to restore the affected municipal roadways to their former useful life. In such case, the Planning Board shall also designate, on an individual case-by-case basis, those municipal roadways which may be used by each respective subdivider or developer for the transit of his construction-related vehicles to and from the site, which transit plan once approved shall be filed in the offices of the City Clerk, Building Inspector and City Police Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The amount of such performance guaranty shall be established on a case-by-case basis by the Planning Board, through consultation with the City Engineer. Once established, the performance guaranty shall be made payable to and deposited with the City of Ventnor City and shall be in the form of cash or a certified check. The City shall issue its receipt for such deposit and shall cause the same to be deposited in a bank named by the City in the name of the City. Said performance guaranty is to be used by the City to pay the cost and expense of the restoration of the applicable municipal roadways damaged by construction vehicular usage.
(3)
Upon completion of said roadway restoration and certification by the City Engineer, the subdivider's or developer's responsibility thereunder shall be recalculated in accordance with the actual, as compared to the estimated, cost of improvements to the extent that it shall decrease the amount thereof. The City shall refund the amount of such decrease to the subdivider or developer.