Wildwood City Zoning Code
SECTION 600
General Provisions and Design Standards
§ 17-601 Drainage; Stormwater Control.
[1-23-2019 by Ord. No. 1128-18; amended in entirety 8-25-2021 by Ord. No. 1207-21]
§ 17-601.1 Scope and Purpose.
A.
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.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 17-601.2.
C.
D.
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals 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.
§ 17-601.2 Definitions.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
Means an infiltration system, 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 section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
Means 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:
Means the Department of Environmental Protection.
Means 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.
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-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, 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 land, 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. |
Means 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 of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
Means 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.
Means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head 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.
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater close to its source by:
Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means 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.
Means an individual "development," 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 one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or
A combination of paragraphs B and C above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter 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 paragraphs 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." |
NOTE: The definition of major development above aligns with the definition at N.J.A.C. 7:8-1.2 and is recommended for consistency. Alternatively, a municipality may adopt the following definition, which is the minimum standard required. Municipalities that have already adopted the definition at N.J.A.C. 7:8-1.2 or another definition that goes beyond the minimum requirement should not reduce the stringency of their definition by adopting the minimum standard. |
"Major development" Means an individual "development," as well as multiple developments that individually or collectively result in the disturbance of one or more acres of land since February 2, 2004. |
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 result in the disturbance of one or more acres of land since February 2, 2004. 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." |
Additionally, individual municipalities may define major development with a smaller area of disturbance, a smaller area of regulated impervious or motor vehicle surface, or both. |
Means 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, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
Means 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.
Means any city, borough, town, township, or village.
Means 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 section. 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 section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 17-601.4F 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 section.
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
Means 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, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Means 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.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A net 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.
Means 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.
Means the lot or lots upon which a major development is to occur or has occurred.
Means all unconsolidated mineral and organic material of any origin.
Means 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.
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Means 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.
Means 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).
Means any 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.
Means a public body authorized by legislation to prepare stormwater management plans.
Means 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.
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
Means 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.
Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
Means 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.
Is defined as previously developed portions of areas:
Means 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.
Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Means 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.
§ 17-601.3 Design and Performance Standards for Stormwater Management Measures.
A.
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
B.
The standards in this section 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.
Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.
§ 17-601.4 Stormwater Management Requirements for Major Development.
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 17-601.10.
B.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's 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).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 17-601.4P, Q and R:
1.
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
3.
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.
D.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection O, P, Q and R 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:
1.
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection 17-601.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of Subsection 17-601.4O, P, Q and R existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.
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 17-601.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 17-601.4O, P, Q and R that were not achievable onsite.
E.
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 Subsection 17-601.4O, P, Q and R. 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.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section 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 | — |
(Notes corresponding to annotations (a) through (g) are found after Table 3.) |
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 |
(Notes corresponding to annotations (b) through (d) are found after Table 3.) |
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 17-601.4O2; |
(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 at Subsection 17-601.2; |
(h) | Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 17-601.2. |
G.
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 17-601.6B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 17-601.4O only if the measures meet the definition of green infrastructure at Subsection 17-601.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 17-601.4O2 are subject to the contributory drainage area limitation specified at Subsection 17-601.4O2 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 17-601.4O2 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 17-601.4D is granted from Subsection 17-601.4O.
H.
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.
I.
Design standards for stormwater management measures are as follows:
1.
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);
2.
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 17-601.8C.
3.
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, 7.4, and 7.5 shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 17-601.8; and
5.
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.
J.
Manufactured treatment devices may be used to meet the requirements of this subchapter, 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 Section II may be used only under the circumstances described at Subsection 17-601.4O4.
K.
Any application for a new agricultural development that meets the definition of major development at Subsection 17-601.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 17-601.4O, P, Q and R 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.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 17-601.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite 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.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the 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 17-601.4O, P, Q and R 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 17-601.10B5. 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.
N.
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 17-601.4 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 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 paragraph M 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 paragraph M above.
O.
Green Infrastructure Standards.
1.
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.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 17-601.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 17-601.4F and/or an alternative stormwater management measure approved in accordance with Subsection 17-601.4G. 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 |
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 17-601.4D 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 17-601.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 17-601.4P, Q and R.
5.
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 17-601.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Subsection 17-601.4D.
P.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 17-601.5, either:
a.
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
b.
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 4 below.
4.
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 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.
Q.
Stormwater Runoff Quality Standards.
1.
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.
2.
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
a.
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
b.
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.
3.
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 paragraph 2 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.
4.
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 |
5.
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. |
6.
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 17.601.4P, Q and R.
7.
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.
8.
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.
9.
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 post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
10.
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.
R.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 17-601.5, complete one of the following:
a.
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
b.
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
c.
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs 2a, 2b and 2c above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
§ 17-601.5 Calculation of Stormwater Runoff and Groundwater Recharge.
A.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following methods:
a.
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 website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
b.
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.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction 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 above at Subsection 17-601.5A1a and the Rational and Modified Rational Methods at Subsection 17-601.5A1b. 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).
3.
In computing pre-construction 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.
4.
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 or other methods may be employed.
5.
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.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-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 the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
§ 17-601.6 Sources for Technical Guidance.
A.
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
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.
2.
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
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.
§ 17-601.7 Solids and Floatable Materials Control Standards.
A.
Site design features identified under Subsection 17-601.4F above, or alternative designs in accordance with Subsection 17-601.4G 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 17-601.7A2 below.
1.
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:
a.
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
b.
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Example of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
c.
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 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
2.
The standard in paragraph A1 above does not apply:
a.
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;
b.
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;
c.
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:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1). |
d.
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
e.
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(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.
§ 17-601.8 Safety Standards for Stormwater Management Basins.
A.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
B.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsections 17-601.8C1, C2 and C3 for trash racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
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 BMP to ensure proper functioning of the BMP outlets in accordance with the following:
a.
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
b.
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
c.
The average velocity of flow through a clean trash rack is not to exceed 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; and
d.
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
2.
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:
a.
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
b.
The overflow grate spacing shall be no less than two inches across the smallest dimension.
c.
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.
3.
Stormwater management BMPs shall include escape provisions as follows:
a.
structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 17-601.8C, a free-standing outlet structure may be exempted from this requirement;
b.
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 to 1 1/2 feet above the permanent water surface. See Subsection 17-601.8E for an illustration of safety ledges in a stormwater management BMP; and
c.
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
D.
Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
E.
Safety Ledge Illustration.
 |
§ 17-601.9 Requirements for a Site Development Stormwater Plan.
A.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 17-601.9C below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards set forth in this section.
B.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
C.
Submission of Site Development Stormwater Plan. The following information shall be required:
1.
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 flood plains 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 manmade features not otherwise shown.
2.
Environmental Site Analysis.
A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. 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.
3.
Project Description and Site Plans.
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 will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of Subsections 17-601.3 through 17-601.5 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.
5.
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
a.
Total area to be disturbed, 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.
b.
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.
6.
Calculations.
a.
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 17-601.4.
b.
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite 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.
7.
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 17-601.10.
8.
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 17-601.9C1 through Subsection 17-601.9C6 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.
§ 17-601.10 Maintenance and Repair.
A.
Applicability.
Projects subject to review as in Subsection 17-601.1C shall comply with the requirements of Subsection 17-601.10B and C.
B.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2.
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). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
4.
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. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
5.
If the party responsible for maintenance identified under Subsection 17-601.10B3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 17-601.10B7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.). of the stormwater management measure, including, but not limited to, 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 non-vegetated linings.
7.
The party responsible for maintenance identified under Subsection 17-601.10B3 above shall perform all of the following requirements:
a.
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;
b.
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
c.
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 17-601.10B6 and B7 above.
8.
The requirements of Subsection 17-601.10B3 and B4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the ordinance should require the posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
9.
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. Nonpayment of such bill may result in a lien on the property.
C.
Nothing in this subsection 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.
§ 17-602 Fences, Walls and Sight Triangles.
[1-23-2019 by Ord. No. 1128-18]
A.
All permitted fences or finished walls shall be situated on a lot in such a manner that the finished side of the fence or wall shall face adjacent properties. All poles, posts, etc., shall be erected on the inside of the fence or wall. No fence or wall shall be erected of barbed wire, broken glass, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, except for nonresidential uses where the Board or Construction Official determines that such construction is reasonable and affords safety.
B.
All fences shall be constructed and maintained to withstand a wind load of no less than 15 pounds per square feet. Construction materials may be of wood board (picket or panel), plastic (picket or panel), metal chain link/fabric, picket or bent salvage on tip, or concrete panel, but shall not be solid concrete or concrete block. All materials shall be treated against infestation and corrosion.
C.
All fences or walls shall be symmetrical in appearance, which posts separated by identical distances, with the fencing or wall conforming to a definite pattern and uniform design. Fences or wall shall be kept in good repair, shall be regularly painted, and shall be maintained in a clean condition.
D.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yards, five feet in height in side yards, and six feet in height in rear yards, with the following exceptions:
1.
A dog run may have fencing or wall a maximum of six feet in height, provided such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings in the respective zoning district as stipulated in Section 400.
2.
A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet, in height, provided that, in lieu of the prescribed fence, aboveground pools with vertical side walls four feet or more in height may be equipped with a ladder or steps which can be repositioned or removed when the pool is not in active use. Swimming pool areas shall be located in side and rear yards only. See § 17-509 for additional standards.
3.
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 15 feet in height; said fence shall be set back from any lot line the distance required for accessory buildings in the respective zoning district as stipulated in Section 400. A tennis court fence may hang or attach blackout curtains to the inside of the fence to avoid distractions from outside the fence; however, the curtains shall be maintained in a clean condition and in good repair.
4.
Schools, playgrounds, public swimming pools and parks in any applicable district and commercial and industrial uses may erect security fences or walls to control ingress and egress to all or part of the lot. Said fence or wall shall be no more than 10 feet in height and built in accordance with Subsection A above and herein.
5.
In situations where a residential lot is directly adjacent to a commercial use, either property may have a fence of six feet in height in side or rear yards along the shared property line in order to protect the residential character of adjacent neighborhoods.
E.
Two separate fences placed back to back along common property lines shall be discouraged.
F.
Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than four feet to any sidewalk or any prospective sidewalk. Plantings shall be considered as part of any wall or fencing plan.
G.
No person shall erect a fence or wall until after obtaining a permit from the Zoning Officer. An application must be obtained from the Office of Planning and Zoning, and shall require a permit fee to be paid with the application. Living fences shall not require a permit, but shall be governed by the rules of this chapter.
H.
Existing fences at the time of adoption of this chapter shall be allowed to remain and to be maintained, but cannot be replaced except by compliance with the regulations herein prescribed.
I.
Sight triangle areas shall be required at street corner intersections and all nonresidential driveways entering public streets, in addition to the specified right-of-way widths. The "sight triangle" is defined as a triangular area outside of the curbline and the straight line connecting sight points, one located on each curbline or driveway center line at a distance of 25 feet or one foot for each mile of allowed street speed limit, whichever is greater, or 15 feet along the center line of a driveway, in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants and light standards.
 |
J.
The maintenance of all vegetation within a sight triangle shall be the responsibility of the property owner and not the City of Wildwood and shall be noted in any easement to the City or County of Cape May, if applicable. The size of the required sight triangle easement shall be determined by the City Engineer. Sight triangle easements shall be required for any new development and such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement dedicated for purposes provided for and expressed in the Land Development Ordinance of the City of Wildwood." All municipal sight triangle easement dedications shall be in a form acceptable to the Planning/Zoning Board.
§ 17-603 Lighting.
[1-23-2019 by Ord. No. 1128-18]
A.
Streetlighting of a type supplied by the local utility and of a type and number approved by the City Engineer may be required at all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons.
B.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least five-tenths footcandle at intersections and three-tenths footcandle elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.
C.
Any 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 a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications are 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 to distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.
D.
All lights shall be arranged and shielded in such a manner as not to create a hazard or nuisance to nearby residential properties or the traveling public.
§ 17-604 Public Utilities.
[1-23-2019 by Ord. No. 1128-18]
A.
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utilities.
1.
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.
2.
Prior to commencement of construction, the developer shall furnish the Planning or Zoning Board and the Construction Official a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the City; indicating agreement with the proposed utility installation design; and stating whom will construct the facility so that service will be available prior to occupancy. The form of such agreements shall be reviewed and approved by the Planning or Zoning Board attorney prior to final approval of subdivision and site plans or, in the case of the commencement of construction, the City Attorney.
3.
The developer shall provide the City with four copies of a final as-built plan showing the installed location of the facilities.
B.
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or City departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement dedicated for purposes provided for and expressed in the Land Development Ordinance of the City of Wildwood." All municipal utility right-of-way easement dedications shall be in a form acceptable to the Planning/Zoning Board solicitor.
C.
The installation of utilities may disturb municipal and county street surfaces. The developer shall be responsible for all utility trench reconstruction caused by the construction of the development, whether installed directly by the developer or by a subcontractor, to the satisfaction of the City Engineer. Proper restoration of municipal and county street surfaces shall be a condition of final performance bond release. The developer is responsible for all approvals applicable from any outside agencies having jurisdiction over the project. Notwithstanding the requirements of this section, any development or work within the public right-of-way of any street within the City of Wildwood requires the applicant and/or contractor to obtain a street opening permit under requirements of Section 15-1 and 15-2[1] of the General Ordinances of the City of Wildwood prior to the disturbance of any street or right-of-way.
§ 17-605 Sanitary Sewers.
[1-23-2019 by Ord. No. 1128-18]
A.
Where a public wastewater treatment plant and collection system is accessible or proposed, the developer shall construct sanitary sewer lines and building connections in accordance with NJDEP permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.
§ 17-606 Water Supply.
[1-23-2019 by Ord. No. 1128-18]
A.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local/state agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines whenever possible.
B.
Any development shall secure approval of the City of Wildwood Water Utility as to size and location of a development's or a building's public water connections as well as any public water infrastructure system improvements required by the proposed development.
§ 17-607 Streets, Curbs and Sidewalks.
[1-23-2019 by Ord. No. 1128-18]
A.
Streets.
1.
All developments shall be served by paved streets in accordance with the approved major subdivision and/or site plan, and all such streets shall have an adequate road crown. The arrangement of such streets shall be such as to provide for the appropriate extension of such streets.
2.
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street, although a greater width may be required in accordance with the following schedule, unless otherwise determined by the City Engineer:
Type of Street | RoW Width (feet) | Number of Traffic Lanes | Traffic Lanes Width (feet) | Shoulder Width Within Gutters (feet) | Width of Gutters On Each Side (feet) | Width Between Gutters and Curbs (feet) |
|---|---|---|---|---|---|---|
Collector | 66 | 2 | 12 | 8 | 13 | 40 |
Local | 50 | 2 | 15 | - | 10 | 30 |
3.
In the event that a development adjoins or includes existing streets that do not conform to the street width requirements of this chapter, the developer shall show additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, and shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication by deed shall be expressed as follows: "Street right-of-way dedicated for purposes provided for and expressed in the Land Development Ordinance of the City of Wildwood." All municipal street right-of-way dedications shall be in a form acceptable to the Planning/Zoning Board solicitor.
a.
If the development is along one side of the street only, 1/2 of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.
b.
The installation of road improvements may disturb municipal and county street surfaces. The developer shall be responsible for all road reconstruction necessitated by the construction of the development, whether installed directly by the developer or by subcontractor, to the satisfaction of the City Engineer. Proper restoration of municipal and county street surfaces shall be a condition of final performance bond release. The developer is responsible for all approvals from any outside agencies having jurisdiction over the project.
4.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. The Board reserves the right to approve or name streets within a proposed development.
5.
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the City, the following standards shall apply:
a.
All construction shall be in accordance with the "Standard Specifications for Road and Bridge Construction, 2001," as prepared by the New Jersey State Department of Transportation and any supplements, addenda and modifications thereto.
b.
On all municipal roads, the base course shall be six inches of soil aggregate.
c.
The surface course for all municipal roads shall consist of two inches of bituminous concrete, Type FABC, Mix No. I-5, applied according to the aforesaid New Jersey Department of Transportation specifications and amendments thereto.
d.
Where subgrade conditions of proposed street areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner:
(1)
The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the City Engineer. Where required by the City Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the City shall be constructed beneath the surface of the parking area and connected to a suitable drain.
(2)
After the subbase material has been properly placed and compacted, the street surfacing material, as described hereinabove, shall be spread thereon.
6.
In addition to the requirements of this section, any development or work within the public right-of-way of any street within the City of Wildwood requires the applicant and/or contractor to obtain a street opening permit under requirements of Section 15-1 and 15-2[1] of the General Ordinances of the City of Wildwood prior to the disturbance of any street or right-of-way.
B.
Curbs.
1.
Curbing is required along both sides of all streets. All curbing shall be laid in the manner approved by the City Engineer, including both horizontal and vertical alignments. Depressed curb ramps with detectable pads for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.
2.
The curbing materials shall adhere to the minimum standards set forth by the county or state engineers when said curbing concerns roads under their jurisdiction and where such standards exist. For roads under the County of Cape May jurisdiction, the county curb detail shall be used as referenced and incorporated herein.
3.
4.
The use of alternative materials to concrete, such as Belgian block, granite, stamped concrete, pavers or the like, shall require the approval of the City Engineer. Similarly, the installation of any alternative style of curbing, such as a roll curb or the like, shall require the approval of the City Engineer.
C.
Sidewalks and Aprons.
1.
Sidewalks and aprons are required on both sides of all existing and proposed streets.
2.
Sidewalks shall be at least five feet wide and shall be four inches to six inches thick, constructed on a subgrade properly prepared as required by, and with the approval of, the City Engineer.
3.
The use of alternative materials to concrete, such as Belgian block, granite, stamped concrete, pavers or the like, shall require the approval of the City Engineer. Similarly, the installation of any alternative style of curbing, such as a roll curb or the like, shall require the approval of the City Engineer.
§ 17-608 Off-Street Parking, Loading Areas and Driveways.
[1-23-2019 by Ord. No. 1128-18; amended 8-23-2023 by Ord. No. 1268-23]
A.
Off-Street Parking. The following schedule details the number of off-street parking and loading spaces required for various categories of land uses within the City of Wildwood.
1.
Each individual land use shall provide parking and loading spaces according to following schedule. The number of spaces indicated therein shall be construed as minimum requirements.
2.
Where the use of land or buildings includes multiple permitted uses with different parking requirements, the total number of spaces required shall be the cumulative sum total of the various individual parking requirements for each use within the facility as provided for herein.
3.
All uses shall, to the extent practicable, provide for shared parking and common accessways. Cross easements and similar arrangements to provide for interconnected parking facilities in order to facilitate such shared use of parking and access is encouraged.
4.
Schedule of Off-Street Parking and Loading Spaces:
Use | Required Number of Spaces | |
|---|---|---|
a .Residential Uses1 | ||
Single-family detached | For each dwelling unit: | |
2-family stacked (multistory) | 1- and 2-bedroom: 1.5 | |
Single-family semidetached (duplex) | 3-bedroom: 2.0 | |
3-4 family semidetached ("tri" or "quad") dwelling units | 4-bedroom: 2.5 | |
Residential above ground-floor permitted use | 5-bedroom: 3.0 | |
Accessory apartments | For each dwelling unit: | |
1-bedroom: 1.0 | ||
2-bedroom: 1.5 | ||
3-bedroom: 2.0 | ||
Community residences or community shelters | 1 parking space for each resident; the Planning Board may require such parking as is deemed appropriate at time of site plan review and approval, or may waive any parking requirement, provided that sufficient justification is presented | |
Garden apartments2 | For each dwelling unit: | |
1-bedroom: 1.8 | ||
2-bedroom: 2.0 | ||
3-bedroom: 2.1 | ||
Townhouses | For each dwelling unit: | |
1-bedroom: 1.8 | ||
2-bedroom: 2.3 | ||
3-bedroom: 2.4 | ||
b .Commercial Uses | ||
Automotive gas and or service stations, garages and car washes | 1 space for every 1/5 of a service stall, plus queuing room for a minimum of 8 automobiles per fueling station | |
1 marked parking space for every 1,000 square feet of lot area, whichever provides the greater number, except that no more than 20 parking spaces | ||
Automobile sales through franchise dealers and non-water-dependent boat sale facilities | 10 spaces reserved for customer parking in addition to, and separated from, lot area for vehicular display and employee parking area | |
Banks, including drive-through facilities | 1 space for every 200 square feet of net habitable leasable area or any part thereof, plus queuing room for a minimum of 8 automobiles per drive-through window, if applicable | |
Drive-through facilities shall provide sufficient parking spaces in appropriate locations so that no driveway, aisle, fire lane or right-of-way is used at any time for parking | ||
Bowling alleys | 3 spaces for every bowling lane | |
Barbershops and beauty parlors | 1 space for every 0.25 of an operator | |
Bars, taverns and nightclubs | 1 space for every 3 seats, plus 1 space for every 500 square feet of net habitable leasable area or any part thereof | |
Bed-and-breakfasts | 1.25 space per lodging unit | |
Bicycle and watersport rentals | 1 space for every 200 square feet of sales floor area or any part thereof, exclusive of basement area or storage area, with a minimum of 3 spaces | |
Boardwalk frontage uses (other than hotels, motels, combined RDE resort facilities and mid-rise residential uses) | No minimum established; the Planning Board may require such parking as is deemed appropriate at time of site plan review and approval, or may waive any parking requirement, provided that sufficient justification is presented | |
Car washes | Minimum capacity for 15 vehicles at the entrance and 6 vehicles at the exit of the washing equipment; | |
1 space for each waxing, upholstery cleaning or similar specialized service area; | ||
1 space for each employee | ||
Designed residential structures (apartments, garden apartments, condominium units, townhouses and similar multifamily developments) | Low-rise buildings (1 to 2 floors) and mid-rise buildings (3 to 9 floors): | |
1-bedroom: 1.8 spaces | ||
2-bedrooms: 2.0 spaces | ||
3-bedrooms: 2.1 spaces | ||
High-rise buildings (10 floors and up): | ||
1-bedroom: 0.8 spaces | ||
2-bedrooms: 1.3 spaces | ||
3-bedrooms: 1.9 spaces | ||
+ 1 space for every 3 employees | ||
The employee requirement may be satisfied by the creation of a rideshare program whereby employees are required to park in a centralized location and shuttled to the subject development | ||
Funeral homes | 1 space for each 3 seats devoted to assembly room purposes, but in no case fewer than 50 spaces | |
Home occupations | Parking of no more than 1 vehicle at any time, in addition to those ordinarily used by the residents of the home and a single nonresident employee as further defined in Section 200 | |
Hospitals, nursing homes or institutions for the ill or aged | 1 space for every 3 beds | |
Hotel, motel, combined RDE facilities, and condotel structures: a structure which contains, but is not necessarily solely comprised of, hotel units which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than 1 night and not more than a number of continuous nights established by the individual municipality; except that resident management shall not be subject to the occupancy limitation | For all hotel and motel units: 1 space per unit | |
For condominium and apartment-style units within a combined RDE facility or condotel: | ||
Low-rise buildings (1 to 2 floors) and mid-rise buildings (3 to 9 floors): | ||
1-bedroom: 1.8 spaces | ||
2-bedrooms: 2.0 spaces | ||
3-bedrooms: 2.1 spaces | ||
High-rise buildings (10 floors and up): | ||
1-bedroom: 0.8 spaces | ||
2-bedrooms: 1.3 spaces | ||
3-bedrooms: 1.9 spaces | ||
1 space for every 3 employees | ||
The employee requirement may be satisfied by the creation of a rideshare program whereby employees are required to park in a centralized location and be shuttled to the subject development | ||
Landry/laundromat (coin-operated) facilities | 1 space for each 3 washing or cleaning machines | |
Light industrial manufacturing, processing, assembly or treatment facilities | 1 space per 700 square feet or any part thereof; in addition, all uses in the LI Zone shall provide 1 space for every vehicle owned by the subject use and/or operated from the subject site | |
Lodges and clubs | 1 space per 200 square feet of net habitable floor area or any part thereof | |
Marinas, boat yards, yacht basins and other water-dependent uses other than sightseeing boats, party boats or similar use | The sum total of the following: | |
1 space for every boat mooring slip; | ||
1 space for every 1,000 square feet of storage, dry dock or similar area; | ||
1 space for every 200 square feet of sales floor area; | ||
1 space for every 2 docks thereafter for business not related to boat docking; | ||
1 space for every vehicle owned by the subject use and/or operated from the subject site | ||
For boat trailer launching facilities, either as a separate, standalone use or as part of a water-dependent use | 10 off-street and on-site parking spaces (10 feet W × 40 feet L) with sufficient space for the parking or storage of automobile-towed boat trailers | |
Medical and dental office buildings, including clinics | 2 spaces for each operating/exam room; 1 space for each employee, including the medical practitioner | |
Offices and office buildings, including professional offices | 1 space for every 200 square feet of net habitable floor area or any part thereof | |
Piers | 1 space per 200 square feet of area devoted to the subject pier's administrative office purposes, up to a maximum of 30 spaces | |
Off-street parking requirement is limited to on-site parking for employees only | Such parking area shall be constructed of hard, durable surface such as concrete or bituminous pavement, shall be curbed and shall employ stormwater management practices, as approved by the City Engineer, to prevent oils, grease, heavy metals and other deleterious materials from seeping into the ground | |
Places of worship | 1 space for every 5 permanent seats (for the purpose of calculating seats for pews or benches, each seat shall be considered 22 inches wide) | |
Public utilities | 1 space of sufficient size for a maintenance vehicle appropriate to the utility being serviced | |
Public swimming pools | 1 space per user based on 30% facility capacity | |
Recreation (year-round, enclosed facilities) | ||
Public or private athletic fields, buildings and uses skating rinks | 1 space per user based on 30% of facility capacity | |
Public parks, playgrounds and conservation areas | ||
Recreational uses for public and private | ||
Elementary and high schools | ||
Traditional boardwalk amusements (other than on piers) | ||
Recreation (seasonal or temporary facilities) | ||
Entertainment or athletic activities and events, including temporary facilities for same; seasonal recreation or tourist-related concessions and other commercial activities not involving permanent structures | Such number of parking spaces as shall be deemed by the City to be reasonable, based on the use proposed and the requirements of this schedule | |
Restaurants (dining) | 1 space for every 4 seats | |
Restaurants (takeout or drive-through) | 1 space for every 4 seats or 150 square feet of floor area, whichever is greater, plus queuing room for a minimum of 8 automobiles per drive-through window, if applicable | |
Drive-through facilities shall provide sufficient parking spaces in appropriate locations so that no driveway, aisle, fire lane or right-of-way is used at any time for parking | ||
Retail stores, beach accessory stores, seashore novelty stores and similar uses | 1 space for every 200 square feet of sales floor area or any part thereof, exclusive of basement area or storage area, with a minimum of 3 spaces | |
Schools and child-care centers | 1 space per employee for grades K-10 | |
2 1/2 spaces per employee for grades 11 and 12 | ||
In all cases, sufficient space must be allocated for school bus loading and unloading | ||
Service businesses and uses | 1 space for every 200 square feet of sales floor area or any part thereof, exclusive of basement area or storage area, with a minimum of 3 spaces | |
Theaters, amphitheaters, and museums | 1 space for every 4 seats | |
Combined retail, dining, and entertainment resort facilities | Cumulative sum total of the various individual parking requirements for each use within the facility as provided for herein | |
Warehouses and inside storage facilities | 1 space per 1,000 square feet | |
Wholesale distribution centers | 1 space for each 500 square feet of floor area | |
c .Off-Street Loading Spaces | ||
Commercial uses (generally and not specifically listed below) | Up to 9,999 square feet: 1 space | |
10,000 to 19,999 square feet: 2 spaces | ||
20,000 to 39,000 square feet: 3 spaces | ||
40,000 to 60,000 square feet: 4 spaces | ||
For each additional | ||
60,000 square feet: 1 space | ||
Marinas, boat yards, yacht basins, and other water-dependent uses | Sufficient space for the temporary parking or storage of automobile-towed boat trailers | |
For uses in the light industrial zone: off street loading (based on gross floor area) | 1 space for every 8,000 square feet of net habitable floor area, or any part thereof, measured as cumulative for all buildings and/or activities on the subject site | |
Each loading space shall be at least 15 feet x 30 feet | ||
All off-street loading area shall maintain adequate ingress and egress from the public right-of-way. All such areas shall be located at the side or rear of the facility. No loading shall take place from the street | ||
NOTES: | |
|---|---|
1 | As governed by the New Jersey Residential Site Improvement Standards, "RSIS" (N.J.A.C. 5:21-1 et seq.), when a determination of the required number of parking spaces results in a fractional space, any fraction of 1/2 or less may be disregarded, while any fraction in excess of 1/2 shall be rounded up. |
2 | Requirements for garden apartments and townhouses include provisions for guest parking at 0.5 spaces per dwelling unit. Guest parking must either be provided on-street or in common parking areas. |
5.
Pacific Avenue Parking Regulations (All Zoning Districts).
a.
The above notwithstanding, in recognition of the existing built-out nature of the lands along Pacific Avenue, the lack of existing off-street parking spaces in this area and the resultant difficulty and inability of applicants to acquire additional lands for such parking without the demolition of existing structures, the off-street parking requirements for permitted uses desiring to occupy existing structures fronting Pacific Avenue shall be relaxed to require only those off-street parking spaces existing at the effective date of this chapter.
b.
The above section shall not apply to new structures proposed after the effective date of this chapter, which shall conform to the requirements set forth herein.
B.
Type of Facility.
1.
Parking spaces may be on, above, or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
2.
The provision of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the following minimum dimensions; where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail:
Angle of Parking Space | One-Way Aisle (feet) | Two-Way Aisle (feet) |
|---|---|---|
90° | 22 | 24 |
60° | 18 | 20 |
45° | 15 | 20 |
30° | 12 | 18 |
Parallel | 12 | 18 |
3.
Stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 22 (twenty-two) feet from the garage to the property line.
4.
Where the separate designation of a specific loading space is not required for an activity, the required off-street parking area shall not be used for loading and unloading purposes except during hours when normal business operations are suspended.
5.
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
6.
Parking spaces shall be nine feet wide by 18 feet long. Each loading space shall be at least 15 feet x 30 feet. All parking spaces shall be striped.
7.
All off-street parking and loading areas shall be provided with curbing or curb stops so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones, and street rights-of-way, and so that each parking and loading area has controlled entrances, exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.
8.
A buffer planting strip not less than five feet in width shall be provided between any property line which abuts a residential use or district and any parking area with five or more parking spaces. At a minimum, a screen planting of evergreen material not less than three feet in height or species native to the southern New Jersey barrier islands environment shall be used to form an effective screen. Sight triangles shall not be obstructed by any plantings. Plantings shall be maintained so as not to overhang off of a lot or into a designated parking area.
9.
At least 25% of the parking lot frontage shall be contiguous raised curb with landscaping to the building line. No parking shall be permitted in this area.
C.
Location of Parking and Loading.
1.
Off-street parking and loading spaces shall be located on the same lot or premises as the principal use. Off-site parking accessory to a commercial use shall be permitted, subject to site plan approval by the Planning Board. Off-site parking is not permitted for residential uses.
2.
No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. Parking spaces may occupy front, side, and rear yard areas subject to site plan approval.
3.
Where multiple uses with different parking requirements share a parking area, the total number of required parking spaces shall be the sum of the individual requirements for each activity.
4.
At-grade parking below a principal structure is permitted in all zoning districts. For such cases in all residential zoning districts, garage doors or parking bay openings are encouraged to be on the side or rear of the principal structure.
5.
Unless otherwise indicated, on-site parking for nonresidential structures and uses shall be on the side or the rear of the building.
D.
Paving and Curbing. All paved parking areas, loading areas, and access drives shall be paved as outlined below. All parking areas, regardless of size and location, shall be suitably drained and maintained.
1.
Areas of ingress or egress, loading and unloading areas, parking aisles, interior driveways, access aisles, and other areas likely to experience heavy traffic shall be paved with not less than six inches of soil aggregate base course prepared and constructed in accordance with Division 3, Section 2A, of the "Standard Specifications for Road and Bridge Construction, 2001," as prepared by the New Jersey State Department of Transportation, and any supplements, addenda and modifications thereto. A minimum of two-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid specifications.
2.
Where subgrade conditions of proposed parking and loading areas are wet, springy, or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner. The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the City Engineer. Where required by the City Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the City Engineer shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described hereinabove, shall be spread thereon.
E.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets. The lighting plan in and around the parking areas shall provide for non-glare lights focused downward. All parking facilities providing five or more parking spaces shall be lighted.
F.
Driveway Access and Curb Cuts.
1.
Each lot developed with a detached single-family dwelling unit or a two-family building shall be permitted only one curb cut per each full 20 feet of lot frontage.
2.
Each curb cut shall be a minimum 10 feet wide, and the curb cut and access drive shall be located on the side property line.
3.
Each lot developed with other than a detached single-family unit or a two-family building shall not be so restricted; however, curb cut access shall be limited by the Planning Board during site plan review, in order to provide as few curb cuts as necessary.
4.
No curb cut for a residential use shall be more than 24 feet in width.
5.
No curb cut for a commercial use shall be more than 36 feet in width.
6.
In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given.
7.
Curbing, where required, shall be depressed at the driveway and is to be rounded at the corners.
8.
Driveways and access to any public street, except for single-family or two-family dwelling units, shall be located at least 35 feet from the intersection of the street at the curbline, and shall be designed in a manner conducive to safe ingress and egress.
9.
At least 25% of the lot frontage shall be contiguous raised curb with landscaping to the building line. No parking shall be permitted in this area.
G.
Parking of Commercial Vehicles in Residential Zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by evergreen plantings or species native to the southern New Jersey barrier islands environment, at least five feet in height. For purposes of this chapter, a "commercial vehicle" is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey State Division of Motor Vehicles; except that this provision shall not be deemed to limit construction equipment which is used on the site for during or for construction purposes.
H.
Mechanical parking lifts. Mechanical parking lifts shall be prohibited in all zoning districts, other than a lift in a licensed automobile service station, or a lift located within the interior of a residential or commercial garage. Mechanical parking lifts located within a permitted garage shall not count towards the number of off-street parking spaces required by NJ - Residential Site Improvement Standards ( NJ-RSIS) (N.J.A.C. 5:21-1 et. seq.), City Ordinance, or decision of the City Planning Board.
§ 17-609 Signage.
[1-23-2019 by Ord. No. 1128-18]
A.
General Provisions.
1.
No signs shall be hung, erected, rebuilt or placed upon any building or structure unless a zoning permit and/or construction permit has been obtained by the property owner or an authorized agent of owner. Permit applications shall be accompanied by a plan showing details of the sign, type of illumination, type of materials, colors, size and location of the sign on the building and/or parcel.
2.
No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. A sign advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected is prohibited, unless specifically permitted herein.
3.
No billboards shall be erected or replaced. Billboards are prohibited.
4.
Any sign having a message which in and of itself is lewd and licentious or advocates an act in violation of any municipal, county, state or federal law shall be prohibited.
5.
Nonconforming signs shall not be enlarged, changed, or altered in size, location or appearance unless they conform to these regulations, except that any sign in existence prior to the adoption of this chapter, notwithstanding that the said sign may not be a conforming use, shall be permitted to be removed for storage, repairs or reconditioning and may be replaced in the same manner and location without the necessity of securing permits.
6.
No sign except traffic signs and those of a duly constituted governmental body shall be erected within the street right-of-way, nor shall any sign be placed on any property without the consent of the property owner.
7.
No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, or other places of business. No sign shall exceed 30 inches in height within the sight triangle.
8.
No signs shall be attached to trees, fence posts, stumps, utility poles, or the like. Signs shall be freestanding or attached to buildings in an approved manner.
9.
No sign shall emit any sound, odor or other nuisance beyond the property line or above 25 feet.
10.
All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings, or faces, maintenance of legibility and all lighting elements.
11.
Building identification.
a.
All principal buildings in all districts shall be clearly identified as to street number by means of a small unobstructed sign, clearly visible and legible from the main and abutting street.
b.
Each apartment unit, hotel or motel room, rooming house and boardinghouse room, and every room in all other multiple rental facilities, and all commercial establishments shall be uniquely numbered or lettered.
c.
Numbers and letters shall be assigned by the Tax Assessor of the City of Wildwood.
d.
Numbers and letters shall not be less than a minimum of two inches in height and shall be of a color which contrasts to the background to which said number(s) is (are) secured.
12.
Projecting Signs.
a.
Projecting signs, including framework or brackets, are permitted to encroach over the public right-of-way by a maximum of four feet. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least nine feet above the walkway.
b.
Prior to the erection of any such sign, awning, or canopy, and on an annual basis thereafter with renewal of mercantile license, a liability insurance policy or rider and hold harmless agreement with indemnification to the City of Wildwood must be submitted in a form as approved by the Atlantic County Joint Insurance Fund and which must be satisfactory to the City Clerk and/or City Solicitor.
c.
In emergencies or upon proper notice for any good cause, the Zoning Official is authorized to require the immediate removal of any sign, awning, or canopy from over any portion of the public right-of-way, all costs of which shall be the sole responsibility of the owner/applicant.
13.
Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets and neighboring properties. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. All lighting shall be shielded or otherwise directed so as not to cause glare, reflection or other nuisance onto any adjacent property.
B.
Types of Signs. Where permitted by the specific district regulations found in Section 400 of this chapter, various sign types shall conform to the following standards:
1.
Animated, Flashing and Illusionary Signs: Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited in all residential zoning districts as well as in the Professional Office (PO), Marine Commercial-Tourist (MC-T) and Marine Commercial-Residential (MC-R) Zones. Such signs shall be permitted in all other zoning districts. Self-changing "time and temperature" signs, which alternately reflect the time of day and temperature by mechanical or flashing devices, are prohibited in residential districts only.
2.
Freestanding Signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign.
3.
Wall Signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 feet from the building.
4.
Monument Signs. Monument signs shall be surrounded by a landscaped area. The size of said landscaped area is detailed in the individual district regulations found in Section 400. No monument sign shall in any way violate sight triangle regulations.
5.
Awning Signs: Retractable awnings of canvas or similar durable material which are supported within the property lines shall be permitted and shall be allowed to extend over a portion of the public right-of-way in commercial zones, provided:
a.
No portion of the awning extends more than four feet into the public right-of-way.
b.
Awning supports are not permitted in the public right-of-way.
c.
The vertical clearance from grade to the lowest portion of any structural member shall be eight feet.
d.
The vertical clearance from the public right-of-way to the lowest portion of any awning, including valances, shall be seven feet minimum.
e.
Awnings shall be constructed and installed in such a manner that upon seasonal or permanent removal, no portion of the support structure shall be exposed.
f.
Awning signs are limited to 16 feet of awning, and letters are limited to eight inches in height.
g.
No awning shall contain any advertising material or signage, other than the name and/or logo of the host establishment.
h.
No signs, merchandise, banners, or flags shall be attached to the bottom of an awning.
i.
The free flow of pedestrian traffic on the sidewalk must remain unobstructed.
j.
Any applicant seeking approval to install or replace awnings shall apply for a building permit from the Construction Official, setting forth the specific location, dimensions and structural aspects of the proposed awning. The Construction Official shall not issue any awning permit without receiving a prior approval from the Zoning Official, who is hereby authorized to review and, if appropriate, approve awnings after taking into account such factors as impact on the public right-of-way, emergency access and safety, customary activities, drainage and maintenance.
6.
Canopy Signs. Canopies located at the entrance to commercial buildings are permitted and encouraged, provided:
a.
The outside edge of any canopy shall not be closer than two feet from the face of the curb.
b.
The vertical clearance from grade to the lowest portion of any structural member or canopy sign shall be eight feet.
c.
Such canopies must be anchored to the host building.
d.
Canopy signs are limited to 16 feet of awning, and letters are limited to eight inches in height. No canopy shall contain any advertising material or signage, other than the name and/or logo of the host establishment.
e.
No signs, merchandise, banners, or flags shall be attached to the bottom of the canopy.
f.
The free flow of pedestrian traffic on the sidewalk must remain unobstructed.
g.
Any applicant seeking approval to install or replace a canopy or canopy sign shall apply for a building permit from the Construction Official, setting forth the specific location, dimensions and structural aspects of the proposed awning. The Construction Official shall not issue any awning permit without receiving a prior approval from the Zoning Official, who is hereby authorized to review and, if appropriate, approve canopies after taking into account such factors as impact on the public right-of-way, emergency access and safety, customary activities, drainage and maintenance.
7.
Murals: Murals may meet the definition of a sign if there is lettering or images that represent the item or service for sale. Such murals therefore must apply for a zoning permit and are subject to the regulation regarding wall signs above, and to the size limitations for wall signs found in the individual district regulations of Section 400.
8.
A-Frame Signs and Other Portable Signs: A-frame signs standing on the ground are permitted on the property of the business. They are prohibited on the sidewalk or in the public right-of-way, and they must be on the property that the business is located. Such signs shall only be permitted during the time that the business is open, and must be stored during off hours.
9.
Window Signs: Interior window signs are permitted and shall not be considered in computing the allowable signs, provided no window sign shall exceed 25% of the total window area. Window signs shall be professionally designed, and no cardboard signs are permitted.
10.
Information and Direction Signs: Street number designations, household name plates, postal boxes, "private property," on-site traffic directional and parking signs, warning signs, and other like and similar signs are permitted in all zones but are not considered in calculating sign area. No such sign shall exceed six square feet in area, and such sign shall not require a zoning permit.
11.
Political Signs: Political signs temporarily giving notice of political campaigns shall be located on private property and shall be set back at least 10 feet from all side property lines and shall not exceed 32 square feet in area. Signs shall be permitted within 45 days prior to any public election and shall be removed within five days after the election. All such signs do not require a zoning permit.
12.
Real Estate Signs: All real estate signs shall be required to meet the following specifications:
a.
Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be located on private property and, if not attached to the building, shall be set back from all property lines at least five feet. Signs shall not exceed six square feet in area.
b.
All such signs shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing.
c.
In the event the property being offered for sale or lease is located on the ocean, bay, or harbor, one sign complying with the above regulations may be located on that portion of the building facing the street and one sign may be placed facing the ocean, bay, or harbor.
d.
In the event the property being offered for sale or lease is located on a corner, a sign may be placed on the lot or affixed to the building on each side abutting a street. Such signs shall meet the requirements above.
e.
Banners, flags, balloons, open house signs, and other advertising products announcing an open house associated with a property sale shall be permitted to be placed on the property only during the time of the open house, provided they do not block or protrude over any part of the sidewalk or driveway and further provided that a sales agent is present on the property during the open house. In addition, two off-premises directional signs are permitted per open house property, provided that the signs are placed at different intersections; no part of the sign blocks or protrudes over any sidewalk or driveway; such signs must be securely anchored to the ground; such signs are not permitted on vehicles, poles or structures; and such signs do not exceed 30 inches in height or otherwise violate sight triangle easements.
f.
Compliance with the real estate sign regulations herein shall be the responsibility of the real estate agency or agencies whose signs appear on the property and the owner of the property. The owner shall be solely responsible if the property is being offered for sale or rent without the services of a broker.
g.
All real estate signs do not require a zoning permit.
13.
Contractor Signs: During construction and development of a property, no more than one sign total identifying architects, builders, real estate brokers, lending institutions, and contractors is permitted, provided that such sign shall only be permitted while the structure is under construction, or while an alteration or addition is being constructed. No sign shall be displayed until municipal approval has been granted for the project, and any such sign shall be removed either when a certificate of occupancy is issued or upon the completion of the work, whichever occurs first. The maximum permitted size for such signs is 16 square feet for lots up to 12,000 square feet, and 32 square feet for lots greater than 12,000 square feet. In all cases, the location of the sign's outboard edge shall not be nearer than 1/2 the required setback from any property line, and shall not stand more than six feet from the ground. Temporary contractor signs do not require a zoning permit.
14.
Churches, Schools, and Civic/Charitable Organizations: Churches, schools, and civic/charitable organizations may utilize a sign or bulletin board, not in excess of 32 square feet, to announce services, events, schedules, and display other notices pertaining to the organization.
15.
Flag of the United States of America: The flag of the United States of America may be displayed in all zones and does not require a zoning permit, provided that all permanently installed poles used to display the flag shall require a construction permit.
16.
Temporary Signs: All signs permitted in the construction code currently adopted by the NJDCA, not in excess of 120 square feet, shall be permitted. All temporary signs shall be displayed for a period of not more than 30 days.
17.
Home Occupation Signs: Home occupations shall be permitted signage in accordance with the following provisions:
a.
There shall be no exterior evidence of the home occupation other than one unlighted nameplate sign identifying the home occupation.
b.
Such sign shall not exceed two square feet in sign area.
c.
Such sign may be building-mounted or freestanding. If freestanding, such sign shall not be higher than three feet in total height, including all elements of the supporting structure.
d.
Such sign shall be located not less than five feet from all property lines.
e.
If a corner property, shall not be located within a site triangle.
18.
Commercial Parking Lot Signs: All commercial parking lots within the City of Wildwood shall be required to have signs that meet the following specifications:
a.
The price for parking must be posted numerically on the sign, and said sign and price must be visible to prospective users of the parking lot from the street immediately adjacent to the entrance of the lot.
b.
The lettering on the sign shall be of a color that shall contrast with the background color of the sign and shall be adequately illuminated. The minimum size for each letter shall be eight inches.
c.
Signs shall be professionally constructed signs of good quality and workmanship. No hand-painted wood, cardboard, or plastic signs are permitted.
C.
Computations for Signs.
1.
Sign Area Calculation: For those signs with a defined background, the calculated sign area includes the defined background. For signs that have no defined background, such as letters affixed to or painted on a wall, the area shall be computed by measuring the outline of the letters or graphics. Sign area shall not include any supporting framework and bracing incidental to the display itself. The area of a sign with more than one face includes the sum of all the sign faces. For double-sided identical signs and V-shaped signs at a 15% or more acute angle, only one side is included in sign area.
2.
Window signs and interior signs recessed two feet or more from the front building wall shall not be calculated as sign area.
3.
Any type of sign that does not require a zoning permit shall be excluded from the sign area calculation for a property.
4.
Sign Height Measurement. Sign height is measured from grade to the highest point of the sign or sign structure, whichever is greater.
5.
For properties that have more than one side facing a street, signage on any side facing a street may be permitted in accordance with the district regulations for each zoning district, but may not be combined and placed facing one street.
6.
In no case shall more than one freestanding sign be permitted per property.
D.
Street Signs. Street signs shall be of the type, design and standard as specified by the City. The location of the street signs shall be determined by the City, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.
E.
Exceptions. The following signs are exempt from regulations and do not require a zoning permit:
1.
Directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name but shall not include any advertising message and shall not exceed three square feet.
2.
Decorative or informational flags, such as "open" or "welcome," with a limit of one flag per business. Flags and flagpoles shall not be in the right-of-way.
3.
Information signs and placards posted regarding hours of operation, credit cards accepted, and similar information. Such signs shall be permitted only where attached to the building, window, or door. No letter or number in excess of four inches vertical height shall be permitted. Such signs shall not be included in any principal sign computation.
4.
One changeable copy sign, such as a menu board or cabinet, shall be permitted, located on the front wall adjacent to the business entrance. Such sign shall not be greater than four square feet. Such signs shall not be included in any principal sign computation.
5.
Temporary and permanent traffic signs and signals installed by the City, county, or state for the purpose of directing and regulating the flow of traffic.
6.
Signs installed by or at the direction of the municipality upon public streets, roads, sidewalks, and rights-of-way or other real property owned or controlled by the municipality.
7.
Signs indicating public transportation stops when installed by the City of public transportation utility.
8.
Historical tablets, cornerstones, memorial plaques, and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.
9.
Warning and "no trespassing" signs not exceeding three square feet in area.
10.
Flags or emblems of religious, educational, civic, or governmental organizations flown from supports of the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal or state government.
11.
Name and number plates identifying residents and affixed to a house, apartment, or mailbox.
12.
Lawn signs identifying residents, not exceeding 1 1/2 square feet in area on each side. Such signs shall not contain any advertising message and shall not be illuminated except by a light which is an integral part of a lamppost if used as a support.
13.
Signs posted by governmental agencies or pursuant to governmental statute, order, or regulation.
14.
Signs which are an integral part of vending machines, including gasoline pumps.
15.
Temporary signs or other advertising materials attached to a window shall be removed at the expiration of the event sale for which it was erected or posted.
16.
Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations shall be permitted for a period of 30 days prior to and during the event and shall be removed within five days after the event.
17.
Miscellaneous signs authorized by the Chief of Police or the Mayor.
F.
Substandard or Illegal Signs.
1.
Unsafe Signs: If any sign or supporting structure is deemed unsafe by the Zoning Official, Construction Official, or Code Official, the owner thereof or the person or firm responsible for the property, upon written or verbal notice, shall make the sign safe or remove the sign. If the sign is not removed in the time period indicated, the sign can be removed by the City at the expense of the property owner, and shall be cause for the issuance of a summons to appear in Municipal Court.
2.
Obsolete Sign Copy: Any individual, corporation or entity who owns or leases a sign shall remove said sign within 30 days after the party no longer conducts business on the premises.
3.
Illegal Signs:
a.
Any sign that is unlawfully installed (without zoning and/or construction approval or not in conformance with an approved permit) shall be removed by the owner immediately upon notification with reason by the Zoning Official, Construction Official, or Code Official. Failure to remove an illegal sign shall be cause for the issuance of a summons to appear in Municipal Court.
b.
A sign determined by the Zoning Official, Construction Official, or Code Official to be in need of repair or not maintained in proper condition shall be repaired or removed within 10 days after receipt of notice. If the sign is not removed in the time period indicated, the sign can be removed by the City at the expense of the property owner, and shall be cause for the issuance of a summons to appear in Municipal Court.
4.
Durable Materials: All exterior signs shall be made of durable material and fastened securely with nonrusting hardware. Corrugated plastic, plywood, cardboard, retail merchandise, and other similar materials are considered substandard, unacceptable outdoor sign materials and shall be removed. Poster materials are permitted for temporary signs only, within the time limitations specified in this section.
G.
Signage Schedule for Primary Signs.
[Amended 3-22-2023 by Ord. No. 1254-23]
Zoning District | Sign Type | Signage Regulations | |
|---|---|---|---|
Low Density Residential (R-1) Moderate Density Residential (R-2) Residential Multifamily (RM) Waterfront Residential (WR) Bayside Redevelopment Area (BSRA) | Information and Direction Signs | All residential properties and dwelling units are permitted information and directional signs as defined in this section. | |
Home Occupation Signs | Home occupations shall be permitted signage in accordance with the regulations in this section above or as determined during site plan review. | ||
Marine Commercial | Flat-Mounted Wall Signs | Exterior wall signs on nonresidential establishments shall be permitted a total of two signs, except that businesses on the waterway may have three signs, provided: | |
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the most heavily traveled right-of-way shall not exceed 25% of the face of the wall area. | ||
3. | The total sign area for a sign located on another wall shall not exceed (5%) of the face of the wall area. | ||
4. | Where multiple storefronts occupy a single building, each individual storefront may have one wall sign in accordance with these regulations. | ||
5. | Any combination of wall and free-standing signs on a property must not exceed 100 square feet. | ||
Free-Standing Signs | Free-standing pole and monument signs shall be permitted a total of one sign provided: | ||
1. | The sign area does not exceed 100 square feet. | ||
2. | The height for any sign such sign does not exceed 32 feet in height. | ||
3. | All such signs must be set back at least eight feet from all property lines. | ||
4. | A base area 50% of the size of any such sign must be appropriately landscaped. | ||
5. | Where more than one storefront occupies a site, a single freestanding sign advertising multiple businesses shall permitted in accordance with these regulations. | ||
Any combination of wall and free-standing signs on a property must not exceed 100 square feet. | |||
General Commercial (GC) Retail | Flat-Mounted Wall Signs | Exterior wall signs on nonresidential establishments shall be permitted a total of two signs provided: | |
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the most heavily traveled right-of-way shall not exceed 25% of the face of the wall area. | ||
3. | The total sign area for a sign located on another wall shall not exceed 5% of the face of the wall area. | ||
Where multiple uses occupy a single building, each individual use may have one wall sign with an area not exceeding 15% of the area of the individual facade. | |||
Free-Standing Signs | Free-standing pole and monument signs shall be permitted a total of one sign provided: | ||
1. | The sign area does not exceed 100 square feet. | ||
2. | The height for any such sign does not exceed 32 feet. | ||
3. | Pole mountings shall not be installed closer than one foot from any property line. | ||
4. | The outboard edge of such signs may extend over the property line up to four feet, provided the bottom edge of any such sign is a minimum of 10 feet from grade. | ||
5. | A base area 50% of the size of any such sign must be appropriately landscaped. | ||
6. | Where more than one storefront occupies a site, a single pole or monument sign advertising multiple businesses shall permitted in accordance with these regulations. | ||
Boardwalk Redevelopment Zone (BRZ) | Flat-Mounted Wall Signs or Perpendicular Projecting Wall-Mounted Signs | Exterior wall signs shall be permitted a total of two signs provided: | |
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the Boardwalk shall not exceed 25% of the face of the wall area. | ||
3. | Where a building is designed for rear or side entrance, one sign may be flat-mounted against said building at the subject entrance, with each such sign not to exceed an area equivalent to 1/2 of the area of the sign on the front of the building. | ||
4. | Signs may project and extend over the Boardwalk. In such case, the lowest portion of the sign shall not be less than nine feet from the Boardwalk level, and the sign shall not extend greater than four feet over the Boardwalk property line. | ||
Tourism (T) | Flat-Mounted Wall Signs | Exterior wall signs on nonresidential establishments shall be permitted a total of two signs provided: | |
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the most heavily traveled right-of-way shall not exceed 25% of the face of the wall area. | ||
3. | The total sign area for a sign located on another wall shall not exceed 5% of the face of the wall area. | ||
Where multiple storefronts occupy a single building, each individual storefront may have one wall sign in accordance with these regulations. | |||
Free-Standing Signs | Free-standing shall be permitted a total of one sign provided: | ||
1. | The sign area does not exceed 100 square feet. | ||
2. | The height for any sign such sign does not exceed 32 feet. | ||
3. | Sign supports shall not be installed closer than one foot from any property line. | ||
4. | The outboard edge of such signs may extend over the property line up to four feet, provided the bottom edge of any such sign is a minimum of 10 feet from grade. | ||
5. | A base area 50% of the size of any such sign must be appropriately landscaped. | ||
6. | Where more than one storefront occupies a site, a single pole or monument sign advertising multiple businesses shall permitted in accordance with these regulations. | ||
Piers | Piers, Generally | Aside from the sign regulations for individual businesses located on a pier listed below, each individual pier is permitted signs advertising and identifying the name of the pier, provided: | |
1. | The number of such signs does not exceed four. | ||
2. | The cumulative total area of the four signs shall not exceed 400 square feet. | ||
3. | All such signs shall not extend more than 40 feet in height above the deck of the subject pier. | ||
Wall-Mounted Signs on Individual Businesses | Exterior wall signs shall be permitted a total of two signs provided: | ||
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the Boardwalk shall not exceed 25% of the face of the wall area. | ||
3. | The total sign area for the other sign shall not exceed an area equivalent to 1/2 of the area of the sign on the front of the building. | ||
4. | Signs may project and extend over the Boardwalk. In such case, the lowest portion of the sign shall not be less than nine feet from the Boardwalk level, and the sign shall not extend greater than four feet over the Boardwalk property line. | ||
Conservation (C) Recreation (REC) | Flat-Mounted Wall Signs | Exterior wall signs on nonresidential establishments shall be permitted a total of two signs provided: | |
1. | No single exterior wall of any one establishment shall contain more than one of the two permitted signs. | ||
2. | The total sign area for the sign located on the principal building facade facing the most heavily traveled right-of-way shall not exceed 25% of the face of the wall area. | ||
3. | The total sign area for a sign located on another wall shall not exceed 5% of the face of the wall area. | ||
4. | Where uses occupy a single building, each individual use may have one wall sign in accordance with these regulations. | ||
5. | Any combination of wall and free- standing signs on a property must not exceed 75 square feet. | ||
Free-Standing Signs | Free-standing pole and monument signs shall be permitted a total of one sign provided: | ||
1. | The sign area does not exceed 20 square feet. | ||
2. | The height for any sign such sign does not exceed 10 feet in height. | ||
3. | All such signs must be set back at least eight feet from all property lines. | ||
4. | A base area 50% of the size of any such sign must be appropriately landscaped. | ||
5. | Where more than one use occupies a site, a single pole or monument sign advertising multiple uses shall be permitted in accordance with these regulations. | ||
6. | Any combination of wall and free-standing signs on a property must not exceed 75 square feet. | ||
§ 17-610 Natural Features.
[1-23-2019 by Ord. No. 1128-18]
A.
Upon initial publication, and as reiterated in subsequent Master Plan Update, development, use, protection and preservation of the City's natural resources, as well as rules related to energy conservation, were governed by the state's Coastal Zone Management Rules (under CAFRA), the State Development and Redevelopment Plan, the Cape May County Comprehensive Plan and the Cape May County District Solid Waste Management Plan. These regulations may be expected to continue to govern development in the City of Wildwood into the foreseeable future.
B.
This Land Development Ordinance references the Coastal Zone Management Rules found at N.J.A.C. 7:7-1 and 7:7E-1 et seq.[1] and provides linkage to the Coastal Zone and CAFRA legislation. The CAFRA legislation is the basis of Coastal Zone Management Rules found at N.J.A.C. 7:7 and 7:7E-1 et seq. This chapter finds that the Coastal Zone is unique and different from the rest of New Jersey outside of the CAFRA area and requires special treatment in long-term planning of social, economic and aesthetic interests of political jurisdictions within the Coastal Zone.
[1]
Editor's Note: The provisions of N.J.A.C. 7.7E et seq. were repealed 7-6-2015 by R.2015 d.108.
C.
Wildwood's policymakers recognize that, as a seaside resort, the City needs to balance its desire to promote development with its need to preserve the environmental resources which are inextricably tied to the health of the City's economy. This policy has been recognized and reflected throughout of the creation and updates of this Land Development Ordinance. The following are general policy statements meant to be taken into consideration during the planning and execution of all development projects and endeavors.
1.
Natural features such as trees, natural terrain, and open waters shall be preserved whenever possible in designing any development containing such features.
2.
Both freshwater and coastal wetlands (note: coastal wetlands are associated with areas of tidal inundation) are present within the City. Wildwood is bordered on the west by tidal marsh near the George Redding (Route 47) Bridge and near the Bayside Redevelopment Area (west of Mediterranean Avenue). The seasonal high-water table is found at or near the topographic surface.
a.
Three separate Wetlands Maps address the locations of the various wetlands in Wildwood. Specifically:
(1)
Mapping contained in the 2007 Comprehensive Master Plan Update.
(2)
Mapping found on the NJDEP website Geographic Information Systems (GIS) Base Data Layer for Wetlands, 1986, with NJDEP Interactive Map ("IMAP") Wetland data geocoded to 2002.
(3)
Mapping found on the NJDEP website, NJDEP Landscape Project GIS Mapping. [Note: the NJDEP Landscape Project is a proactive, ecosystem-level approach to the long-term protection of rare species and their important habitats within New Jersey. The GIS-mapping layers were created by intersecting endangered, threatened and rare species data with the NJDEP's 1995/1997 land use data. The resultant data layer identifies, delineates and ranks (based on the conservation status of species present) critical wetland habitat statewide. Each habitat is coded as to the number of special concern, state threatened, state endangered and federally listed species present. The Landscape Project is designed to be used for state and local planning, open space acquisition and land use regulation.]
3.
Wildwood beaches, which, due to the accretion of beach sand caused by the Cape May Inlet (aka Cold Spring Inlet) jetties, are almost 2,200 feet wide in certain locations. This chapter endorses the establishment of dunes on the back westward area of the beach and the creation of operable ordinances to define the areas affected and establish regulations to assure their continued existence. Additional requirements pertaining to beaches can be found in Section 700.
4.
Spacious bayfront and marine waters along Sunset Lake and Post Creek Basin constitute Wildwood's bayside frontage on the western side of the island. With the exception of small pockets of vacant or underutilized land, the City's bayfront is fully built-out, with little or no area for development or expansion.
5.
State CAFRA and waterfront development laws rigorously regulate the development of oceanfront and bayfront properties. Property ownership patterns and regional jurisdictional boundaries within the City of Wildwood reflect the high value state and regional efforts place on the conservation of natural resources within the City. Though not always welcome or popular, these situations exist and must be recognized. As stated, Wildwood is subject to the jurisdiction of NJDEP through CAFRA and the Coastal Zone Management Program, particularly along the City's waterfront. By their very nature, these regulations will influence the size, type, and environmental impacts of future development.
6.
The stripping of topsoil and the excavation of clay, sand, gravel, rock or other such material shall be permitted, and the material thus excavated may be sold under the following conditions and in conformance with the requirements of this chapter:
a.
As part of the construction of a building or the construction or alteration of a street.
b.
The surface of the lot shall not be graded to a level below that of adjoining properties.
c.
Stripped and excavated materials are not required for the final grade and landscaping of the property.
d.
Stripped and excavated materials are changed or renewed in compliance with the provisions of this chapter and/or any condition of subdivision or site plan approval.
e.
The stripping and excavation shall adhere to the minimum standards set forth by the county or state agencies having sole jurisdiction and where such standards exist. Any required permits for the stripping and excavation shall be borne by the developer at his/her sole cost and expense.
f.
Notwithstanding the provisions of this section, the City of Wildwood in its absolute and sole discretion, or by contract or agreement, may intervene and stop said work of stripping and excavation when such intervention is deemed to be in furtherance of the public good, health, safety and general welfare.
7.
The planting of street tree species native to the southern New Jersey barrier islands environment is required for all land development devoid of major trees and native vegetation, subject to the discretion of the Planning Board or Zoning Board of Adjustment, as the case may be.
a.
The caliper of any new trees shall be two inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the site bailed and burlapped or by other acceptable means, free from insects and disease and true to species and variety. All new trees shall be of a species deemed most resistant to pollution and aesthetically conducive to neighborhoods as approved by the Planning Board upon the review of the subdivision or site plan applications. The City Engineer shall be consulted on preferred species of trees. In all cases, trees shall be planted within the municipal right-of-way in a place which shall not interfere with utilities.
8.
Landscaping provided as part of any development plan should provide for a variety and mixture of planting species native to the southern New Jersey barrier islands environment. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, foliage and shall consist of indigenous specious that can tolerate the salinity of the ocean and are adapted for life in saturated soil conditions (Spartina, sea lavender, glasswort, sea myrtle and high tide bush). The site plan shall show the location, species, and size at planting and the quantity of each plant.
9.
All installations of in-ground or drip-hose irrigation systems proposed for the maintenance of newly planted material shall be certified to be leak-free and equipped with rain sensors to preclude watering during rainfall events. Automatic timing devices to shut off irrigation systems after one hour shall be used. Drip-hose irrigation systems are highly encouraged over any other irrigation systems due to their water conservation properties.
a.
Although water use is monitored by NJDEP in the coastal zone, it is unlikely that the NJDEP will regulate development in municipalities to control water use for landscaping purposes. An exception to this regulation is made apparent for developments subject to CAFRA regulation, whereby water supply, stormwater and water conservation measures, including utilizing native vegetation, are considered.
10.
Plant materials must be warranted for a minimum of six months for survival and subject to the maintenance bond provisions found in Section 900 of this chapter.
§ 17-611 Performance Standards for All Uses.
[1-23-2019 by Ord. No. 1128-18]
The following standards are applicable to all uses, throughout the life of those uses. All applications for development to the Planning Board or Board of Adjustment shall demonstrate compliance with and continued adherence to the following standards:
A.
Electrical and/or Electronic Devices: All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the construction code as currently adopted by the NJDCA by the State of New Jersey.
B.
Glare: No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C.
Heat: No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water.
D.
Noise: Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
E.
Odor: Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission or any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
F.
Storage and Waste Disposal: No flammable or explosive liquid, solids or gases shall be stored in bulk above the ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
1.
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces, or where they can contaminate an underground water aquifer or otherwise render such an undergroundwater aquifer undesirable as a source of water supply or recreation, or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards and stored outdoors. Such outdoor storage containers shall be surrounded by fencing in accordance with § 17-602 and adequately screened from adjacent properties.
G.
Recycling: All development plans and applications for building permit shall provide for sufficient area for the storage of recyclable materials as follows:
1.
Each application for residential development of 50 or more units of single-family or multifamily housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit or a unit within a two-family dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four-week accumulation of recyclable materials. Such an area may be within a hidden laundry room, basement or garage.
2.
Each application for a nonresidential use which utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each Planning or Zoning Board application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard and tin and bimetal cans. The applicant shall provide a storage area to contain a week's accumulation of recyclable material.
3.
The storage area for recyclable materials shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.
H.
Ventilation: No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.
I.
Vibration: There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.
J.
Toxic and Radioactive Substances: There shall be no toxic or radioactive substances associated with any use.
K.
Drainage: No stormwater or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system. Drainage is regulated by § 17-601 of this chapter.
L.
Smoke Control:
1.
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines.
2.
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute time period.
3.
These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color but with an equivalent apparent opacity.
M.
Control of Dust and Dirt, Fly Ash, Fumes, Vapors and Gases:
1.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
2.
No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point.
3.
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
§ 17-612 Waivers.
[1-23-2019 by Ord. No. 1128-18]
Where due to special conditions, a literal enforcement of the provisions of this Section 600 will result in unnecessary hardship or be detrimental to the stated goals and objectives of the City's development policy as expressed in this chapter, the Planning and/or Zoning Board may, by resolution, grant such waiver from or adjustment in accordance with this chapter.
§ 17-613 Severability.
[1-23-2019 by Ord. No. 1128-18]
If the provisions of any section, subsection, paragraph, subdivision, or clause of this Section 600 shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Section 600.