ARTICLE 1700  DESIGN STANDARDS AND IMPROVEMENT SPECIFICATIONS

 

 

25-1700.1    General Improvement Standards.

 

25-1700.1.1    Improvements to Comply with Standards.

       All improvements shall be installed in complete accordance with the standards of this Ordinance, with other particular specifications approved by the Planning Board and City Engineer and with all other applicable Municipal, County, State and Federal regulations.

       a.     Should improvements be required which are not provided for within the particular Sections of this Ordinance, they shall be designed and constructed in accordance with good engineering practice and recognized design standards.

       b.     The developer (or his engineer) shall submit detailed design calculations and construction specifications in each instance.

       c.     Prior to initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the City Engineer with regard to off-site improvements and the Planning Board Engineer with regard to on-site improvements.

(Ord. #94-16, Appx. A)

 

25-1700.1.2    Standards to Govern.

       The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this Ordinance, by the approved final plat, by particular agreement among the Planning Board, City Council and subdivider or by other applicable City, County, State or Federal regulations, shall govern the completion of the required improvements.  Such Standard Specifications and Standard Construction Details are made a part of this Ordinance by reference and will not be repeated herein.  It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the City Clerk, Administrative Officer and City Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation.  The requirements of this Ordinance, of an approved final plat or of particular agreements and conditions of approval and of applicable City, County, State or Federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details.  Should the City adopt, subsequent to the effective data of this Ordinance, particular and specific Standard Construction Details for the City, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.

 

25-1700.2    General Design Standards.

 

25-1700.2.1    Conformance Required.

       All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the City.

       a.     Where either or both an Official Map or Master Plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon.

       b.     The streets, drainage right-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plan plans and subdivision plats.

       c.     Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the City and the enhancement of the public welfare.

 

25-1700.2.2    Responsibilities of Developer and Planning Board.

       Within the criteria established by and subject to the review and approval of the Planning Board, all design of a site plan or subdivision is the responsibility of the developer and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design.

       a.     The standards set forth in this Ordinance shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein.

       b.     The responsibility of the Planning Board shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this Ordinance and the City Master Plan.

       c.     The Planning Board may employ professionals in various disciplines to advise and assist it in its determinations.

       d.     Any decisions of the Planning Board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Ordinance, shall be deemed conclusive.

 

25-1700.2.3    Design Data Required.

       To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic stdies and traffic projections, surveys, reports and similar design data.

       a.     Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the Planning Board and its employees and professional consultants, for the purpose of reviewing the proposed design.

       b.     Should the Planning Board determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary.

       c.     Until the applicant supplies such information, no submission under the provisions of this Ordinance shall be termed complete.

       d.     Nothing contained herein shall be interpreted to prevent the municipal agency from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.

 

25-1700.2.4    Design Standards In Addition to Minimum Requirements.

       When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the City Engineer prior to beginning his detailed design, for review and approval of his proposed design standards.

       a.     Standards utilized should generally be nationally recognized and in common use in this area.

       b.     Design standards may not be utilized if they do not have the approval of the City Engineer.

 

25-1700.2.5    Waiver of Standards.

       It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein.

       a.     The Planning Board may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit.

 

       b.     Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.

 

25-1700.3    Guidelines for General Improvements.

 

25-1700.3.1    Inspection by City Engineer.

       All public improvements referred to in this Section shall be applicable to all site plans and subdivision plats, and shall be subject to inspection and approval by the City Engineer who shall be notified in writing by the developer at least twenty-four (24) hours prior to the start of each phase of construction. No underground installation shall be covered until inspected and approved.  (Ord. #94-16, Appx. A)

 

25-1700.3.2    Approval by City Engineer or Director of Public Works Required.

       Before any developer, contractor or agent shall install any of the above required public improvements, said developer, contractor or agent must be approved and accepted by the City Engineer or for the Director of Public Works for competency and previous experience, and shall be required to supply such information as shall be necessary for the City Engineer or the Director of Public Works to make such determination.

       No construction work shall commence without the City Engineer and Planning Board Engineer being notified in advance of such proposed construction, and such notice shall be given by the subdivider as provided in Section 25-1600.6 of this Ordinance.  (Ord. #94-16, Appx. A)

 

25-1700.3.3    Performance Guarantees.

       Prior to the submission of the final plat to the Planning Board, the subdivider shall submit to the City Engineer for his approval an estimate of all improvements or uncompleted portions thereof in accordance with the requirements and specifications in this Section, together with an estimate of any damage to any existing accepted streets abutting the proposed subdivision, which may be caused by reason of work performed in said subdivision.

       a.     As a condition to the final approval of the final plat by the City Planning Board, the subdivider shall post a performance guarantee conditioned upon the completion of the required improvements and for repair of any damage caused by the subdivider to existing streets, for soil protection, and protection against removal of trees.

       b.     The performance guarantee shall consist of a performance bond in an amount equal to the total estimated cost of the aforesaid items plus twenty percent (20%) issued by a bonding or surety company authorized to issue such performance bonds in New Jersey and to be approved as to form by the Planning Board Attorney or by the deposit in escrow of cash or negotiable securities as approved by the City Planning Board or other collateral or surety agreements as may be approved.

       c.     Such performance guarantee shall run for a period to be fixed by the City, but in no case for a term of more than three (3) years.

        1.      However, with the consent of the subdivider and the surety, if there be one, the City may by resolution extend the term of such performance guarantee for such additional period as it shall deem reasonable under the circumstances.

        2.      The amount of the performance guarantee may be reduced by the resolution when portions of the required improvements have been installed and inspected as above set forth.

       d.     The subdivider shall also pay the City a fee amounting to five percent (5%) of said estimated cost, to cover the cost of supervision, payable prior to the signing of the plat by the appropriate City officials.

 

25-1700.3.4    Request for Semi-Final Inspection.

       For municipal acceptance of public improvements, when the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with City regulations, standards and specifications, and desire the City to accept the said improvements, he shall in writing, addressed to the City Planning Board with copies thereof to the Planning Board Engineer, request the Planning Board Engineer to make a semi-final inspection of the said improvements. Accompanying this request the developer shall submit an "as built" plan showing all subsurface utilities such as french drains, combination drains, sanitary sewage disposal systems, both public and individual water lines and control valves, gas lines, telephone conduits, monuments, property iron markers and any other utility or improvement installed but not shown on the original engineering detail plan.  Planning Board acceptance of on-site improvements shall be subject to inspection by the Planning Board and or City Engineer.  Said request shall be accompanied by an "as-built" plan as required by Section 25-1300.18.  (Ord. #94-16, Appx. A)

 

25-1700.3.5    Certificate of Occupancy.

       The issuance of a Certificate of Occupancy for any improvement within any subdivision or site plan shall be accompanied by a statement from the City Engineer that all public improvements have been installed and from the Planning Board Engineer that all on-site improvements have been installed.  (Ord. #94-16, Appx. A)

 

25-1700.3.6      Improvements-Design Requirements. 

       Improvements shall be designed and constructed in accordance with the requirements herein.

       a.     Should improvements be required which are not provided for within the particular sections of this Ordinance, they shall be designed and constructed in accordance with sound and accepted engineering practices and recognized design standards.

       b.     The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance.

       c.     Prior to the completion of such specialized design the particular standards to be utilized shall be submitted for review by the Planning Board Engineer and the City Engineer.

       d.     All parking areas, passageways and driveways shall be constructed with either bituminous concrete flexible pavement structure, or a Portland cement concrete rigid pavement structure: All durable dustless semi-pervious surface materials may be utilized under special conditions, as approved or recommended by the Planning Board Engineer in accordance with Section 25-1700.22.

       e.     The pavement structure design for each particular site utilizing either a flexible or rigid pavement type shall be the responsibility of the developer's engineer.

        1.      The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the site and shall follow current design recommendations of the Asphalt Institute, Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Planning Board Engineer.

        2.      As a minimum requirement rigid Portland cement paving shall conform to the existing City Ordinance #26-79* (codified in Section 17-2 of the Revised General Ordinances) and Section 25-1700.22 of this Ordinance.

        3.      Flexible bituminous concrete shall be constructed as specified in Section 25-1700.25.3b.

        4.      Flexible bituminous concrete for parking areas and drive aisles shall be minimum of two inches (2") FABC-1, Mix 15.

       f.     The design and construction or approval of all sanitary sewer systems (or extensions of existing systems), either publicly or privately owned shall be under the jurisdiction of the New Jersey Water Company - Shore District.  Prior to the approval of any site plans, the full approval of any public sewerage disposal system must have been obtained from the New Jersey Water Company - Shore District and where applicable, required State permits, filed with the Planning Board.

       g.     No topsoil shall be removed from the site or used as spoil. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas shall be covered by a four inch (4") minimum thickness necessary to support vegetative growth.

       h.     No tree of six inch (6") caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the Planning Board.

       i.      All planting, clearing, selective thinning, topsoiling, seeding and other landscape work shall conform with the applicable requirements of the standard specifications. 

(Ord. #94-16, Appx. A; Ord. #11-10, § 10)

 

25-1700.3.7  Reserved.

*Editor's Note: Former subsection 25-1700.3.7, Maintenance Guarantee, previously codified herein was repealed in its entirety by Ordinance No. 94-16.

 

25-1700.4    Architectural and Building Design Standards.

 

25-1700.4.1    Standards for Site Plan Approval.

            The following standards and guidelines contained herein shall apply to all applications for site plan approval containing proposed new buildings and structures of alterations or modifications to existing structures.

 

25-1700.4.2    Building Design Objectives.

       These building design objectives are intended to assist the Planning Board in the review of specific development proposals.

       a.     All buildings should be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; water courses; solar access, and energy conservation.

       b.     No building facades, including single and two (2) family residential structures on individual lots, shall be designed to look like any adjacent structure nor shall any such structure be the reverse image of an adjacent structure in terms of architectural style and exterior materials.

       c.     Buildings should be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.

       d.     Building setbacks should be varied to the extent practicable in order to provide an interesting interplay of buildings and open spaces.

       e.     Accessory buildings should be architecturally treated in the same manner as principal structures.

       f.     All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like, shall be screened from the public view, within and from the outside of the development, by a fence, wall, or mature landscape materials, consistent with the exterior design of building within the development.

       g.     Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections such as gutter, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, overhead doors, shall be painted or installed with an anodized or acrylic finish, in a color to match adjacent surfaces.

       h.     Buildings of a traditional design should have steeper roofs. Overhangs should be consistent in front and rear.

       i.      All openings in the wall of a structure such as windows and doors should relate to each other on each elevation, vertically and horizontally, in a clearly defined order; and should take into account orientation to the sun, in terms of architectural elements for sun-shading and consideration of the efficiencies of heat loss and gain through such openings.

       j.      Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment.  All exposed basement walls must be painted to relate properly to the side of the building.

       k.     Landscape elements shall relate to architectural design elements, and shall be considered a strong unifying component of the overall site design, reflecting the natural and man-made (architectural and aesthetic) qualities of the development.

 

25-1700.4.3    Residential Design Standards and Guidelines.

            These residential design standards and guidelines are intended to assist the Planning Board in the review of specific proposals.

       a.     Residential design should create the appearance of individuality of housing units, and avoid the appearance of a large undifferentiated project.

       b.     Dwelling units should have adequate interior living space, using low maintenance, high quality and aesthetically attractive materials.

       c.     Easy access to outdoor space and parking from all residential units should be provided.

       d.     The design should provide safe, well-lighted residential environment free of through traffic and congestion.

       e.     Senior citizen housing should be located near community facilities, public transportation and neighborhood retail services.

       f.     Each development in excess of five (5) dwelling units shall contain at least three (3) substantially different, yet architecturally compatible, principal building design.

(Ord. #94-16, Appx. A)

 

25-1700.4.4    Multi-Family Development Design Guidelines.

            The following design guidelines should be adhered to for multi-family developments:

       a.     Site design should create identifiable clusters of dwellings which relate visually and functionally to the open space network.

       b.     Site design should minimize noise intrusion into the dwelling cluster and protect the visual privacy of dwelling units.

       c.     Private and common open spaces should be clearly delineated. Recreation facilities should be designed and cited for the convenience of the users. Where a variety of age groups are expected to inhabit the development, recreation facilities should be designed to accommodate the full range of inhabitants.

       d.     Pedestrian circulation routes should accommodate the predictable traffic patterns and form the shortest route between the dwellings and the facilities likely to be used. It should parallel access roads and adjacent streets and, where feasible, link the developments to off site facilities that residents are likely to travel to.

 

25-1700.4.5    Design Guidelines for Dwelling Units for Physically Handicapped.

       Dwelling units in a multi-family development, designed for the possible use by physically handicapped persons shall meet or exceed N.J. Uniform Construction Code minimum property standards and the additional requirements contained herein.

       a.     Each such dwelling unit shall be accessible from the nearest parking spaces by means of a walk uninterrupted by steps or abrupt changes in grade and shall have a width of not less than five feet (5') and a gradient of not more than one foot (1') in twelve feet (12') or an approved ramp. The parking spaces for the dwelling unit shall be reserved for the use of its occupants and be not less than twelve feet (12') wide and shall not be so situated as to require the handicapped to pass behind parked cars to reach the entrance way.

       b.     The Planning Board shall approve common buildings and facilities only if adequate provisions have been made for use by the physically handicapped and shall be guided in such judgement by the specifications for making buildings and facilities accessible to, and used by, the physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations, promulgated by the Department of Community Affairs.

 

25-1700.4.6    Commercial and Office Design Standards.

       The commercial and office design standards contained below are intended to assist the Planning Board in the review of specific proposals.

       a.     Exterior materials may include brick, stone, anodized aluminum and baked enamel metal panels, precast concrete and similar materials, with appropriate texture and trim to prevent large undifferential facade of the same material. All historical buildings shall utilize exterior materials compatible with and of a type which will enhance the historical character of the structure.

       b.     All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.

       c.     All major entrances to buildings shall be properly identified with architectural elements such as recessed entrance ways, projected overhangs, and porticos.

       d.     Flat roof canopies on metal pipe columns shall not be used on commercial buildings.

       e.     Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.

       f.     Buildings and structures used for functional purposes, such as warehouses, indoor sports facilities and manufacturing facilities, shall include appropriate landscaping adjacent to boundary facades in the public view.

       g.     The Planning Board shall approve common buildings and facilities only if adequate provisions have been made for use by the physically handicapped and shall be guided in such judgement by the specifications for making buildings and facilities accessible to, and used by, the physically handicapped as set forth in N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations, promulgated by the Department of Community Affairs.

 

25-1700.5    Buffer Areas and Screening.

       a.     A buffer is an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent properties.  Buffering shall provide a year round visual screen.

        Buffering shall be provided when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, light, and traffic.

               Where buffers are required, the buffer shall be at least four feet (4') wide and shall comply with the following standards:

        1.      Shrubs and trees required as buffer elements shall be comprised of a variety of species approved by the Shade Tree Commission and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc.

        2.      Reserved.

        3.      Reserved.

        4.      A berm may be used as part of the landscaped buffer screen in which case the landscaping requirements may be reduced in minimum height and quantity, provided a suitable and attractive visual screen is maintained. The berm shall not be less than three feet (3') horizontally. The design shall be reviewed by the Planning Board Engineer and the Environmental Commission and/or Shade Tree Commission.

(Ord. #94-16, Appx. A)

 

25-1700.5.1    Reserved.*

 

25-1700.5.2    Reserved.*

 

25-1700.5.3    Screening.

       a.     Walls and fences meeting Ordinance requirements may be erected where required for privacy, screening, separation, security or to serve other necessary functions.

       Design and materials shall be functional and shall compliment the character, size, and type of the building.  No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

       When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators, or similar device for cooling, heating or generating purposes, outside or on top of a structure, they shall be screened from public view.

       b.     This screening shall consist of densely planted evergreen shrubs which shall grow not less than five feet (5') after one (1) growing season; or

        1.      A solid and uniform fence of sufficient height to properly screen said equipment;

        2.      A masonry wall of sufficient height to properly screen said equipment;

       c.     Extensions of parapet walls or mansard rooflines or structural or ornamental screens or baffles.

       d.     Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

       The above requirements shall not be constructed to prevent an opening in any required screening for maintenance purposes.  However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view. (Ord. 94-16, Appx. A)

 

25-1700.5.4      Elevated Buildings.

       a.     Building on Pilings, Columns or Piers. Elevated buildings shall provide screening (except where vehicular access is provided, and except where the columns or piers are suitably finished) so that the construction-grade pilings, columns, piers and cross-bracing are not visible from the street, alley and adjoining properties, in a manner permitted by the Federal Emergency Management Agency Flood Hazard Regulations and the Ocean City Flood Damage Prevention Ordinance. The screening shall be permanent (except in a "V" zone where break-a-way walls are required), and may be constructed of wood panels, vinyl, dimensional lattice, masonry or other suitable material compatible with the finish and architectural style of the building.

       b.     Buildings Elevated by Means of Solid Foundation Perimeter Walls. Solid foundation perimeter walls shall be finished in a manner that does not detract from the appearance of the neighborhood. Unfinished concrete block and cinder block is not acceptable. Split-face and decorative block, stucco, wood, vinyl and fiber cement siding, brick (and veneers), stone (and veneers), or other suitable material compatible with the finish and architectural style of the building are acceptable foundation wall treatments.

(Ord. #02-36 §12; Ord. #14-23 §2)

 

25-1700.6     Bulkheading.

 

25-1700.6.1    When Required.

       All development on tidal lagoons, navigable waterways, or other bodies of water, either existing or proposed, shall provide for bulkheading. In no case shall bank slopes, bulkhead, rip-rap, revetments, or other elements of bank stabilization be located within required minimum yard areas. (Ord. #14-09 §3)

 

25-1700.6.2    Construction Standards.

       Bulkheads shall be constructed in accordance with Chapter XXI, “Flood Damage Prevention” and Chapter XXII (Construction of Bulkheads) of these Revised General Ordinances. (Ord. #14-09 §3)

 

25-1700.6.3    Waiver or Modification of Requirements.

       The Planning Board may consider waiver and/or modification of this requirement when necessary to preserve wetlands or other natural features, provided that minimum lot sizes may be maintained and that all development may be reasonably secure from erosion. (Ord. #14-09 §3)

 

25-1700.7    Bulk Storage.

 

25-1700.7.1    Requirements.

       In Zoning Districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:

       a.     No bulk storage of material or equipment shall be permitted in any required front yard area.

       b.     No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.

       c.     All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of Section 25-1700.5 of this Ordinance and a six foot (6') chain link fence or equivalent shall be provided.

 

25-1700.7.2    Setback Requirements for Fencing.

       No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side, or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Section 25-1700.30 of this Ordinance.

 

25-1700.7.3    Surfacing Requirements.

       All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the Planning Board, which shall be of sufficient strength to handle the anticipated use.

 

25-1700.7.4    Height Requirements.

       In no instance shall on-site bulk storage of material exceed the height standards in the Zoning Ordinance for the zone in which it is located.

 

25-1700.7.5    Parking of Heavy Equipment.

       No heavy equipment shall be parked closer to the front property line than the required front setback as stipulated in Section 25300.12.4 of this Ordinance plus twenty feet (20'), except as same may be in transit to or from the site.

 

25-1700.8    Clearing and Grading.

 

25-1700.8.1    Standards.

       All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all storm water runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the New Jersey Department of Transportation Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor within the prior approval of the Planning Board Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Planning Board Engineer. All trees to be saved must have a snow fence erected at the drip line of the tree.

 

25-1700.8.2    Materials.

       Materials which the Planning Board Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the Planning Board Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.

 

25-1700.8.3    Land Surveyor Required.

       All construction layout and grading stakes shall be set by a licensed professional land surveyor employed by the developer or his contractor.

 

25-1700.8.4    Work To Be Completed Prior to Construction of Roadways or Pavements.

       All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements.

 

26-1700.8.5    Slopes - Standards.

       To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one foot (1') vertical rise for every three feet (3') of horizontal distance.

 

25-1700.8.6    Plantings for Slopes.

       Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Planning Board or the Cape Atlantic Soil Conservation Service, where applicable.

 

25-1700.8.7         Terraces, Retaining Walls.

       In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Planning Board may, upon the application of the developer, consider or may upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes.

          a.     In any event, the entire roadway right-of-way shall be fully graded and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way and their maintenance shall be the responsibility of the owner of the property on which they are constructed.

       b.     The developer shall make suitable provisions in the instruments transferring to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Planning Board and the City Clerk.

       c.     All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.

       d.     Logs, railroad ties and other floatable materials shall not be used as or in the construction of retaining walls.

(Ord. #13-24, §9)

 

25-1700.8.8    Slope Restrictions.

       Top of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the six foot (6') wide shade tree and utility easement required herein.

 

25-1700.8.9        Lot Grading. (Approved as Part of a Site Plan or Subdivision Application)

       Lots shall be graded to secure proper drainage and to prevent the collection of storm water. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this Ordinance for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.

       a.     Wherever possible, the land shall be graded so that the storm water from each lot shall drain directly to the street or alley. If it is impossible to drain directly to the street or alley, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.

       b.     Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet (2') below finished grade.

       c.     The minimum slope for lawns shall be three-fourths of one percent (3/4%) and for smooth hard-finished surfaces, other than roadways, four-tenths of one percent (4/10%).

       d.     The maximum grade for lawns within five feet (5') of a building shall be ten percent (10%) and for lawns more than five feet (5') from a building, twenty-five percent (25%).

       e.     Retaining walls installed in slope control areas shall be constructed of reinforced concrete, other reinforced masonry or of other construction materials acceptable to the Planning Board Engineer and detailed on the final plat to carry all earth pressures, including any surcharges.  The height of retaining walls shall not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building on the subject property to the face of the retaining wall, not to exceed thirty inches (30") measured from grade on the adjacent property.  Should the City adopt, subsequently to this Ordinance, standard details for such construction, the same shall govern.

       f.     The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds, and division berms through the course of construction.

(Ord. #04-13, §10; Ord. #13-32, §1)

 

25-1700.9         Concrete Requirements.

 

25-1700.9.1      Standards.

       All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications. (Ord. #11-10, § 11)

 

25-1700.10       Curbs and Gutters.

 

25-1700.10.1    Required Curbing.

       Curbing shall be constructed on both sides of all streets shown on all major subdivisions and shall be required on minor subdivisions in accordance with the standards prescribed for the requirements of sidewalks in the case of minor subdivisions. (Ord. #11-10, § 12)

 

25-1700.10.2    Repair to Existing Curbs and Pavements.

       Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. (Ord. #11-10, § 12)

 

25-1700.10.3    Development Boundary Along Existing Street.

       Where one (1) side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on a development side. (Ord. #11-10, § 12)

 

25-1700.10.4    Types of Curb To Be Constructed.

       Curb shall be constructed in accordance with subsection 17-2.4 of the City Code. (Ord. #11-10, § 12)

 

25-1700.10.5    Delivery Openings.

       The curb at all delivery openings shall be constructed in accordance with subsection 17-2.4 of the City Code. (Ord. #11-10, § 12)

 

25-1700.10.6    Top Corners of Curbs.

       Curb shall be constructed in accordance with subsection 17-2.4 of the City Code.  (Ord. #11-10, § 12)

 

25-1700.10.7    Curb Openings.

       Curb openings shall be constructed in accordance with subsection 17-2.4.e. (Ord. #11-10, § 12)

 

25-1700.10.8    Curb and Gutter.

       Use of curbing with separately poured gutter will be allowed in all areas and required in those areas having less than five-tenths of one percent (.5%) profile slope with the following exceptions:

       a.     Where fifty percent (50%) or more of the curb length of a street would be required to have two (2) pour curb and gutter, the entire street shall be constructed with two (2) pour curb and gutter.

       b.     Where fifty percent (50%) or more of any subdivision is required to have a two (2) pour curb and gutter, the entire subdivision shall be constructed with two (2) pour curb and gutter.

(Ord. #94-16, Appx. A; Ord. #11-10, § 12)

 

25-1700.10.9    Timing of Curb Construction.

       In areas with bituminous concrete pavements, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having Portland cement concrete pavement, the curb shall be constructed after the construction and curing of the Portland cement concrete pavement. (Ord. #11-10, § 12)

 

25-1700.10.10  Alternate Curb Types.

       Alternate curb types may be necessary or desirable in certain instances. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). 1) If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plats. 2) Continuous slip-formed curb or combination curb and gutter may be permitted if such is considered to be acceptable by the City Engineer. 3) The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials, and methods proposed for use and if the City Engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. 4) In the event the City Engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of alternate as may be approved by the Planning Board. (Ord. #11-10, § 12)

 

25-1700.11  Driveways and Access Aisles.

 

25-1700.11.1    Location.

       All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets.

 

25-1700.11.2    Required Sight Distance.

       Whenever possible, any exit driveway or driveway lane shall be so designed with regard to profile, grading, and location to permit the following recommended sight distance measure in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.

 

Allowable Speed on

Required Sight

Municipal Street

Distance in Feet

25 m.p.h.

150

30 m.p.h.

200

35 m.p.h.

250

40 m.p.h.

300

(Ord. #94-16, Appx. A)

 

25-1700.11.3    Driveway Dimensions.

       The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared.

       a.     Driveway Dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:

One-Way Operation

Two-Way Operation

Curb Line

Opening

(in feet)

Driveway

Width

(in feet)

Curb Line

Opening

(in feet)

Driveway

Width

(in feet)

Commercial

and Industrial

24-50

 

 

18-34

 

 

24-50

 

 

24-46

Service

Station

15-36

 

 

 

24-36

 

 

20-36

 

        1.      Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions.

        2.      Driveways serving low traffic volumes shall be permitted to use low to minimum dimensions.

       b.     Number of Driveways. The number of driveways provided from a site directly to any one (1) municipal street shall be as follows:

 

Length of Site Frontage

Recommended No. of Driveways

100 feet or less

1

More than 100 feet to 800 feet

2

Over 800 feet

To be specified by the Planning Board upon receipt of advice of the Planning Board Engineer.

(Ord. #94-16, Appx. A)

 

25-1700.11.4    Driveways in Parking Areas.

       No driveway to or from a parking area shall be located closer than thirty-five feet (35') from the nearest right-of-way line of an intersection collector or arterial street. However, any major use such as shopping center or office complex, which in the opinion of the Planning Board will generate large traffic volumes, shall not be located closer than one hundred feet (100') from the nearest right-of-way line of an intersection of a collector or arterial street.

 

25-1700.11.5    Distance from Side Property Line.

       No part of any driveway may be located within one foot (1') of a side property line for single- and/or two-family dwellings and within four feet (4') of a side property line for all other uses, however, upon application to the Planning Board and approval of the design by the Board Engineer, the Planning Board may permit a driveway serving two (2) or more adjacent sites to be located on or within ten feet (10') of a side property line between the adjacent sites. (Ord. #11-10, § 13)

 

25-1700.11.6    Driveway Angle, One-Way Operation.

       Driveways used by vehicles in one-way direction of travel (right turn only) shall not form in angles smaller than forty-five degrees (45°) with the public street, unless acceleration and deceleration lanes are provided.

 

25-1700.11.7    Driveway Angle, Two-Way Operation.

            Driveways used for two-way operation will intersect the public street at any angle as near ninety degrees (90°) as site conditions will permit and in no case shall it be less than sixty degrees (60°).

 

25-1700.11.8    Requirements for Right and Left Turns.

       Driveways serving parking areas for twenty-five (25) or more cars and access drives for all parking areas from primary arterial and certain secondary arterial roads shall have curb return radii of not less than fifteen feet (15') for right turn movements and left turn access from one-way streets.

       Secondary arterial streets requiring fifteen feet (15') radii shall be:

                        Roosevelt Boulevard from 34th Street to Central Avenue;

                        Ninth Street from Palen Avenue to West Avenue.

       Concrete aprons shall be constructed where driveways traverse sidewalks and curb areas at all street intersections.  (Ord. #94-16, Appx. A)

 

25-1700.11.9    Permitted Use of Concrete Aprons Without Curb Returns.

       Parking areas for less than twenty-five (25) cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

 

25-1700.11.10  Access Drives for Single- and Two-Family Dwellings.

       Access drives for single- and two- (2-) family dwellings shall have a minimum width of nine feet (9' ) and utilize concrete aprons without curb returns regardless of size or location.

       a.     Alley Lots. Driveway access shall be from the alley for all lots adjoining an alley. Such drives shall have a maximum width of thirty feet (30').

       b.     Non-Alley Lots. For lots having no rear yard access, such as lagoon lots, beach front lots and other lots not accessible from an alley, maximum driveway width shall be twenty-four feet (24'). 

       c.     All such drives shall conform to the setback and impervious coverage requirements of this Ordinance, and be paved as provided by Section 25-1700.9 of this Ordinance.

 

(Ord. #09-28, §11; Ord. #11-21, §10; Ord. #2016-26 §4)

 

 

25-1700.11.11  Maximum Curb Depression for Single- and Two-Family Dwellings. 

       Maximum curb depression width for single- and two- (2-) family dwellings shall be the driveway width plus four feet (4')  but not more than twenty-five feet (25').

       a.     For all other uses the maximum curb depression shall be the driveway width plus ten feet (10'), but not more than thirty-five feet (35').

       b.     All concrete should be constructed as provided by the appropriate section of this Ordinance.

(Ord. #11-10, § 14; Ord. #11-21, §10)

 

25-1700.11.12  Parking Area Driveways Connecting to Public Streets.

       Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, acceleration and/or deceleration lane may be required in accordance with (Policy of Geometric Design of Rural Highways 1965) American Association of State Highway Officials.

 

25-1700.11.13  Certain Driveways Permitted by Engineer.

       The number of driveways, in such locations and of such widths, as shall be certified by the engineering official having jurisdiction over road design to be necessary and proper in order to achieve compatibility with the road design in view of the site conditions, shall be permitted and shall be deemed to constitute compliance herewith.

 

25-1700.11.14  Certifying Official.

       If the road to which the driveways connect is a City street, the certifying official shall be the City Engineer. If a County road, the certifying official shall be the County Engineer or his designee.  If a State road, the certifying official shall be such official of the New Jersey Department of Transportation division, bureau or other unit in charge of road design for that road.  (Ord. #94-16, Appx. A)

 

25-1700.11.15  Parking Area Aisles.

       Aisles from which cars directly enter or leave parking spaces shall conform with the standards in Section 25-300.12 of this Ordinance.

 

25-1700.12       Driveway Aprons.

       a.     On non-alley lots driveway aprons shall be required between the street curb to the rear edge of the sidewalk. They shall be in accordance with Section 17-2. Where sidewalks are not required, a five inch (5") thick bituminous concrete apron ten feet (10') wide between the curb and the right-of-way line which shall be two inches (2") thick of bituminous concrete type FABC and built over a quarry blend stone base six inches (6") thick, or six inches (6") of Bank Run Gravel.

       b.     On alley lots, driveway aprons constructed to the standards cited in Section 25-1700.12.a shall be required between the edge of the alley pavement and the property line.

(Ord. #94-16, Appx. A; Ord. #11-10 § 15; Ord. #14-04 §12)

 

25-1700.13  Easements.

 

25-1700.13.1    Drainage Easements.

       a.     If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream, or swale, the Planning Board may require that a storm water and drainage easement or right-of-way along said facility be provided by the developer, conforming substantially with the lines of such facility.

       b.     If existing land drainage structures such as french drains are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the City Engineer for consideration by the Planning Board. The Planning Board, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirely, or recommend such other action to the governing body as it deems appropriate.

       c.     All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

       d.     The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the flood plain of any watercourse along both sides of the watercourse to a width of thirty-five feet (35') in each direction from the center line of the watercourse, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

       e.     Said easement and right-of-way shall include provisions assuring the following:

        1.      Preservation of the channel of the watercourse.

        2.      Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.

        3.      Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.

        4.      Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

 

25-1700.13.2    Conservation Easements

       a.     Conservation easements may be required along all drainage and storm water rights-of-way in the development and may be required along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and adjacent lands.

       b.     The land subjected to a conservation easement shall be a strip at least twenty-five feet (25') but not more than one hundred feet (100') in width independently located or running adjacent to each side of any required drainage or storm water right-of-way.

       c.     Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes; removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes.

       d.     The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material or any type within the limits of the easement.

       e.     The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.

 

25-1700.13.3    Sight Triangle Easements.

        a.       Sight triangles shall be provided at all intersections, including alleys. The Planning Board or the Board of Adjustment may, at its discretion, or at the recommendation of the City Planner, Zoning Board of Adjustment Engineer or Planning Board Engineer, require that easements be granted for said sight triangles.

        b.       No tree, shrub, sign or other structure exceeding a mature thirty inches (30") height shall be located within the sight triangle that would obstruct clear sight across the area.

        c.       Such sight triangle shall be drawn by measuring from a point in the middle of the travel lane of the stop-controlled street a distance 15 feet back from the extended curbline of the through street to a point 170 feet away in the middle of each approach lane for all 15 mile per hour (m.p.h.) roads, 225 feet for all 20 m.p.h. roads, 280 feet for all 25 mile per hour (m.p.h.) roads, 335 feet for all 30 m.p.h. roads, 390 feet for all 35 m.p.h. roads, and 445 feet for all 40 m.p.h. roads. This sight triangle may be reduced in zones where permitted yard setbacks allow building construction within the triangle described herein above.

        d.       Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Cape May, the sight triangle easements required by the State or the County of Cape May may be substituted in lieu of the requirements above.

(Ord. #94-16, Appx. A; Ord. #04-13, §10)

(Ord. #94-16, Appx. A)

 

25-1700.14       Fences and Hedges.

 

25-1700.14.1    Height Requirements.

       There is no height limit for hedges, except as provided in subsection 25-1700.14.1a. and h. Fence,  and walls hereafter erected, altered or reconstructed in any zone in the City shall not exceed four feet (4') in height above ground level, except that fences may be increased to a height of six feet (6') within the building lines or along the property line with the consent of the adjoining property owner(s) and also except as follows:

       a.     Height of Hedges, and Fences:

        1.      Front Yard - Solid fences and hedges shall not exceed three feet (3') in height. Open fences shall not exceed four feet (4') in height.

        2.      Side Yard - Fences located between the front setback line and rear setback line shall not exceed four feet (4') in height, except as permitted by subsection 25-1700.14.1.

        3.      Rear Yard (waterfront lots) – Solid fences and hedges shall not exceed three feet (3') in height. Open fences shall not exceed four feet (4') in height.

        4.      Rear yard fences on non-waterfront lots shall not exceed four feet (4') in height, except as permitted by subsection 25-1700.14.1.

       b.     In any business zone, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

       c.     On park, recreation or school properties, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

       d.     Fences in the Historic District are subject to the provisions of Section 25-1800.5 of this Ordinance.

       e.     Fences specifically required by other provisions of this Ordinance and other municipal and State regulations. Notwithstanding fences required by other municipal or State regulations, fences located in the rear yard of oceanfront lots are required to be open fences not greater than four feet (4') in height.

       f.     Hedges, walls and fences located adjacent to a street shall conform to the requirements of subsection 25-1700.13.3 of this Ordinance.

       g.     Walls may be constructed of brick or stone or other maintenance-free material, subject to review and approval by the approving authority. Unfaced concrete block shall not be permitted.

       h.     Solid fences, hedges and walls hereafter erected, altered, or reconstructed in the front yard area of any zone shall not exceed thirty-six inches (36 ") in height.

       i.      Open fences located in the front yard area in any zone shall not exceed forty-eight inches (48") in height. Fences exceeding forty-eight inches (48") in height shall not extend forward of the front building line on any existing building.

       j.      Fences and walls shall not exceed six feet (6') in height when located in any side or rear yard, except as follows:

        1.      In any business or industrial zone, fences or walls not exceeding eight feet (8') in height may be erected in the rear or side yard areas behind the front building line.

        2.      On public park, recreation or school properties, open wire fences not exceeding eight feet (8') may be erected, except that fences enclosing outdoor tennis courts, baseball backstops, and other fences normally provided with recreation facilities may be open wire fences not exceeding twelve feet (12') in height.

        3.      Fences specifically required by other provisions of this Ordinance and other municipal and State regulations.

       k.     Retaining walls installed in slope control areas shall be constructed of reinforced concrete, other reinforced masonry or of other construction materials acceptable to the Planning Board Engineer and detailed on the final plat to carry all earth pressures, including any surcharges.  The height of retaining walls shall not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building on the subject property to the face of the retaining wall, not to exceed thirty inches (30") measured from grade on the adjacent property.  Should the City adopt, subsequently to this Ordinance, standard details for such construction, the same shall govern.

(Ord. #03-12, §8; Ord. #11-21, §11; Ord. #13-32, § 2; Ord. #14-04 §13; Ord. #17-23 §1)

 

25-1700.14.2    Fences To Be Within Property Lines.

       All fences, walls and hedges must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way. (Ord. #03-12, §8, Ord. #17-23 §1)

 

25-1700.14.3    Location of Fence Supports.

       All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.  The finished side of fences and walls shall face adjacent properties. (Ord. #03-12, §8)

 

25-1700.14.4    Compliance with City Building Code.

       All fences must also comply with the provisions of the City Building Code except where in conflict with the technical provisions of this Section. (Ord. #03-12, §8)

 

25-1700.14.5    Exemptions.

       Tennis and basketball court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this Section provided they are not located within any required yard area.  Located outside of any required yard area, they are subject to the height limitations of the particular zone district. (Ord. #03-12, §8)

 

25-1700.14.6    Paint Requirements.

       Fences which are painted or coated shall be painted in only one (1) color, harmonious with the surrounding area. Multi-colored fences are prohibited.  (Ord. #94-16, Appx. A; Ord. #03-12, §8)

 

25-1700.14.7    Drainage.

       Fences shall be erected in a manner so as to permit the flow of natural drainage, shall not cause surface water to be blocked or dammed to create ponding and shall comply with Ordinance 85-27 Flood Hazard Regulations Ordinance within flood hazard areas. (Ord. #03-12, §8)

Editor's Note:  Ordinance No. 85-27 pertaining to flood hazard regulations is codified in Chapter XXI of the Revised General Ordinances.

 

 

25-1700.15  Fire Hydrants.

 

25-1700.15.1    Requirements for Certificate of Occupancy.

       A Certificate of Occupancy shall not be issued for a new residential structure which is the subject of a major subdivision or site plan, located in an area serviced by New Jersey Water Company - Shore District Water Service unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant(s), as based on Insurance Service Office (ISO) requirements is met.

 

25-1700.15.2    Requirements for Final Subdivision Plat Approval.

       Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements of the Insurance Service Office (ISO) and verified by the Ocean City Fire Department.

 

25-1700.15.3    Placement in Cul-de-Sacs.

            Fire hydrants shall not be placed at the closed end of the turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than four hundred feet (400') in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.

 

25-1700.15.4    Installation Costs To Be Borne by Developer.

       The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this Ordinance but rather the proper installation of fire hydrants shall be a condition of the issuance of Certificate of Occupancy; however, all costs shall be borne by the developer.

 

25-1700.15.5    Paint Standards.

       All fire hydrants shall be painted in accordance with the standards of the National Fire Protection Association (NFPA) Standard 291.

 

25-1700.15.6    Paint on Hydrant Barrels.

       All fire hydrant barrels will be painted with chrome yellow paint.

 

25-1700.15.7    Hydrant Standards.

       All fire hydrants installed in the City shall have no less than two (2), two and one-half inches (2 1/2") hose connection outlets and one (1), four and one-half inches (4 1/2") pumper outlets. All threads are to be in accordance with the specifications of the Fire Department of the City of Ocean City.

 

25-1700.15.8    Settings for Hydrants.

       Hydrants shall be set plumb with nozzles eighteen (18") inches above the ground or, where they are to be placed in hose houses, eighteen inches (18") above the floor.

 

25-1700.16  Garages.

 

25-1700.16.1    Garages Within Building Lines of a Principal Building.

       A garage which is within the building line of a principal building shall contain not more than fifty (50) parking spaces. Such shall be lighted, equipped with fire extinguishers, shall have an adequate ceiling height and shall be equipped with heat and smoke detector and with natural and mechanical ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one (1) part in ten thousand (10,000) (0.01 percent) or the concentration of gasoline vapors in excess of twenty percent (20%) of the lower explosive limit. Private garages which are an integral part of an individual dwelling unit shall not contain more than two (2) parking spaces each, and each parking space shall contain a minimum of two hundred forty (240) square feet of floor area.

 

25-1700.16.2    Accessory Commercial or Industrial Building Garage.

       An accessory commercial or industrial building garage shall be fully enclosed and have a full roof covering all parking spaces.

       a.     Such garage shall contain at least four (4) parking spaces.

       b.     No portion of more than one (1) level shall be above ground.

       c.     All levels shall be lighted, properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.

 

25-1700.16.3    Requirements.

       No free standing commercial garage or parking structure building shall be placed nearer than the allowable setback distances of the zone district in which the structure is located to a side or rear property line. In no case shall a garage or accessory building be permitted between a street frontage and building.

       a.     Garages, whether attached or detached, shall be arranged to open to the side or rear of the lot except fully detached garages, located entirely to the rear of the principal building.

       b.     Attached garages shall have a joint capacity of not more than ten (10) vehicles arranged in a row, and there shall be a minimum distance of twenty feet (20') between such structures.

       c.     Garages and other accessory buildings shall be no more than one (1) story in height.

       d.     The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the main structures.

       e.     No part of any garage or other accessory building shall be used for living purposes.

 

25-1700.16.4    Security Provisions.

       All garages shall have adequate security provisions.

 

25-1700.16.5    Parking for Extended Periods.

       Only passenger vehicles, small vans, pick-up trucks, and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for extended periods.

 

25-1700.16.6    Garages and Parking Areas to be for Automobile Parking Only.

       Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.

 

25-1700.16.7    Below Grade, Structured Garages or Grouped Parking Facilities - Nonresidential Uses.

       Below grade, structured garages or grouped parking facilities for nonresidential uses shall be subject to the applicable regulations of this Ordinance including requirements for ventilation, lighting, and safety.

 

25-1700.17  Guardrails.

 

25-1700.17.1    Design and Placement.

       Guardrails, pipe railing, or other appropriate barricades, as required by the Planning Board shall be designed and placed at drainage structures, streams, embankment limits, curves, and other required locations.

 

25-1700.17.2    Standards.

       Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Specification details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.

 

25-1700.18       Reserved.

       Former Section 25-1700.18, Landscaping and Shade Trees, previously codified herein and containing portions of Ordinance No. 94-16 was deleted in its entirety by Ordinance No. 12-03. See Section 25-1700.38, Landscaping.

 

25-1700.18.1    Compliance with Landscaping Plan.

       All areas not devoted to structures, parking areas, or other required uses shall be appropriately graded, landscaped and maintained in accordance with the landscaping plan approved by the Planning Board, upon review and recommendations by the Shade Tree Commission when requested by the Planning Board.

       a.     All non-paved areas in residential, commercial, industrial, public and semi-public buildings in the area shall be suitably landscaped with lawn, trees, shrubs, and other landscape materials. Landscaping plans shall include provisions for watering of landscaped areas. Such methods shall be adequate and acceptable to the City Engineer.

       b.     In nonresidential zone districts, a minimum of fifteen percent (15%) of the lot or tract area, not including any parking areas or drives, shall be devoted to landscaped open space, which may include existing vegetation.

        1.      The exterior perimeter and yards of all buildings shall be properly landscaped and lighted.

        2.      The exterior perimeter of all buildings shall be suitably planted with shrubs, trees, and ground cover.

        3.      Reserved.

        4.      Existing healthy specimen trees may be included in satisfying these requirements.

       c.     Whenever possible, natural features will be preserved.

       d.     Landscaped areas not dedicated to the City shall be maintained by and at the expense of the owner(s) or an approved agent thereof.

       e.     The landscaping plan should observe the following design principles:

        1.      Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north for wind breaks.

        2.      Use landscaping to accent and complement buildings. For example, groups of tall trees to break up long low buildings and lower plantings for taller buildings.

        3.      Landscaping shall be provided for public areas, recreation sites, and adjacent to buildings.

        4.      Landscaping plans shall provide for a variety and mixture of plantings. The variety shall consider susceptibility to disease, colors, seasonal interest, textures, shapes, blossoms, and foliage.

        5.      Local soil conditions and water availability shall be considered in the choice of landscaping. Consideration shall be given in the choice and location of plant materials to screen or create views, to define boundaries between private and common open space, to attenuate noise, to articulate outdoor spaces and define circulation systems.

        6.      With the exception of lawns, planted areas adjacent to hard surfaces shall have wooden edges, raised borders, or similar structures to prevent soil washing over the adjoining paths.  All borders shall be anchored to prevent flotation at high tide.

       (Ord. #94-16, Appx. A)

 

25-1700.18.2    Landscaping Plan - Two or More Residential Lots.

       Tracts being developed for the construction of two (2) or more residential lots shall have a landscaping plan submitted to the Planning Board by the developer.

       a.     Trees shall meet planting requirements as specified in sections of this Ordinance relating to planting of trees.

       b.     The plan shall indicate the location of all existing shade trees of six inches (6") or greater caliper, measured three feet (3') above ground level and of all existing ornamental trees of three inch (3") or greater caliper, measured one foot (1') above ground level. Trees which are required to be removed shall be noted.

       c.     Street trees shall be provided in accordance with Section 25-1700.38.2 of this Ordinance.

       d.     Buffers are to be provided in accordance with Section 25-1700.5 of this Ordinance.

 

25-1700.18.3    Landscaping Plan - Major Subdivision on Site Plan Approval.

       Applicants for major subdivision or for site plan approval shall submit landscaping plans designed, prepared, and duly signed by a certified landscape architect, professional engineer or registered architect, acceptable to the Planning Board.

       a.     The landscaping plan shall specify the location of planting material, their minimum sizes at time of planting, quantity, variety, and species (common names). The landscaping plan shall be forwarded for advice and comment to the Planning Board.

       b.     The landscaping plan shall show the location of all existing shade trees of six inches (6") caliper or greater, measured three feet (3') above ground level, and of all existing ornamental trees of three inches (3") caliper or greater, measured one foot (1') above ground level, and shall show all trees which are required to be removed.

        1.      One (1) pollution-resistant shade or ornamental tree, as hereinafter defined, shall be planted for every five (5) parking spaces. These shall be reasonably distributed in parking areas, and in landscaped areas combined with shrubbery. The base of each tree shall be left free of pavement for a diameter of not less than three feet (3').

        2.      Pollution-resistant shade trees shall be planted along all undedicated roads, drives, and parking areas. One (1) tree is required for each thirty feet (30') of curbing edge of pavement or designated area.

        3.      Pollution-resistant trees referred to above shall be selected in accordance with requirements set forth in Section 25-1700.38 of this Ordinance.

        4.      Areas in which parking is not permitted, pursuant to this Ordinance, shall be landscaped using trees, shrubs, grass or other plants of suitable size and variety in a plan compatible to the area.

        5.      Parking of motor vehicles on landscaped areas, on grass, or against trees and shrubbery, shall not be permitted in business, commercial, industrial, and professional areas.

       c.     Reserved.

       d.     Reserved.

       e.     Bases of trees and other landscaped areas shall include suitable ground cover so as to discourage the growth of weeds.

        1.      Suitable ground covers include Ivy, Creeping Myrtle, and Pachysandra.

        2.      Non-plant material such as shredded bark mulch, clear hardwood chips, and licorice root shall be placed at least four inches (4") thick.

       f.     Nonresidential use in residential zones shall have landscaping to the extent that the area in lawn or shrubbery shall equal a minimum of fifteen percent (15%) of the maximum building footprint of all nonresidential buildings and structures.

(Ord. #94-16, Appx. A)

 

25-1700.18.4    Parking Lots of Five or More Spaces.

       Parking lots of five (5) or more spaces shall be landscaped as follows:

       a.     Reserved.

       b.     At least one (1) shade or ornamental tree of two inches (2") caliper or greater, and two (2) shrubs shall be provided for each five (5) parking spaces. Plantings shall be at least three feet (3') in diameter at the base of each tree.

       c.     Ground cover shall consist of Ivy, Creeping Myrtle, Pachysandra, or other similar material acceptable to the Planning Board, at least four inches (4") high.

       d.     No parking lot shall contain more than fifteen (15) spaces in a row in a business, commercial or other zone, nor more than ten (10) spaces in a row in a residential zone, without interruption by a landscaped island at least four feet (4') wide.

 (Ord. #94-16, Appx. A)

 

25-1700.18.5    Shade and Ornamental Trees.

       Shade and ornamental trees, shrubbery, and other plants to be used for landscaping shall be supplied and installed according to the specifications contained herein. All planting, clearing, selective thinning, topsoiling, seeding, and other landscaping work shall conform to the applicable requirements of the standard specifications.

       a.     Shade trees shall be of a type and size and in locations approved by the Shade Tree Commission and shall be planted according to its specifications. All such trees must meet the minimum standards of the American Nurserymen's Association.

       b.     A list of approved and appropriate species of trees and ground covers may be obtained from the Shade Tree Commission.

       c.     As far as possible, each street block in a subdivision shall be confined to one (1) variety or varieties that exhibit similar crown shapes at maturity and have similar growth rates. It is desirable that the other neighboring street blocks differ in the variety used.

       d.     Trees shall not be less than two to two and one-half inch (2" to 2-1/2") caliper, measured twelve inches (12") above the butt and not less than twelve feet (12') high. They must be well branched, the branches to start not less than six feet (6') from the crown of the root system.

       e.     When authorized by the Shade Tree Commission, ornamental trees may be planted instead of shade trees. They may be of a smaller size than shade varieties.

        1.      These trees shall be not less than one and three-fourth inch (1-3/4") caliper, measured twelve inches (12") above the butt, nor less than eight feet (8') high.

        2.      They must be well branched, the branches to start not less than three feet (3') from the crown of the root system.

       f.     All trees must be planted in the location approved by the Shade Tree Commission.

        1.      Reserved.

        2.      Trees are to be no less than twenty-five feet (25') from intercepting curbs at street corners and not more than thirty feet (30') apart.

        3.      Excavations for plantings must be not less than eighteen inches (18") deep and not less than thirty inches (30") in diameter. A seepage area shall be provided by loosening the soil to a depth of one foot (1') below the excavation.

        4.      Planting soil shall be composed one (1) part peat, one (1) part humus and one (1) part of parent soil (all mixed thoroughly) to which shall be added and mixed in two (2) pounds of bone meal or its equivalent.

        5.      Each tree shall be given a minimum of five (5) gallons of water at the time of planting.

        6.      Staking and guying for trees subject to this Ordinance shall be White or Red Cedar, Oak, or Locust treated with an acceptable wood preservative and must be five feet (5') above ground and not less than two inches (2") in diameter.

        (a)      At least two (2) stakes must be driven securely into the ground, one (1) preferably on the northwest side of the tree trunk and at least one (1) opposite.

        (b)      Trees shall be guyed with wire padded with rubber hose or plastic straps.

       g.     Removal of all planting debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting practices.

       h.     The varieties or species of shrubbery and other plants selected for landscaping and screening shall be subject to the approval of the Shade Tree Commission. Evergreen plantings may be interspersed with or placed with appropriate deciduous plantings.

       i.      All plantings shall be provided with an automated irrigation system to ensure maximum survivability.

(Ord. #94-16, Appx. A)

 

25-1700.18.6    Topsoil Protection.

       Topsoil protection shall be enforced according to requirements of Chapter 25-1700.39 of this section. Where necessary, topsoil temporarily stored shall be stabilized in conformance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.

 

25-1700.18.7    Trees and Shrubs Not Shown for Removal-Restrictions.

       No material or temporary soil deposits shall be placed within six feet (6') of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree.

 

25-1700.18.8    Removal of Dead Vegetation and Undesirable Trees.

       Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth.

       a.     No tree of eight inch (8") caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the Planning Board in consultation with the Shade Tree Commission.

(Ord. #94-16, Appx. A)

 

25-1700.18.9    Cuts, Fills, Terraces and Roadway Slopes.

       Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the City Engineer and Planning Board. All roadway slopes steeper than one foot (1') vertically to three feet (3') horizontally shall be planted with suitable cover plants combined with grasses and/or sodding.

(Ord. #94-16, Appx. A)

 

25-1700.18.10  Removal of Planting Debris Required.

       Removal of all planting debris is required. The property must be left in neat and orderly condition in accordance with good and accepted planting practices.

       a.     All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law.

       b.     No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development.

       c.     All dead or dying trees, standing or fallen, shall be removed from the site.

       d.     If trees and limbs are reduced to chips, they may, subject to the approval of the City Engineer, be used as mulch in landscaped areas.

 

25-1700.18.11  Salvaging of Existing Plants.

       Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of Section 25-1700.8 provided that:

       a.     Each three (3) items of salvaged and/or relocated plant material shall be considered equivalent to two (2) items of new plant material, and;

       b.     All such salvaged and/or relocated plant material shall be of a type, size, and quality acceptable to the City Engineer, and;

       c.     All such salvaged and/or relocated plant material shall be dug, transported, and replanted at a season of the year and using equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the City Engineer, and;

       d.     The developer has received the approval of the City Engineer in consultation with the Shade Tree Commission of the items to be relocated and the schedule and methods of relocation prior to any work or salvaging and/or relocation taking place.

 

25-1700.18.12  Performance Bond Required.

       Applicants or developers of any tract of land or building site shall be required to post a performance bond to cover the cost of the landscaping.

       a.     The amount of the performance bond shall be set by the City Engineer with the advice of the Shade Tree Commission, and posted with the City Council.

       b.     It shall be posted before a Certificate of Occupancy is issued and shall be released only after expiration of a twelve month (12) period following certification by the City Engineer and Shade Tree Commission that the total landscaping plan has been completed.

       c.     A Certificate of Occupancy shall not be issued by the Code Enforcement Official until all requirements of this Ordinance have been met.

 

25-1700.18.13  Maintenance Requirements.

       Landscaped areas and sections, including trees, shrubbery, fences, and the grounds in and surrounding these sections, shall be properly maintained throughout the twelve (12) month period following certification, with recourse by the City to the performance bond in the event of default by the developer or owner. All plantings which fail to survive for a period of twelve (12) months following certification shall be replaced by the developer at no cost or expense to the City or the Shade Tree Commission. Such replacement shall be made within sixty (60) days following written demand for such replacement from the Shade Tree Commission, or within such extended periods as may be specified. If the developer refuses to do so, the City shall have recourse to the performance bond to remedy his default.

 

25-1700.18.14  Replacement of Trees.

       All trees, shrubbery, and other plants which fail to survive for a period of twelve (12) months following certification shall be replaced by the builder at no cost or expense to the City or the Shade Tree Commission. Said replacement shall be made within sixty (60) days following written demand for such replacement from the Shade Tree Commission, or within such extended periods as may be specified.

 

25-1700.18.15  Waiver of Provisions.

       The Planning Board, after favorable recommendation by the City Engineer and Environmental Commission, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.

 

25-1700.19  Lighting.

 

25-1700.19.1    Areas for Five or More Vehicles.

       All parking areas for five (5) or more motor vehicles shall be illuminated with approved exterior lighting standards, with a minimum of one-half (1/2) horizontal foot candles average lighting level at the surface of the lot.

       a.     The minimum lighting level at any location within the parking area shall be seventy-five percent (75%) of the average level.

       b.     Free standing lighting standards or poles shall not exceed by more than ten feet (10') the height of adjacent buildings served by the parking lot.

 

25-1700.19.2    Pedestrian Walkways and Sidewalks.

       All major pedestrian walkways and sidewalks which are not within a street right-of-way or abutting a private internal street serviced by street lighting and which are used by the public after sunset shall be illuminated with a minimum lighting level of one-half (1/2) horizontal foot candles average at the surface of the walk.

 

25-1700.20  Monuments and Iron Stakes.

       Monuments and property markers shall be of a size, shape and material required by N.J.S.A. 46:23-9.N and N.J.A.C. 13:40-5.1 and amendments and supplements thereto and shall be placed in accordance with said Statute and Code.

 

25-1700.21  Off-Street Loading - Construction Standards.

 

25-1700.21.1    Surfacing Standards.

       Off-street loading and unloading areas shall be surfaced with an adequately designed durable, all weather pavement of either bituminous concrete or Portland cement concrete clearly marked for loading spaces in accordance with pavement design standards in Section 25-1700.25.

 

25-1700.21.2    Access to Loading Areas.

       Access to truck standing, loading, and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with public convenience, and will permit orderly and safe movement of truck vehicles.

 

25-1700.21.3    Fire Zones.

       Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.

 

25-1700.22  Off-Street Parking - Construction Standards.

 

25-1700.22.1    Safety Islands and Raised Medians.

       Where parking, other than for single or two (2) family dwellings, is permitted between the front building line and the property line, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements (see Figures 5 and 6).

       a.     The width of the safety island shall be four feet (4') minimum. All required tree and shrub plantings shall be placed on the on-site portion of the safety island, except that where screening is required under this Ordinance, the screening requirements shall take precedence.

       b.     Safety islands shall be landscaped, topsoiled, and seeded, except that they may, as an alternative to seeding, be provided with a cover or mulch of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

       c.     Notwithstanding the use of maintenance-free materials, there shall be provided at least one (1) deciduous tree two inches (2") in diameter at breast height every forty feet (40') or part thereof, on all safety islands. A greater distance will be allowed for plantings, if necessary, for traffic safety. The area between trees shall be planted with a minimum of three (3) evergreen type shrubs. The portion of the safety island within twenty-five feet (25') of any access drive or street intersection shall be planted with evergreen shrubs less than thirty inches (30") in height.    Alternate or additional plantings may be permitted by the Planning Board in accordance with an approved site plan.

       d.     No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted within five feet (5') of the street right-of-way.

(Ord. #94-16, Appx. A)

 

25-1700.22.2    Standards.

       Parking areas, passageways, and driveways accessed from a street shall be surfaced with a properly designed, durable, all weather pavement of either bituminous concrete or Portland cement concrete and clearly marked for parking spaces. Parking areas accessed from an alley may utilize crushed stone, crushed shell, porous paving, paver blocks or other materials as may be found suitable by the City.

       a.     Parking areas for less than fifty (50) cars, which the Planning Board determines are not likely to be utilized by truck traffic or drive-up window service, may be paved with two inches (2") of pavement, Type FABC-1 over a six inch (6") gravel base, all in accordance with the specifications contained in Section 25-1700.25.

        1.      Rigid Portland cement concrete pavement may be utilized at the option of the applicant who shall submit pavement details for review.

       b.     In parking areas for fifty (50) or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in Section 25-1700.25 of this Ordinance.

       c.     No more than one (1) two-way access drives or two (2) one-way access drives shall be permitted on any street.

       d.     Where possible, access drives shall not be located closer than fifty feet (50') from the nearest right-of-way line of an intersecting street.

 

FIGURE 5: TWO WAY ACCESS DRIVE

 

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FIGURE 6: ONE WAY ACCESS DRIVE

 

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       e.     No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall.

(Ord. #14-04 §8)

 

25-1700.22.3    Sidewalks.

       Within parking areas containing five (5) or more parking spaces, between parking spaces and principal buildings, adjacent to drive aisles and driveways, and wherever pedestrian traffic will occur, sidewalks shall have a minimum width of six feet (6').

       a.     Sidewalks must be raised and curbed six inches (6") above the parking area except where crossing streets or driveways and wherever pedestrian traffic shall occur.

       b.     Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas.

       c.     All sidewalk construction shall be in accordance with Section 17-2 of the City Code.

       d.     Sidewalks located in the public right-of-way shall have a minimum width of six (6) six feet, except as may be modified by subsection 17-2.5b. or subsection 25-1700.28.3b. of the City Code.

       e.     All sidewalk construction shall be in accordance with Section 17-2 and Section 25-1700.28 of the City Code.

(Ord. #11-10, §16)

 

25-1700.22.4    Curbing.

       The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast in place concrete curbing or such alternate curb types as may be approved by the Planning Board at the time of site plan approval.

       a.     Concrete used should be in accordance with subsection 17-2.4 of the City Code.

       b.     Curbing should comply with requirements of subsection 17-2.4 of the City Code.

       c.     The Planning Board may waive the requirement for curb in parking areas open only to employees, service vehicles, or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.

(Ord. #11-10, § 17)

 

25-1700.22.5    Parking Spaces for Physically Handicapped.

       Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with State regulations as detailed in Figure 7. Parking spaces for the physically handicapped shall be a minimum of twelve feet (12') in width, and the number of spaces to be provided shall be determined by N.J.A.C. 5:23 et seq., N.J. Barrier Free Design Regulations.

 

26-1700.22.6    Design Standards for Parking Lots for More Than Fifty Vehicles.

       Parking lots which have a capacity for parking more than fifty (50) vehicles shall be designed in accordance with the minimum design standards contained herein.

       a.     All the minimum design standards for small parking areas.

       b.     All entrance drives shall extend a minimum distance of fifty feet (50') back from the street curb line or to an access aisle.

       c.     All exit drives shall extend a minimum distance of thirty feet (30') back from the street curb or to a major access aisle.

       d.     No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.

       e.     Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.

 

FIGURE 7: HANDICAPPED PARKING AND SIGN DETAIL

 

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       f.     Access drives shall not be located closer than fifty feet (50') from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which in the opinion of the muncipal agency will generate large traffic volumes, access drives shall not be located closer than one hundred feet (100') from the nearest right-of-way line of an intersecting street.

       g.     No driveway shall be located less than four feet (4') from the side property line.

       h.     Where the Planning Board determines that the total number of off-street parking spaces required by this Ordinance may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area be completed initially, subject to the following regulations:

        1.      The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this Ordinance.

        2.      The site plan shall provide for adequate drainage of both the partial and total parking areas.

        3.      The portion of the parking area not to be paved initially shall be landscaped in accordance with Section 25-1700.5 of this Ordinance.

        4.      The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article 1700 of this Ordinance which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

        5.      In lieu of a permanent Certificate of Occupancy, a temporary Certificate of Occupancy shall be issued for a period of two (2) years. Prior to the expiration of the two (2) year period, the applicant may either: 1) install the additional parking shown on the site plan and apply to the Construction Official for issuance of a permanent Certificate of Occupancy or; 2) apply to the municipal agency after the use has been in operation a minimum of eighteen (18) months for a determination as to whether or not the initial parking area provided is adequate.

        (a)      If the Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees may be released and a permanent Certificate of Occupancy issued.

        (b)      If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent Certificate of Occupancy.

        6.      Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking area, to use which requires more parking spaces than are provided on the site, shall require submission of a new site plan.

 

25-1700.22.7    Minimum Number of Parking Spaces.

       Minimum off-street parking spaces required will be in accordance with Section 25-300.12.5.

 

25-1700.23  Public Open Space and Common Open Space.

 

25-1700.23.1    Compliance with Requirements.

       Public open space or common open space shall be proposed to be provided in conjunction with applications for development for subdivisions or site plans in accordance with requirements contained herein.

 

25-1700.23.2    Natural Features to be Preserved.

       Natural features such as trees, water areas, marshes, and views shall be preserved whenever possible in designing any subdivision containing such features.

 

25-1700.23.3    Additional Requirements.

       If the Master Plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Planning Board may further require that such streets, ways, basins, or areas be shown on the plat in locations and sizes suitable to their intended uses.

       a      The Planning Board may reserve the location and extent of such streets, ways, basins, or areas shown on the plat for a period of one (1) year after the approval of the final plat or within such further time as may be agreed to by the developer.

       b.     Unless during such period or extension thereof the City shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations.

       c.     The provisions of this Section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development as required for final approval.

       d.     The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use.

        1.      In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxed apportioned to the land reserved and prorated for the period of reservation.

        2.      The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

       e.     Any land shown on the Master Plan as proposed for park, playground, school site, or other public use shall be designated and reserved for such use.

 

25-1700.23.4    Designations for Passive and/or Active Recreational Activities.

       Where it is considered appropriate by the Planning Board, portions of proposed open spaces may be designated for passive and/or active recreational activities.

       a.     Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.

       b.     Active recreation activities may include, but are not limited to, swimming pools, tennis courts, and ball fields.

       c.     The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the standards contained herein.

        1.      The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.

        2.      The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.

        3.      The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.

        4.      The Board shall request and consider recommendations from the appropriate City officials.

        5.      The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.

        6.      The Board shall consider the sequence of development.

        7.      The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.

 

25-1700.23.5    Certain Improvements May Be Required.

       Within open space areas, the Planning Board may require a developer to make certain site preparation improvements, which may include, but are not limited to those contained herein.

       a.     Removal of dead or diseased trees.

       b.     Thinning of trees or other growth to encourage more desirable growth.

       c.     Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.

       d.     Grading and seeding.

 

25-1700.23.6    Requirements.

       Open space areas shall be subject to these requirements:

       a.     Open space areas should not be less than thirty feet (30') in width at any location.

       b.     Where possible, certain land areas and features shall be preserved as open space.

        1.      Floodway and flood hazard areas.

        2.      Existing watercourses, and marshes.

        3.      Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

        4.      Dunes.

 

25-1700.23.7    Type of Ownership Dedicated for Open Space.

       The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the Planning Board.

       a.     These shall include:

        1.      The City of Ocean City (subject to acceptance of the City Council).

        2.      Other public jurisdictions or agencies (subject to their acceptance).

        3.      Quasi-public organizations (subject to their acceptance).

        4.      Homeowners or condominium associations or organizations.

        5.      Shared, undivided interest by all property owners in the development.

       b.     Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which insure that:

        1.      The open space area will not be further subdivided in the future.

        2.      The use of the open space areas will continue in perpetuity for the purpose specified.

        3.      Appropriate provisions are made for the maintenance of the open space areas.

       c.     No final approval of a subdivision or site plan containing open space created pursuant to this Section shall be granted until the developer has submitted, and the Planning Board has approved the Master Deed for such open space and the by-laws of the organization established pursuant to Section 25-1700.23.8, below.

 

25-1700.23.8    Acceptance of Dedicated Land.

       The City or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Planning Board shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.

       a.     The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the City or other governmental agency.

        1.      Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development;

        2.      And thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the City.

       b.     In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer (Zoning Officer) may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition.

        1.      Said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof, and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice.

        2.      At such hearing, the Administrative Officer (Zoning Officer) may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured.

        3.      If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the City, in order to preserve the open space and maintain the same for a period of one (1) year may enter upon and maintain such land.

        4.      Said entry and maintenance shall not vest in the public any rights to use the open space by the owners.

        Before the expiration of said year, the Administrative Officer (Zoning Officer) shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days' written notice to such organization and to the owners of the development to be held by the Administrative Officer (Zoning Officer) at which hearing such organization and the owners of the development shall show cause why such maintenance by the City shall not, at the election of the City continue for a succeeding year.

        If the Administrative Officer (Zoning Officer) shall determine that such organization is ready and able to maintain said open space in reasonable condition, the City shall cease to maintain said open space at the end of said year.

        If the Administrative Officer (Zoning Officer) shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the City may, in its discretion continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter.

        The decision of the Administrative Officer (Zoning Officer) in any such case shall constitute a final administrative decision subject to judicial review.

        5.      The cost of such maintenance by the City shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with intersect by the same officers and in the same manner as other taxes.

 

25-1700.24  Recreation Areas.

 

25-1700.24.1    Standards.

       Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of Section 25-1700.26 of this Ordinance.

       a.     Sufficient outdoor play and activity equipment shall be installed in accordance with standards of the National Parks and Recreation Association for the expected number of residents in the development.

        1.      It should be located in an area which will not be detrimental to adjacent properties or uses.

        2.      It should not produce objectionable features to emanate from such facility.

        3.      The provision and location of such equipment shall be subject to Planning Board approval, after review by the Department of Parks and Recreation.

 

25-1700.25  Roadway Construction.

 

25-1700.25.1    Standards.

       Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities including service connections (terminating at least two feet (2') behind sidewalks or at the front property line if no sidewalk exists or is required) to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.  (Ord. #94-16, Appx. A)

 

25-1700.25.2    Required Roadway Pavement Construction.

       All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a Portland cement concrete rigid pavement structure. Only one (1) type of pavement shall be utilized throughout any development.

 

25-1700.25.3    Pavement Structure Design.

       The pavement structure design for each particular development utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer.

       a.     The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the City Engineer.

        1.      As minimum requirements, rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation.

        2.      Shall be reinforced, constructed with Class B airentrained concrete and shall have a minimum thickness of six and one-half inches (6 1/2") for local, local collector, and minor collector streets and eight inches (8") for other classifications.

       b.     Flexible bituminous concrete paved roadways shall be constructed as follows:

        1.      Primary arterial highways under the juris-diction of the State of New Jersey, shall be designed in accordance with standards promulgated and approved by the N.J.D.O.T.

        2.      Secondary arterial highways and collector streets under the jurisdiction of the County of Cape May shall be designed in accordance with standards promulgated and approved by the Cape May County Engineer.

        3.      Secondary arterial highways and collector streets under the jurisdiction of the City of Ocean City shall be constructed as follows:

        (a)      Soil aggregate base:

          (1)      Six inches (6") of I-5 gravel, primed with MC-70 asphaltic oil; or

          (2)      Four inches (4") of recycled bituminous or Portland cement concrete or four inches (4") of quarry blend, or

        (b)      Flexible bituminous pavement:

          (1)      Three inches (3") of bituminous stabilized base course; and

          (2)      Two inches (2") of FABC I-5 wearing course.

        4.      Local street and alleys under the jurisdiction of the City of Ocean City shall be constructed as follows:

        (a)      Soil aggregate base:

          (1)      Six inches (6") of I-5 gravel, primed with MC-70 asphaltic oil; or

          (2)      Four inches (4") of recycled bituminous or Portland cement concrete or four inches (4") of quarry blend; or

          (3)      Four inches (4") of quarry blend stone; or

          (4)      Four inches (4") of mixed in place emulsified asphalt base.

        (b)      Flexible bituminous pavement:

          (1)      Two inches (2") of bituminous stabilized base course;

          (2)      Two inches (2") of FABC I-5 wearing course.

          Construction materials and methods shall be as specified by the latest edition of the N.J.D.O.T. Standard Specifications as supplemented by the County of Cape May and/or the City of Ocean City. 

(Ord. #94-16, Appx. A)

 

25-1700.25.4    Subgrade Standards.

       All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements.

       a.     Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted.

       b.     The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer.

       c.     In certain cases, special treatment may be required because of the character or nature of the subsoil.

        1.      Such special treatment may include lime or cement stabilization, wet excavation, or construction of under-drainage fields.

        2.      Any proposal by the developer to stabilize subgrade shall be subject to the approval of the City Engineer.

 

25-1700.25.5    Granular Subbase Courses.

       Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications.

       a.     Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses provided that the subgrade can be satisfactorily prepared as hereinbefore described.

       b.     Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B.

       c.     Portland cement concrete pavements must be constructed with a minimum of six inches (6") of a granular type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E.

       d.     Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches (4").

 

25-1700.25.6    Bituminous Base Course.

       Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications.

       a.     Except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches (4").

       b.     Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

 

25-1700.25.7    Bituminous Pavements.

       Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the Standard Specifications.

       a.     The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.

        1.      Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the City Engineer.

        2.      Any areas of the base course in need of repair shall be removed and replaced at the direction of the City Engineer.

        3.      If the City Engineer directs, a leveling course of FABC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement.

       b.     No pavement surfaces shall be placed unless permission to do so has been granted by the City Engineer.

 

25-1700.25.8    Concrete Pavements.

       Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications.

       a.     Expansion joints shall be New Jersey State Department of Transportation Type A Expansion Joints.

        1.      The developer may submit, at the time of the submission for the preliminary plat, an alternate expansion joint detail.

        2.      The use of such an alternate detail must be recommended by the City Engineer and approved by the Planning Board.

       b.     Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of Portland cement concrete.

        1.      The remaining pavement in the development may, if the subdivider elects, be bituminous concrete.

        2.      This will be an exception to the requirements that all pavement constructed within a development be of one (1) type.

 

25-1700.25.9    Alternate Pavement Types.

       In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat.

       a.     The use of alternate pavement types may only be permitted if the applicant submits for review and approval, details and specifications concerning the equipment, materials, and methods proposed for use, and if the City Engineer has inspected the installation of, and tested and approved a suitable sample section of such pavement.

       b.     In the event the City Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this Ordinance or such other alternate as may be approved by the Planning Board.

 

25-1700.26  Screening of Equipment or Machinery.

 

25-1700.26.1    Screening Requirements.

       When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators, or similar devices for cooling, heating, or generating purposes, outside or on top of any structure, they shall be screened from public view.

       a.     This screening shall consist of densely planted evergreen shrubs which shall grow to not less than five feet (5') after one (1) growing season along with a solid screening element.

        1.      A solid and uniform fence at least five feet (5') in height on four (4) sides of said equipment.

        2.      A masonry wall at least five feet (5') in height on four (4) sides of said equipment.

       b.     Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles.

       c.     Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

 

25-1700.26.2    Openings.

       The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

 

25-1700.27  Sewage Disposal

 

25-1700.27.1    Sewers Required.

       Sanitary sewers will be required by the Planning Board on advice by the City Engineer or other competent authority.

 

25-1700.27.2    Jurisdiction of New Jersey Water Company Shore District.

       The design and construction or approval of all public systems for extensions of existing system(s) either publicly or privately owned, shall be under the jurisdiction of the New Jersey Water Company - Shore District.

 

25-1700.27.3    Approval of System.

       Prior to the approval of any final plat, the full approval of any sanitary sewage disposal system must have been obtained from the New Jersey Water Company - Shore District and filed with the Planning Board, or the final approval will be conditioned upon full approval of the New Jersey Water Company - Shore District.

 

25-1700.27.4    Installation.

       Public sewage disposal system shall be installed in accordance with the rules and regulations of the N. J. Board of Public Utilities and in accordance with other requirements of law and subject to the approval of the New Jersey Water Company - Shore District.

 

25-1700.28  Sidewalks and Aprons.

 

25-1700.28.1    When Required.

       Sidewalk construction shall be required on both sides of all streets within a development and entirely around the perimeter of all cul-de-sacs. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

 

25-1700.28.2    Location.

       Sidewalks within street right-of-ways shall generally be located with the sidewalk edge farthest from the roadway placed one foot (1') from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

 

 

25-1700.28.3    Standards.

       Sidewalks shall be in accordance with Section 17-2 of the City Code.

       a.     Where sidewalks cross driveways and are subject to significant loading, the Planning Board may increase the thickness to eight inches (8").

       b.     Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that its width be increased (to a maximum of eight feet (8')).

(Ord. #09-28, § 5; Ord. #11-10, § 18)

 

25-1700.28.4    Sidewalk Construction and Curing Precautions.

       All sidewalk construction and curing precautions shall be in accordance with the applicable requirements of Section 17-2 of the City Code. (Ord. #11-10, § 19)

 

25-1700.28.5    Reinforced Concrete Aprons.

       Reinforced concrete aprons shall be constructed at all driveways between the concrete curb and the concrete sidewalk.

       a.     Such aprons shall be in accordance with Section 17-2 of the City Code.

       b.     The width of the apron at the curb line shall be not less than the width of the driveway plus ten feet (10') or a minimum of twenty feet (20'), whichever is greater.

       c.     At each driveway without curb return radii, the concrete curb or curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus ten feet (10'), but not less than twenty feet (20').

       d.     At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii.

       e.     All depressed curb shall be constructed in accordance with subsection 17-2.4 of the City Code.

(Ord. #11-10, § 20)

 

25-1700.28.6    Alternate Sidewalk or Apron Types.

       In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either the decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.

       a.     Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the City Engineer.

       b.     The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials, and methods proposed for use; and if the City Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk.

       c.     In the event the City Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this Ordinance or such other alternate as may be approved by the Planning Board.

 

25-1700.28.7    Curb Ramps.

       Curb ramps for the physically handicapped shall be constructed on all curb returns and where appropriate, in parking areas.  All curb ramps shall be constructed in accordance with subsection 17-2.6 of the City Code.  (Ord. #11-10, § 21)

 

25-1700.28.8    Intersection Grading Plan.

       The developer shall submit a detailed intersection grading plan for approval of the City Engineer prior to installation of the curbs, sidewalks and curb ramps at the intersection.

 

FIGURE 8: HANDICAPPED RAMP

 

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FIGURE 9

 

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25-1700.28.9    Design Standards for 34th Street Corridor.

       a.     Applicability.

        1.      The following streetscape standards shall be required as part of all new development applications located with the designated area described in paragraph 6 below.

        2.      The following streetscape standards shall be required as part of any development that is a "Change in Use" as defined in 25-107.

        3.      These standards shall not apply to exempt development as defined in subsection 25-1500.2.4.

        4.      These standards shall not apply to interior alterations which do not increase the required number of off-street parking spaces and do not increase the total square footage of mixed use and nonresidential uses.

        5.      These design specifications may also be implemented by property owners that do not propose any other new site improvements. In the case where no other improvements are proposed, a permit for the improvements shall be obtained from the Zoning Officer. The permitting process will be undertaken by the City to review the proposed improvements to ensure that the property owner obtains and installs the specified materials.

        6.      These standards shall apply to all lots adjoining 34th Street between the easterly side of Bay Avenue and extending to the westerly side of Central Avenue, and extending along all cross streets for mixed use and nonresidential lots as outlined on attached Design Standards Overlay Map for outbounds of designated area.

       b.     Decorative Paver Walks.

        1.      Width to be established based upon available area.

        2.      Located between decorative paver strip and building or lawn area. Use Village Square Series by EP Henry, sand set on four inch (4") concrete slab.

        3.      Field – 12x12 – Harvest Blend, Running Bond, perpendicular to traffic flow.

        4.      Border – 6x12 – Brown; Direction as indicated on detail as shown on detail sheets TDG-C1 and TDG-C1D, attached, provide pave edge restraint adjacent to landscape areas.

       c.     Decorative Paver Crosswalks, Alley Aprons and Drive Aprons.

        1.      Match paver walks specifications above.

        2.      Provide eight inch (8") reinforced concrete pad, and twelve inch (12") wide concrete grade beam edge (crosswalks only).

       d.     Decorative Paver Cobble Strip.

        1.      Located between curb and decorative paver walk.

        2.      Width to be established based upon available area.

        3.      Use Olde Town Cobble Series by EP Henry.

        4.      6x6 Dakota Blend, Stack Bond.

        5.      Sand set on four inch (4") concrete slab.

       e.     Bench.

        1.      Average one (1) bench per fifty (50) LF of frontage.

        2.      Use Model CR-96 by Victor Stanley.

        3.      Six foot (6') long, vertical steel slats, Color – RAL 3011.

       f.     Bike Rack.

        1.      One (1) bike rack shall be installed on each site, at the discretion of the Board.

        2.      Use Model D by Urban Accessories.

        3.      Color – RAL 3011.

        4.      Provide anchor detail per manufacturer with color matched bolt.

       g.     Litter Receptacle.

        1.      Average one (1) receptacle per fifty (50) LF of frontage.

        2.      Provide one (1) recycle receptacle w/ recycle logo per two (2) litter receptacles.

        3.      Use Model S-45 by Victor Stanley.

        4.      Color – RAL 3011.

       h.     Light Fixture.

        1.      Light poles and fixtures shall be installed per the 34th Street Streetscape Detail.

        2.      Use Model CY5501 by Cyclone Lighting.

        3.      150 watt, MH; Pole – PA42, 4", Alum. 16' ht.

        4.      Base – BD56; Arm – M-211; Color – RAL 3011.

       i.      Street Tree.

        1.      Average one (1) tree per fifty (50) LF of frontage.

        2.      Species: Cleveland Select Pear, Pyrus calleryana "Cleveland Select" or "Chanticleer".

        3.      Three and one-half feet (3 1/2') – four feet (4') caliper, B&B, branched at seven feet (7') above sidewalk.

        4.      Each street tree shall be planted in a bed of fourteen feet (14') in length and at least four feet (4') in width. These beds shall be planted with groundcover Royal Purple Liriope, Liriope muscarii, "Royal Purple"; four inch (4") pots, twelve inches (12") on-center.

        5.      Groundcover should have three inches (3") of shredded bark mulch or licorice root.

       j.      Bike Route.

        1.      Bike route connections that intersect with 34th Street shall be properly signed and painted where applicable and as approved by the County Engineer and Board Engineer.

(Ord. #06-05 §3)

 

25-1700.29  Signs.*

 

*Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 89-22, 03-08, 03-22, 06-06, 07-37, 08-08 and 09-11.

 

25-1700.29.1    Purpose. 

       The purpose of this section is to protect the safety and orderly development of the community through the regulation of signs and sign structures.  The intent of these regulations is to balance businesses’ need to optimize visibility with the cumulative safety and aesthetic impact of all signs in the community.  This Ordinance is consistent with 2009 Community Design Guidelines and the goals in the City of Ocean City Master Plan. (Ord. #09-13, §1)

 

25-1700.29.2    Definitions.

       When a specific definition is not provided, standard definitions shall be used.

       Animated or Moving Sign shall mean a sign employing actual motion or the illusion of motion. Can be electronically activated, environmentally activated, and mechanically activated.

       Architectural Projection shall mean any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein.

       Awning shall mean an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

       Awning Sign shall mean a sign attached to, affixed to, or painted on the surface of an awning.

       Banner Sign shall mean a sign made of fabric or other similar flexible material with no framework or electrical components. A pole banner sign generally is made of fabric, affixed to a lamppost, and celebrates an event, season, community, downtown district or organization.

       Bench Sign shall mean a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or right-of-way.  Memorial nameplates or dedication plaques are not included.

       Billboard Sign shall mean a commercial sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

       Canopy shall mean a multi-sided overhead structure or architectural projection supported by attachments to a building on one (1) or more sides and either cantilevered from such building or also supported by columns. 

       Canopy Sign shall mean a sign that is attached to a canopy.

       Changeable Signs

       Electronic Message Sign shall mean an electronically activated changeable sign whose variable message capability can be electronically programmed.

       Fixed-Message Electronic Signs shall mean signs whose basic informational content has been preprogrammed to include only certain types of information projection, such as time and temperature.

       Construction Sign shall mean a temporary sign placed on the premises where construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

       Directional and Informational Sign shall mean signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance, and business affiliations are considered as informational signs.

       Directory Sign shall mean a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.

       Façade, Principal shall mean the exterior wall of a building or structure that fronts on a public street.

       Façade Sign shall mean the sign on the principal façade of a building.

       Face, Sign shall mean the area or display surface used for the message.

       Freestanding Sign shall mean a sign supported by a structure affixed to the ground, and not supported by a building, including signs supported by one (1) or more columns, poles or braces placed in or on the ground.

       Ground Sign or Monument Sign shall mean a freestanding sign in which the entire bottom is in contact with or is close to the ground, supported by internal structural framework.

       Hanging Sign shall mean a freestanding sign supported by the extended arm of a single post.

       Illuminated Sign shall mean a sign characterized by the use of artificial light, either projecting through its surface (internally illuminated); or reflecting off its surface (externally illuminated.) 

       Inflatable Sign shall mean any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

       Informational Sign.  See Directional and Informational Sign.

       Marquee shall mean any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.

       Marquee Sign shall mean any sign part of a marquee and designated to have changeable copy, either manually or electronically.

       Memorial Sign shall mean a sign, tablet, or plaque memorializing a person, event, structure, or site.

       Monument Sign.  See Ground Sign.

       Neon Sign shall mean a sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electric voltage is discharged.

       Nonconforming Sign shall mean a sign lawfully erected and maintained prior to the adoption of the current ordinance that does not conform with the requirements of the current ordinance.

       Pole Sign shall mean a sign that is mounted on a freestanding pole.

       Portable Sign shall mean a sign that is moveable and not permanently attached to a structure or the ground, including A-frame signs.

       Projecting Sign shall mean a sign attached to, and projecting out from a building face or wall, generally at right angles to the building. 

       Roof Sign shall mean a sign mounted on, and supported by a roof, or signs that project above the highest point of the roofline, parapet or fascia of the building.  Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered roof signs.

       Shopping Center shall mean two (2) or more commercial establishments on one (1) property, managed as a unit, and providing retail goods and personal services. 

       Shopping Center Sign shall mean a freestanding sign that identifies all the businesses in the shopping center.

       Sign shall mean a name, identification, description, display or illustration which is affixed to, printed or represented directly or indirectly upon a building, structure or parcel of land, which directs attention to a person, institution, organization, activity, place, object, product or business.

       Sign Area shall mean the entire face of a sign, including the surface and any frame, trim or molding, but not including the supporting structure.  Where there is no frame or edge, the area shall be defined by an outlined around the sign elements.

       Special Event Sign shall mean any sign providing information regarding a public, nonprofit fundraising event.

       Suspended Sign shall mean a sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would otherwise exist without the sign.

       Wall Sign shall mean a sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the signs, and that does not project more than eighteen inches (18") from such building or structure.

       Window Sign shall mean a sign affixed to the surface of a window with its message intended to be visible to and readable from the public right-of-way or from adjacent property.

 

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(Ord. #09-13, § 1)

 

25-1700.29.3    General Provisions.

       a.     Unless otherwise stated herein, the installation of any permanent sign for a commercial, professional and/or institutional use shall require a zoning permit.  

       b.     No sign shall be installed which is not in accordance with standards established in this Chapter.  If a sign type is not specifically permitted, it is prohibited.

       c.     Each principal structure shall have affixed thereto appropriate numbers indicating its street address in a size and location so as to be readily visible from the street.

       d.     No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted 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, except where permitted in subsection 25-1700.29.7g.

       e.     No sign of any type shall be permitted to obstruct driving visions, traffic signals, traffic directional and identification signs, or vehicular or pedestrian traffic in a public right-of-way.  No sign shall exceed thirty inches (30") in height within the sight triangle, defined herein.

       f.     No sign or sign supports shall be located within any street, road, sidewalk or other public right-of-way, except where provided herein for awning, canopy and projecting signs.

       g.     No sign may project above the roof line of the building on which it is mounted, or above the maximum height of the building to which it is associated.

       h.     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.

       i.      Freestanding Signs. Freestanding signs, where permitted by district regulation, are limited to no more than one (1) per property, and shall be set back four feet (4') from the property line or public right-of-way.  The maximum height of all freestanding signs shall not exceed the roof line or highest portion thereof devoted to such use or activity, or fifteen feet (15') in height, whichever is less.  A single pole sign shall have an architectural finish so that an exposed metal pole shall not be permitted (painting does not satisfy this requirement).  Examples of treatment include wood molding. 

       All freestanding signs shall be surrounded by a landscaped area, the area of which equals fifty percent (50%) of the sign area.

       j.      Monument Signs. Monument signs shall not be placed closer to a public right-of-way, pedestrian walkway, or parking area than one-half (0.5) times the height of the sign height, and in no way shall violate sight triangle regulations. All monument signs shall be surrounded by a landscaped area, the area of which equals twenty-five percent (25%) of the sign area.

       k.     Wall Signs. Wall signs shall not exceed five percent (5%) of any wall.  Wall signs shall not extend above the height of the vertical wall or cornice to which they are attached.  The maximum height of a wall sign shall not exceed the height of the use or activity to which the sign represents.

       l.      Projecting Signs. Projecting signs, including framework or brackets, are permitted to encroach over the public right-of-way by a maximum of four feet (4').  The bottom of the sign shall be at least eight feet (8') from grade.  Projecting signs may extend above the commercial use or activity by three feet (3').

       m.    Awning Signs. Awning signs are limited to twenty-five percent (25%) of the awning, and letters and graphics are limited to eight inches (8") in height.  Awnings may project a maximum of four feet (4') into the right-of-way, but the total projection shall not be any greater than five feet (5') from the face of the building, except in the On-Boardwalk Zone where the projection of a retractable awning may be up to ten feet (10').  The bottom of the awning shall be at least eight feet (8') from grade, and no higher than twelve feet (12') above grade.  Awning supports are not permitted within the setback requirement, or in the public right-of-way. No signs, merchandise, banners or flags shall be attached to the bottom of an awning.

       n.     Canopy Signs. Canopy signs are limited to six (6) or eight (8) square feet (see district regulations).  Suspending canopy signs shall have an eight foot (8') clearance from grade.  The canopy sign may not project beyond the canopy. 

       o.     Portable or A-Frame Signs. Portable or A-frame signs are limited to six (6) square feet per side and shall be placed within the property or against the building, and shall not impede pedestrian flow.  They shall only be permitted during the time the business is open.  In the On-Boardwalk Zone, they are only permitted from October 15 to April 15 of consecutive years.

       p.     Window Signs. Window signs include any sign located within two feet (2') of a window.

       q.     For shopping centers, in addition to a main shopping center sign, each individual storefront may have a facade sign and window signage compliant with these regulations.

       r.      Signs shall not use red, yellow and green lights which in the judgment of the Chief of Police interfere with the operation of any traffic control signal.

       s.     Signs shall not, in the judgment of the Chief of Police, unreasonably tend to distract drivers or otherwise constitute a traffic hazard.

       t.      Signs shall not advertise matter of an indecent or obscene nature.

       u.     Signs shall not block or obscure the view of an adjacent sign.

       v.     Signs shall not attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

       w.    Signs shall not obstruct doors, fire escapes or stairways or keep light or air from windows used for living quarters including motel, hotel, boarding house and similar rooms.

       x.     Signs shall not be restricted by common ownership documents.

       y.     Institutional signs for schools, churches and other public or semi-public institutions shall conform to the following regulations: 

        1.      Signs for Quasi-Public Uses of a Religious Nature (refer to 25-207.2.18);

        2.      Educational Uses – (refer to 25-208.2.1);

        3.      Private and Quasi-Public Recreation Areas – (refer to 25-208.2.3).

       z.     Computations.

        1.      Sign Area Measurement. 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. The area for a sign with more than one (1) face includes the sum of all the area of signs visible from any one (1) point.  For double-sided identical signs, and V-shaped signs at a fifteen percent (15%) or more acute angle, only one (1) side is included in sign area. 

        Interior signs recessed two feet (2') or more from the front building wall shall not be calculated as sign area.

        2.      Sign Height Measurement. Sign height is measured at the highest point of the sign or sign structure, whichever is higher.

        3.      Computation of Total Permitted Sign Area. Includes all sign types except those listed as Exempt or as Signs Not Requiring a Permit herein.

        4.      For properties that have more than one (1) side facing a street, additional signage may be permitted in accordance with the standards for this section, for each major street upon which the parcel fronts, but may not be combined and placed facing one (1) street.  In no case shall more than one (1) freestanding sign be permitted per property.

       aa.   Illumination. All signs which obtain a zoning permit may be illuminated per the requirements of subsection 25-1400.3.11.  Signs that are exempt or do not require a permit as defined in subsections 25-1700.29.6 and 25-1700.29.7 below shall not be illuminated.  Clear glass neon and exposed tube neon lights are specifically prohibited.  All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. 

(Ord. #09-13, §1; Ord. #10-11, §1; Ord. #11-14 §1)

 

25-1700.29.4    Prohibited Signs.

       a.     Electronic message signs.

       b.     Animated, blinking, flashing, moving or revolving signs, except in the On-Boardwalk Zone provided they face only East, North or South and do not face residential zones or structures.

       c.     Roof signs.

       d.     Signs attached to trees or utility poles.

       e.     Inflatable signs.

       f.     Billboard signs.

       g.     Bench signs.

       h.     Any sign attached to or placed on a vehicle except for those vehicles actively used in the daily function of the business to which such signs relate.

       i.      Banners, except where permitted herein.

       j.      Pennants, except where permitted herein.

       k.     Internally lit vinyl awnings, except in the On-Boardwalk Zone.

       l.      Moving or revolving signs and signs using blinking, flashing, vibrating, pulsating, flickering, or tracer lighting, except in the On-Boardwalk Zone providing these signs only face east, north or south, and do not face residential zones or structures.

(Ord. #09-13, §1)

 

25-1700.29.5    Permits Required.

       All signs except those listed in subsection 25-1700.29.6, Exempt Signs or as subsection 25-1700.29.7, Signs Not Requiring a Permit herein, require a zoning permit prior to installation. Certain sign types also require a construction permit to ensure proper, safe and secure installation. Signs shall be constructed and installed in conformance with the New Jersey Uniform Construction Code.  (Ord. #09-13, §1)

 

25-1700.29.6    Exempt Signs.

       The following signs are exempt from regulations, and do not require a permit:

       a.     Nonilluminated 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 (3) square feet.

       b.     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.

       c.     Signs indicating public transportation stops when installed by the City or a public transportation utility.

       d.     Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.

       e.     Warning and no-trespassing signs, not exceeding three (3) square feet in area.

       f.     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.

       g.     Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding two hundred sixteen (216) square inches in area (one and one-half (1 1/2) square feet).

       h.     Lawn signs identifying residents, not exceeding one and one-half (1 1/2) square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamp post if used as a support.

       i.      Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

       j.      Signs which are an integral part of vending machines, including gasoline pumps and milk machines.

       k.     Reserved.

       l.      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.

       m.    Temporary signs for advertising public functions or fund raising events for charitable or religious organizations shall be permitted for a period of thirty (30) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than twenty-four (24) square feet in area, not exceeding eight feet (8') in height of roof line and may be erected flat against the building or freestanding, providing the sign is installed at the location of the event, otherwise, it may not be larger than twelve (12) square feet in area and not exceed eight feet (8') in height.

       n.     Official traffic, parking and street signs; trespassing signs and signs indicating private ownership of roadways or other private property; nonilluminated 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 (3) square feet.

       o.     Miscellaneous signs authorized by the Chief of Police.

       p.     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. 

       q.     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.

       r.      Name and number plates affixed to a house, apartment or mailbox, and lawn signs, with the purpose of identifying residents not exceeding two hundred sixteen (216) square inches in area (one and one-half (1 1/2) square feet). The signs shall not contain any advertising message and shall be nonilluminated except by a light that is an integral part of a lamp post if used as a support.

       s.     Signs that are an integral part of vending machines and gasoline pumps.

(Ord. #89-22, §7; Ord. #03-08, §4; Ord. #06-06, §3; Ord. #09-13, §2)

 

25-1700.29.7    Signs Not Requiring a Permit.

       a.     Decorative or informational flags such as "open" or "welcome," with a limit of one (1) flag per business.  Flags and flagpoles shall not be in the right-of-way.

       b.     Information posted regarding hours of operation, credit cards accepted.  Such information shall be permitted only where attached to the building, window or door.  No letter or number in excess of four inches (4") vertical height shall be permitted. 

       c.     Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by public or nonprofit agencies.

       d.     Signs identifying a resident’s name and/or street number, limited to one and one-half (1 1/2) square foot.

       e.     Neon open signs limited to two (2) square feet or less.

       f.     One (1) changeable copy sign, such as a menu board, shall be permitted for each twenty feet (20') of store frontage, located on the front wall adjacent to the store entrance, and not greater than four (4) square feet in sign area.

       g.     Temporary Signs.

        1.      For Sale or Rent (also codified in subsection 4-39.1 of the General Revised Code of Ocean City) – Each residential or commercial dwelling unit shall be permitted to have a single sign advertising the unit for sale, rent, or both. The sign shall be attached to the building or placed immediately next to, and within one foot (1'), of the building. The size of the sign shall not exceed three (3) square feet in area. The sign shall be parallel to the road or roads on which the property is located.

        (a)      In the event that more than one (1) real estate office is advertising the property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area.

        (b)      In the event the property being offered for sale or lease is located on the ocean, bay or lagoon, a sign complying with subsection 4-39.4a. and b. may be located on that portion of the building facing the street and the ocean, bay or lagoon.

        (c)      In the event the residential or commercial dwelling being offered for sale or lease is located on a corner, a sign may be affixed to each side of the building facing, or abutting a street. The size of any sign shall not exceed three (3) square feet in area. In the event there is more than one (1) real estate office advertising a property for sale or lease, the signs of the respective real estate offices shall be placed together attached in a vertical alignment, but in no event shall the total area of all of the signs of the individual real estate offices exceed three (3) square feet in area.

        (d)     For vacant land, there shall be one (1) sign announcing the property for sale or lease. The sign may be double sided. Each side of the sign shall not exceed three feet (3') in area and shall be placed as near as practical to the center of the lot.

        (e)      While the building is undergoing construction, the real estate sign shall be placed upon the temporary utility pole. The size of the sign shall comply with subsection g.1. (this subsection)  above. Once the building has been framed, and the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the signs shall be attached to the building as required in paragraph g,1. (this paragraph)  above.

        (f)      Following the sale of a property, all real estate signs announcing the property for sale, or announcing that the property has been sold, shall be removed within five (5) calendar days of the settlement.

        (g)      Banners, flags, balloons, open house signs, and other advertising products announcing an open house, associated with a property for 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 a sidewalk or driveway and further provided that a sales agent is present on the property during the open house.

        (h)      In addition, two (2) off premises directional signs are permitted per open house property, only if all of the following conditions are met:

          (1)      The two (2) permitted signs must be at different intersections

          (2)      The maximum size of the signs shall be three (3) square feet in area, with nothing attached (including, but not limited to, balloons, pennants and riders)

          (3)      No more than one (1) sign per corner, with no part of the sign to block or protrude over any part of a sidewalk or driveway

          (4)      Signs are permitted only during the time of the open house (defined as period during which a sales agent is present on the property for sale)

          (5)      Signs are permitted only if anchored to the ground.  No signs are permitted on vehicles, poles or structures.

          (6)      No signs are permitted on Gardens Parkway, 9th Street, 34th Street or 55th Street.

          (7)      Signs shall not exceed thirty inches (30") in height, in compliance with subsection 25-1700.13.3, Sight Triangle Easements.

        (i)       Compliance with real estate sign regulations contained herein shall be the responsibility of the real estate agency or agencies whose signs appear on the property, and/or the owner of the property. The owner shall be solely responsible if the property is being offered for sale or rent by the owner without the assistance of a broker. (Ord. #06-06 § 1)

        2.      During the construction of a building the general contractor shall place a sign on the temporary utility pole, containing the name, address and telephone number of the general contractor and the lot, block and street address of the project. Once the building has been framed, and the final texture or material (for example: vinyl siding, brick, stone, wood) applied, the sign shall be attached to the building as required in 25-700.28.7g.1. above. The sign shall not exceed three (3) square feet in area. The sign shall be removed within five (5) days of the issuance of the Certificate of Occupancy. In the event the building contains more than one (1) unit the sign shall be removed within five (5) days of the issuance of the final Certificate of Occupancy. Compliance with this section shall be the responsibility of the business, company, or institution advertised on the sign.  (Ord. #06-06 § 1)

        3.      Temporary candidate signs shall be permitted to be placed upon private property for a period of thirty (30) days prior to an election. The signs shall be removed within five (5) calendar days of the election. Temporary candidate and political signs in residential zones shall not exceed three (3) square feet in area, per side. Candidate and political signs may be double sided. Candidate and political signs in nonresidential zones shall not exceed twenty-four (24) square feet in area.

        4.      Signs with a maximum size of two (2) square feet, posted inside windows advertising help wanted. 

        5.      Yard Sale and/or Garage Sale Signs. Signs advertising yard sales and/or garage sales shall be permitted but must be removed within twenty-four (24) hours after the event. 

        6.      Each commercial use may have temporary signs or other advertising materials attached to a wall or window which shall not exceed one (1) square foot in area for each one lineal foot (1') of storefront shall be limited to not more than thirty (30) days in any quarter year. Banners may not exceed twenty-four (24) square feet.

        7.      Temporary signs for advertising public functions or fund raising events for charitable or religious organizations shall be permitted for a period of thirty (30) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than twenty-four (24) square feet in area, and may be erected flat against the building or freestanding, providing the sign is installed at the location of the event, otherwise, it may not be larger than twelve (12) square feet in area and not exceed eight feet (8') in height.

        8.      Event posters with a maximum of four (4) square feet, posted inside windows advertising public and nonprofit events only.

(Ord. #09-13, §3; Ord. #10-11, §2; Ord. #11-14 §2; Ord. #12-04 §3)

 

25-1700.29.8    Substandard or Illegal Signs.

       a.     Unsafe Signs. If any sign or supporting structure is deemed unsafe by the Construction Official, Zoning Officer, 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.

       b.     Obsolete Sign Copy. Any individual, corporation or entity who owns or leases a sign shall remove said sign within thirty (30) days after the party no longer conducts business on the premises. 

       c.     Illegal Signs. 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 Construction Official, Zoning Officer, or Code Official.  Failure to remove an illegal sign shall be cause for the issuance of a summons to appear in Municipal Court.

       d.     Signs in Need of Repair. All signs shall be kept in good repair, which shall include replacement or repair of the following:

        1.      Any element that is faded, ripped or broken or otherwise in a condition of neglect.

        2.      Burned out or broken lighting elements. 

        3.      Sign legibility.

        A sign determined by the Zoning Officer or Code Official to be of need in repair or not maintained in proper condition, shall be repaired or removed within ten (10) days after receipt of notice.  If the sign is not removed in the time period indicated, the sign can be removed by the Borough at the expense of the property owner, and shall be cause for the issuance of a summons to appear in Municipal Court.

       e.     Durable Materials. All exterior signs shall be made of durable material and fastened securely with non-rusting hardware.  Corrugated plastic, retail merchandise and other similar materials are considered substandard and unacceptable outdoor sign materials and shall be removed.  Poster materials are permitted for temporary signs only, with time limitations specified in these regulations.

(Ord. #09-13, §3)

 

25-1700.29.9    Design Guidelines.

       a.     Every sign shall be designed as an integral architectural element of the structure, building and site to which it principally relates.  It shall be in good scale and proportion in design and visual relationship to structures, building and other surroundings.

       b.     The colors, materials, and lighting of every sign shall be harmonious with the structure, building and site to which it relates.

       c.     Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

       d.     Freestanding signs shall be landscaped as defined herein.

       e.     All illuminated signs shall be properly shielded and located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.

(Ord. #09-13, §3)

 

25-1700.29.10    Nonconforming Signs.

       a.     Continuance.  The lawful use of any sign existing at the date of the adoption of this Ordinance* may be continued, although if such sign does not conform to the regulations specified herein, such nonconforming signs shall not be structurally altered, enlarged, extended or illuminated if not previously illuminated. 

       Any nonconforming sign that is not substantially destroyed or damaged by fire or other casualty loss may be restored or replaced, with prior written approval of the Zoning Officer, provided the sign shall not be changed in size or appearance.  Photographic documentation may be required. 

       The changing or maintenance of movable parts or components of a nonconforming sign that is designed for such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of such sign shall be permitted, upon prior written approval from the Zoning Officer. Photographic documentation may be required.

       b.     Abandonment. A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use or activity pursuant to Ordinance.

       c.     Reversion. No nonconforming sign shall, once changed into a conforming sign, be changed back again into a nonconforming sign.

(Ord. #09-13, §3)

 

*Editor's Note: Ordinance No. 09-13, codified herein was adopted September 10, 2009.

 

25-1700.29.11    Administration and Enforcement.

       a.     Enforcement of all sections of the within Chapter shall be commenced by the issuance of a violation notice with order to comply.  If no action is taken by the property owner, there shall be a filing of a complaint in the Municipal Court.

       b.     Any person found guilty of violation of this Chapter, or any section therein, shall be subject to a fine not to exceed the sum of two hundred ($200.00) dollars for a first offense.  For a second offense or subsequent offense, a fine of not less than two hundred ($200.00) dollars nor more than five hundred ($500.00) dollars, provided, however, that the Court shall waive or suspend any fines if the Court determines it is appropriate to do so.  An individual need not be charged as a subsequent offender in order to be fined as a subsequent offender. (Ord. #09-13, §3)

 

25-1700.29.12  District Regulations.

       a.     Signs in Residential Districts.

        1.      Residential name plates, lawn signs and temporary real estate, contractor, and political signs as specified in subsection 25-1700.29.7, above. Institutional signs as permitted in subsection 25-1700.29.3.y.

        2.      Freestanding sign for multi-family residential complex at a limit of one (1) square foot per ten feet (10') of frontage dedicated to such use, with a maximum of twenty four (24) square feet. 

        3.      Signs advertising permitted home professional businesses, no larger than two (2) square feet in area, provided that not more than one (1) such sign is erected for each property.

       b.     Signs in Central Business, Central Business-1, Marine Village Harbor and Drive-In Business Districts.

        1.      There shall be no more than three (3) signs per business.  Undersized lots are permitted no more than two (2) signs.  Sign types permitted in the CB, CB-1, MVH and DB Districts include:

        (a)      Awning signs, maximum area twenty-five percent (25%) of awning, maximum lettering size eight inches (8");

        (b)      Canopy signs, maximum eight (8) square feet;

        (c)      Façade signs, maximum fifteen percent (15%) of commercial activity façade;

        (d)     Projecting signs, maximum  six (6) square feet, total projection no more than four feet (4');

        (e)      Wall signs, maximum five percent (5%) of commercial activity wall;

        (f)      Window signs, maximum twenty-five percent (25%) of window.

        (g)      Freestanding signs, maximum eight (8) square feet per fifteen feet (15') of frontage, with a limit of thirty-two (32) square feet. 

        2.      In addition to the above, the following is permitted:

        (a)      One six (6) square foot portable sign against the building or within the property line; 

        (b)      One (1) changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20') of store frontage.

        (c)      Temporary signs as subsection 25-1700.29.7g. above.

       c.     Signs in Hospitality Zone.

        1.      There shall be no more than three (3) signs per business. Undersized lots are permitted no more than two (2) signs.  Sign types permitted in the Hospitality Zone include:

        (a)      Awning signs, maximum area twenty-five percent (25%) of awning; maximum lettering eight inches (8");

        (b)      Canopy signs, maximum eight (8) square feet;

        (c)      Facade signs, maximum fifteen percent (15%) of commercial activity facade;

        (d)     Projecting signs, maximum  six (6) square feet, projecting no more than four feet (4');

        (e)      Wall signs, maximum five percent (5%) of commercial activity wall;

        (f)      Window signs, maximum twenty-five percent (25%) of window.

        (g)      Freestanding signs, maximum eight (8) square feet per fifteen feet (15') of frontage, with a limit of forty-eight (48) square feet.

        2.      In addition to the above, the following is permitted:

        (a)      One (1) six (6) square foot portable sign against the building or within the property line; 

        (b)      One (1) changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20') of store frontage.

        (c)      Temporary signs as regulated in subsection 25-1700.29.7g. above.

       d.     Signs in On-Boardwalk District.

        1.      The total sign permitted sign area shall not exceed twenty-five percent (25%) of the front wall area of the building or portion thereof, devoted to such use or activity.  Front wall area is defined as the vertical face of the first floor façade, including walls, parapets, or roofs that are sloped no more than five percent (5%). 

        2.      Sign types included in the total permitted sign area include any combination of the following, with no limit on the number of signs:

        (a)      Awning signs, maximum area twenty-five percent (25%) of awning; maximum lettering eight inches (8");

        (b)      Canopy signs, maximum eight (8) square feet;

        (c)      Facade signs;

        (d)     Wall signs;

        (e)      Window signs, maximum twenty-five percent (25%) of window.

        3.      In addition to the above, the following is permitted:

        (a)      Freestanding signs not exceeding fifteen feet (15') in height where open amusement or recreation uses are the predominate use.  The area of the freestanding sign shall not exceed two (2) times the Boardwalk frontage, and the sign shall be set back a minimum of two feet (2') from the property line.

        (b)      One (1) six (6) square foot portable sign against the building or within the property line only permitted between October 15 and April 15 of consecutive years; 

        (c)      One (1) changeable copy sign such as a chalk menu board, limited to four (4) square feet for every twenty feet (20') of store frontage.

        (d)     Temporary signs as regulated in subsection 25-1700.29.7g. above.

       e.     Signs in Neighborhood Business District.

        1.      There shall be no more than two (2) signs per business.  Sign types permitted in the NB District include:

        (a)      Awning signs, maximum area twenty-five percent (25%) of awning; maximum lettering eight inches (8");

        (b)      Canopy signs, maximum six (6) square feet;

        (c)      Facade signs, maximum fifteen percent (15%) of commercial activity facade;

        (d)     Projecting signs, maximum six (6) square feet, total projection no more than four feet (4');

        (e)      Wall signs, maximum five percent (5%) of commercial activity wall;

        (f)      Window signs, maximum twenty-five percent (25%) of window.

        (g)      Freestanding signs, maximum eight (8) square feet per fifteen feet (15') of frontage or one thousand five hundred (1,500) square feet of lot area, with a limit of twenty-four (24) square feet.

        2.      In addition to the above, the following is permitted:

        (a)      One (1) six (6) square foot portable sign against the building or within the property line; 

        (b)      One (1) changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20') of store frontage.

        (c)      Temporary signs as regulated in subsection 25-1700.29.7 above.

       f.     Signs in 9th Street Gateway and 34th Street Gateway Zones.

        1.      There shall be no more than three (3) signs per business.  Undersized lots are permitted no more than two (2) signs. Sign types permitted in the 9th Street Gateway and 34th Street Gateway Districts include:

        (a)      Awning signs, maximum area twenty-five percent (25%) of awning; maximum lettering eight inches (8");

        (b)      Canopy signs, maximum six (6) square feet;

        (c)      Façade signs, maximum fifteen percent (15%) of commercial activity façade;

        (d)     Projecting signs, maximum  six (6) square feet, projecting no more than four feet (4');

        (e)      Wall signs, maximum five percent (5%) of commercial activity wall;

        (f)      Window signs, maximum twenty-five percent (25%) of window;

        (g)      Freestanding monument signs only, maximum eight (8) square feet per fifteen feet (15') of frontage, with a limit of sixty (60) square feet.

        2.      In addition to the above, the following is permitted:

        (a)      One (1) six (6) square foot portable sign against the building or within the property line; 

        (b)      One (1) changeable copy sign, such as a chalk menu board, limited to four (4) square feet for every twenty feet (20') of store frontage.

        (c)      Temporary signs as regulated in subsection 25-1700.29.7 above.

(Ord. #09-13, §3; Ord. #12-20, §3; Ord. #14-04 §14)

 

 

25-1700.30  Soil Erosion and Sedimentation Control.

 

25-1700.30.1    Regulations.

       All developments shall protect wetlands, marshes and waterways from sedimentation and shall control erosion in accordance with the "Standards for Soil Erosion and Sediment Control in New Jersey," set forth in the Soil Erosion and Sediment Control Law, N.J.S.A. 4-24 et seq.

 

25-1700.30.2    Erosion and Sediment Control Plan.

       All developments may be required to submit an erosion and sediment control plan and a sequence of installation or application of planned erosion and sediment control measures as related to the progress of the development, as part of the preliminary plat or site plan which shall be subject to approval by the City Engineer.

 

25-1700.30.3    Soil Erosion and Sediment Control Permit.

       A soil erosion and sediment control permit shall be required prior to the issuance of any building permit and as a condition of preliminary and final site plan or subdivision approval.

 

25-1700.31  Solid Waste and Recyclable Material Storage.

 

25-1700.31.1    Placement of Waste and Recyclable Material.

       Solid wastes from all uses other than single or two-family homes, if stored outdoors, shall be placed on a concrete pad in metal receptacles within a screened refuse area. (Ord. #04-13, §10)

 

25-1700.31.2    Prohibited Locations.

       The screened refuse area shall not be located within any front yard area. (Ord. #04-13, §10)

 

25-1700.31.3    Required Fencing.

       The refuse storage area shall be screened from public view and surrounded on three (3) sides by a solid uniform fence or wall not less than three feet (3') in height, or the height required to obscure from view the receptacles within. In no case shall the height of the fence exceed six feet (6'). Such fence, if approved as part of a site plan application, shall be exempt from the provisions of any ordinance of the City regulating the height of fences and requiring permits therefor. (Ord. #04-13, §10)

 

25-1700.31.4    Opening Requirements.

       The opening in the enclosed refuse area should be provided with a solid gate the same height as the enclosure fence. (Ord. #04-13, §10)

 

25-1700.31.5    Location - Parking Areas and Access Drives.

       If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing. (Ord. #04-13, §10)

 

25-1700.31.6    Additional Location Prohibitions.

       The enclosed refuse area shall not be located so as to interfere with traffic circulation, the parking of vehicles, the maneuverability and parking of vehicles making delivery or pickup. Nor shall any enclosed refuse area be part of, restrict or occupy any required parking aisle or parking stall. (Ord. #04-13, §10)

 

25-1700.31.7    Containers Required.

       All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements. (Ord. #04-13, §10)

 

25-1700.31.8    Indoor Storage.

       If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The municipal agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations are proposed. (Ord. #04-13, §10)

 

25-1700.32  Storm Drainage Facilities.

 

25-1700.32.1    Installation Requirements.

       Storm drains, culverts, catch basins, and other drainage structures shall be installed in each subdivision in accordance with the map submitted to the Planning Board.

       a.     All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications.

       b.     The developer (or his engineer) shall submit complete calculations, specifications, plans, and details for all proposed storm drainage facilities.

       c.     Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.

 

25-1700.32.2    Standards.

       All storm drainage pipes shall be either slip joint type reinforced concrete, ductile iron pipe, or subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications.

       a.     All pipe shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe, ductile iron pipe shall be class 50 or better shall be allowed.

       b.     All pipe shall comply with the requirements of the current New Jersey Department of Transportation Standard Specifications, Standard Construction and Details governing construction.

       c.     Generally, concrete pipe or ductile iron pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.

        1.      No concrete pipe may be laid on grades exceeding eight percent (8%).

        2.      Concrete pipe below thirty inches (30") (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications.

        3.      Concrete storm drain pipes thirty inches (30") or larger in diameter will be jointed using a preformed bituminous pressure type joint sealer or rubber-ring-type or other equivalent approved joint which will exclude infiltration.

       d.     All ductile iron pipe shall be cement lined meeting the requirements of the New Jersey Department of Transportation Standard Specifications.

       e.     All steel pipe shall be fully bituminous coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service.

        1.      Where conditions permit, corrugated aluminum storm drains may be substituted for steel storm drains where the same is otherwise permitted on the basis of an equivalent three (3) edge bearing or crushed strength.

        2.      Substitution on an equivalent gauge basis will not be allowed.

        3.      No aluminum pipe shall be laid in areas subject to marsh gasses.

       f.     All storm drains shall be tangent between inlets, manholes, or other structures, except that the use of fittings or factory curved pipe may be allowed by the City Engineer when necessary to accommodate existing geoaletry or utilities.

       g.     Prior to laying any storm drains, the bottom of all trenches shall be inspected by the City Engineer.

        1.      Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions.

        2.      These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions.

        3.      Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

(Ord. #94-16, Appx. A)

 

25-1700.32.3    Inlets and Manholes.

       Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

       a.     All street inlets shall be New Jersey Department of Transportation Standard Type B. Casting heights on any streets shall be two inches (2") greater than the specified curb face and the gutter shall be properly transitioned approximately ten feet (10') on either side of the inlet.

       b.     All yard inlets shall be Standard Type A or E.

       c.     Combination drains shall be installed where the character and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.

        1.      These combination drains shall be constructed as follows: The bottom one third (1/3) of the pipe shall be caulked with jute or equivalent material and the pipe shall be laid in a stone bed for a depth equal to one-half (1/2) the diameter of the pipe.

        2.      The trench shall then be filled in the same manner as described in Section 25-1700.32.2g above.

       d.     In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred feet (600').

       e.     Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

       f.     In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed seven hundred fifty feet (750'), provided that:

        1.      Gutter flow widths on local and local collector streets shall not exceed eleven feet (11'), or such narrower width as may be necessary to provide a twelve foot (12') wide clear lane in the center of the roadway.

        2.      Gutter flow widths on collector streets shall not exceed nine feet (9'), or such narrower width as may be necessary to provide two (2) twelve foot (12') wide clear lanes in the center of the roadway.

        3.      Gutter flow widths on major collector streets without shoulders shall not exceed five feet (5'), or such narrower width as may be necessary to provide four (4) ten foot (10') wide clear lanes in the center of the roadway.

        4.      Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.

        5.      Swale gutter flow widths in parking areas shall not exceed twelve feet (12').

        6.      Gutter flow widths shall provide for the maintenance of two (2) ten foot (10') wide clear lanes in all access and major circulation drives and one twelve foot (12') wide clear lane in all other aisles in all parking areas, except as otherwise provided in Section 25-1700.22.

       g.     Maximum design capacities which may be used to determine actual inlet location spacing are:

        1.      Not in Sump Conditions:

                 Type B                                        4 cubic feet per second

                 Type E (in paved areas)              4 cubic feet per second

                 Type E (in yard areas)                 1.5 cubic feet per second

        2.      In Sump Conditions:

                 To be individually designed

       h.     Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

       i.      Generally, sufficient inlets will be placed to eliminate any flow exceeding two (2) cubic feet per second across any intersections.

       j.      Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches (6") at any point calculated for the appropriate design storm in accordance with Section 25-1700.33.

 

25-1700.32.4    Open Channels.

       Open channels shall be designed to contain the required flow and shall have a design velocity low enough in the judgment of the City Engineer, to prevent erosion.

       a.     The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five feet (25') rounded to the next highest five foot (5') increment.

        1.      The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews.

        2.      The minimum distance between the channel top edge and any easement line shall be five feet.

       b.     Excess velocity, if any, as determined by the City Engineer, in open channels must be controlled by sod, rip-rap, paving, ditch checks, or other suitable methods.

       c.     Changes of direction in open channels must have a maximum radius of eight hundred feet (800') or be adequately paved or rip-rapped.

       d.     Generally, unlined open channel cross-sections shall have side slopes not steeper than four to one (4:1) for channel depths of two (2) feet or less and not steeper than eight to one (8:1) for channel depths of more than two feet (2'). Line open channel side slopes shall not be steeper than two to one (2:1).

       e.     The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.

       f.     All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

       g.     All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more for at least two (2) out of every twelve (12) months will be provided with a low flow channel using gabions, riprap, lining, one-third (1/3) pipe sections, or other arrangements approved as part of the final plat submission.

 

25-1700.32.5    Culvert or Drain Construction.

       Culverts or drains shall be constructed as specified herein.

       a.     The location, length, depth, grade, type, and size of pipe shall be designated on the plans indicated herein except where unusual or exceptional soil or other conditions are discovered at the time of construction, which are not provided for in the plans, in which case such construction shall be determined by the City Engineer.

       b.     Trenches shall be bridged at the street crossings, intersecting streets, public and private entrances in such a manner that traffic will not be interrupted.

       c.     The contractor shall have a sufficient quantity of timber and equipment constantly on hand for planking, sheet piling, fencing or shoring, and adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.

       d.     All trenches for culverts, drains or french drains shall be excavated at least nine inches (9") and not more than thirty inches (30") wider than external diameter of the pipe to be used therein.

       e.     The pipe shall be laid on a firm bed and the bottom of the trench shall be excavated to the line and grade given or directed by the City Engineer.

        1.      The bottom of the excavation shall have the shape and dimensions of the lower half of the pipe.

        2.      When rock or rubble is encountered and removed from the trench as specified, this excess depth shall be refilled with suitable materials and tamped thoroughly.

       f.     The pipe shall be laid and all joints shall be treated as determined by the City Engineer.

       g.     The filling around the pipe shall be made in layers with approved materials free from rock, and each layer shall be tamped thoroughly around and over the pipe.

       h.     Where indicated or directed, old pipe or insufficient sized culverts shall be removed and relaid, extended or renewed in the same manner as specified above for new pipe culverts or drains.

       i.      Easement of a width sufficient to allow proper maintenance but in no case less than fifteen feet (15'), shall be provided for the outletting of all drains, pipelines, etc. to streams, existing storm drains, or other legal drainage courses. These easements shall be granted to the City in writing, subject to the approval of the City Attorney.

       j.      All non-pipe culverts shall be designed for AASHO H20-44 loading.

        1.      All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment.

        2.      All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

 

25-1700.32.6    Headwalls.

       Headwalls shall be provided at all terminations. These shall be poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plan. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.

 

25-1700.32.7       Retaining Walls.

            Retaining walls installed in slope control areas shall be constructed of reinforced concrete, other reinforced masonry or of other acceptable construction and adequately designed to carry all earth pressures including any surcharges.  The heights of the retaining walls should not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building to the face of the retaining wall. (Ord. #04-13, §10; Ord. #13-32, §2)

 

25-1700.32.8    Guardrails and/or Railings.

       Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate.

       a.     The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing forty-eight inches (48") high if the banks of the channel are steeper than one (1') foot vertically for every four (4') feet horizontally and either the total depth of the channel exceeds four feet (4') or the channel would be expected to have a depth of flow greater than two feet (2') more often than once every ten (10) years.

       b.     For maintenance purposes, gates may be required by the Planning Board at approximately two hundred foot (200') intervals.

 

25-1700.32.9    Siltation Prevention.

       The developer shall take all necessary precautions to prevent any siltation of streams during the construction of the site.

       a.     If required by the Planning Board as a condition of approval or by the Planning Board Engineer during construction, the developer shall provide adequate provisions to prevent all deposits of silt or other eroding material in any stream or water course.

       b.     Such provisions may include, but not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.

       c.     The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.

 

25-1700.32.10  Required Approvals.

       All drainage arrangements (either piped or overland flow) for sites on County roads or State highways shall be approved by the County Engineer or the New Jersey Department of Transportation, respectively, in addition to being acceptable to the Planning Board.

 

25-1700.32.11  Special Drainage Provisions.

       a.     The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the Planning Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

       b.     Subject to review and approval by the Planning Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Planning Board will use the following criteria:

        1.      The utilization of the natural drainage system to the fullest extent possible.

        2.      The maintenance of the natural drainage system as much as possible in its unimproved state.

        3.      When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.

        4.      The construction of flow retarding devices, detention areas and recharge berms to minimize runoff value increases.

        5.      Maintenance of the base flow in streams, reservoirs and ponds.

        6.      The reinforcement, improvement, and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.

 

25-1700.32.12  Stormwater Management.

 

25-1700.32.12.1    Scope and Purpose.

       a.     Purpose. It is the purpose of this Ordinance to establish minimum stormwater management requirements and controls for "major development," as defined in Section 25-1700.32.12.2.

       b.     Applicability.

        1.      This Ordinance shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

        (a)      Nonresidential major developments; and

        (b)      Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

        2.      This Ordinance shall also be applicable to all major developments undertaken by the City.

       c.     Compatibility with Other Permit and Ordinance Requirements. Development approvals issued for subdivisions and site plans pursuant to this Ordinance are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This Ordinance 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 Ordinance 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.

(Ord. #06-39, §1)

 

25-1700.32.12.2    Definitions.

       Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 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.

       CAFRA Centers, Cores or Nodes shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

       CAFRA Planning Map shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

       Compaction shall mean the increase in soil bulk density.

       Core shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

       County review agency shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:

A County planning agency; or

A County water resource association created under N.J.S.A. 58:16A- 55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances. Department shall mean the New Jersey Department of Environmental Protection.

       Designated Center shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

       Design Engineer shall mean 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.

       Development shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

       Drainage Area shall mean 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.

       Empowerment Neighborhood shall mean a neighborhood 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.

       Environmentally Critical Areas shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and 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.

       Erosion shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

       Impervious Surface shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

       Infiltration shall mean the process by which water seeps into the soil from precipitation.

       Major Development shall mean any "development" that provides for ultimately disturbing one (1) or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

       Municipality shall mean any city, borough, town, township, or village.

       Node shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

       Nutrient shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

       Person shall mean any individual, corporation, company, partnership, firm, association, Ocean City, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

       Pollutant shall mean 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.

       Recharge shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

       Sediment shall mean 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.

       Site shall mean the lot or lots upon which a major development is to occur or has occurred.

       Soil shall mean all unconsolidated mineral and organic material of any origin.

       State Development and Redevelopment Plan Metropolitan Planning Area (PA1) shall mean 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.

       State Plan Policy Map shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

       Stormwater shall mean 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.

       Stormwater Management Basin shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

       Stormwater Management Measure shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

       Stormwater Runoff shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.

       Tidal Flood Hazard Area shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

       Urban Coordinating Council Empowerment Neighborhood shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

       Urban Enterprise Zone shall mean 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.

       Urban Redevelopment Area shall mean previously developed portions of areas:

(1)    Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(2)    Designated as CAFRA Centers, Cores or Nodes;

(3)    Designated as Urban Enterprise Zones; and

(4)    Designated as Urban Coordinating Council Empowerment Neighborhoods.

       Waters of the State shall mean 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.

       Wetlands or wetland shall mean an area that is inundated or saturated by surface water or groundwater 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.

       (Ord. #06-39, §1)

 

25-1700.32.12.3    General Standards.

       a.     Design and Performance Standards for Stormwater Management Measures.

        1.      Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 25-1700.32.12.4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

        2.      The standards in this Ordinance 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.

(Ord. #06-39, §1)

 

25-1700.32.12.4    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 25-1700.32.12.10.

       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 muhlnebergi (bog turtle).

       c.     The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsection 25-1700.32.12.4f. and g.

        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 fourteen feet (14'), provided that the access is made of permeable material.

       d.     A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsection 25-1700.32.12.4f. and g. 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 nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of subsection 25-1700.32.12.4f. and g. to the maximum extent practicable;

        3.      The applicant demonstrates that, in order to meet the requirements of subsection 25-1700.32.12.4f. and g., 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 paragraph d,3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsection 25-1700.32.12.4f. and g. that were not achievable on site.

       e.     Nonstructural Stormwater Management Strategies.

        1.      To the maximum extent practicable, the standards in subsection 25-1700.32.12.4f. and g. shall be met by incorporating nonstructural stormwater management strategies set forth at subsection 25-1700.32.12.4e. into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

        2.      Nonstructural stormwater management strategies incorporated into site design shall:

        (a)      Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

        (b)      Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

        (c)      Maximize the protection of natural drainage features and vegetation;

        (d)     Minimize the decrease in the "time of concentration" from preconstruction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;

        (e)      Minimize land disturbance including clearing and grading:

        (f)      Minimize soil compaction;

        (g)      Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

        (h)      Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

        (i)       Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:

          (1)      Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 25-1700.32.12.4e,3 below;

          (2)      Site design features that help to prevent discharge of trash and debris from drainage systems;

          (3)      Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

          (4)      When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

        3.      Site design features identified under subsection 25-1700.32.12.4e,2(i)(2) above 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 25-1700.32.12.4e,3(c) below.

        (a)      Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

          (1)      The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

          (2)      A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

        Examples 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 basin floors.

        (b)      Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two (2) or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two inches (2.0") across the smallest dimension.

        (c)      This standard does not apply:

          (1)      Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

          (2)      Where flows from the water quality design storm as specified in subsection 25-1700.32.12.4g,1 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 (1) of the following:

          [a]      A rectangular space four and five-eighths inches (4 5/8") long and one and one-half inches (1 1/2") wide (this option does not apply for outfall netting facilities); or

          [b]      A bar screen having a bar spacing of 0.5 inches.

          (3)      Where flows are conveyed through a trash rack that has parallel bars with one inch (1") spacing between the bars, to the elevation of the water quality design storm as specified in subsection 25-1700.32.12.4g,1; or

          (4)      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.

        4.      Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsection 25-1700.32.12.4f. and g. shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

        5.      Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 25-1700.32.12.7, or found on the Department's website at www.njstormwater.org.

       f.     Erosion Control, Groundwater Recharge and Runoff Quantity Standards.

        1.      This paragraph contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

        (a)      The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.

        (b)      The minimum design and performance standards for groundwater recharge are as follows:

          (1)      The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 25-1700.32.12.5, either:

          [a]      Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain one hundred percent (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 preconstruction to post-construction for the 2-year storm is infiltrated.

          (2)      This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph (3) below.

          (3)      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.

          (4)      The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.

        (c)      In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 25-1700.32.12.5, complete one (1) of the following:

          (1)      Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

          (2)      Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the 2-, 10-, 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;

          (3)      Design stormwater management measures so that the post-construction peak runoff rates for the 2-, 10- and 100-year storm events are 50, 75 and 80 percent, respectively, of the preconstruction 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

          (4)      In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

        2.      Any application for a new agricultural development that meets the definition of major development at subsection 25-1700.32.12.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.

       g.     Stormwater Runoff Quality Standards.

        1.      Stormwater management measures shall be designed to reduce the post- construction load of total suspended solids (TSS) in stormwater runoff by eighty percent (80%) of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional one-quarter (1/4) acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is one and one-quarter inches (1.25") of rainfall in two (2) hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.

Table 1: Water Quality Design Storm Distribution

 

Time (Minutes)

Cumulative Rainfall (Inches)

 

Time (Minutes)

Cumulative Rainfall (Inches)

0

0.0000

65

0.8917

5

0.0083

70

0.9917

10

0.0166

75

1.0500

15

0.0250

80

1.0840

20

0.0500

85

1.1170

25

0.0750

90

1.1500

30

0.1000

95

1.1750

35

0.1330

100

1.2000

40

0.1660

105

1.2250

45

0.2000

110

1.2334

50

0.2583

115

1.2417

55

0.3583

120

1.2500

60

0.6250

 

 

 

        2.      For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 25-1700.32.12.7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 25-1700.32.12.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.

        3.      If more than one (1) BMP in series is necessary to achieve the required eighty percent (80%) TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B – (AxB)/100

Where

R = total TSS percent load removal from application of both BMPs, and

A = the TSS percent removal rate applicable to the first BMP

B = the TSS percent removal rate applicable to the second BMP

Table 2: TSS Removal Rates for BMPs

Best Management Practice

TSS Percent Removal Rate

Bioretention Systems

90

Constructed Stormwater Wetland

90

Extended Detention Basin

40-60

Infiltration Structure

80

Manufactured Treatment Device

See subsection 25-1700.32.12.6c.

Sand Filter

80

Vegetative Filter Strip

60-80

Wet Pond

50-90

        4.      If there is more than one (1) on-site drainage area, the eighty percent (80%) TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

        5.      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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsection 25-1700.32.12.4f. and g.

        6.      Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 25-1700.32.12.7.

        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.      Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

        (a)      The applicant shall preserve and maintain a special water resource protection area in accordance with one (1) of the following:

          (1)      A three hundred foot (300') special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.

          (2)      Encroachment within the designated special water resource protection area under paragraph (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than one hundred fifty feet (150') as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this paragraph shall be subject to review and approval by the Department.

        (b)      All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

        (c)      If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

          (1)      Stabilization measures shall not be placed within one hundred fifty feet (150') of the Category One waterway;

          (2)      Stormwater associated with discharges allowed by this section shall achieve a ninety-five percent (95%) TSS post-construction removal rate;

          (3)      Temperature shall be addressed to ensure no impact on the receiving waterway;

          (4)      The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

          (5)      A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

          (6)      All encroachments proposed under this subsection shall be subject to review and approval by the Department.

        (d)     A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 25-1700.32.12.4g,8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to paragraph g,8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in paragraph g,8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than one hundred fifty feet (150') as measured perpendicular to the waterway subject to this subsection.

        (e)      Paragraph g,8 does not apply to the construction of one (1) individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

(Ord. #06-39, §1)

 

25-1700.32.12.5    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 (1) 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 the NRCS National Engineering Handbook Section 4 – Hydrology and Technical Release 55 – Urban Hydrology for Small Watersheds; or

        (b)      The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

        2.      For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at subsection 25-1700.32.12.5a,1(a) and the Rational and Modified Rational Methods at subsection 25-1700.32.12.5a,1(b). 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 (5) years without interruption prior to the time of application. If more than one (1) land cover have existed on the site during the five (5) 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 preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction 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 and 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:

        1.      The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey, 08625-0427; (609) 984-6587.

(Ord. #06-39, §1)

 

25-1700.32.12.6    Standards for Structural Stormwater Management Measures.

       a.     Standards for structural stormwater management measures are as follows:

        1.      Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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.      Structural 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 (1") 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 one-third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one inch (1") and a maximum spacing between bars of six inches (6"). In addition, the design of trash racks must comply with the requirements of subsection 25-1700.32.12.8b.

        3.      Structural 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.      At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches (2 1/2") in diameter.

        5.      Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 25-1700.32.12.8.

       b.     Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by subsection 25-1700.32.12.4 of this Ordinance.

       c.     Manufactured treatment devices may be used to meet the requirements of subsection 25-1700.32.12.4 of this Ordinance, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

(Ord. #06-39, §1)

 

25-1700.32.12.7    Sources for Technical Guidance.

       a.     Technical guidance for stormwater management measures can be found in the documents listed at paragraphs 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.

        1.      Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

        2.      The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

       b.     Additional technical guidance for stormwater management measures can be obtained from the following:

        1.      The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-l.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625; (609) 292-5540;

        2.      The Rutgers Cooperative Extension Service, 732-932-9306; and

        3.      The Soil Conservation Districts listed in N.J.A.C. 2:90-l.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.

(Ord. #06-39, §1)

 

25-1700.32.12.8    Safety Standards for Stormwater Management Basins.

       a.     This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

       b.     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 basin to ensure proper functioning of the basin outlets in accordance with the following:

        (a)      The trash rack shall have parallel bars, with no greater than six inch (6") 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 two and one-half feet (2.5') 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.

        (d)     The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of three hundred (300) lbs./ft. sq.

        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 (2") 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 three hundred (300) lbs./ft. sq.

        3.      For purposes of this paragraph 3, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

        (a)      If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in subsection 24-1700.32.12.8c. a freestanding outlet structure may be exempted from this requirement.

        (b)      Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet (2 1/2'). Such safety ledges shall be comprised of two (2) steps. Each step shall be four to six feet (4'–6') in width. One (1) step shall be located approximately two and one-half feet (2 1/2') below the permanent water surface, and the second step shall be located one to one and one-half feet (1–1 1/2') above the permanent water surface.

        (c)      In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.

       c.     Variance or Exemption from Safety Standards.

        1.      A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, County or Department) that the variance or exemption will not constitute a threat to public safety.

(Ord. #06-39, §1)

 

25-1700.32.12.9    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 Ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 25-1700.32.12.9c. below as part of the submission of the applicant's application for subdivision or site plan approval.

        2.      The applicant shall demonstrate that the project meets the standards set forth in this Ordinance.

        3.      The applicant shall submit six (6) copies of the materials listed in the checklist for site development stormwater plans in accordance with subsection 25-1700.32.12.9c. of this Ordinance.

       b.     Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Ordinance.

       c.     Checklist Requirements. 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 two hundred feet (200') beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-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 manmade 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 manmade features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

        3.      Project Description and Site Plan(s). A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may 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 25-1700.32.12.3 through 25-1700.32.12.6 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 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 25-1700.32.12.4 of this Ordinance.

        (b)      When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

        7.      Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 25-1700.32.12.10.

        8.      Waiver from Submission Requirements. The municipal official or board reviewing an application under this Ordinance may, in consultation with the Municipal Engineer, waive submission of any of the requirements in subsection 25-1700.32.12.9c,1 through c,6 of this Ordinance 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.

(Ord. #06-39, §1)

 

25-1700.32.12.10  Maintenance and Repair.

       a.     Applicability.

        1.      Projects subject to review as in subsection 25-1700.32.12.1c. of this Ordinance shall comply with the requirements of subsection 25-1700.32.12.10b. 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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

        3.      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.

        4.      If the person responsible for maintenance identified under subsection 25-1700.32.12.10b,2 above is not a public agency, the maintenance plan and any future revisions based on subsection 25-1700.32.12.10b,7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

        5.      Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

        6.      The person responsible for maintenance identified under subsection 25-1700.32.12.10b,2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

        7.      The person responsible for maintenance identified under subsection 25-1700.32.12.10b,2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

        8.      The person responsible for maintenance identified under subsection 25-1700.32.12.10b,2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsection 25-1700.32.12.10b,6 and b,7 above

        9.      The requirements of subsection 25-1700.32.12.10b,3 and b,4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

        10.    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 fourteen (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.

       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.

(Ord. #06-39, §1)

 

25-1700.32.12.11  Violations, and Correction of Same.

        Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Ordinance shall be required to correct such violations, and shall submit a plan of action for correction within sixty (60) calendar days from receiving notice from the municipality, County, or State of the existence of such violation. The violation shall be corrected within one hundred twenty (120) calendar days from receiving notification as above. Failure to correct violations within the above time frame shall allow the municipality to correct, or have corrected, any violations, and charge the responsible party for all costs associated with the corrective work. (Ord. #06-39, §1)

 

25-1700.33  Storm Drainage Calculation Criteria.

 

25-1700.33.1    Minimum Basis for Calculations for Design Storm Frequency.

       a.     For closed conduits, the design criteria shall be a two (2) year storm frequency as a minimum when not immediately adjacent to the discharge end of the system. When a development's conduit system is located adjacent to the discharge point a five (5) year storm frequency shall be used.

       b.     For open channels ten (10) years.

       c.     For detention facilities, a twenty-four (24) hour flood with a return period not less than fifty (50) years.

       d.     For retention facilities, double the capacity obtained by applying the requirements for detention facilities.

       e.     For gutter flow calculations, five (5) years.

 

25-1700.33.2    Runoff Determinations.

       Runoff determinations should be made using the rational formula or, in unusual cases, other methods with the prior approval of the City Engineer. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff.  Runoff coefficients used should generally fall in the following ranges:


Classification Fully Developed

Range of Coefficient

Public parks, open space and land conservation

0.15 - 0.30

Low density residential

0.30 - 0.45

Medium density residential

0.40 - 0.60

High density residential

0.55 - 0.70

Commercial, office and industrial

0.60 - 0.90

Pavements, roadways, shoulders

0.90- 1.00

 

25-1700.33.3    Velocity Restrictions.

       In general, velocities in closed conduits at design flow should be at least two and five-tenths feet (2.5') per second, but not more than the velocity which will cause erosion damage to the conduit and velocities in open channels at design flow shall not be less than one and five-tenths feet (1.5') per second and not greater than that velocity which will begin to cause erosion or scouring of the channel.

       a.     For unlined earth channels, the maximum velocity allowed will be two feet (2') per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made to developer and shall be made available to the City Engineer at the time of drainage review.

       b.     At transitions between closed conduits and open channels or different types of open channels suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission.

       c.     For all flow of forty (40) cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.

 

25-1700.33.4    Use of Manning Formula.

       In general, the Manning formula will be used by the City Engineer to review the adequacy of proposed drainage facilities. Other formulae may be used in particular cases with the previous agreement of the Board.

 

25-1700.33.5    Runoff from Certain Tributary Areas - Approval Required.

       All drainage facilities carrying runoff from tributary areas larger than one-half (1/2) square mile must have the approval of the New Jersey Department of Environmental Protection, Division of Water Resources. Evidence of such approval shall be required to be submitted prior to the final approval of the site plan.

 

25-1700.33.6    Encroachments of Natural Waterways

       All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection, Division of Water Resources for approval in accordance with statute. The State may retain jurisdiction in which case a permit will be necessary as set forth above or may refer the matter to the County Engineer for review.

 

25-1700.33.7    Design Requirements.

       Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto, but shall also include the disposal of the storm water runoff to an adequate outlet or other means of final disposal of the storm water, such as a river, running stream, lagoon or an existing adequate storm sewer.

 

25-1700.33.8    Analysis of Storms.

       Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least one hundred (100) year return frequency. The effect of such a storm and the flooding limits anticipated shall be shown. Site design, grading, and drainage shall anticipate such major storm and be so arranged so as to prevent damage to existing or proposed structures or adjacent properties under such conditions .

 

25-1700.34  Street Design and Construction.

 

25-1700.34.1    Design Standards.

       All major and minor arterial, collector, local collector, local and marginal access streets shall be designed in accordance with the proposals contained in the Master Plan of the City and/or in accordance with this subsection.

       a.     Upon receipt by the Planning Board of any subdivisions or site plans calling for the installation of new streets or the extension of old streets, the plats shall be referred to the City Engineer and Chief of Police for review.

        1.      They shall make recommendations as to the acceptable minimum widths of each street and shall base the recommendations upon such factors as the location, proposed use and intensity of traffic, with an emphasis upon safety considerations of both a fire and police nature.

        2.      These recommendations shall be submitted to the City Engineer to be considered in conjunction with such studies and statistics and other data which the Engineer shall have assembled as a basis for determining minimum street widths within the City.

       b.     The design and location of collector, minor and marginal access streets shall be determined by the Planning Board in their review of the applications so as to conform to the "Schedule of Street Design Standards" (see Figure 10).

       c.     The enumerated standards are to be construed as minimum standards and may be increased where, because of high traffic volumes, steep grades or other such reasons, the Planning Board determines that such action is necessary.

       d.     In residential subdivisions, the minimum street width required by the attached "Schedule of Street Design Standards"* shall only be the minimum of thirty-six feet (36') for certain minor streets designed solely to allow access by residents to their homes. Under no circumstances is the minimum widths of any street in the City of Ocean City to be less than thirty-six feet (36').

 

25-1700.34.2    Streets Not Shown on the Master Plan or Official Map.

       The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension and/or realignment of existing streets except that local and collector streets should only be extended when such extension is necessary and the Planning Board concurs that such extension will promote safety and conform to the street standards contained elsewhere in this Ordinance.

 

25-1700.34.3    Developments Abutting Existing Roadways.

       Where developments abut existing roadways, sufficient additional front yard building setbacks shall be provided to coincide with the right-of-way width proposed for the roadway as per the Master Plan.

 

25-1700.34.4    Local Street Design.

       Local streets shall be designed in accordance with the schedule of street design standards and the requirements contained herein.

       a.     No street or road shall be designed which has an elevation at the center line of less than six feet (6') above mean sea level and as indicated by the United States Coast and Geodetic Survey.

       b.     Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

       c.     Cul-de-sacs (dead end streets) should have a center line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than one hundred feet (100') nor longer than six hundred feet (600') and should not provide access to more than twenty-five (25) lots.

        1.      They shall provide an end turnaround with a pavement radius of not less than fifty feet (50') and a property line radius of not less than sixty feet (60') and tangent whenever possible to the right side of the street, when viewed toward the closed end.

        2.      In the event it is contemplated that a dead end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria shall be required, and provisions made future extension of the street and reversion of the excess right-of-way to the adjoining properties.

       d.     Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modification shall include, but not be limited to, widening tile right-of-way of a continuous street through the use of semicircular projections.

       e.     Use of reduced paving width may be considered by the Municipal Agency when a cul-de-sac or loop street provides access to twenty-five (25) or fewer lots, where, by reason of topography, physical features or other conditions of the reduced paving width would substantially reduce disruption of the development's environment.

        1.      In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than twenty-six feet (26').

        2.      Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation.

        3.      Such review and approval must be obtained by the developer before approval of a final plat will be granted.

 

25-1700.34.5    Planning Board to Approve Classification of Proposed Streets.

       In any development, it shall be the duty of the Planning Board to approve classification of proposed streets according to their use, and in accordance with the Federal classification of roadways. In making decisions, the Planning Board shall refer to the Master Plan and the Cape May County Planning Board classification of roadways and shall consider conditions within the development and the surrounding areas and shall use as a guide the street classification and criteria contained herein.

       a.     Functional Classification of Existing Streets.

Classification

Street Section Description

Primary Arterial Road

U.S. Highway 52, from the westerly City boundary, along 9th Street to Palen Avenue.

Secondary Arterial Road

Ninth Street-Palen Avenue to West Avenue.

 

Ocean Drive, from the southerly City boundary to 55th Street, then following Central Avenue to 29th Street, then following Wesley Avenue, Wesley Road and Gardens Parkway to the northerly City boundary.

 

Asbury Avenue, from 55th Street to Battersea Road.

 

Roosevelt Boulevard, from the westerly City boundary along 34th Street to Central Avenue.

 

Bay Avenue, from Roosevelt Boulevard to Battersea Road.

 

Battersea Road, from Bay Avenue to Wesley Avenue.

Collector Street

West Avenue.

 

Haven Avenue, north of 34th Street.

Local Street

All streets not listed above are local streets.

Alley

Narrow streets with 15 feet to or 20 feet cartways located at the rear of properties.

(Ord. #94-16, Appx. A)

 

25-1700.34.6    Subdivisions Abutting a Collector Street or Arterial Highway.

       In any subdivision abutting or being traversed by a collector street or arterial highway, one of the following conditions shall be required as the Planning Board deems appropriate.

       a.     A marginal street meeting the classifications herein for a local street shall be provided along each collector, or arterial highway, and shall be separated from the collector or arterial highway by a landscaped strip at least twenty-five feet (25') in width.

       b.     The frontage of all lots abutting the collector or arterial highway shall be reversed so that the lots will front on an internal local street.

       c.     All lots abutting collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.

       d.     Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the municipal agency.

FIGURE 10: SCHEDULE OF STREET DESIGN STANDARDS

 

Table

 

       e.     Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

 

25-1700.34.7    Additional Standards.

       Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions, and to the maintenance of the purposes of this Ordinance, but shall not be less than those set forth herein and also in the Schedule of Street Design Standards (Figure No. 10). All streets shall be constructed and graded and surfaced in accordance with these standards and specifications.

       a.     All topsoil shall be stripped from the proposed subgrade. The subgrade when completed, shall be true to the lines, grades and cross sections given on the plan accompanying the road profile.

        1.      After the profile has been shaped correctly, it shall be brought to a firm, unyielding surface by rolling entire surface with a three (3) wheel power roller weighing not less than ten (10) tons.

        2.      All soft and spongy places shall be excavated to such a depth as shall be necessary to stabilize the foundation of the road and refilled solidly with subbase consisting of broken stone, broken slag, gravel, suitable earth or sand as directed by the City Engineer.

        3.      All loose rock or boulders shall be removed or broken off six inches (6") below the subgrade surface. All stumps and roots shall be removed in their entirety.

        4.      This shall be done before completing the rolling of the entire surface of the subgrade.

       b.     Embankments (fills) shall be formed of suitable material placed in successive layers of not more than twelve inches (12") in depth for the full width of the cross section and shall be compacted by distributing uniformly over each succeeding layer, or by rolling with a ten (10) ton roller as directed by the City Engineer, to a compaction sufficient to prevent settling.

        1.      Stumps, trees, rubbish, and any other unsuitable materials or substance shall not be placed in the fill.

        2.      The fill shall be allowed to thoroughly settle before constructing the pavement upon it and must be approved by the City Engineer.

       c.     The roadway base shall conform to the following:

        1.      The roadway subbase shall be bank run gravel six inches (6") thick conforming to N.J. Department of Transportation aggregate 1-5 or an approved equal.

        2.      The base course shall be bituminous stabilized base with a minimum thickness of three inches (3").

       d.     The surface or wearing course shall be bituminous concrete type FABC Mix I-5 with a minimum thickness of not less than one and one-half inches (1-1/2"). The bituminous concrete shall be laid with a self-propelled paving machine approved by the City Engineer.

       e.     Pavement shall be installed from curb to curb except in unusual conditions of terrain and where otherwise required as determined by the City Engineer.

       f.     Materials, inspection and general requirements which pertain to this section are as follows:

        1.      All material and appurtenances unless otherwise specified herein, shall comply with the requirements set forth in the current N.J. State Department of Transportation Standard Specifications.

        2.      The work shall be inspected throughout the course of construction by the City Engineer or his duly authorized representatives, who shall be notified in writing twenty-four (24) hours before any work is started or continued.

        3.      The requirements herein shall be considered as minimum requirements for street improvements. Where special circumstances or condition of drainage, terrain, character of soil or otherwise, require different construction or materials, such construction or materials shall be determined by the City Engineer.

        4.      All subsurface utilities shall be installed prior to the application of the wearing surface on the streets.

 

25-1700.34.8    Street Intersections.

       Street intersections shall be designed according to the standards contained herein.

       a.     No more than two (2) streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than sixty degrees (60º) (measured at the center line of streets) shall not be permitted.

       b.     Local streets should not enter the same side of collector streets at intervals of less than five hundred feet (500'), or arterials at intervals of less than one thousand two hundred feet (1,200').

       c.     Street jogs with center line offsets of less than one hundred twenty-five feet (125') shall be avoided. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least three hundred feet (300') between their center lines measured along the center line of an intersected collector; or five hundred feet (500') along the center line of an arterial.

 

       d.     Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or have a center line radius greater than five thousand feet (5,000') for at least five hundred feet (500') from the intersection.

       e.     Approaches of any local street to any other street shall:

        1.      Be tangent (straight) for a distance of at least fifty feet (50') from the intersection, or

        2.      Have a center line radius greater than one thousand feet (1,000') for at least one hundred fifty feet (150') from the intersection, and

        3.      Have a clear site of a point three feet (3') high in the intersection for a distance of not less than four hundred feet (400').

 

25-1700.34.9    Street Layout Provisions.

       Street layout should be in accordance with the provisions contained herein.

       a.     Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed one thousand feet (1,000').

       b.     The Planning Board in all cases may require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

       c.     Residential development areas containing more than one hundred fifty (150) lots or dwelling units should have two (2) access points from collector streets or arterial highways.

       d.     A tangent at least one hundred feet (100') long shall be introduced between reverse curves on arterial and collector streets.

 

25-1700.34.10  Street Names.

       Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or developments in the City or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.

 

25-1700.34.11  Improvements To Be Completed.

       The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the Planning Board.

       a.     In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Planning Board.

       b.     Cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the City Council to be credited toward the completion of such improvements at such time as the adjacent land develops.

 

25-1700.34.12  Rights-of-Way.

       The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments shall be determined by the Planning Board on an individual basis and shall in all cases, be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs, and maximum access for fire fighting equipment and shall generally conform to the requirements herein.

 

25-1700.34.13  Reverse Strips or Areas.

       There shall be no reverse strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed under jurisdiction of the City Council under conditions approved by the Planning Board.

 

25-1700.35  Street Excavation Permit.

       All developments, upon municipal approval of plans and prior to the issuance of a building permit, shall obtain a street excavation permit for any excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way, and be required to observe all other regulations as set forth in the Street Excavation Ordinance.

 

25-1700.36  Street Lighting

 

25-1700.36.1    Required Installation.

       For all major subdivisions and multi-family developments which require site plan approval, the developer shall arrange with the Atlantic Electric Company to provide street lighting service upon the appropriate tariff and prevailing government rules and regulations. The street lighting shall be installed at the average pole spacing of one hundred fifty feet (150') on centers for post-top luminaries at an approximate mounting height of thirteen feet (13') or two hundred feet (200') on centers for standard street lighting luminaries on a six foot (6') bracket at an approximate mounting height of twenty-five feet (25'). The Planning Board may alter the street lighting requirements as it deems appropriate due to special circumstances including but not limited to intersections, curves, cul-de-sacs, and collector or arterial roadways.

 

25-1700.36.2    Additional Wiring.

       The Atlantic Electric Company shall install wiring in addition to that on the approved street lighting plan where said additional wiring is required to accommodate the full plan in accordance with the company's filed tariff and approved procedure at the time.

 

25-1700.36.3    Cost of Additional Wiring.

       The cost of this additional wiring shall be the responsibility of the subdivider.

 

25-1700.36.4    Installation Required Prior to Issuance of a Certificate of Occupancy.

       Street lighting shall be installed, as directed by and subject to approval by the Planning Board prior to the Certificates of Occupancy being issued.

 

25-1700.36.5    Costs To Be Paid by Owner or Subdivider until Streets are Accepted by City.

       The cost of the additional wiring and electricity for street lighting for all streets within the development shall be paid for by the owner or subdivider until streets are accepted by the City, and the City Council has authorized the release of all performance bonds upon completion of all improvements for the development.

 

25-1700.36.6    Compliance with Street Lighting Plan Required for Major Subdivision Plat or Major Site Plan for Multi-Family Development.

       No major subdivision plat or major site plan for multi-family development shall receive final approval unless the suggested street lighting plan of the Atlantic Electric Company is shown thereon.

 

25-1700.36.7    Compliance with Street Lighting Plan Required for Subdivision Plat Approval.

       No subdivision plat shall receive final approval unless the suggested street lighting plan of the Atlantic Electric Company is shown thereon.

 

25-1700.36.8    Maintenance Cost To Be Responsibility of City.

       After final acceptance, operation and maintenance costs of the street lighting shall be the responsibility of the City.

 

25-1700.37  Street Signs.

 

25-1700.37.1    Required Type and Size.

       Street signs shall be appropriate metal street signs of a type and size approved by resolution of the City Council and shall be properly installed at each street intersection.

 

25-1700.37.2    Placement of Signs.

       Street signs shall be placed two (2) per intersection on the near right hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection at locations approved by the City Engineer.

 

25-1700.37.3    Mountings.

       Mountings shall be in accordance with the standard procedures of the City, or with requirements adopted by the City Council.

 

25-1700.37.4    Placement Required Prior to Issuance of a Certificate of Occupancy.

       Street signs shall be placed before any Certificate of Occupancy for houses on the subject street are issued.

 

25-1700.38       Landscaping.

 

       Prior ordinance history includes portions of Ordinance Nos. 94-16, 99-20, 02-36, 03-22, 08-12 and 09-28.

 

25-1700.38.1    Purpose Statement.

       The purpose of this Ordinance is to provide comprehensive regulations for the selection, planting and maintenance of landscaping within the City of Ocean City.  In order to promote an attractive, sustainable and diverse community environment, the Governing Body of the City recognizes that appropriate landscaping represents an important part of the City’s character that has environmental benefits and contributes positively to an improved quality of life for its citizens.

 

25-1700.38.2    Definitions.

       a.     For all purposes of this section, the following terms, phases, words, and their derivations shall have the meaning given therein;

       ANSI shall mean the American National Standards Institute.

       Approving Authority shall in terms of this Ordinance mean the Zoning Official, City Engineer, Planning Board and Zoning Board of Adjustment.

       Caliper shall mean the type of diameter measurement used in the nursery industry.  The height of the measurement shall be taken from the ground level for the field grown stock and from the soil line for container grown stock, which should be at or near the top of the root flare.  Caliper measurement of the trunk shall be taken three feet (3')  above the top of the root flare up and including six inch (6 ") caliper size.  For trees smaller than six inch (6") caliper, the caliper measurement will be taken twelve inches (12") above ground. Seldom are tree trunks are perfectly round. The most accurate measurement will result from the use of diameter tape measurements.  Caliper measurements taken with manual or electronic “slot” or “pincer” type caliper tools should be the average of the smallest and largest measurements. (ANSI Z60.1-2004).

       Community Forestry Plan shall mean a plan developed by the municipality and Shade Tree Committee that outlines the goals and objectives for managing trees on municipal property, with the intent of minimizing liability to the municipality and maximizing the useful life of its tree resource.  This plan is to be approved by the New Jersey Forest Service, Division of Parks and Forestry, New Jersey Department of Environmental Protection.  The Shade Tree Committee shall be formed to oversee the implementation of the Community Forestry Management Plan.

       Diameter Breast Height (DBH) shall mean the diameter of a tree measured four and one half feet (4.5') along the center of the trunk axis with the ground, so that the height is the average of the lowest and highest sides of the trunk.

       Dripline shall mean the area directly located under the outer circumference of the tree branches.

       Groundcover shall mean any densely planted evergreen or broadleaf evergreen plant that does not attain a mature height of more than eighteen inches (18").

       Hazardous Tree shall mean any tree that poses a danger to the public or threatens the integrity of any public or private property.

       Historic Tree shall mean a tree that has been found to be of notable historic interest to the City of Ocean City, because of its age, type, size, or historic significance that has been so designated and that designation has been made and promulgated as part of the official records of the Shade Tree Committee and the City of Ocean City.

       Shade Tree shall mean a tree usually deciduous, planted primarily for its overhead canopy.

       Shrub shall mean a woody evergreen or deciduous plant smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

       Specimen Tree shall mean any tree in fair or better condition, which is so designated by the Shade Tree Committee. Considerations are based upon whether the tree is a rare species or a species variant thereof: is extraordinary height, trunk diameter or drip line circumference for a tree of its kind; has foliage of a very unusual quality for a tree of its kind; occupies an outstanding or important location and confers special shade-tree attributes such as, fragrance, erosion control, aesthetic, scenic enhancement, historical, preservation or cultural significance to the community.

       Street Tree shall mean a tree that is currently located or proposed for planting along a street on either private or public property.

       Topping shall mean the severe cutting back of limbs to stubs within the trees crown to such a degree so as to remove or destroy the normal canopy architecture and causes tree disfigurement.

       Tree shall mean a woody plant having at least one well-defined stem or trunk and normally attaining a mature height of at least fifteen feet (15').

       Recommended Street Trees shall mean a document containing selected tree species and cultivars that are appropriate for street tree use within the City of Ocean City. This document has been prepared by a licensed tree expert, was reviewed and approved by the Shade Tree Committee and is attached hereto as Appendix A. (Appendix A may be found at the end of this section.)

(Ord. # 12-03, §3)

 

25-1700.38.3    Applicability.

       The regulations contained in this Ordinance shall apply to developments proposing the construction, reconstruction and enlargement of one (1) or more residential dwelling units, minor and major subdivisions, minor and major site plans, landscaping within the public right-of-way, landscaping on public property, and landscaping as specified on private property. (Ord. # 12-03, §3)

 

25-1700.38.4    Administration.

       a.     The provisions of this Ordinance shall be administered as follows:

        1.      Zoning Official – Construction, reconstruction or enlargement of any use or structure not involving approval of a subdivision or site plan.

        2.      Planning Board or Zoning Board – All applications for development.

        3.      Zoning Official, City Engineer or their designee shall:

        (a)      Exercise full and exclusive control over the regulation of, planning of, the planting of, and care of all trees and shrubbery now located, or which may hereafter be located, within the public right-of-way and on public lands including the planting, trimming, spraying, care and protection thereof;

        (b)      Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection;

        (c)      Move or require the removal of any tree, or part thereof, deemed hazardous to public safety.  Where such tree is located on private property the expense shall be borne by the property owner;

        (d)     Solicit advice and comments from the Shade Tree Committee;

        (e)      Administer treatment to, or remove any tree situated upon private property which is believed to harbor disease and/or insects readily communicable to neighboring healthy trees in the care of the City or surrounding private property owners, and to enter upon private property for that purpose, with consent of the owner thereof provided that the suspected condition is first confirmed by a certificate issued by or on behalf of:

          (1)      The New Jersey Forestry Service

          (2)      A certified tree expert.

(Ord. # 12-03, §3)

 

25-1700.38.5    Licensing.

       a.     Persons wishing to engage in any business related to tree trimming, pruning, cutting or removing pursuant to the 2009 Tree Experts and Tree Care Operators License Act, are required to engage the services of a New Jersey licensed tree expert and associated tree care operators. This Act exempts public utility employees and their contractors and government employees who are engaged in tree care activities, from abiding by its provisions;

       b.     A City mercantile license will be required for those engaging in tree care within the City of Ocean City.

(Ord. # 12-03, §3)

 

25-1700.38.6    Landscaping Guidelines and Principles.

       All areas not devoted to structures, parking areas, or other required uses shall be appropriately graded, landscaped and maintained in accordance with the landscaping plan approved by the Approving Authority, upon review and consideration of recommendations by the Shade Tree Committee. Consideration shall be given in the choice and location of plant materials to screen or create views, to define boundaries between private and common open space, to attenuate noise, to enhance and articulate outdoor spaces, to provide shade and define circulation systems.

       a.     All nonpaved areas adjoining residential, commercial, industrial, public and semi-public buildings shall be suitably landscaped with lawn, trees, shrubs, and other landscape materials. Landscaping plans shall include provisions for watering of landscaped areas, except when it can be shown that indigenous or drought-tolerant species are planted. Such methods shall be adequate and acceptable to the Approving Authority.

       b.     In nonresidential zone districts, a minimum of fifteen percent (15%) of the lot or tract area, not including any parking areas or drives, shall be devoted to landscaped open space, which may include existing vegetation.

        1.      The exterior perimeter and yards of all buildings shall be properly landscaped and lighted.

        2.      The exterior foundation of all buildings shall be suitably planted with shrubs, trees, and ground cover.

        3.      Reserved.

        4.      Existing healthy specimen trees may be included in satisfying these requirements.

       c.     Whenever possible, natural features will be preserved.

       d.     Landscaped areas not dedicated to the City shall be maintained by and at the expense of the owner(s) or an approved agent thereof.

       e.     The landscaping plan should observe the following design principles:

        1.      Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north for wind breaks.

        2.      Use landscaping to accent and complement buildings. For example, groups of tall trees to break up long low buildings and lower plantings for taller buildings.

        3.      Landscaping shall be provided for public areas, recreation sites, and adjacent to buildings.

        4.      Landscaping plans shall provide for a variety and mixture of plantings. The variety shall consider susceptibility to disease, colors, seasonal interest, textures, shapes, blossoms, and foliage.

        5.      Local soil conditions and water availability shall be considered in the choice of landscaping. Native species and drought-tolerant plants are encouraged.

        6.      The landscaping plan shall provide for adequate plant installation and maintenance including, pruning, fertilization and irrigation.

        7.      Areas in which parking is not permitted pursuant to this Ordinance shall be landscaped using trees, shrubs, grass, groundcover or other plants of suitable size and variety in a plan compatible to the area.

        8.      Parking of motor vehicles on landscaped areas, on grass, or against trees and shrubbery is prohibited. Parking of vehicles on landscaped/grass areas is permitted during special events.

        9.      Bases of trees and other landscaped areas shall include suitable groundcover so as to discourage the growth of weeds.

        (a)      Suitable groundcovers include Ivy, Creeping Myrtle, and Pachysandra.

        (b)      Areas are to receive two to three inches (2"-3") of shredded organic mulch. The mulch shall not contact any part of the tree trunk and shall be spaced at least six inches (6") away from the butt of the tree.

(Ord. # 12-03, §3)

 

25-1700.38.7    Landscaping Plan – Existing Residential and Commercial Properties.

       Any person requiring a Zoning Permit to construct, reconstruct, or enlarge any residential or commercial use or structure shall provide a landscaping plan in compliance with this Ordinance. (Ord. # 12-03, §3)

 

25-1700.38.8    Landscaping Plan – Two or More Residential Lots.

       Tracts being developed for the construction, reconstruction or enlargement of two (2) or more residential lots shall submit a landscaping plan to the Approving Authority by the owner/developer.

       a.     Street trees shall meet planting requirements as specified in subsection 25-1700.38.12 of this Ordinance.

       b.     The plan shall indicate the location of all existing shade trees of six inches (6") or greater caliper, all existing ornamental trees of three inch (3") or greater caliper, and all evergreen trees five feet (5') or greater in height. Trees which are required to be removed shall be identified.

       c.     Buffers are to be provided in accordance with subsection 25-1700.38.11 of this Ordinance.

(Ord. # 12-03, §3)

 

25-1700.38.9    Landscaping Plan – Major Subdivision and Major Site Plan Applications.

       Applicants for major subdivision and/or major site plan approval shall submit landscaping plans designed, prepared, and duly signed by a certified landscape architect, professional engineer, professional planner or registered architect, acceptable to the Planning Board or Zoning Board professionals.

       a.     The landscaping plan shall specify the location of planting material, their minimum sizes at time of planting, quantity, variety, and species (botanical and common names). The landscaping plan shall be forwarded to the Shade Tree Committee for advice and comment.

       b.     The landscaping plan shall show the location of all existing shade trees of six inches (6") caliper or greater, all existing ornamental trees of three inches (3") caliper or greater, all evergreen trees five feet (5’) and greater in height, and all trees which are proposed for removal.

        1.      Parking lots shall be landscaped pursuant to the requirements contained in subsection 25-1700.38.10 of this Ordinance.

        2.      Street trees selected from Appendix A of this Ordinance, shall be planted along all undedicated roads, drives and parking areas at twenty-five to thirty feet (25'-30') on-center.

        3.      Trees referred to above shall be selected in accordance with requirements set forth in subsection 25-1700.38.12 of this Ordinance.

(Ord. # 12-03, §3)

 

25-1700.38.10  Parking Lots of Five or More Spaces.

       Parking lots containing five (5) or more spaces shall be landscaped as follows:

       a.     At least one (1) shade or ornamental tree of two inches (2") caliper or greater, and two (2) shrubs shall be provided for each five (5) parking spaces. The base of each tree shall be left free of pavement to the dripline, or for a diameter of three feet (3'), whichever is greater.

       b.     Groundcover shall consist of Ivy, Creeping Myrtle, Pachysandra, or other similar material acceptable to the Approving Authority installed in accordance with the requirements set forth in subsection 25-1700.38.12.c. of this Ordinance.

       c.     No parking lot shall contain more than fifteen (15) spaces in a row in a business, commercial or other zone, nor more than ten (10) spaces in a row in a residential zone, without interruption by a landscaped island at least four feet (4') wide.

(Ord. # 12-03, §3)

 

25-1700.38.11  Buffer Areas and Screening.

       a.     A buffer is an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent properties.  Buffers shall be designed, installed and maintained so as to provide a year-round visual screen.

       b.     Buffering shall be provided when the Planning Board or Zoning Board determines that there is a need to shield the subject site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, light, and traffic.

       c.     Where buffers are required, the buffer shall be at least four feet (4') wide and shall comply with the following standards:

        1.      Shrubs and trees required as buffer elements shall be comprised of a variety of species approved by the Shade Tree Committee and shall conform to the current American Standard for Nursery Stock (ANSI Z60.1-2004).

        2.      A berm may be used as part of the landscaped buffer screen in which case the landscaping requirements may be reduced in minimum height and quantity, provided a suitable and attractive visual screen is maintained. The berm shall not be less than three feet (3') horizontally. The design shall be reviewed by the Planning Board or Zoning Board Engineer or Planner, as appropriate.

       d.     Screening.

        1.      Walls, plantings and fences meeting Ordinance requirements may be erected where required for privacy, screening, separation, security or to serve other necessary functions.

        2.      Design and materials shall be functional and shall compliment the character, size, and type of the building.  No fence, plantings or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

        3.      When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators, or similar device for cooling, heating or generating purposes, outside or on top of a structure, they shall be screened from public view.

        4.      Screening at ground level may consist of one or combination of the following:

        (a)      Densely-planted evergreen trees a minimum of five feet (5') in height at time of installation;

        (b)      A solid and uniform fence of sufficient height to properly screen said equipment;

        (c)      A masonry wall of sufficient height to properly screen said equipment.

        5.      For rooftop installations, extensions of parapet walls or mansard rooflines, structural or ornamental screens or baffles.

        6.      Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

        7.      The above requirements shall not be constructed to prevent an opening in any required screening for maintenance and access purposes.  However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

(Ord. # 12-03, §3)

 

25-1700.38.12  Specifications and Standards.

       a.     Requirements for Trees.

        1.      All trees that are to be used to satisfy the requirements of this Ordinance shall be supplied, installed and maintained according to the specifications contained herein. All planting, clearing, selective thinning, top-soiling, seeding, and other landscaping work shall conform to the applicable requirements of the standard specifications and the relevant provisions of the City Code.

        2.      All landscaping required as a condition of development approval shall be of a type, size and installed in locations in conformance with the specifications of this Ordinance. All such  landscape material must meet the minimum standards set forth within the American Standard for Nursery Stock, ANSI Z60.1-2004.

        3.      A list of approved and coastal-appropriate trees is attached to this Ordinance as Appendix A.

        4.      To the greatest practicable extent, each street block shall be encouraged to use like-formed trees that exhibit similar crown shapes at maturity and have similar growth rates. It is desirable that neighboring blocks differ in the variety used to increase tree-stock diversity.

        5.      Street trees shall not be less than two inch (2.0") caliper at the time of planting when planted behind the sidewalk and where the distance between the curb and sidewalk is three feet (3') or greater. Trees planted where the distance between the curb and sidewalk is less than three feet (3') shall have a caliper of one-and-one-half inches (1.5") to one-and-three-quarters inches (1.75").

        6.      Trees should be planted while in a dormant state, preferably in Spring and Autumn.

        7.      Tree planting per the Planting Diagram: (A) dig the hole at least two feet (2') wider than ball width and no deeper to even slightly less than ball depth; (B) backfill with existing soil without amendments so that the root flair (red arrow) is even with to slightly higher than existing grade and tamp so no air pockets remain; (C) fully expose root flair by opening its burlap covering and if possible remove a wire basket entirely or at least cut away its upper portion; (D) apply a ring of hardwood mulch; (E) optional staking.


        8.      Hole excavations should not be deeper than the tree’s root-ball shoulder, so that when the rootball is placed in the hole the bottom of its root-collar is even with to slightly above the existing grade. Furthermore, sediments should not be loosened more than one inch (1") below the root-ball.

 

        9.      At the time of planting all nonbiodegradable string, twine, metal wiring and metal or plastic baskets shall be removed. In  the case of wire baskets, if it is not deemed feasible to remove the wire in its entirety, the upper third portion of the basket shall be removed with wire cutters as to minimize future root and root-collar injury.

        10.    Trees are to receive two to three inches (2-3") of shredded organic mulch. This mulch shall  be  spaced at least  six inches (6") away from the  trunk of the tree to allow for aeration.

        11.    All planting soil shall be backfilled containing parent soil, and shall be free from debris, other vegetation, and dirt clumps. Soil remediation will be required as necessary.

        12.    Each tree shall be given a slow and thorough soaking with at least five (5) gallons of water at the time of planting. Irrigation should continue throughout the first year after planting and as necessary thereafter.

        13.    Staking and guy wiring systems shall be provided when necessary and shall be considered a temporary apparatus. It is recommended that two inch by two inch (2" x 2") stakes be driven securely into the ground. Chain lock, binding tube and coco rope or similar products are to be used for the guying systems. Tree stakes and guyed wires if employed should be removed by the homeowner or contractor within one (1) year of planting or until the tree is established (refer to Planting Diagram).

        14.    Removal of all excess planting debris is required. The property shall be left in a neat and orderly condition in accordance with good and acceptable planting practices.

        15.    The varieties of cultivars and species of ornamental and evergreens selected for landscaping and screening purposes shall be subject to the review and recommendations of the Shade Tree Committee, especially to address such issues as health, safety, or environmental concerns.

        16.    Automated drip irrigation for trees shall be provided for all new developments containing three (3) or more trees.

        17.    The City Engineer or the Director of Public Works may at his or her discretion remove any tree, or parts thereof, deemed dangerous to the public safety.

        18.    Property owners are responsible for the care of all trees on their property and in the right-of-way adjacent to their property, up to and including the curbline. Should any tree interfere with utility wires or sight triangles, the Director of Public Works, other government agencies, or utility company shall have the authority to trim or otherwise alleviate the interference.

        19.    Except where existing utilities or other factors create unsuitable conditions, new street trees shall be planted within the area between the sidewalk and the curbline and outside of the sight triangles on all public streets and alleyways (refer to Diagram “A”).

        20.    Trees that cannot be placed adjacent to the street as required by subsection 25-1700.38.12.a.18 above, shall be placed in the front yard at least four (4’) feet from the rear edge of the sidewalk (refer to Diagram “A”).

        21.    Street trees shall be located twenty-five to thirty feet (25' to 30') on-center based on their mature height, canopy spread of the individual species, and existing trees on adjoining lots (refer to Diagram “A”).

 

a1700_diagramA2

LOCATION DIAGRAM "A"

 

        22.    Additional guidance regarding the locations for new street trees is illustrated on Diagram “B” and described below:

        (a)      At intersections, outside of the street or alley sight triangle (A); and on the approach to STOP signs, not within an area defined as ten feet (10') from the curb for a distance of thirty-five feet (35') along said curb from the intersection 

        (b)      Not more than fourteen feet (14') from the curbline (B)

        (c)      A minimum of five feet (5') from driveways (C) and fire hydrants (D)

        (d)     A minimum of ten feet (10') from utility and light poles (E)

        (e)      A minimum of two feet (2') from property lines (F)

        (f)      Between twenty-five to thirty feet (25'-30') on-center (G) considering the presence of existing trees and utility infrastructure.

 


Location Diagram “B”

 

        23.    Sidewalk cuts for tree planting shall be at least one foot (1') wider than the size of the rootball at the time of planting. Typical rootball measurements for various size trees are addressed within the American Standard for Nursery Stock (ANSI Z60.1-2004). Rootball diameters for field-grown shade trees up to three and one-half inch (3.5") caliper, and evergreen trees up to nine feet (9') in height, are indicated on the following table.

 

Rootball Standards

 

Shade Trees

Evergreen Trees (pyramidal, upright)

Caliper (In.)

Minimum Rootball Diameter (In.)

Height (Ft.)

Minimum Rootball Diameter (In.)

1.5

20

4

20

1.75

22

5

22

2

24

6

24

2.5

28

7

26

3

32

8

28

3.5

38

9

32

 

Source: American Standard for Nursery Stock (ANSI Z60.1-2004)

 

        24.    Persons planting street trees shall be aware of overhead wires and underground utilities. All persons are required to utilize state programs regarding utility markouts before digging.

        25.    All trees that were originally required as part of an application for development approval that have failed since original planting shall be replaced with City-approved plantings at cost to the property owner.

        26.    All existing street trees, when removed, shall be replaced with a new street tree except when the Approving Authority has determined that the location is not suitable for street trees, and a waiver has been approved.

       b.     Existing Street Trees.

        1.      Pursuant to the authority contained in N.J.S.A. 40:48-2:26, it is hereby declared to be the responsibility of the owners or tenant of lands lying within the City of Ocean City, to keep all trees growing within ten feet (10') of any roadway and within thirty-five feet (35') of any intersection of two (2) or more roadways, pruned and free of branches and leaves to a minimum height of twelve feet (12') above the gutterline of the road.

        2.      No portion of a tree or shrub twelve feet (12') in height or less shall overhang or encroach into a public alley.

        3.      All trees and shrubs must be pruned to provide a clear height of eight feet (8') above sidewalks, twelve feet (12') over residential streets, and fourteen feet (14') over arterial streets.

        4.      Where it is determined and documented by the Approving Authority that a tree or shrub cannot be pruned as required by this Ordinance, or that is deemed to be an obstruction, it may be removed.

        5.      It shall be unlawful as a normal practice, for any person, business, firm or City department to top any street tree, park tree, or other tree within the public right-of-way or on nonpublic property. Trees severely damaged by storms or other natural cause, certain trees under utility or other obstructions, or when pruning practices are impractical may be exempted from this Ordinance at the determination of the Director of Public Works or the City Engineer or their designee. Since topping irreversibly injures trees and, in the long term, creates hazardous conditions, persons that are found to have topped trees are subject to penalty, as outlined below.

       c.     Shrubs, Groundcover, Planting Beds.

        1.      Shrubs, evergreen trees, ornamental grasses and other plant material that will exceed twelve inches (12") in height shall not be allowed along curblines that front on a named street in Schedule B. (Ord. #17-23 §2)

        2.      Recommended on-center spacing for common groundcover plantings are indicated in the following chart:

Pachysandra terminalis

6-8" on-center

Vinca minor

6-8" on-center

Hedra helix

8" on-center

Cotoneaster

18" on-center

Euonymus fortunei

12" on-center

Erica & Calluna

12-18" on-center

Gaulthera

8-12" on-center

Arctostaphylos

12-18" on-center

Rubus calycinoides

18" on-center

Ajuga

6-12" on-center

Asarum

8-12" on-center

Chrysogonum virginianium

12" on-center

Geranium varities

12" on-center

Houttynia

12" on-center

Lamium maculatum

8" on-center

Sedum kamschaticum & spurium

6-8" on-center

Stachys lanata

6-8" on-center

Veronica 'Waterperry'

8-12" on-center

 

 

        3.      A minimum two inch (2'") layer of mulch is required between plantings to discourage weed growth, conserve moisture, control soil temperature and add organic matter to the soil.

        4.      With the exception of lawns and areas within the public right-of-way, planted areas adjacent to hard surfaces shall have wooden edges, raised borders, or similar structures to prevent soil washing over the adjoining paths.  All borders shall be anchored to prevent flotation at high tide or during storm events. Planting beds designed per the following illustration are recommended in this area.

 

bed border

Planting Bed Border

 

(Ord. # 12-03, §3; Ord. #17-23 § 2)

 

 

25-1700.38.13  Topsoil Protection.

       Topsoil protection shall be enforced according to requirements of Section 25-1700.39 of the Ocean City Code. Where necessary, topsoil temporarily stored shall be stabilized in conformance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended. (Ord. #12-03, §3)

 

25-1700.38.14  Trees and Shrubs Not Shown for Removal – Restrictions.

       No material or temporary soil deposits shall be placed within six feet (6') of any trees or shrubs designated to be retained on the approved landscaping plan. Where grading may be required, trees not shown for removal shall be walled-in and extension tiled to the dripline of the tree.  (Ord. # 12-03, §3)

 

25-1700.38.15  Removal of Dead Vegetation, Undesirable Trees and Planting Debris.

       a.     Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove all undesirable trees, stumps and other growth.

       b.     No healthy tree of eight inch (8") caliper or more, located  between the borders of the lot and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless, such removal is in accordance with a plan approved by the Planning Board or Zoning Board in consultation with the Shade Tree Committee.

       c.     Removal of all planting debris is required.  All properties shall be maintained in neat and orderly condition in accordance with good and accepted planting practices.

        1.      All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with the law.

        2.      No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development.

        3.      If trees and limbs are reduced to chips, they may be, subject to the approval of the City Engineer, Planning Board or Zoning Board, used as mulch in landscaped areas.

(Ord. # 12-03, §3)

 

25-1700.38.16  Cuts, Fills, Terraces and Roadway Slopes.

       Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the City Engineer, Planning Board Engineer or Zoning Board Engineer, as appropriate. All roadway slopes steeper than one foot (1') vertically to three feet (3') horizontally shall be planted with suitable groundcover plants combined with grasses and/or sod. (Ord. # 12-03, §3)

 

25-1700.38.17  Salvaging of Existing Plants and Tree Preservation.

       Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of this Ordinance provided that:

       a.     Subject to approval by the City Engineer, Planning Board or Zoning Board, each three (3) items of salvaged and/or relocated plant material may be considered equivalent to two (2) items of new plant material, and;

       b.     All such salvaged and/or relocated plant material shall be of a type, size, and quality acceptable to the City Engineer, Planning Board or Zoning Board and;

       c.     All such salvaged and/or relocated plant material shall be dug, transported, and replanted at a season of the year and using equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the City Engineer, Planning Board or Zoning Board and;

       d.     The developer has received the approval of the City Engineer, Planning Board or Zoning Board in consultation with the Shade Tree Committee of the items to be relocated and the schedule and methods of relocation prior to any work or salvaging and/or relocation taking place.

       e.     Trees and shrubs existing on land subject to the provisions of this chapter shall be preserved wherever feasible.  Criteria for judging the feasibility of retaining existing vegetation include:

        1.      The practicability of arranging site plan components around existing features.  In general, plans for groups of structures should be designed so as to preserve tree masses, individual tree specimens, and small stands of trees or shrubs;

        2.      The condition of the vegetation with respect to continued vitality;

        3.      The amount of healthy vegetation the area involved will support;

        4.      The practical and economic possibility of designing the location and grades of proposed structures and paving to preserve existing vegetation;

        5.      The desirability or lack thereof of a particular tree or species by reason of its appearance; historic or ecological significance; botanical characteristics; and the function the vegetation would fulfill as a site plan component;

        6.      Interference with utility services or encroachment into the traffic visibility triangle; and,

        7.      The possibility of preserving the vegetation while meeting the development needs through pruning rather than removal.

       f.     Existing trees that are preserved may contribute to the required landscaping, based on individual tree types.  For each shade tree that is preserved, which is greater than six inch (6") caliper, and is found on the approved list, the number of new shade trees to be installed shall be reduced by two (2) trees.  Shrubbery will be evaluated in the same manner as new trees based on the species. 

       g.     Substantial barriers shall be specified on the Landscape Plan and shall be placed at or beyond the drip line of trees to be protected.  These barriers shall remain in place during heavy construction on the site, and no vehicle, machinery, tools, chemicals, construction materials, or temporary soil deposits may be permitted within the barriers, nor may any notice or other object be nailed or stapled to protected trees.

       h.     Where trees are to be preserved in areas of cut or fill, specific grading measures or other protective devices, such as tree wells, tree walls, or specialized fill and pavement designs shall be required and shall be fully detailed on the Landscape Plan.

(Ord. # 12-03, §3)

 

25-1700.38.18  Performance Bond Required.

       Applicants or developers of any tract of land or building site shall be required to post a performance bond and maintenance bond pursuant to N.J.S.A. 40:55D-53 and as required herein to cover the cost associated with the approved landscaping plan.

       a.     The amount of the performance bond shall be set by the Planning Board Engineer, Zoning Board Engineer or the City Engineer, as appropriate, with the advice of the Shade Tree Committee.

       b.     It shall be posted before a construction permit is issued. The performance bond shall be released only after certification by the Planning Board Engineer, Zoning Board Engineer or the City Engineer, as appropriate and after consultation with the Shade Tree Committee that the total landscaping plan has been completed.

       c.     A Certificate of Occupancy shall not be issued by the Code Enforcement Official until all requirements of this Ordinance have been met as documented by a written report from the Planning Board Engineer, Zoning Board Engineer or the City Engineer, as appropriate.

(Ord. #12-03, §3)

 

25-1700.38.19  Maintenance Requirements.

       All trees, shrubbery, and plants which fail to survive for a period of twenty-four (24) months or are severely damaged within the 24-month period following certification shall be replaced with City-approved plantings by the builder at no cost or expense to the City or the Shade Tree Committee. Said replacement shall be made within sixty (60) days following written demand for such replacement from the City Engineer or Zoning Official, or within such extended periods as may be specified. If the developer refuses to do so, the City shall have recourse to the performance bond and/or maintenance bond to remedy their default. (Ord. # 12-03, §3)

 

25-1700.38.20  Waiver of Provisions.

       a.     If conditions upon the subject property at the time of planting will negatively affect the property or the survivability of street trees required by this Ordinance, a payment to the Shade Tree Fund in lieu of the trees in the amount prescribed in the City Fee Ordinance may be requested. The determination to accept or reject the request for an in lieu payment shall be by the approving authority considering the proximity, size, species and health of existing trees; the location of utilities including those underground, on the ground surface and overhead; and environmental factors including soils and flooding.

       b.     The Planning Board or Zoning Board, after favorable recommendation by the Board Engineer or Board Planner, and after examination and review, may waive fully or partially, provisions of this section, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.

(Ord. # 12-03, §3)

 

25-1700.38.21  Enforcement.

       The provisions of this Ordinance will be enforced by the City Engineer or Zoning Officer or their designee. Any person who wishes to report what he or she believes to be an unauthorized removal or replacement of trees should contact the Department of Community Service. (Ord. # 12-03, §3)

 

25-1700.38.22  Penalty.

       For any and every violation of the provisions of this ordinance, the applicant, subdivider, developer, owner, lessee, tenant, general agent or contractor of a building or premises where such violations have been committed or shall exist, shall for each violation, and for each and every day that such violation continues, be subject to a fine of one hundred ($100.00) dollars, but not more than one thousand two hundred fifty ($1,250.00) dollars. In addition to a monetary fine, the Administrative Officer may request and the Municipal Court may grant a specific performance penalty. The violator may be required to replace the trees that were removed or destroyed.  (Ord. # 12-03, §3)

 

25-1700.38.23  Bamboo Planting Prohibited; Containment and Removal.

       It is determined the bamboo plant is an invasive and not native plant and often difficult to control, and can and has caused significant damage to properties in the City of Ocean City.  The purposes of this subsection are to preserve and protect private and public property from the damaging spread of bamboo grasses and plants, to protect indigenous and other plant materials from the invasive spread of bamboo, and to maintain the general welfare of the residents of the City of Ocean City.

       a.     Prohibition.  No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of plant species commonly known as Running (monopodial) Bamboo or Clumping (sympodial) Bamboo, including but not limited to the following plant genera:  Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria upon any property located within the City of Ocean City.

       b.     Duty to Confine.  In the event any species commonly known as Running Bamboo or Clumping Bamboo is located upon any property within the City of Ocean City, prior to the effective date of this prohibition, (Ord. No. 14-32 was adopted 9-25-14) the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right-of-way.  In lieu of confining the species, the property owner or occupant may elect to totally remove the bamboo from the property, and all affected properties.  Failure to properly confine such bamboo shall require removal as set forth below.  The cost of said removal shall be at the bamboo property owner’s expense.  This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Code Enforcement Officer that the bamboo which is on his/her property at the time of the adoption of this Ordinance originated on another property.

       c.     Removal.

        1.      In the event Running Bamboo or Clumping Bamboo is present on the effective date of this prohibition (Ord. No. 14-32 was adopted 9-25-14) and a complaint is received by the City regarding an encroachment of any bamboo plant or root, and the Code Enforcement Officer of the City, after observation and/or inspection, determines that there is an encroachment or invasion on any adjoining/neighboring private or public property or public right-of-way (hereinafter, “the affected property”), the City shall serve notice to the bamboo property owner in writing that the bamboo has invaded other private or public property(s) or public right-of-way(s) and demand the removal of the bamboo from the affected property, and demand approved confinement against future encroachment or,  in the alternative, the total removal from the bamboo property owner’s property. Notice shall be provided to the bamboo property owner, as well as to the owner of the affected property, by certified, return receipt requested mail and regular mail.  Within forty-five (45) days of receipt of such notice, the bamboo property owner shall submit to the Code Enforcement Officer of the City, with a copy to the owner of the affected property, a plan for the removal of the bamboo from the affected property, which plan shall include restoration of the affected property after removal of the bamboo.  Within one hundred twenty (120) days of receipt of the Code Enforcement Officer’s approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Code Enforcement Officer of the City. 

        2.      If the bamboo property owner does not accomplish the removal of the bamboo from such other private or public property or public right-of-way in accordance herewith, the Code Enforcement Officer of the City of Ocean City shall cause a citation to be issued with a penalty up to $100.00 (subsection 25-1700.38.22) for each day the violation continues, enforceable through the Municipal Court of the City of Ocean City.  The Administrative Officer may request, and the Municipal Court may grant, a specific performance remedy.  The City may also institute civil proceedings for injunctive or civil relief.

        3.      Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a Court of proper jurisdiction, nor the institution of civil proceedings against the property parties. 

        4.      When an encroachment is upon public property or public right-of-way and the bamboo property owner and/or occupant has not complied with the written notice provided as set forth above, the City of Ocean City, at its discretion, may remove or contract for the removal of such bamboo from the City property or public right-of-way.  The cost of such removal shall be the responsibility of the bamboo property owner and occupant and shall be paid or assessed as a lien against the property on which the bamboo growth originated.  The cost of said removal from the City owned property and/or public right-of-way shall include the installation of an appropriate barrier to prevent future bamboo invasion.

       d.     Replanting Prohibited:  Any Running Bamboo or Clumping Bamboo either planted or caused to be planted or existing on the effective date of this regulation, (Ord. No. 14-32 was adopted 9-25-14) may not be replanted or replaced once such bamboo is or has become dead, destroyed, uprooted, or otherwise removed.

(Ord. #14-32)

 

 

Appendix A

Recommended Street Trees

(Subsection 25-1700.38.2)

 

Botanical Name

Common Name

General Purpose Trees

 

Acer pseudoplatanus

Sycamore Maple

Alnus glutinosa

European Alder

Betula nigra*

River Birch

Broussonetia papyrifera

Paper Mulberry

Carpinus betulas

European Hornbeam

Celtis occidentalis**

Common Hackberry

Chamaecyparis thyoides**

Atlantic White cedar

Ginkgo biloba

Maidenhairtree (male cultivars only)

Gleditsia triacanthos

Honeylocust

Lagerstroemia

Crapemyrtle (single trunk, tree-form only)

Liquidambar styraciflua**

American Sweetgum

Maackia amurensis

Amur Maackia

Morus spp., cvs.

Mulberry (fruitless cultivars only)

Nyssa sylvatica**

Black Gum

Prunus spp., cvs

Cherry, Plum (ornamental cultivars only)

Pyrus calleryana cvs.

Callery Pear (except Bradford)

Quercus alba**

White Oak

Quercus coccinea**

Scarlet Oak

Quercus falcate**

Southern Red Oak

Quercus imbricaria**

Shingle Oak

Quercus marilandica**

Blackjack Oak

Quercus palustris**

Pin Oak

Quercus phellos**

Willow Oak

Quercus prinus**

Chestnut Oak

Quercus stellata**

Post Oak

Quercus velutina **

Black Oak

Sassafras albidum**

Sassafras

Sophora japonica

Japanese Pagodatree

Taxodium ascendens

Pondcypress

Taxodium distichum*

Common Baldcypress

Tilia tomentosa

Silver Linden

Ulmus parviflora

Lacebark Elm

Trees for Special Locations

 

Oceanfront Blocks

 

Acer pseudoplatanus

Sycamore Maple

Alnus glutinosa

European Alder

Albizia julibrissin

Mimosa

Betula nigra*

River Birch

Celtis occidentalis**

Common Hackberry

Chamaecyparisthyoides**

Atlantic Whitecedar

Cupressocyparis Leylandii

Leyland Cypress

Cupressus arizonica

Arizona Cypress

Elaeagnus angustifolia

Russian-olive

Hibiscus syriacus

Rose-of-Sharon (tree-form only)

Hydrangea paniculata

Panicle Hydrangea (tree-form only)

Ilex opaca**

American Holly (narrow-growing cultivars only)

Juniperus chinensis

Chinese Juniper

Juniperus virginiana**

Eastern Redcedar

Lagerstroemia

Crapemyrtle (single trunk, tree-form only)

Populus alba

Silver-leaved Poplar (and other smaller growing Poplar selections)

 

Prunus caroliniana

Carolina Cherrylaurel (narrow-growing cultivars only)

 

Pyrus calleryana cvs.

Callery Pear (except Bradford)

 

Salix caprea

Goat Willow (tree-form only, and other smaller-growing Willows)

 

Tamarix ramosissima

Five-stamen Tamarix

 

Yucca thompsoniana

Beaked Yucca

 

Drought-Tolerant Trees

 

Sycamore Maple

Mulberry

Paper Mulberry

Cherry

Common Hackberry

Plum

Maidenhairtree

Callery Pear

Honeylocust

Oaks

Crapemyrtle

Japanese Pagodatree

Amur Maackia

Lacebark Elm

Wet-Tolerant Trees

 

Sycamore Maple

Black Gum

European Alder

Willow Oak

River Birch

Pondcypress

Atlantic Whitecedar

Common Baldcypress

American Sweetgum

 

Salt-Tolerant Trees

 

Sycamore Maple

Black Gum

Paper Mulberry

Cherry

Atlantic Whitecedar

Plum

Common Hackberry

Callery Pear

Maidenhairtree

Blackjack Oak

Honeylocust

Post Oak

Crapemyrtle

Sassafras

Mulberry

Lacebark Elm

 

 

25-1700.39  Topsoil Protection.

 

25-1700.39.1    Storage During Construction.

       Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended and subsequently redistributed to areas most exposed to view by occupants and the public; and to areas where landscaped open space is required.

 

25-1700.39.2    Redistribution.

       Topsoil moved during the course of construction shall be redistributed to provide at least six inches (6") of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this Section will be considered as being complied with.

 

25-1700.39.3    Removal Restrictions.

       No topsoil shall be removed from the site or used as spoil unless topsoil is remaining after all improvements have been installed in accordance with an approved site plan or subdivision map and has been redistributed in accordance with this paragraph.

       a.     Removal from the site is also bound by provisions of Section 25-1500.10 of this Ordinance.

       b.     Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of Section 25-1500.1.

       c.     At least forty-eight (48) hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the City Engineer and Construction Official.

 

25-1700.39.4    Additional Topsoil to Meet Standards.

       If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a six inch (6") minimum thickness.

 

25-1700.40  Traffic Control Devices.

 

25-1700.40.1    Responsibilities of Developer.

       The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the City Council, may pay to the City Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the City Engineer equal to the cost of all necessary traffic control devices not installed by the developer.

 

25-1700.40.2    Types of Devices.

       Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors, and channelizing markers.

       a.     The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, County, and State regulations.

       b.     Proposed devices shall be according to an approved plan submitted at the time of final plat approval.

 

25-1700.40.3    Construction Details.

       Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the City Engineer and approved by the City Council.

 

25-1700.41  Utility Installation.

 

25-1700.41.1    Installation Requirements.

       All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric and gas distribution, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way in accordance with Figure 11 "Typical Utility Layout" and "Typical Road Section"* or in such other configuration as set forth by the approving body, City Engineer, and utility companies where necessary and appropriately coordinated.

       a.     The installation of all underground utilities shall conform to the regulations of the New Jersey State Board of Public Utilities.

       b.     Installation of all utilities shall conform to the construction standards of the appropriate utility.

 

25-1700.41.2    Location of Utilities.

       Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in Section 25-1700.13 of this Ordinance.

       a.     All utility installation shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.

       b.     Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than fifteen feet (15') in width shall be provided and located in consultation with the utility companies and/or City departments concerned.

 

25-1700.41.3    Underground Installation Required for Major Subdivisions.

       For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's 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 then on file with the State of New Jersey Board of Public Utilities and shall submit to the municipal agency prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this Section; provided, however, that lots in such subdivisions which abut existing streets or public rights-of-way where overhead utility distribution supply lines have theretofore been installed on a portion of the streets involved, may be supplied with service from such overhead lines, or extensions thereof but the service connections from the overhead lines shall be installed underground.

 

25-1700.41.4    Required Underground Installations.

       In any event, new building service connections for all multi-family developments, and for any industrial, commercial, or office development containing a floor area of ten thousand (10,000) square feet or more, shall be installed underground. All other new service connections shall also be installed underground unless specific waiver is granted by the Planning Board.

 

25-1700.41.5    Procedure When State Permit Is Required.

       Where a State permit is required for utilities, the applicant shall submit said permit prior to any final approval or issuance of a Building Permit as determined by the Planning Board.

 

25-1700.42  Water Supply.

       The design and construction approval of all public and individual water supply systems (or extensions of existing systems) shall be under the jurisdiction of the New Jersey Water Company - Shore District Water Service.

 

25-1700.43  Satellite Television Antennas.

       a.     Satellite Television Antennas shall mean an apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit.

       b.     The use of satellite television antennas (hereinafter called STA) is permitted in all zones as an accessory use under and subject to the following regulations:

        1.      No more than one (1) STA is permitted on any residential lot.

        2.      No STA shall be located in a front yard.

        3.      STA installation shall be designed to withstand winds of one hundred (100) m.p.h. Prior to the installation of any STA, a certification that the proposed STA can withstand winds of one hundred (100) m.p.h. shall be submitted to the City of Ocean City by a Professional Engineer licensed by the State of New Jersey.

        4.      The maximum diameter of the STA shall not exceed ten feet (10').

        5.      Any STA shall be installed in such a manner as to minimize the visibility from the public street by locating the STA in the rear of the lot, and by appropriate screening.

        6.      No portion of an STA shall exceed the maximum building height restriction for the zone in which it is located; nor shall any portion of an STA encroach into the established side yard or rear yard setbacks for the zone in which it is located.

        7.      A Building Permit shall be obtained from the Construction Official of the City of Ocean City for installation of any STA.

 

25-1700.44  Solar Orientation Modifications.

            a.         Purpose. The purpose of this Section is to require new buildings to use solar energy, within the limits of practicability and feasibililty pursuant to N.J.S.A. 40:55D-65c, through the solar orientation of these buildings, and to protect the solar access of neighboring buildings in order.

        1.      To serve the best interest of the nation and Ocean City through the implementation of N.J.S.A. 40:55D-2(n) by providing for the maximum utilization of renewable energy resources, thus reducing the dependency on foreign sources of energy.

        2.      To postpone the need to increase the regional infrastructure of energy utilities such as oil, gas and electricity.

       b.     Modifications to Yard Requirements. In order to encourage and permit the use of solar energy for either passive or active solar systems, the minimum front, side and rear yard requirements may be modified to allow building alignments for best solar orientation, provided that such modifications meet the following criteria:

        1.      The modification is necessary to provide solar access;

        2.      The yard modifications shall not impair adequate access for fire protection;

        3.      The yard modifications do not decrease the amount of total usable yard area;

        4.      The minimum lot area requirements are met;

        5.      The developer submits a shadow plan showing that similar access of neighboring buildings is maintained as calculated for the period between 9:00 a.m. and 3:00 p.m. solar time on December 21st of each year (see Shading Requirements).

       c.     Solar Yard Modifications. Where buildings are aligned to achieve proper solar orientation, and the buildings are designed for solar collectors or positive solar heating, the narrowest point of any side, front or rear yard shall not be less than sixty-five percent (65%) of the minimum yard requirements in this Ordinance.

       d.     Front and Rear Yard Averaging. Where buildings are aligned to achieve proper solar orientation, the minimum front and rear yard requirements may be met by averaging the front and the rear yard width from one end of the building to the other end of the building, provided that no solar yard modifications are also employed in this modification.

       e.     Shading. No building over two and one-half (2 1/2) stories shall be erected which casts a shadow on any adjacent residential property or on any hotel, motel or rooming house property which shadow is greater than that cast by a residential structure two and one-half (2 1/2) stories in height. For this purpose, no portion of any building over two and one-half (2-1/2) stories may be higher than the following criteria allow:

        1.      The height of a building shall not penetrate an imaginary line formed by an angle of forty-one degrees (41º) from the horizontal, struck in a due east or west direction from any point twenty-three feet (23') above the property line; and further, said building height shall not penetrate an imaginary line formed by an angle of fifty degrees (50º) from the horizontal, struck in a due southerly direction from any point twenty-three feet (23') above the property line.

        This requirement shall apply to all properties which are adjacent to any residential, hotel, motel, rooming house or vacant property.

        2.      For purposes of calculating said imaginary line, whenever a lot fronts on an approved public street and/or alley, said angles may be calculated from the centerline of the street and/or alley upon which the lot has frontage.

 

25-1700.45  Landscaping Stones.

 

25-1700.45.1    Findings of Facts; Purpose.

       a.     When stones are used in lieu of grass for landscaping purposes, they present a potential hazard to the general public if located on the sidewalk, driveways, or walkways.

       b.     Ordinance 88-27 entitled, "The Zoning and Land Development Ordinance of the City of Ocean City", Section 25-1700.45 regulates the location and placement of landscaping stones for those projects requiring site plan approval and any other permits and/or approvals required from the City as appropriate.

       c.     It is determined to be in the best interests of the City of Ocean City to extend these requirements to all development within the City of Ocean City regardless of whether site plan approval is necessary with the Ocean City Planning Board.

       d.     The purpose of this Ordinance is to protect the public health, safety and general welfare by providing a safer sidewalk and walkway to the general public, and eliminating the risk of injury due to the placement and location of landscaping stones.

(Ord. #88-45, §1; Ord. #08-12, §7)

 

 

25-1700.45.2    Definitions.

       As used in this Section:

       Development shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure. (Ord. #88-45, §2; Ord. #08-12, §7)

 

25-1700.45.3    Restrictions on Landscaping Stones.

       a.     Subsequent to the effective date of this Ordinance landscaping stones on all development as defined herein, shall be regulated as follows:

        1.      No landscaping stone shall be located in that area between the sidewalk and curb;

        2.      Landscaping stone may be used in rear yard areas between the parking strips only, not adjacent to a public street, subject to the provisions contained in subsection 25-1700.45.3 of this Ordinance. 

        Landscaping stone shall not be permitted in the front yard and/or side yard.

        3.      All stones shall be placed over filter fabric and any use of plastic or other impermeable material as a weed barrier is prohibited.

        4.      Stone size shall be between one inch (1") and three inches (3") in diameter.

(Ord. #88-45, §3; Ord. #89-8, §8; Ord. #08-12, §7; Ord. #09-28, §8)

 

 

25-1700.45.4    Penalties.

       Any person who violates the provisions of this Ordinance shall be subject to a fine not to exceed five hundred dollars ($500.00) and/or imprisonment not to exceed ninety (90) days. Each day may be considered a separate violation of this Ordinance. (Ord. #88-45, §4; Ord. #08-12, §7)

 

DIAGRAM "A"

 

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*Editor's Note:  Former subsections 25-1700.5.1 and 25-1700.5.2, previously codified herein, were repealed by Ordinance No. 94-16.

* Editor's Note: The "Schedule of Street Design Standards" referred to herein may be found within Section 25-1700.34.6.

*Editor's Note: Figure 11, referred to herein, may be found on file in the office of the City Clerk as part of Ordinance No. 88-27.

ARTICLE 1700 DESIGN STANDARDS AND IMPROVEMENT SPECIFICATIONS
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