A. General Provisions

1. All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code as adopted by the Borough of Little Silver.

2. All signs to be erected, inscribed, installed, replaced or altered shall require a sign permit except permitted signs for private residences, permitted window signs and temporary signs, and name plate signs not exceeding two (2) square feet in size. Application for such sign permit shall be made in the same manner as applications for non-residential building permits for the erection or construction of buildings. The application fee for such permit shall be $100.00. All sign applications shall be approved by the Planning Board. Any variance from the provisions of this section shall be reviewed by the Planning Board in accordance with N.J.S.A. 40:55D-70 (c).

3. The maximum height for free standing or projecting signs, unless otherwise provided, shall not exceed twelve (12) feet above ground level.

4. All signs shall be located within the building line of the property, unless otherwise specifically provided.

5. No permanent marquees or canopies shall extend over a required front yard or over a public walk.

6. Official signs erected by the Borough, County, State or Federal Government shall be permitted in all districts.

7. One free standing sign for identification shall be permitted for- schools, churches, hospitals or similar institutions, permitted clubs and lodges and businesses, provided that the area shall not exceed twenty-five (25) square feet in size. Each freestanding sign may have one telephone number listed on each face of the sign.

8. Flood lights shall not be located more than twelve (12) feet above ground level and shall be so placed and shielded as to prevent any glare or blinding effect upon any lane of moving traffic.

9. No sign shall be located in such a manner as to materially impede the view of any street or intersection.

10. No signs except window or special event signs shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.

11. Signs placed in windows are permitted subject to the following provisions. Except for "For Rent" and "For Sale" signs, any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event of sale for which it was erected or posted, whichever shall have occurred sooner.

Not more than 15 percent of the square footage of any single window or single window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view. No window signs shall span several windows.

12. The bottom of all projecting signs must be at least eight (8) feet above ground level, but shall not be above the first floor ceiling line. The top of projecting signs shall not extend above the eaves of the roof. Projecting signs shall be at right angles to the building and the outermost point of the sign shall not be more than five (5) feet from the side of the building.

13. Internally illuminated signs in accordance with the following standards:

a. All outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets and driveways, residences, and overhead sky glow.

b. No lighting source (the bulb) shall be visible from windows, streets and driveways, nor shall lighting be a nuisance by shining directly into, or reflecting into windows or onto streets and driveways where the light may interfere with driver vision.

c. No lighting shall be of a yellow, red, green or blue beam nor be a rotating, pulsating or other intermittent frequency.

d. The intensity of light and the shielding, direction and reflection of lighting and similar characteristics shall be subject to site plan approval by the Approving Authority.

e. Lighting for sign shall not extend beyond property line.

f. Shall not produce a glare.

g. Lighting intensity in the immediate area of the sign shall not exceed 20 footcandles.

B. Maintenance

If a Borough Official shall find that any sign is unsafe, insecure or in need of repair, or is not maintained in proper painted condition, that Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within thirty (30) days after such notice, such sign may be removed in order to comply, by the Official at the expense of the permittee or owner of property on which it is located.

C. Prohibited Signs

1. No rotating beam of flashing illumination shall be used in connection with any sign.

2. Signs with any lighting or control mechanism which may cause radio or television interference.

3. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, door or opening used as means of egress or ingress, or for fire fighting purposes, or placed so as to interfere with any opening for ventilation required by law.

4. Signs utilizing the colors red or green in their illuminations when the signs are placed within fifty (50) feet of a street intersection.

5. Any sign which is of such a form, character or shape as .to confuse or dangerously distract the attention of a motor vehicle.

6. Any advertisement that uses a series of two or more signs or units, placed in a line parallel to the street, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.

7. Signs which in any way simulate official directional or warning signs erected or maintained by the State of New Jersey, Monmouth County or Borough , or by any railroad, or public utility or similar agency concerned with the protection of the public health or safety.

8. Pennants, multi-color streamers or banners, except during a ten (10) day period following the commencement of business by a new owner or tenant.

9. Signs, which rotate or move or which have rotating or moving parts.

10. Signs which are above the parapet of a building.

11. Signs which are attached to utility poles or trees.

12. Signs which advertise that real estate has been sold or rented.

13. Neon signs.

14. Signs with rolling messages.

15. Signs containing multiple phone numbers. (one phone number per sign shall be permitted.

16. Signs containing description of services provided or promoting identification other than the building name or location that exceed two (2) line and/or eight (8) words, excluding telephone numbers.

17. Signs containing advertising.

D. Permitted Sins In Residential Zones

1. Signs to identify a permitted professional use or the occupant of a residence, and trespassing signs, or signs indicating the private nature of a driveway or premises, provided that the area of any such sign shall not exceed two (2) square feet, shall not exceed four (4) feet in height above ground level, shall not be artificially lighted and shall be situated within the property lines of the premises it identifies.

2. One (1) non-illuminated temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area of any such sign shall not exceed three (3) square feet, shall not exceed four (4) feet in height above ground level and that it shall be removed within thirty (30) days after consummation of a lease or sale transaction and further provided that the words "For Sale" or "For Rent" or similar words must be the largest wording on the sign.

3. One free standing sign for each major subdivision, provided such sign shall not exceed twenty (20) square feet in area and shall not exceed eight (8) feet in height. Any sign remaining in the area after all work on the subdivision is completed shall not exceed four (4) square feet and shall not exceed eight (8) feet in height above ground level.

(a) One (1) non-illuminated temporary directional sign for each major subdivision may be placed in accordance with the restrictions on signs set forth in this Section. For the purposes of this Section, "Temporary Directional Sign" means one (1) temporary sign that solely indicates the residential subdivision, or a portion thereof, is for sale and provides directions to the property.

All temporary directional signs are subject to the following conditions:

1) Size. The area of the sign shall not exceed three (3) square feet in size.

2) Height. The vertical distance measured from ground level to the highest point of such sign or sign structure or other support shall not exceed four (4) feet.

3) Application required. A properly completed Development Permit Application with location and written permission of the owners of the property on which the sign shall be located is required. In addition, a $10.00 temporary sign fee shall accompany each Application.

4. No more than one permanent sign per lot shall be permitted unless otherwise specified, for each use permitted in this zone.

E. Permitted Signs In Nonresidential Zones

1. Each nonresidential use may have a wall sign on the front of the building, not exceeding a total of ten (10) percent of the front building face area; including all doors and windows, but excluding the roof, and not exceeding thirty (30) square feet in area.

2. Each commercial building may have:

(a) One (1) projecting sign not exceeding five (5) percent of the front building face area, with a maximum sign area of twenty-five (25) square feet; or

(b) One (1) free standing sign not exceeding a sign area of twenty-five (25) square feet.

3. The overall sign area of all signs shall not exceed fifteen (15) percent of the front building face area, including all doors and windows.

4. Where a nonresidential structure is located at the intersection of two (2) streets, or a street and a parking lot, an additional wall sign may be erected or inscribed, upon the side wall, provided that such wall Sign does not exceed five (5) percent of the face area of the front of the building.

5. Where the rear of a non-residential structure adjoins a parking area or public access to a street, a wall sign not exceeding ten (10) square feet may be erected or inscribed, provided the total sign area of the premises does not exceed fifteen (15) percent of the face of the building. However, where a public entrance exists at the rear of a non-residential structure, a wall sign not exceeding two square feet and stating the name of the premises only may be erected or inscribed, which shall not be counted toward the fifteen percent limitation imposed in this subsection.

6. One temporary sign advertising the sale or rental of real estate on which it is located shall be permitted, provided that the area on one side of such sign shall not exceed an area of twenty-five square feet.

7. Directional and trespassing signs may be permitted on the premises, however no such sign shall exceed six (6) square feet in area.

8. No free standing sign shall be erected, installed or maintained nearer than fifty (50) feet from the boundary of any residential zone unless such free standing sign is of a size and type permissible in a residential zone and unless the illumination, if any, of such sign is from within and of such intensity and so directed as not to cause a nuisance to adjacent property owners.

9. Permitted signs shall be limited to a maximum number of one (1).

10. Where a free-standing gang sign displaying tenants located in that particular structure has been erected no individual tenant signs shall be erected.

F. Special Event Sins

1. Civic groups or service organizations may erect a temporary sign prior to a special event provided that permission is granted by the Mayor and Council.

2. Any business, industrial or professional user shall be allowed to erect advertising material which conforms to the requirements of Section 8.26 for a period not to exceed a total of fourteen days during each calendar year. Approval of temporary signs shall be required by the Zoning Officer upon submission of a completed sign application together with a scale drawing clearly showing the dimensions and location of the temporary sign.

3. Temporary residential real estate open house signs may be placed in accordance with the restrictions on -signs set forth in this Section. For the purposes of this Section, "Residential Real Estate Open House Sign" means a temporary sign that solely indicates that residential property, or a portion thereof, is for sale, lease, or rent and provides directions to the property and "open house" information. All temporary residential real estate open house signs are subject to the following conditions:

1. Size. The total face area of the signs shall not exceed two (2) feet by two (2) feet in size.

2. Height. The vertical distance measured from ground level to the highest point of such sign or sign structure or other support shall not exceed three (3) feet.

3. Local address. Signs shall only advertise a residence in the Borough of Little Silver.

4. Limit. No more than three (3) temporary residential real estate open house signs per property for sale, lease or rent shall be posted and is limited to one (1) open house sign and not exceeding two (2) directional signs.

5. Type. Signs shall be mounted either on stakes placed in the ground or with an A-frame support of sufficient weight so that the sign remains upright when mounted. Signs and any supporting structures shall be maintained in good condition at all times and shall be constructed out of quality materials normally used in professional signage. No balloons or flags or similar devices may be affixed to the sign.

6. Time. Signs shall only be displayed during the "open house" and only on Sundays (or federal or state holidays) not earlier than 11 A.M. and must be removed no later than dusk or 6 P.M., whichever occurs first.

7. Application required. A properly completed Development Permit Application with locations and written permission of all property owners of property on which signs are to be located is required. In addition, a $10.00 temporary sign fee shall accompany each Application. Applications shall be submitted at least 10 days in advance of the open house.

8. Penalty. Violation of this Ordinance for failure to obtain a permit or failure to remove the signs in a timely manner shall be subject to a fine of $250.00 for the first violation with escalating penalties up to $2,000.00 for subsequent violations.

**Webmasters Note: Section 8-26 has been amended by Rev. Ord. Supp. 4/09.

Solid wastes from all uses other than single or two family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area subject to the following minimum standards:

A. The screened refuse area shall not be located within any front yard area

B. The refuse storage area shall be surrounded on three (3) sides by a solid uniform fence or wall not less than five (5) feet nor more than eight (8) feet in height. Such fence shall be exempt from the provisions of any ordinance of the Borough regulating the height of fences and requiring permits therefor.

C. A five (5) foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Planning Board approval.

D. The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.

E. 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.

F. The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

G. All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on-site except in a refuse area meeting these requirements.

H. 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 Planning Board 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 for solid waste are proposed.

A. General Requirements. All development shall have a stormwater management plan. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.

B. Storm Drain Pipe. All storm drain pipes shall be reinforced concrete pipe conforming to ASTM designation C-7, reinforced concrete area culvert conforming to ASTM designation C-506 or, of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe. Generally, concrete 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. No concrete pipe may be laid on grades exceeding ten percent (10%). Concrete pipe below thirty (30) inches (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications. Concrete storm drain pipes, thirty (30) inches or larger in diameter will be jointed using a preformed bituminous mystic pressure-type joint sealer or rubber-ring-type or other equivalent approved joint. All storm drains shall be tangent between inlets, manholes or other structures. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. 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. 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. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

C. Inlets and Manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

D. Headwalls. All pipe terminations shall be provided with poured concrete headwalls or precast concrete end sections in accordance with the approved final plat. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance, with the Standard Construction Details.

E. Inlet and Manhole Location.

1. In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed four hundred (400) feet.

2. 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.

3. In general, surface flow length, for flows of four (4) or more cubic feet per second, on paved surfaces shall not exceed four hundred (400) feet, provided that: a) Gutter flow widths on local and. local collector streets shall not exceed eleven (11) feet, or such narrower width as may be necessary to provide a twelve (12) foot wide clear lane in the center of the roadway. b) Gutter flow widths on minor collector streets shall not exceed nine (9) feet, or such narrower width as may be necessary to provide two twelve (12) foot wide clear lanes in the center of the roadway. c) Gutter flow widths on major collector streets without shoulders shall not exceed five (S) feet, or such narrower width as may be necessary to provide four ten (10) foot wide clear lanes in the center of the roadway. d)Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas. e)Swale gutter flow widths in parking areas shall not exceed five (5) feet.

4.Maximum design capacities which may be used to determine actual inlet location and spacing are:

Not in Sump Conditions

Type B

Type E (in paved areas)

Type E (in yard areas)

In Sump Conditions

To be individually designed

4 cubic feet per second

4 cubic feet per second

1.5 cubic feet per second

5.Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

6.Generally, sufficient inlets will be placed to eliminate any flaw exceeding two (2) cubic feet per second across any intersections.

7. 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 (6) inches at any point calculated for the 25 year design storm event.

F. Type of Inlets and Manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B in accordance with N.J.A.C. 5:21-7.4 and all yard inlets shall be Standard Type E; all manholes shall be New Jersey Department of Transportation standard four (4) foot diameter, unless a larger diameter is necessary.

G. Open Channels.

1. Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Borough Engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design width of the channel section segment plus twenty-five (25) feet rounded to the next highest five (5) foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five (5) feet. Excess velocity, if any, as determined by the Borough Engineer, in open channels must be controlled by sod, rip-rap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of eight hundred (800) feet or be adequately paved or rip-rapped.

2. Generally, unlined open channel cress-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 to (2) feet. Lined open channel side slopes shall not be steeper than two to one (2:1).

3. 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.

4. 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.

5. All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more will be provided with a low flow channel using gabions, rip-rap, lining, other arrangements approved as part of the final plat submission.

H. Minimum Basis for Calculations.

1. Design Storm Frequency a) For closed conduits, the twenty-five (25) year storm event; or if the above results in a conduit size at least equivalent to a forty-eight (48) inch reinforced concrete pipe, then fifty (50) year storm event shall be used. b) For open channels, twenty-five (25) years; of if the tributary area exceeds ten(10) acres, then one hundred (100) years. The flooding limits for storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat. c) For detention facilities, a twenty-four (24) hour flood with a return period not less than one hundred (100) years. d) For retention facilities, double the capacity obtained by applying the requirements for detention facilities. e) For gutter flow calculations, ten (10) years for local, local collector and minor collector streets, twenty-five (25) year for major collectors and minor arterials and fifty (50) years for principal arterials.

2. Runoff Calculations: Runoff determinations should be made using the rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. 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 0.15 - 0.30 and land conservation

Low density residential 0.30-0.45

Medium density residential0.40 - 0.60

High density residential 0.55 - 0.70

Commercial and industrial0.60 - 0.90.

Pavements, roadways, shoulders 1.00

3. Velocity Restriction: a) In general, velocities in closed conduits at design flow should be at least two (2) feet per second, but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall net be less than one-half (1/2) foot per second and not greater thin that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels the maximum velocity allowed will be two (2) feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the Planning Board 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 transition. These provisions may include rip-rapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of forty (40) cubic fast per second or more, tailwater depth and velocity calculations shall be submitted.

4. Design Formulas and Friction Factors: In general, the Manning formula will be used by the Planning Board to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of twelve-thousandths (0.012) will be used for nonporous concrete pipe; a factor of twenty-thousandths (0.020) will be used for fully coated corrugated metal pipe with paved invert. Commensurate factors will be used for other pipe type or shapes. A friction factor (n) not less than twelve-thousandths (0.012) will be used for fully lined concrete channels; a factor not less than twenty-five thousandths (0.025) will be used for good earth channels and a factor not less than one hundred thousandths (0.100) will be used for fair to poor natural streams and water courses. Commensurate factors will be used for other channel types.

5. All drainage facilities carrying runoff from tributary areas larger than one-half () square mile must have the approval of the New Jersey Division of Water Policy and Supply.

6. All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply 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.

7. All non-pipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or ether approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

8. Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing forty-eight (48) inches 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 (4) feet, or the channel would be expected to have a depth of flow greater than two(2) feet more often than once every ten (10) years. For maintenance purposes, gates may be required by the Planning Board at approximately two hundred (200) foot intervals.

9. 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 stormwater, runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.

10. 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.

11. Whenever sump conditions occur an analysis shall be made of the effect of the occurrence of a major storm having at least 100-year return frequency. The effect of such 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. Outfall structures shall be designed with removable aluminum safety grating for inlet orifices.

I. Special Drainage Provisions

1. The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the 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.

2. Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:

a) The utilization of the natural drainage system to the fullest extent possible.

b) The maintenance of the natural drainage system as much as possible in its unimproved state.

c) When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other actions.

d) The construction of flow retarding devices, detention areas and recharge berms to minimize runoff value increases.

e) Maintenance of the base flew in streams, reservoirs and ponds.

f) 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.

3. All developments or portions or total schemes of development which, based upon the preliminary plat submission, total fifteen (15) or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than one hundred fifteen percent (115%) of the runoff from the site in its undeveloped state. 'The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff limiting devices inadvisable or impractical.