A.
General. All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the municipal agency and Borough Engineer, and with all
other applicable municipal, county, state and federal regulations.
Should improvements be required which are not provided for within
the particular sections of this chapter, they shall be designed and
constructed in accordance with good engineering practice and recognized
design standards. The developer (or his engineer) shall submit detailed
design calculations and construction specifications in each such instance.
Prior to the initiation of such specialized design, the particular
standards to be utilized shall be submitted for review by the municipal
agency and Borough Engineer.
B.
Standard specifications and construction details. 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as modified, supplemented, amended or superseded by the requirements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 chapter, by the approved final plat, by particular agreement
among the municipal agency, Borough Council and subdivider or by other
applicable municipal, 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 chapter by reference and will not be herein repeated. It is the
responsibility of all developers to familiarize themselves with these
standards, copies of which may be examined at the offices of the Borough
Engineer and may be obtained, upon payment of the cost thereof, from
the New Jersey Department of Transportation. The requirements of this
chapter, of an approved final plat or of particular agreements and
conditions of approval and of applicable municipal, 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 Borough adopt, subsequent to the effective date
of this chapter, particular and specific Standard Construction Details
for the Borough, they shall govern and prevail over the Standard Construction
Details of the New Jersey Department of Transportation previously
referred to.
A.
Objectives. All site plans and subdivision plats shall conform to
design standards that will encourage desirable development patterns
within the Borough. 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. The streets, drainage
rights-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 plans and subdivision plats.
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 municipality
and the enhancement of the public welfare.
B.
Responsibility for design. Within the criteria established by and
subject to the review and approval of the municipal agency, 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. The standards set forth
in this chapter shall be taken to be the minimum necessary to meet
its purposes as set forth elsewhere herein. The responsibility of
the municipal agency 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 chapter
and the Borough Master Plan. The municipal agency may employ professionals
in various disciplines to advise and assist it in its determinations.
Any decisions of the municipal agency regarding the suitability or
sufficiency of any design proposal, taken upon advice of its professionals
and subject to the provisions of this chapter, shall be deemed conclusive.
C.
Design data. 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 studies and traffic projections,
surveys, reports and similar design data. 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 municipal agency and its employees
and professional consultants for the purpose of reviewing the proposed
design. Should the municipal agency 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. Until the applicant supplies such
information, no submission under the provisions of this chapter shall
be termed complete. 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.
D.
Design standards. 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
Borough Engineer, prior to beginning his detailed design, for review
and approval of his proposed design standards. Standards utilized
should generally be nationally recognized and in common use in this
area. Design standards may not be utilized if they do not have the
approval of the Borough Engineer.
E.
Waiver of requirements. 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.
The municipal agency may consider and, for cause shown, may waive
strict conformance with such of these detailed design standards as
it sees fit. Any developer desiring such action shall present with
his application for development a listing of all such waivers desired,
together with the reasons therefor.
F.
Within any area of the Borough designated as a Transit Village, the design standards in Attachment 6 of Chapter 490[1] shall apply.
[Added 9-25-2019 by Ord.
No. 2019-63]
[1]
Editor's Note: Attachment 6, Design Standards Within the Transit Village, is included as an attachment to this chapter.
A.
The block length, width, and acreage within bounding roads shall
be such as to accommodate the size and dimensions of lots required
for the zoning district by this chapter and to provide for convenient
access, circulation control, and safety of vehicles and pedestrians.
B.
Block lengths may vary between 400 feet and 2,000 feet, but blocks
along other than local or collector streets shall not be less than
1,000 feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide containing a
sidewalk of four feet or greater in width and fenced on both sides
may be required for blocks longer than 1,000 feet, from the ends of
the culs-de-sac to adjacent streets and elsewhere as required by the
public convenience, including the provision of walks giving access
to schools, playgrounds and shopping centers without the necessity
of crossing traffic thoroughfares.
A.
Buffer areas. All uses, other than single-family detached and two-family
detached dwellings and their accessory uses (except as otherwise provided
in this chapter), shall provide fifteen-foot-wide buffer areas along
all side and rear property lines which abut areas zoned residentially
or used for residential purposes (including single-family detached
and multifamily dwellings) and along front property lines on local
or collector streets which abut areas zoned or used for such residential
uses.
(1)
If a home professional office, home occupation or an accessory use
to a single-family detached dwelling requires five or more off-street
parking spaces, the municipal agency shall consider the need for a
buffer area and may require that buffer areas of 15 feet in width
be provided along side and rear property lines adjacent to such accessory
use and/or off-street parking.
(2)
If a proposed single-family detached subdivision abuts a collector
or arterial highway or an area zoned for or occupied by other uses,
the municipal agency shall consider the need for buffer areas and
may require:
(a)
That a buffer strip not exceeding 50 feet in width be provided
and maintained in its natural state and or suitably planted with screening
and landscaping; or
(b)
That the adjacent lots front on an interior street and have
a depth of at least 200 feet with suitable screening and landscaping
planted at the rear; or
(c)
That other suitable means of separation be provided.
(3)
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
(4)
No structures, activity, storage of materials or parking of vehicles
shall be permitted within the buffer area, except that, where permitted
by the municipal agency, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
B.
Screening. Within buffer areas required by Subsection A of this section, there shall be provided screening in accordance with the following:
(1)
All planted materials shall conform to the current American Standard
for Nursery Stock sponsored by the American Association of Nurserymen,
Inc. Evergreen trees and/or shrubs shall be of a type acceptable to
the municipal agency and shall generally conform to the type categories
shown on a list of suggested trees and shrubs available from the administrative
officer (the designations Type A, B, etc., refer to such list).
(2)
Where all proposed structures, drives, parking areas and other improvements
on the site being developed are at least 35 feet from the property
line abutting a residential zone or use, the required screening shall
be:
(3)
Where all proposed structures, drives, parking areas and other improvements
on the site being developed are at least 35 feet from a property line
abutting a residential zone or use, and where the municipal agency
determines that only screening of moderately sized parking areas (not
exceeding 25 vehicles) or screening of other site improvements of
moderate height is indicated, the required screening shall be:
(4)
(a)
At least 15 feet wide.
(b)
(c)
When the municipal agency determines it to be necessary or desirable,
supplemented with suitable barrier-type plantings in order to create
an obstruction to physical passage in addition to a visual barrier.
(d)
When the municipal agency determines that it is necessary or
desirable, supplemented with suitable barrier-type plantings such
as laland firethorn (pyracantha coccinea laland), wintergreen barberry
(berberis julianae) or oregon hollygrade (mahonia aquifolium) in order
to create an obstruction to physical passage in addition to a visual
barrier.
(e)
When the municipal agency determines it desirable, arranged with a six-foot-high timber stockade fence along the outside of the required screening strip (in accordance with § 490-91 of this chapter) prior to commencing construction on the site. In such case, the required height of all plant material may be reduced by 33.3%. The timber stockade fence shall be maintained in good condition by the developer as long as it exists or until such time as the evergreen trees have grown to a minimum height of 10 feet, at which time the developer may remove the stockade fence in lieu of maintaining it.
(5)
Where suitable trees exist within a screening area, they should be
retained and supplemented with shade-tolerant evergreen trees to provide
the equivalent of the required screening as determined by the municipal
agency.
(6)
The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residentially zoned properties.
Where the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residentially zoned property, the municipal agency may require the
height of trees planted in the required screening strip be increased
by an amount equal to the difference in elevation. Where the average
ground elevation of the location at which the screening strip is to
be planted is greater than the average ground elevation at the nearest
required rear, side or front setback line on the abutting residentially
zoned property, the municipal agency may permit the height of trees
planted in the required screening strips to be decreased by an amount
equal to 1/2 the difference in elevation, except that in no case shall
the required height be reduced to less than four feet.
(7)
All trees in a screening area shall be watered as required through
the first growing season. The developer shall construct a six-inch-deep
saucer around each tree to hold water and fill with wood chips or
suitable mulch. Trees shall be nursery grown, balled and burlapped,
shaped, of the required height and planted according to accepted horticultural
standards.
(8)
At the following locations within required screening areas, Type
D evergreen shrubs with a maximum mature height of 30 inches or less,
approved by the municipal agency as to specie, location and spacing,
shall be provided in lieu of the evergreen trees specified above:
(9)
Waiver. The municipal agency, after favorable recommendation by the
Borough Engineer, 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.
C.
Landscaping.
(1)
Topsoil preservation. No topsoil shall be removed from the site or
used as spoil, except excess topsoil remaining after all improvements
have been installed in accordance with an approved site plan or subdivision
map after topsoil has been redistributed in accordance with this subsection.
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 and all lawn
areas shall be covered by a four-inch minimum thickness of topsoil.
If sufficient topsoil is not available on the site, topsoil meeting
the requirements of the Standard Specifications shall be provided
to result in a four-inch minimum thickness. At least 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 Borough Engineer
and Construction Official.
(2)
Protection of trees. No material or temporary soil deposits shall
be placed within six feet 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.
(3)
Removal of debris. All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to the approval of the Borough
Engineer, be used as mulch in landscaped areas.
(4)
Slope plantings. Landscaping of the area of all cuts or fills and
terraces shall be sufficient to prevent erosion and shall be approved
by the Borough Engineer and municipal agency. All roadway slopes steeper
than one foot vertically to three feet horizontally shall be planted
with suitable cover plants combined with grasses and/or sodding. Grasses
or sodding alone shall not be acceptable.
(5)
Selective thinning. 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. The developer
shall, in accordance with overall site development and his proposed
landscaping scheme, provide cleared, graded and drained pathways approximately
four feet wide through all public or quasi-public open space in heavily
wooded areas. Such pathways should be sited to conform to the existing
natural conditions and should remain unobstructed. They are not intended
to provide easy access through open space areas.
(6)
Additional trees in single-family subdivisions. Besides the screening
and shade tree requirements, additional trees shall be planted throughout
the subdivision in accordance with a planting plan approved by the
municipal agency at time of final approval. The number of trees planted
shall be not less than 10 per acre, calculated on the basis of the
entire subdivision tract. The variety of plantings may vary from those
listed under shade tree requirements and may include flowering types
and/or evergreens, not exceeding 30% of the total plantings.
(7)
Additional landscaping for uses other than single-family. In conjunction
with all uses other than single-family homes, all areas of the site
not occupied by buildings, pavement, sidewalks, required screening,
required parking area landscaping, required safety islands, or other
required improvements shall be landscaped by the planting of grass
or other ground cover acceptable to the municipal agency and a minimum
of two shrubs and one tree for each 250 square feet of open space.
(8)
Trees shall be planted with a minimum caliper of three inches (measured
six inches above ground level).
[Amended 12-12-2018 by Ord. No. 2018-39]
(9)
Waiver. The municipal agency, after favorable recommendation by the
Borough Engineer and Environmental Commission, if established, 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.
(10)
Specifications. All planting, clearing, selective thinning,
topsoiling, seeding and other landscaping work shall conform to the
applicable requirements of the Standard Specifications.
(11)
Landscaping plan. The placement of landscaping shall be in accordance
with a landscaping plan submitted with the final plat.
(12)
Relocated plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of Subsection C(6) and (7) of this section, provided that:
(a)
Each three items of salvaged and/or relocated plant material
shall be considered equivalent to two items of new plant material;
and
(b)
All such salvaged and/or relocated plant material shall be of
type, size and quality acceptable to the Borough 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 a schedule
and equipment, methods and materials conforming to the requirements
of the Standard Specifications and subject to the approval of the
Borough Engineer; and
(d)
The developer has received the approval of the Borough Engineer
of the items to be relocated and the schedule and methods of relocation
prior to any work of salvaging and/or relocation taking place.
D.
Shade trees.
[Amended 8-9-2017 by Ord.
No. 2017-20]
(1)
In
each nonexempt development application, the developer shall plant
between the sidewalk and right-of-way line proper shade and/or decorative
trees of a type, size and in a location approved by municipal agency
at a maximum distance of 50 feet between trees. The minimum distance
between such trees planted shall be 40 feet. Planting sites shall
be indicated on the development plan. The total number of shade trees
required for each nonexempt development application shall be one tree
per each 50 feet of lot frontage on a public right-of-way with any
fractional requirements rounded up. For example, a development application
with 51 feet of lot frontage requires two shade trees. This requirement
can be met through any combination of existing shade trees, new shade
trees, or through the posting of a fee of $500 per tree into the Red
Bank Shade Tree Trust Fund,[1] as approved by the municipal agency. Any required postings
into the Shade Tree Trust Fund shall be made prior to the issuance
of a development permit. All nonexempt development applications shall
be forwarded to the Borough Shade Tree Committee for its review and
recommendation to the municipal agency.
(2)
All
trees planted in accordance with the provisions of this section shall
be placed in a proper manner and in a good grade of topsoil and within
the area of the tree well at the point where the tree is planted.
In the event that any individual person or group of individual persons
desire to plant a tree or trees in a tree well or within the jurisdiction
of the Borough Department of Public Utilities, such person or persons
may do so, provided that they conform to the provisions of this chapter,
and further provided that permission of the Shade Tree Committee or
the Director of the Department of Public Utilities or his/her designee
is obtained.
(3)
All
shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown, or of substantially uniform size and shape,
and shall have straight trunks. Ornamental trees need not have straight
trunks, but must conform in all other respects with the provisions
for trees and tree plantings outlined in this chapter.
(4)
All
trees planted pursuant to this chapter shall be planted in a dormant
state or at other times only subject to the approval of the Shade
Tree Committee or the Director of the Department of Public Utilities
or his/her designee.
(5)
Subsequent
or replacement plants shall conform to the type of existing trees
in a given area, provided that if any deviation is anticipated, it
must be done only with the permission of the Shade Tree Committee
or the Director of the Department of Public Utilities or his/her designee.
(6)
A
hole in which a tree is to be planted shall be in each case 1/3 larger
in width and in depth than the existing root ball of the particular
tree to be planted. The hole for a tree to be planted shall contain
proper amounts of topsoil and peat moss, but no chemical fertilizer
shall be added until the tree has been planted for one year.
(7)
All
shade trees shall be planted in accordance with the landscaping requirements
of the Standard Specifications.
A.
All development on tidal lagoons, navigable waterways or other bodies
of water, either existing or proposed, shall provide for bulkheading.
All development on nontidal bodies of water, either existing or proposed,
shall provide for bulkheading or other appropriate permanent bank
stabilization acceptable to the municipal agency. In no case shall
bank slopes, bulkhead, riprap, revetments, or other elements of bank
stabilization be located within required minimum yard areas.
B.
Bulkheads may be constructed of treated timber, reinforced concrete,
marine alloy steel or other materials in accordance with approved
details (if adopted) and a detailed design to be submitted by the
developer in each case for approval by the Borough Engineer and such
other approval authorities, including, but not limited to, the United
States Army Corps of Engineers, as may be necessary. New or reconstructed
lagoons shall have a minimum width of 100 feet and be provided with
suitable turning basins.
C.
The municipal agency 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 made reasonably secure from erosion.
In zoning districts where bulk storage is a permitted accessory
use, the following minimum requirements shall apply:
A.
No bulk storage of materials or equipment shall be permitted in any
required front yard area or within 50 feet of any public street, whichever
is greater.
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 municipal agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 490-81 of this chapter, and a six-foot chain-link fence or equivalent shall be provided.
D.
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 § 490-81 of this chapter.
E.
All service roads, driveways and bulk storage areas shall be paved
with bituminous concrete or other surfacing material, as required
by the municipal agency, which shall be of sufficient strength to
handle the anticipated use.
F.
In no instance shall on-site bulk storage of material exceed the
height of 10 feet.
G.
No heavy equipment shall be operated or parked closer to the front
property line than the required front setback plus 20 feet, except
as the same may be in transit to or from the site.
A.
All grading, excavation or embankment construction shall be in accordance
with the approved final plat and shall provide for the disposal of
all stormwater 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 Standard Specifications. No
excavated material may be removed from the site except in accordance
with an approved final plat nor without the prior approval of the
Borough 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 Borough
Engineer.
B.
Material which the Borough 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 Borough 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.
C.
All construction layout and grading stakes shall be set by a licensed
land surveyor or professional engineer employed by the developer or
his contractor.
D.
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 or pavement
base courses.
E.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways shall be provided with slopes no steeper than
one foot vertical rise of every three feet of horizontal distance.
F.
Such slopes shall be suitably planted with perennial grasses or other
ground cover plantings in accordance with the plans approved by the
municipal agency. 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 municipal agency
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. 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. The developer
shall make suitable provisions in the instruments transferring title
to any property containing such terraces, retaining walls or crib
walls and shall provide a copy thereof to the municipal agency and
the Borough Clerk. 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.
G.
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-wide shade tree and utility easement
required herein. Sidewalk and easement areas shall slope at 2% to
the top of the curb elevation, and sidewalk construction shall conform
to this slope.
H.
Lot grading. Lots shall be graded to secure proper drainage and to
prevent the collection of stormwater. 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 chapter 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.
(1)
Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If it is impossible
to drain directly to the street, 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.
(2)
Unless otherwise required by the Standard Specifications, all tree
stumps, masonry and other obstructions shall be removed to a depth
of two feet below finished grade.
(3)
The minimum slope for lawns shall be 3/4 of 1% and for smooth hard-finished
surfaces, other than roadways, 4/10 of 1%.
(4)
The maximum grade for lawns within five feet of a building shall
be 10%, and for lawns more than five feet from a building, 25%.
(5)
Retaining walls installed in slope control areas shall be constructed
of heavy treated timber or logs, reinforced concrete, other reinforced
masonry or of other construction acceptable to the Borough Engineer
and adequately designed and detailed on the final plat to carry all
earth pressures, including any surcharges. The height of retaining
walls shall not exceed 1/3 of the horizontal distance from the foundation
wall of any building to the face of the retaining wall. Should the
Borough adopt, subsequently to this chapter, standard details for
such construction, the same shall govern.
(6)
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 diversion berms throughout the course
of construction.
A.
Location of club or bathhouse. All commercial or private club swimming
pools shall provide a suitable club or bathhouse building. The club
or bathhouse, for an outdoor commercial or private club swimming pool,
shall be set back not less than 100 feet from the front property line
and not closer than 50 feet from the side and rear property lines.
B.
Pool location. An outdoor commercial or private club swimming pool
shall be located not less than 25 feet from the side or rear of the
clubhouse, bathhouse, motel or hotel on the building lot, and not
less than 100 feet from the front property line and not less than
50 feet from the side and rear property lines.
C.
Off-street parking.
(1)
Ample parking spaces shall be provided in an area or areas located
not less than 100 feet from the front property line and no less than
50 feet from the side or rear residential property lines.
(2)
For a private club with a membership of up to one 100 members, not
less than 80 car spaces shall be provided. For each additional 25
members or fraction thereof, not less than 20 additional car spaces
shall be provided.
(3)
For a commercial pool with up to 100 lockers or clothes baskets,
there shall be provided not less than 40 car spaces, and for each
additional 25 lockers or clothes baskets, not less than 10 additional
car spaces, and in addition thereto, two car spaces for each three
family lockers.
D.
Size of pool.
(1)
A swimming pool for a private club, limited to a maximum of 100 members,
shall have a minimum size of 1,800 square feet, and for each additional
25 members or fraction thereof, the pool shall be enlarged by 450
square feet.
(2)
For a commercial swimming pool limited to a total of 100 lockers
or baskets for bathers' clothing, the minimum size of the pool shall
be 2,000 square feet, and for every additional 25 lockers or baskets
or fraction thereof, the pool shall be enlarged by 500 square feet.
E.
Swimming section. The diving section shall be greater than 5.5 feet
in depth; the nondiving section shall be less than 5.5 feet in depth.
The area reserved around each diving board or platform provided for
diving purposes shall be not less than 300 square feet.
F.
Pump location. The pump of a filtration or pumping system of a commercial
swimming pool or private club pool shall be located not less than
50 feet from any side or rear property line.
G.
Lounging and spectator area. In addition to the decks or walks surrounding
the swimming pool, an area shall be provided for lounging or spectator
use.
H.
Club and bathhouse facilities. The club or bathhouse shall be equipped
with separate facilities for men and women. These facilities shall
include adequate dressing rooms, lockers, shower and toilets.
I.
Wading pool. A swimming pool for private club or commercial use shall
provide a separate wading pool.
J.
Pool enclosure. To provide safety and a degree of privacy, an outdoor
swimming pool for private club or commercial use shall be surrounded
entirely by a suitably strong tight fence, capable of holding a live
load of 250 pounds between posts, located not more than eight feet
apart; however, one side or sides of the club or bathhouse may serve
as a part of the enclosure. The fence shall be located not less than
15 feet from the closest edge of the pool. The fence shall be from
eight feet to 10 feet high, having no opening larger than a two-inch
square. All supporting structures shall be on the inside of the fence,
and the top of such support shall be at least one inch lower than
the top of the fence.
K.
Gate. Any opening or openings in the fence to afford entry to the
pool shall be equipped with a substantial gate similar to the fence
and shall extend from not less than two inches above the ground to
the height of the fence. The gate shall be a self-closing type, opening
outwardly only, and be equipped with a lock and key or chain and padlock
and shall be kept locked, except when the pool is in use.
L.
Lighting. A complete system of artificial lighting shall be provided
for a swimming pool, including lounging and parking areas, which is
operated by a private club or for commercial use. Arrangement and
design of lights shall be such that all parts of the pool and its
appurtenances shall be clearly visible to attendants. All lighting
fixtures shall be shielded so as to prevent any direct beam from falling
upon any adjoining property. Overhead wires shall not be carried across
the swimming pool and wading pool proper, decks and lounging areas.
Underwater lighting shall be designed, installed and grounded so as
not to create a hazard to bathers.
M.
Noise. No sound-amplifying system shall be operated or other activities
permitted at any swimming pool for commercial or private club use,
which shall cause undue noise or constitute a nuisance to the surrounding
neighbors. Closing time shall be no later than 10:30 p.m.
Common open space or public open space areas proposed to be
provided in conjunction with applications for development for subdivisions
or site plans shall be subject to the following requirements:
A.
Cluster (reduced lot size) development open space requirements. Open
space areas within cluster (reduced lot size) subdivisions shall be
subject to all provisions of this section and the following specific
requirements:
(1)
A minimum of 20% of the tract of land proposed for development shall
not be included in building lots or streets and shall be set aside
for open space. If the subdivision is to be developed in sections,
it shall be designed in a manner that, at any stage of development,
at least 20% of the land area of the sections approved is set aside
for open space.
(2)
Each open space area should contain a minimum of one contiguous acre.
(3)
Open space areas should not be less than 50 feet in width at any
location, except, where such open space is to be utilized primarily
for walkway access from a public street to the open space at the rear
of building lots, it may have a minimum width of 20 feet for a length
not to exceed 250 feet.
(4)
Where possible, all of the following land areas and features shall
be preserved as open space:
(a)
Floodway and flood hazard areas.
(b)
Areas containing a significant number of specimen trees.
(c)
Existing watercourses, ponds.
(d)
Land with a seasonal high-water table of less than two feet.
(e)
Wetlands as defined by the New Jersey Wetlands Act of 1970,
N.J.S.A. 13:9A-1 et seq., and delineated on wetlands maps prepared
by the New Jersey Department of Environmental Protection.
B.
Site preparation. Within open space areas, the municipal agency may
require a developer to make certain site preparation improvements,
which may include but are not limited to the following:
C.
Reservation of public areas.
(1)
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 municipal agency may further require
that such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The municipal agency may
reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of one year after the approval of the
final plat or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the municipality
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. 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 and required for
final approval.
(2)
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. 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. 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.
D.
Recreation areas. Where it is considered appropriate by the municipal
agency, portions of proposed open spaces may be designated for passive
and/or active recreational activities. Passive recreational activities
may include, but are not limited to, pedestrian paths, bicycle paths,
sitting areas and naturally preserved areas. Active recreational activities
may include, but are not limited to, swimming pools, tennis courts,
and ball fields. 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 following standards:
(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
Borough 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.
E.
Open space ownership.
(1)
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 municipal agency and may include but is not necessarily
limited to the following:
(a)
The Borough of Red Bank (subject to acceptance of the Borough
Council).
(b)
Other public jurisdictions or agencies (subject to their acceptance).
(c)
Quasi-public organizations (subject to their acceptance).
(d)
Homeowners' or condominium associations or organizations.
(e)
Shared, undivided interest by all property owners in the development.
(2)
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the municipal agency,
which insures that:
F.
Maintenance of common open space.
(1)
The Borough 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 municipal agency 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.
(2)
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 Borough
or other governmental agency. 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, 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 Borough.
(3)
Failure of organization to maintain open space.
(a)
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the administrative 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, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the administrative officer may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured.
(b)
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within said 35 days or any
permitted extension thereof, the Borough, in order to preserve the
open space and maintain the same for a period of one year, may enter
upon and maintain such land. Said entry and maintenance shall not
vest in the public any rights to use the open space except when the
same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the administrative 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 15 days' written notice to such organization and to the owners
of the development, to be held by the administrative officer, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Borough shall not, at the election
of the Borough, continue for a succeeding year. If the administrative
officer shall determine that such organization is ready and able to
maintain said open space in reasonable condition, the Borough shall
cease to maintain said open space at the end of the year. If the administrative
officer shall determine such organization is not ready and able to
maintain said open space in a reasonable condition, the Borough 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
in any such case shall constitute a final administrative decision
subject to judicial review.
(4)
The cost of such maintenance by the Borough 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 interest
by the same officers and in the same manner as other taxes.
A.
All concrete used in any subdivision or site improvement shall be
prepared in accordance with the requirements of the Standard Specifications
for the various classes of concrete used, except that the twenty-eight-day
compressive strength of the concrete used shall not be less than the
following:
Type of Concrete
|
Strength
(pounds per square inch)
| |
---|---|---|
Class A
|
4,500
| |
Class B
|
3,750
| |
Class C
|
3,500
| |
Class D
|
2,750
|
B.
Unless specific written permission is obtained from the Borough Engineer
to the contrary, only concrete obtained from dry-batched redi-mixed
trucks shall be allowed.
A.
General requirements. Curb and/or combination curb and gutter shall
be constructed along both sides of every street within a development.
Any existing pavements damaged by curb construction shall be repaired
to the standards herein and/or as shown on the final plat. Where one
side of the development boundary is along an existing street, the
curb and/or curb and gutter shall be constructed only on the development
site. Curbs and/or combination curbs and gutters shall be constructed
of Class B concrete, air-entrained, in accordance with the requirements
of the Standard Specifications. Preformed bituminous cellular-type
joint filler, 1/2 inch thick, cut to match the cross section of the
curb, shall be used at all expansion joints at intervals not greater
than 20 feet. Intermediate plate joints shall be provided at intervals
not exceeding 10 feet. At places where a concrete curb abuts portland
cement concrete pavement, joints in the curb shall be placed to match
the paving joints, and intermediate joints shall be placed so as to
create equal curb panels not longer than 20 feet. When concrete curb
and gutter is required, the gutter shall be eight inches thick and
shall be constructed of Class B air-entrained concrete. Joints in
the gutter shall be formed simultaneously with joints in the curb.
Curb and combination curb and gutter cross sections shall be as shown
in Figures IX and X. The requirements of the Standard Specifications
regarding curing precautions must be strictly observed.
B.
Use of combination curb and gutter. Use of combination curb and gutter
will be allowed in all areas and required in those areas having a
bituminous pavement with a profile grade greater than 5% with the
following exception:
(1)
Both sides of a street for the entire block length shall be constructed
with one type of curb; that is, where only a portion of a block is
required to have combination curb and gutter, the entire block shall
be constructed using the combination curb and gutter.
(2)
Where 50% or more of the curb length of any street would be required
to have combination curb and gutter, the entire street shall be constructed
with combination curb and gutter.
(3)
Where 50% or more of any subdivision is required to have a combination
curb and gutter, the entire subdivision shall be constructed with
combination curb and gutter.
C.
Timing of curb construction. In areas with bituminous concrete pavement,
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 combination 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.
D.
Alternate curb types. In certain instances, it may be necessary or
desirable to construct alternate curb types. For example, these may
be required by the municipal agency 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.).
If alternate curb types are to be permitted, an appropriate construction
detail shall be submitted for approval with the preliminary and final
plats. 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 Borough Engineer has inspected the installation
and tested and approved a suitable sample section of such curb or
combination curb and gutter. In the event the Borough 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 curb or curb and gutter permitted by this chapter or such
other alternate as may be approved by the municipal agency.
A.
Drainage easements.
(1)
If the property on which a proposed development is to be located
or is proposed to be traversed by a drainage facility of any kind,
including a pipe, channel, stream or swale, the municipal agency may
require that a stormwater and drainage easement or right-of-way along
said facility be provided by the developer. 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 Borough Engineer for consideration
by the municipal agency. The municipal agency, 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
entirety, or recommend such other action to the governing body as
it deems appropriate.
(2)
All easements shall be shown on the final plat with a notation as
to the purpose and restrictions of the easement. Easement lines on
the final plat shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
(3)
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 floodplain of any watercourse
along both sides of the watercourse to a width of 35 feet in each
direction from the center line of the watercourse, whichever is the
greatest; except, however, that if the location of such watercourse
is at or near the boundary of the subdivision, the dimensions of the
easement and right-of-way shall be modified to retain it within the
confines of the development. The easement and right-of-way shall include
provisions assuring the following:
(a)
Preservation of the channel of the watercourse.
(b)
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.
(c)
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.
(d)
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.
B.
Conservation easement.
(1)
Conservation easements may be required along all drainage and stormwater
rights-of-way in the development and may be required also 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 the erosion
of stream banks, other watercourses and adjacent lands. The land subjected
to a conservation easement shall be a strip at least 25 feet but not
more than 100 feet in width independently located or running adjacent
to each side of any required drainage or stormwater right-of-way.
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 the 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. The easements
shall also prohibit filling or grading of the lands or the disposal
of refuse or waste material of any type within the limits of the easement.
(2)
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.
C.
Sight triangle easements. In addition to right-of-way widths required
for the full design of all streets and the wider intersections as
specified, sight triangle easements may be required on all corners
at all street intersections. Such easement shall include provisions
to restrict the planting of trees or other plantings or the location
of structures exceeding 30 inches in height that would obstruct the
clear sight across the area of the easements and a reservation to
the public right-of-way for the purpose of removing any object, natural
or otherwise, that obstructs the clear sight. Such easements shall
include the area on each street corner that is bounded by the right-of-way
lines and a straight line connecting points on each right-of-way line
50 feet from the intersection of the right-of-way lines with points
on the intersecting right-of-way line, which points are the following
distances from the intersection of the right-of-way lines (or of their
prolongations):
(1)
On local streets: 50 feet.
(2)
On collector streets: 100 feet.
(3)
On arterial streets: 200 feet.
(4)
Where intersections occur on highways or roadways under the jurisdiction
of the State of New Jersey or County of Monmouth, the sight triangle
easements required by the state or the County of Monmouth may be substituted
in lieu of the requirements above.
An environmental impact report shall accompany all applications for preliminary subdivision and site plan approval when required and specified in a particular zone district pursuant to Article X, Zoning, of this chapter.
A.
A project description which shall specify what is to be done and
how it is to be done, during construction and operation, as well as
recital of alternative plans deemed practicable to achieve the objective.
B.
An inventory of existing environmental conditions at the project
site and in the surrounding region which shall describe air quality,
water quality, water supply, hydrology, geology, soils and properties
thereof, including capabilities and limitations, sewage systems, topography,
slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics
and levels, demography, land use, aesthetics, history and archeology.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey, and soils shall be described with reference to criteria
contained in the Freehold Area Soil Conservation District Standards
and Specifications.
D.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to plant, tree and wildlife systems, damage
to natural resources, displacement of people and businesses, displacement
of existing farms, increase in sedimentation and siltation, increase
in municipal services and consequences to municipal tax structure.
Off-site impact shall also be set forth and evaluated.
E.
A description of steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding region, such description to be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the actions to be taken.
F.
A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed action should
it be implemented.
G.
A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects, including a no-action
alternative.
H.
When required, five copies of the environmental impact report shall
be submitted to the municipal agency.
I.
The municipal agency shall either approve or disapprove the environmental
impact report as a part of its underlying function with respect to
site plan review. In reaching a decision, the municipal agency shall
take into consideration the effect of the applicant's proposed project
upon all aspects of the environment as outlined above as well as the
sufficiency of applicant's proposals for dealing with any immediate
or projected adverse environmental effects.
J.
Upon approval by the municipal agency, the environmental impact report
shall be marked or stamped "approved" by the Secretary of the municipal
agency and shall be designated as the final environmental impact report.
K.
Notwithstanding the foregoing, the municipal agency may, at the request
of an applicant, waive the requirement for an environmental impact
report if sufficient evidence is submitted to support a conclusion
that the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that a complete report need not be prepared in order to evaluate
adequately the environmental impact of a particular project.
L.
An environmental impact report as required herein shall also be submitted
as to all public or quasi-public projects, unless such are exempt
from the requirements of local law by supervening county, state or
federal law.
M.
Submission of an environmental impact statement or assessment consistent
with the requirements of P.L. 1973, Chapter 185, the Coastal Area
Facility Review Act, N.J.S.A. 13:19-1 et seq., and the rules and regulations
promulgated pursuant thereto, will be conclusively deemed to meet
the requirements of this section.
[Amended by Ord. No. 1989-10; Ord. No. 1999-6]
A.
Fences, hedges and walls hereafter erected, altered or reconstructed
in any zone may be a maximum height of six feet, except that:
(1)
Hedges, walls and fences located between a principal structure and
a front lot line, in any required minimum front yard area or within
50 feet of any body of water, may not exceed:
(a)
All types of fences, walls and hedges, located:
[1]
Within any sight triangle easement existing or required by this
chapter: 2 1/2 feet.
[2]
Within a triangle which has legs 25 feet long, measured along
street lines from any street intersection: 2 1/2 feet.
[3]
Within a triangle which has legs 10 feet long, measured along
a street line and a driveway edge from the intersection of any driveway
with a street: 2 1/2 feet.
(b)
Open-type fences as defined by this chapter: four feet.
(c)
All other hedges, walls or fences: three feet.
(2)
On park, recreation and school properties in any zone and throughout the Industrial and Light Industrial Zone, open-type fences not exceeding eight feet in height may be erected outside of any required front yard area, provided that Subsection A(1)(a) of this section shall apply to all corner lots.
(3)
The height limitation shall not apply to fences, hedges, walls, buffers
and similar construction specifically required by other provisions
of this chapter, by other municipal ordinance or regulation or by
statute.[1]
[1]
Editor's Note: Original § 25-8.14a4, pertaining
to fences exceeding the height limitations, which immediately followed
this subsection, was repealed 6-14-2010 by Ord. No. 2010-21.
B.
The following fences and fencing construction materials are specifically
prohibited in all zones in the Borough: barbed wire, canvas, cloth,
electrically charged, expandable and collapsible fences, except that
barbed wire, razor wire and similar construction may be permitted
in the Industrial Zone about eight-foot-high wire or chain-link fences
where same are permitted by this section. A catalog cut of the proposed
fence is to be submitted for review and approval by the administrative
officer. In general, fencing is to be aesthetically pleasing and a
visual improvement to the neighborhood. The administrative officer,
at his/her discretion, may consult with the Planning Board or a subcommittee
of the Planning Board for input on fence applications.
C.
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.
D.
All fences must also comply with the provisions of Chapter XI, Building
and Housing, of the 1987 Revised General Ordinances of the Borough
of Red Bank. In case of conflict between the provisions of Chapter
XI and of this chapter, the provisions of this chapter shall control.
E.
Tennis 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.
A.
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 a public or private water company,
unless the distance from the midpoint of the frontage of such premises
to a functioning fire hydrant, which has been tested and approved,
as measured down to the center line of connecting public streets,
is 400 feet or less.
B.
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 herein contained as to location of and distances
between fire hydrants.
C.
Fire hydrants shall not be placed at the closed end of a turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than 400 feet, in which event, the fire hydrants shall
be placed at both the open end and the closed end of the cul-de-sac.
D.
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 chapter, but rather the proper installation
of fire hydrants shall be a condition of the issuance of certificates
of occupancy; however, all costs shall be borne by the developer.
E.
Flow capacity classification.
(2)
The flow capacities are to be rated by a flow measurement test at
a period of ordinary demand, the rating to be based on 20 pounds per
square inch of residual pressure when initial pressures exceed 40
pounds per square inch. When initial pressures are less than 40 pounds
per square inch, residual pressure shall be at least half of the initial
pressure.
F.
All fire hydrants shall be painted in accordance with the standards
of the Red Bank Department of Public Utilities or the following schedule:
(1)
The tops and nozzle caps shall be painted the color indicated for
each of the following classes:
Class of Hydrant
|
Color
| |
---|---|---|
A
|
Green
| |
B
|
Orange
| |
C
|
Red
|
G.
All fire hydrant barrels will be painted with white fluorescent paint.
H.
All fire hydrants installed in the municipality shall have no less
than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch
pumper nozzle. All threads are to be National Standard fire hose threads.
I.
Hydrants shall be set plumb with nozzles 18 inches above the ground
or, where they are to be placed in hose houses, 18 inches above the
floor.
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. Guardrails shall be standard steel-beam type with galvanized
steel posts in accordance with the Standard Construction Details.
Alternate design of guardrails and barricades may be used and shall
be submitted for approval as part of the final plat submission.
A.
Lot size. Minimum lot size and dimensions shall be governed by the
requirements of the respective zoning districts as set forth in this
chapter, except that:
(1)
The municipal agency may require larger lots where additional area
will partially or completely eliminate the necessity of changes in
grade which, in the opinion of the Board, would cause unreasonable
destruction of the topography or environment or would create drainage
or erosion problems.
(2)
The municipal agency may require larger lots adjacent to collector
or arterial streets where, in the opinion of the Board, the larger
lots would promote the health, safety and general welfare of the public
and the residents of the development.
B.
Lot and block numbers.
(1)
In accordance with the Tax Map specifications of the State of New
Jersey dated May 1975, prepared by the State of New Jersey, Department
of the Treasury, as amended, subdivided lots and blocks shall generally
bear the original numbers with a number added as a subscript. The
use of letter designations should particularly be avoided.
(2)
Prior to final plat approval by the municipal agency, two copies
of the map shall be submitted to the Borough Engineer for proper assignment
of lot and block numbers. One copy of said map shall be returned with
the new lot and block numbers shown. The other copy will be retained
for Tax Map purposes.
C.
House numbers.
(1)
House numbers shall be assigned each lot by the Post Office Department
prior to final plat approval by the municipal agency.
(2)
The subdivider, upon completion of curbs and streets, shall place
the street number of each lot in the subdivision on the curb or other
conspicuous place approved by the Borough Engineer in size and color
designed to make said street numbers readily and distinctly discernible
from the street. Unless otherwise permitted by the Engineer, such
numbers shall be block style, four inches in height, 3/4 inch shape
width painted in white fluorescent paint on a black background extending
at least one inch beyond the number on all sides.
D.
Area and side lot lines. Except as otherwise provided in this chapter,
lot dimensions and area shall not be less than the requirements of
the zoning district. Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
E.
Lot frontage. Each lot shall front on an approved street accepted
or to be accepted by the Borough.
F.
Lot line on widened street. Where extra width is to be provided for
the widening of existing streets, lot measurements shall begin at
the proposed right-of-way line, and all setbacks shall be measured
from such lines unless otherwise provided by this chapter.
G.
Unsuitable lots. All lots shall be suitable for the purpose for which
they are intended to be used. To prevent the use of lots which are
not suitable because of adverse topography, environmental, flood conditions
or similar circumstances, the municipal agency may require such revisions
in a layout of the subdivision as will accomplish one of the following:
(1)
That the area of the unsuitable lot is included in other lots by
increasing the size of the remaining lots.
(2)
That it is included in an area to be deeded to the Township or other
public or quasi-public body and will be held in its natural state
for conservation and/or recreation purposes.
(3)
That some other suitable arrangement is made.
H.
Driveways. All structures must be accessible by means of a paved
driveway. The paved driveway must be not less than 10 feet wide and
must have a center-line grade of not less than 0.5% and not greater
than 10%. For all non-single-family uses, driveways must provide turnarounds
to eliminate the necessity of any vehicle backing onto any street.
Monuments shall be of a size and shape required by N.J.S.A.
46:26B-3 et seq., and shall be placed in accordance with said statute.
In addition to the required monuments, after the grading is finished,
the developer shall install a steel stake one inch in diameter and
30 inches in length on lot corners, lot line angle points, or other
changes in direction not marked by monuments, and at all angle points
or discontinuities in easement lines where such easements are not
parallel to property lines.
[1]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
In addition to regulations applicable within zones where multifamily dwellings are a permitted use or are a conditional use, the following regulations shall apply to all multifamily dwellings. (Note: the parking location restrictions set forth in § 490-98I(1) of this chapter shall apply to all exterior, existing or proposed public roadways. The parking setback requirements set forth in this section shall apply to all interior roadways, public or private, in multifamily dwelling projects.)
A.
Setbacks from public streets. All buildings, parking areas and other
aboveground improvements, with the exception of access drives or access
roadways, landscaping and screening areas, shall be set back a minimum
of 25 feet from the right-of-way of all public streets unless the
required front yard setback for the zone is greater, in which case
the zone regulations shall take precedent.
B.
Setback from other property lines. All buildings, parking areas and
other aboveground improvements, including access drives, with the
exception of landscaping and screening areas, shall be set back a
minimum of 20 feet from all side and rear lot lines, unless the required
side or rear yard setbacks for the zone are greater, in which case
the zone regulations shall take precedent.
D.
Courtyards. Courtyards bounded on three or more sides by wings of
the same building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest building or building wing.
E.
Building length. No principal building, when viewed from any elevation,
shall be greater than 175 feet in length.
F.
Garages and/or carports, when not attached to a principal building,
shall be located no closer than 25 feet to a facing wall of a principal
building containing windows, nor closer than 15 feet to a facing wall
of a principal building which does not contain windows, and shall
not face any street external to the site.
G.
Distance between principal buildings and internal drives. No multifamily
dwellings shall be located closer than 25 feet to any access drive
or internal roadway.
H.
Distance between principal buildings and parking areas. No principal
building shall be located closer than 20 feet to any parking area,
except for access aisles or driveways to garages and/or carports,
which are attached to principal buildings.
I.
Garage and/or carport parking spaces shall count toward meeting off-street parking requirements in multifamily zones in accordance with § 490-98I(1)(b)[4] of this chapter.
J.
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of § 490-81B of this chapter.
K.
Outdoor lighting. Interior development roads, parking areas, dwelling
entranceways and pedestrian walks shall be provided with sufficient
illumination to minimize hazards to pedestrians and motor vehicles
utilizing the same, but in no case shall such lighting be less than
is required to provide a minimum lighting level of 0.5 horizontal
footcandle throughout such areas from dusk to dawn. Where necessary,
lights shall be shielded to avoid glare disturbing to occupants of
the buildings. Lighting shall be so arranged as to reflect away from
all adjoining residential buildings.[1]
[1]
Editor's Note: Original § 25-8.19l, Recreation,
amended 10-23-2006 by Ord. No. 2006-50, which immediately followed
this subsection, was repealed 8-24-2009 by Ord. No. 2009-41.
L.
Buildings shall have no more than two dwelling units in a line without
setbacks and/or breaks in building elevation of at least five feet.
M.
Concrete walkways, at least four feet wide or of such other dimension
and composition as may be approved by the Planning Board, shall be
provided where normal pedestrian traffic is likely to occur.
N.
Internal roadways shall be constructed in accordance with the standards
for public streets in this chapter, and, for developments of more
than 40 units, at least two points of access to primary, arterial
or major collector streets must be provided.
P.
The percentage of three-bedroom units to the total number of dwelling
units shall not exceed 50%. The combined percentage of two- or three-bedroom
units to the total number of dwelling units shall not exceed 80%.
No unit larger than a three-bedroom unit shall be permitted.
Q.
All rooms, exclusive of living rooms, dining rooms, kitchens and
bathrooms, which contain 70 square feet or more of floor area shall
be considered bedrooms. If a dining room is not directly accessible
from and adjacent to both the kitchen and living room, it shall also
be considered a bedroom.
A.
For every building, structure or part thereof having over 10,000
square feet of gross floor area erected and occupied for any use other
than residential, there shall be provided at least one truck standing,
loading and unloading space on the premises not less than 12 feet
in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings that contain in excess of 15,000 square feet
of gross floor area shall be required to provide additional off-street
loading spaces as determined by the municipal agency during site plan
review.
B.
Access to truck standing, loading and unloading areas may be provided
directly from a public street or alley or from any right-of-way that
will not interfere with public convenience and will permit orderly
and safe movement of truck vehicles.
C.
Unless otherwise permitted, fire zones shall not be used as standing,
loading or unloading areas.
D.
Loading areas, as required under this section, shall be provided
in addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces.
[Amended by Ord. No. 1988-21; Ord. No. 1990-23; Ord. No. 1999-6]
In all zones and in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards:
A.
Type of parking permitted. Each dead storage bay of an off-street
parking space may be perpendicular with the aisle, parallel with the
aisle, or at any angle between 60° and 90°. No angle parking
layout shall be permitted with an angle less than 60°.
B.
Stall size.
(1)
Automobiles. Each perpendicular or angle off-street parking space
shall occupy a rectangular area of not less than nine feet in width
and 18 feet in depth, exclusive of access drives and aisles, except
that parking spaces for the physically handicapped shall be 12 feet
wide. Parallel parking spaces shall occupy a rectangular area nine
feet by 21 feet.
(2)
Other vehicles.
(a)
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate in the
statement of operations submitted with the site plan the size of such
vehicles and the anticipated largest number of such vehicles to be
stored and/or parked on the site at any single time, and the site
plan shall show a sufficient number of parking and/or storage stalls
at an adequate size for the largest number of such vehicles to be
parked and/or stored on the site at any one time. Aisles providing
for access to such parking and/or storage stalls shall be of adequate
width for the vehicles to be served.
(b)
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or storage on the site plan shall be a violation of this chapter,
and any building permit or certification of occupancy that has been
issued shall not be valid and may be revoked.
(c)
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles larger than automobiles than
the previous use shall be required to make application for site plan
approval.
(3)
When off-street parking is provided in connection with a use which
will assign or can control the utilization of parking areas (for example,
employee only parking areas), the municipal agency may approve separate
parking areas for subcompact vehicles having a length of less than
17 feet and a width of six feet or less. Within such areas, the municipal
agency may approve the reduction of stall size to eight-foot width
and a sixteen-foot length. Appropriate signing and marking shall be
required. The number of parking stalls which may be designed for subcompact
vehicles shall be determined by the municipal agency based upon documentation
submitted by the applicant.
(4)
When the municipal agency determines that off-street parking is proposed
in connection with an industrial or business use, primarily for occupancy
by employees who park for a full shift, for long-term parking related
to transportation uses or for similar uses with low space turnover
(parking duration approaching or exceeding eight hours), the municipal
agency may approve a reduced parking stall width; however, in no event
shall stall width be less than eight feet for conventional spaces
and seven feet for subcompact vehicle spaces.
C.
Aisle widths.
(1)
Two-way aisles shall be not less than 24 feet wide.
(2)
One-way aisles from which cars directly enter or leave parking spaces
shall not be less than 24 feet wide for perpendicular parking or for
parking at any angle greater than 75°, 20 feet wide for parking
at any angle greater than 60° and 18 feet wide for parking at
any angle greater than 45°.
(3)
Only angle parking stalls or parallel parking stalls shall be used
with one-way aisles.
D.
Access drives. (See Figures XI and XII.)
(1)
Entrance and exit drives shall have a minimum width of 18 feet for
those designed for one-way traffic and 24 feet for those carrying
two-way traffic.
(2)
Parking areas for 25 or more cars and access drives for all parking
areas on arterial highways shall provide curbed return radii of not
less than 15 feet for all right turn movements and left turn access
from one-way streets and concrete aprons on entrance and exit drives.
(3)
Parking areas for less than 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.
(4)
The municipal agency may require that access drives for developments
of 100 or more spaces be designed in accordance with requirements
for municipal streets.
(5)
Access drives for single- and two-family dwellings shall utilize
concrete aprons without curb returns regardless of size or location.
Such drives shall have a minimum width of 10 feet and a maximum width
of 12 feet when they provide access to a one-car garage or when there
is no garage or a maximum width of 24 feet when they provide access
to a two-car (or larger) garage. All such drives shall utilize either
pavement, gravel, concrete tire channels or decorative pavers.
[Amended 8-21-2019 by Ord. No. 2019-35]
(6)
Maximum curb depression width for single- and two-family dwellings
shall be the driveway width plus four feet, but not more than 25 feet,
and for all other uses shall be the driveway width plus 10 feet, but
not more than 35 feet.
E.
Paint striping. All parking areas shall provide paint striping to
delineate parking stalls, barrier lines, lane lines, directional arrows,
stop lines, fire lanes and other striping as may be required to ensure
safe and convenient traffic circulation. Such striping shall be in
substantial conformance with the Uniform Manual on Traffic Control
Devices, except that all parking stall marking shall be hairpin style,
with eight inches between parallel stall dividing lines.
F.
Traffic signs. All parking areas shall provide traffic control signs
and devices necessary to ensure safe and convenient traffic circulation.
Such devices shall be in substantial conformance with the Uniform
Manual on Traffic Control Devices.
G.
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 (See Figure No. IX.) with a six-inch
face or such alternate curb types as may be approved by the municipal
agency at the time of site plan approval. The municipal agency may
waive the requirement for curbs 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.
H.
Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in § 490-100 of this chapter, except as follows:
(1)
Parking areas for less than 50 cars, which the municipal agency determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FA-BC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 490-100 of this chapter. Rigid portland cement concrete pavement may be utilized at the option of the applicant, who shall submit pavement details for review. Minimum requirements shall be a thickness not less than five inches, reinforcing at least equivalent to welded wire fabric (66-1212), Class "C" concrete (air-entrained) and appropriate expansion and/or contraction joints.
(2)
In parking areas for 100 or more cars, access drives and aisles, which the municipal agency determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for local, local collector and minor collector streets set forth in § 490-100 of this chapter.
I.
Provisions for the locations of parking spaces; safety islands and
raised medians; and handicapped parking.
(1)
Location of parking spaces.
(a)
Parking for all uses in all zones shall not be located in any required front yard area, nor between any existing or proposed building (or the extension of the planes of the exterior surface of any existing or proposed building to the lot boundaries) and any street right-of-way line, except that parking for single- and two-family dwellings shall not be subject to yard area location restrictions, but shall only be permitted in access drives meeting the requirements of Subsection D of this section.
(b)
For garages for single- and two-family dwellings, the following
shall apply:
[1]
Garage space may provide for both or for one of the required
spaces, and a second space may be arranged in tandem.
[2]
Except for attached single-family dwellings, 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.
[3]
If no garage is provided, the parking spaces required by this chapter may not be located in any required front setback area, notwithstanding that parking is permitted in the front setback area by § 490-98I(1) of this chapter.
[4]
For uses other than single- and two-family dwellings, the following
shall apply to spaces:
[a]
Garage space may provide the required parking spaces
for all uses except multifamily dwellings.
[b]
For multifamily dwellings, each garage space will
count as 0.5 of a required space, unless there is provided a driveway
at least 20 feet long in front of the garage, in which case each garage
shall count as 1.3 of a required space.
(c)
All required parking spaces and facilities shall be located
on the same lot or parcel as the structure or use it shall serve,
except, in the case of nonresidential uses, parking facilities may
be provided on other lots or parcels within a radius of 500 feet from
the boundary of the lot containing the principal use and subject to
deed restrictions binding the owner and his heirs, successors and
assigns to maintain the required number of spaces available and required
facilities throughout the life of such use.
(2)
Safety islands and raised medians. Where parking, other than single-
and two-family dwellings, is permitted between the front building
line, whether by variance or by approval of a design deficiency, 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 XI and XII.)
(a)
The width of the safety island shall be that width between the
proposed curbline to a point eight feet inside the property line.
When this width is less than 18 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 18 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
(b)
When perpendicular or angled parking spaces abut the safety
island, the stall depth shall be measured from a point one foot outside
the face of the curb for perpendicular spaces or angled spaces greater
than sixty-degree-angle spaces. Such parking spaces shall be separated
from access drives by curbed islands with a minimum width of 10 feet.
(c)
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.
(d)
Notwithstanding the use of maintenance-free materials, there
shall be provided at least one deciduous tree at least three inches
in caliper (measured six inches above ground level) every 40 feet,
or part thereof, on all for plantings if necessary for traffic safety.
The area between trees shall be planted with a minimum of three evergreen-type
shrubs. The portions of the safety island within 25 feet of any access
drive or street intersection shall be planted with evergreen shrubs
less than 30 inches in height. Alternate or additional plantings may
be permitted by the municipal agency in accordance with an approved
site plan.
[Amended 12-12-2018 by Ord. No. 2018-39]
(e)
No commercial signs, light standards or other aboveground obstructions
other than plantings shall be permitted within 10 feet of the street
right-of-way.
(3)
Handicapped parking. 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.
Parking spaces for the physically handicapped shall be a minimum of
12 feet in width, and the number of spaces to be provided shall be
determined by the following table:
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to be Provided for Physically
Handicapped
| |
---|---|---|
Up to 25
|
1
| |
26 to 50
|
2
| |
51 to 75
|
3
| |
76 to 100
|
4
| |
Over 100
|
1 space for each 50 spaces over 100 spaces
|
J.
Small parking areas. Parking lots having 50 or less spaces shall
be designed to provide the following minimum design requirements:
(1)
A safety island where parking is provided in the front yard area.
(2)
A five-foot unbroken landscaping strip along side and rear property
lines. The five-foot landscaping strips shall have the same minimum
planting requirements as safety islands, except that:
(3)
Not more than one two-way drive or two one-way drives shall be permitted
on any street.
(4)
Where possible, access drives shall not be located closer than 100
feet from the nearest right-of-way line of an intersecting street.
(5)
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.
(6)
All parking areas for 10 or more vehicles shall have artificial lighting
that will provide a minimum lighting level of 0.5 horizontal footcandle
throughout the parking area and access drives. For multifamily uses,
such lights shall be operated from dusk to dawn, and for all other
uses, when the site or structure is occupied. Freestanding light poles
shall be no higher than the height of the highest principal building
plus five feet. Shielding shall be required where necessary to prevent
glare upon adjacent properties or streets.
K.
Large parking areas. Parking lots which have a capacity for parking
more than 50 vehicles shall incorporate the following minimum design
standards:
(1)
All the minimum design standards for small parking areas.
(2)
All entrance drives shall extend a minimum distance of 100 feet back
from the street curbline or to an access aisle.
(3)
All exit drives shall extend a minimum distance of 60 feet back from
the street curb or to a major access aisle.
(4)
No parking stalls shall utilize the required entrance and exit drives
or major circulation drives as access aisles.
(5)
Wherever feasible, access drives located along one-way streets or
divided highways shall be separate one-way drives. The 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.
(6)
Access drives shall not be located closer than 100 feet 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 municipal
agency, will generate large traffic volume, access drives shall not
be located closer than 200 feet to the nearest right-of-way line of
an intersecting street.
(7)
No driveway shall be located less than 10 feet from the side property
line or within 30 feet of an existing drive, whichever is greater.
(8)
Properties having a frontage in excess of 500 feet on any one street
shall be permitted two-way and one-way access drives providing for
not more than two entrance and two exit movements on the street. Properties
having a frontage in excess of 1,000 feet on any one street may be
permitted to have additional access drives subject to the approval
of the Planning Board.
(9)
Where the municipal agency determines that the total number of off-street
parking spaces required by this chapter 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, but not less than
75% of the required spaces, be completed initially, subject to the
following regulations:
(a)
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 chapter.
(b)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(c)
The portion of the parking areas not to be paved initially shall be landscaped in accordance with § 490-81C of this chapter.
(d)
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article VII of this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either install the additional parking shown on the site plan and apply
to the Construction Official for issuance of a permanent certificate
of occupancy or apply to the municipal agency after the use has been
in operation a minimum of 18 months for a determination as to whether
or not the initial parking area provided is adequate. If the municipal
agency determines that the parking facility is adequate as originally
constructed, the performance guarantees may be released and a permanent
certificate of occupancy issued. If, however, the municipal agency
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.
(f)
Any change of use on a site for which the municipal agency may
have approved a partial paving of off-street parking areas to a use
which requires more parking spaces than are provided on the site shall
require submission of a new site plan.
L.
Parking area landscaping. Every parking lot with more than 100 spaces
shall be divided as nearly as possible into smaller lots of 50 spaces
separated by landscaped dividing strips, excepting the area for access
aisles. The plantings required within the parking area shall be considered
exclusive from any other plantings that may be required for screening
or safety island planting. All landscaping for dividing strips shall
be shown as part of the detailed landscaping plan submission, where
required. The following criteria shall apply for internal landscaped
dividing strips:
(1)
They shall have a minimum width of 10 feet.
(2)
They shall be seeded and topsoiled. The use of maintenance-free material
other than seeding and topsoil may be permitted if the same provides
a safe and attractive alternative.
(3)
Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees at least three inches in caliper (measured six inches above ground level) with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in accordance with the appropriate requirements of § 490-81 of this chapter. The area between trees shall be planted with a minimum of three evergreen-type shrubs.
[Amended 12-12-2018 by Ord. No. 2018-39]
(4)
The depth of perpendicular or angled parking stalls, which abut a
landscaped dividing strip, shall be measured from a point one foot
outside the face of the curb for perpendicular spaces or angled spaces
greater than 60° and two feet outside the face of the curb for
60° angle spaces.
(5)
All portions of every site not utilized for pedestrian paths, parking, access drives, loading areas or approved outdoor storage and not covered by buildings or other construction shall be landscaped as provided in § 490-81 of this chapter. This shall include areas immediately adjacent to the site on public rights-of-way between curb and sidewalk or the property line of the site.
M.
Retaining walls and embankment slopes.
(1)
In the event that parking is proposed on a lot or site having a slope
greater than 10%, regardless of size, it shall be terraced, utilizing
retaining walls or properly reinforced embankment slopes and providing
for adequate safety, stability and drainage. At no time should an
embankment slope that is not reinforced, or any other earthen material
having a greater elevation than the adjacent parking area, have a
slope exceeding a ratio of three to one.
(2)
When retaining walls, terraces, embankment slopes or similar types
of earthen retaining devices are necessitated adjacent to or within
the parking area, they shall be kept in good repair or otherwise maintained
so as to keep the parking area free of debris and dirt.
N.
Access to adjoining property. No unrestricted vehicular access shall
be permitted between adjacent properties. Vehicular access, if agreed
upon by the owners or possessors of adjacent properties, or if required
by the municipal agency, shall normally be limited to one opening
providing two lanes of traffic and shall be located in such a manner
as to offer continuity of a similar access drive on the adjacent property.
The opening shall occur at a point having the greatest distance from
the street line which would facilitate the joining of properties.
Access shall normally be denied across the remainder of the sidelines
by construction of a landscaped dividing strip, five feet in width,
on the property being developed. If and when the adjacent property
is developed, there shall be a similar dividing strip at least five
feet wide. All dividing strips shall be landscaped as provided in
this section. The municipal agency may also require that provision
be made for future connection to adjacent undeveloped properties.
O.
Minimum off-street parking spaces required.
Use
|
Spaces Required
| ||||
---|---|---|---|---|---|
1.
|
Automotive repair garage or body shop
NOTE: The spaces required shall be reserved for
employees and customer parking and shall be in addition to any areas
used for display or vehicle storage.
|
2 per 1,000 square feet GFA
| |||
2.
|
Automotive sales and service
See note under No. 1 above.
|
2 per 1,000 square feet GFA
| |||
3.
|
Automotive service station
See note under No. 1 above.
|
5 per each service bay
| |||
4.
|
Banks, savings-and-loan associations and other similar financial
institutions
NOTE: If more than 50% of the gross floor area
is occupied by offices of an administrative nature, the parking requirements
for offices may be used.
|
3.5 per 1,000 square feet GFA
| |||
5.
|
Barbershops and beauty shops
|
3 per each chair, but not less than 5 per 1,000 square feet
GFA
| |||
6.
|
Bowling alley
NOTE: Other uses to be computed separately in addition
to this requirement.
|
3 per each alley
| |||
7.
|
Car washes
NOTE: Plus off-street storage (stacking) space
equal to five times the number of vehicles than can be in the car
wash process at any time. The employee parking requirement for self-service
facilities shall be two spaces.
|
5 per each wash line
| |||
8.
|
Church, temple or chapel (main congregation area only used in
calculation):
| ||||
(a)
|
When individual seats are provided
|
1 per each 4 seats
| |||
(b)
|
When benches (pews) are provided
|
1 per each 80 inches of bench
| |||
(c)
|
When no fixed seating is provided
|
20 per 1,000 square feet GFA
| |||
9.
|
Community center, library, museum, art gallery, not including
auditorium or lecture-hall-type facilities
|
5 per 1,000 square feet GFA
| |||
10.
|
Community club, private club lodge
|
8 per 1,000 square feet GFA
| |||
11.
|
Dwellings:
| ||||
(a)
|
Single-family
|
2 per dwelling unit
| |||
(b)
|
Two-family
|
2 per dwelling unit
| |||
(c)
|
Multifamily:
| ||||
(1)
|
Efficiency units
|
1 per dwelling unit
| |||
(2)
|
Restricted adult units, age 52 or older
|
1.5 per dwelling unit
| |||
(3)
|
Three-bedroom or more
|
2.5 per dwelling unit
| |||
(4)
|
Other
|
2 per dwelling unit
| |||
12.
|
Furniture and appliance sales or similar uses requiring large
amounts of storage:
| ||||
(a)
|
For the first 5,000 square feet GFA
|
2.5 per 1,000 square feet GFA
| |||
(b)
|
For that portion over 5,000 square feet GFA
|
2 per 1,000 square feet GFA
| |||
13.
|
Hardware, plumbing, electrical and auto supply stores which
are not of a general retail nature
|
2.5 per 1,000 square feet GFA
| |||
14.
|
Hotel, motel
NOTE: Each commercial or public assembly use within
the building shall be computed separately. At the Board's discretion,
required parking for these uses may be reduced by up to 50% of the
guest room parking.
|
1 per each room, plus 1 per each 3 employees
| |||
15.
|
Laundromats or similar coin-operated cleaning facilities
|
4.5 per 1,000 square feet GFA or 1 per 3 machines, whichever
is greater
| |||
16.
|
Manufacturing, light industrial, research or testing laboratory,
bottling plant and similar uses
NOTE: If assembly or other substantial operations
are undertaken outside of a structure, the municipal agency may require
additional spaces.
|
2 per 1,000 square feet GFA
| |||
17.
|
Marinas:
| ||||
(a)
|
Marina or boat slips in connection with or as an accessory use
to an adjacent residential use
|
0.5 space per each
| |||
(b)
|
All other marina, boatyard, boat sales, boat slip uses
|
1.5 per each boat slip, plus 2 per 1,000 square feet GFA of
any indoor sales facility
| |||
18.
|
Meeting rooms, assembly, exhibition halls, auditoriums
|
20 per 1,000 square feet GFA
| |||
19.
|
Mortuary, funeral home
|
10 per 1,000 square feet GFA
| |||
20.
|
Nightclubs
|
20 per 1,000 square feet GFA
| |||
21.
|
Nursery school, day camp or similar uses
|
2 per 1,000 square feet GFA
| |||
22.
|
Office uses:
[Amended 4-13-2009 by Ord. No. 2009-10] | ||||
(a)
|
Medical or dental
|
5 per 1,000 square feet GFA
| |||
(b)
|
Professional (other than medical or dental)
|
5 per 1,000 square feet GFA
| |||
(c)
|
Other, including business, mixed business/professional/medical
and general office uses
|
5 per 1,000 square feet GFA
| |||
(d)
|
Government offices
|
To be determined by the municipal agency based on the specific
needs of the proposed use
| |||
23.
|
Public and private utilities, electrical substations, gas regulators,
waterworks, pumping stations, and similar uses
|
To be determined by the municipal agency based on the specific
needs of the proposed use
| |||
24.
|
Primary food-service establishments (with seating):
[Amended 9-28-2009 by Ord. No. 2009-30] | ||||
(a)
|
Less than 1,000 square feet GFA
|
6 spaces per 1,000 square feet GFA
| |||
(b)
|
1,000 square feet GFA to 5,000 square feet GFA
|
10 spaces per 1,000 square feet GFA
| |||
(c)
|
Greater than 5,000 square feet GFA
|
14 spaces per 1,000 square feet GFA
| |||
25.
|
Primary liquor-service establishments
|
15 per 1,000 square feet GFA
| |||
25a.
|
Retail food establishment
[Added 9-28-2009 by Ord. No. 2009-30] |
4 per 1,000 square feet GFA
| |||
26.
|
Recreation facilities not otherwise enumerated
|
To be determined by the municipal agency based on the specific
needs of the proposed use
| |||
27.
|
Retail, not otherwise specified:
| ||||
(a)
|
Supermarkets, grocery stores
|
4.5 per 1,000 square feet GFA
| |||
(b)
|
Bakeries, confectioneries, dairy products and fruit and vegetables
|
3 per 1,000 square feet GFA
| |||
(c)
|
Printing, photographic and reprographic (excluding light-industrial-type
printing operations)
|
2.5 per 1,000 square feet GFA
| |||
(d)
|
Other retail
NOTE: Over 40,000 square feet GFA, see "shopping
centers."
|
4 per 1,000 square feet GFA
| |||
28.
|
Studio, art, music, dance, gymnastics and similar, used for
the primary purpose of giving instruction and not for shows or exhibitions,
and other personal service uses not otherwise specified herein
|
5 per 1,000 square feet GFA
| |||
29.
|
Schools (public or private):
| ||||
(a)
|
Elementary
|
12 per 100 students
| |||
(b)
|
Middle or junior high school
|
18 per 100 students
| |||
(c)
|
High school
NOTE: Number of students to be determined on design
capacity.
|
25 per 100 students
| |||
30.
|
Shopping centers:
| ||||
(a)
|
Up to 40,000 square feet GFA
|
4 per 1,000 square feet GFA
| |||
(b)
|
For the next 35,000 square feet GFA
|
3.75 per 1,000 square feet GFA
| |||
(c)
|
For that portion over 75,000 square feet GFA
|
3.5 per 1,000 square feet GFA
| |||
31.
|
Theaters
|
1 per 3 seats
| |||
32.
|
(Reserved)
| ||||
33.
|
Warehouse, wholesale, machinery and large equipment sales
|
1 per 1,500 square feet GFA, plus 1 per each employee
| |||
34.
|
Hospitals and related uses in Medical Services District:
| ||||
(a)
|
Hospital uses
|
1 space per 3 beds (acute)
| |||
2 spaces per each 3 employees on largest shift
| |||||
1 space per 2 doctors on staff
| |||||
1 space per each 6 student nurses
| |||||
1 space per each 2 student technicians
| |||||
1 space per each 2 residents, interns, externs
| |||||
1 space per 2 visits to outpatient department calculated over
a nine-hour period between 8:00 a.m. and 5:00 p.m. during a normal
average working day
| |||||
1 space per 10 beds for visitors (extended care)
| |||||
(b)
|
Group practices, professions or other medical offices
|
1 space per each 200 square feet GFA
| |||
(c)
|
Professional/business or administrative offices
|
1 space per 300 square feet GFA
| |||
(d)
|
Nursing, convalescent or rest home
|
1 space per each 3 beds, plus 1 space per each 2 employees,
including nurses and staff
|
P.
Criteria for determining required parking spaces. In computing the
number of the above required parking spaces, the following rules shall
govern:
(1)
Where fractional spaces result, the required number shall be construed
to be the nearest whole number.
(2)
The parking space requirements for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the municipal agency based upon that use mentioned herein
which is most similar to the proposed use. If there is no use enumerated
herein having sufficient similarity to the use proposed to enable
the municipal agency to establish rational parking requirements, the
municipal agency may, in its discretion, direct the applicant to furnish
the municipal agency with such data as may be necessary to enable
the municipal agency to establish rational parking requirements.
(3)
Nothing in the above requirements or in this subsection shall be
construed to prevent the joint use of off-street parking facilities
by three or more uses on the same site (which will be termed "shared
parking").
(a)
Application prerequisites for the use of shared parking:
[1]
The land uses and common parking facility must be owned by the
same developer/owner and located in close proximity to one another.
[2]
Parking spaces to be shared should not be preserved for certain
individuals or groups on a twenty-four-hour basis.
[3]
Any subsequent change in land uses within the mixed-use development
will require proof that sufficient parking will be available.
[4]
The applicant shall agree to establish and maintain facility
operational characteristics which will accommodate, maintain and encourage
the shared parking concept. The applicant will provide assurances,
sufficient to satisfy the municipal agency, that such operational
characteristics, including, but not limited to, hours, space assignments,
security, rates and ownership and control, will complement the shared
parking concept. If the municipal agency determines it necessary,
it may require execution of a developer's agreement (or similar operation
agreement) between the developer and the Borough Council (or other
parties concerned) to assure the effectiveness of the shared parking
concept proposed by the applicant.
(b)
Periods of peak parking accumulation. According to recent studies,
typical periods of peak accumulation for land use that can utilize
shared parking include:
Land Use
|
Period of Peak Accumulation
| |
---|---|---|
Office/industrial
|
Weekday: daytime
| |
Retail
|
Weekday: daytime
| |
Hotels
|
Weekday: evening
| |
Weekend: evening
| ||
Restaurants
|
Weekend: daytime and evening
| |
Entertainment/recreational
|
Weekday: evening
| |
Weekend: evening
|
(c)
Percent standards for shared parking. The following percentages
are to be used for calculating shared parking:
Weekday
|
Weekend
|
Nighttime
| |||
---|---|---|---|---|---|
Use
|
Daytime
(9:00 a.m. to 4:00 p.m.)
|
Evening
(6:00 p.m. to 12:00 midnight)
|
Daytime
(9:00 a.m. to 4:00 p.m.)
|
Evening
(6:00 p.m. to 12:00 midnight)
|
(12:00 midnight to 6:00 a.m.)
|
Office/industrial
|
100%
|
10%
|
10%
|
5%
|
5%
|
Retail
|
60%
|
90%
|
100%
|
70%
|
5%
|
Hotel
|
75%
|
100%
|
75%
|
100%
|
75%
|
Restaurant
|
50%
|
100%
|
100%
|
100%
|
10%
|
Entertainment/ recreational
|
40%
|
100%
|
80%
|
100%
|
10%
|
NOTE: The above percentages are based on normal
working shifts; if unusual working hours exist for a particular use,
the Planning Board can require adjustments.
|
(d)
Calculation methodology:
[1]
Determine the minimum amount of parking required for each land
use as though it were a separate use;
[2]
Multiply each amount by the corresponding percentage for each
of the five time periods;
[3]
Calculate the column total for each time period;
[4]
The column total with the highest value is the parking space
requirement subject to reduction for size;
[5]
Reduction for size. The parking requirement determined from
the calculation procedures shall be reduced as follows:
Parking Requirement Determined from Calculation Procedure
|
Reduction
(%)
|
---|---|
Less than 150 spaces
|
No reduction
|
150 but less than 500 spaces
|
5%
|
500 but less than 2,000 spaces
|
8%
|
2,000 or more spaces
|
10%
|
NOTE: Residential uses are not included in the
shared parking standards because this use usually has reserved parking
spaces for residents. The reservation of parking areas would preclude
the sharing of these spaces. If an applicant can justify and demonstrate
that residential parking would not be reserved, the Planning Board,
at its discretion, may permit shared residential parking.
|
(4)
No part of off-street parking required by a structure or use shall
be included as part of an off-street parking requirement of another
use unless substantial proof and assurances are presented and it is
determined by the municipal agency that the use of this parking will
not be simultaneous.
(5)
The municipal agency may consider requests for design waivers or
design deficiency approvals for deficient parking, provided at least
90% of the parking spaces required by this subsection are proposed.
If less than 90% of the parking spaces required by this subsection
are proposed, an application for a bulk variance must be made by the
applicant.
(6)
An application for a parking space variance (a deficiency of more
than 10%) must, when such deficiency is 15 or more spaces, include
a report by and, where applicable, testimony by a traffic engineer,
or other person with particular expertise in parking acceptable to
the municipal agency, in order to assess the probable impact of the
proposed deficiency on the site, on affected nearby properties and
on existing parking supply and traffic patterns in the vicinity of
the site.[1]
[1]
Editor's Note: Former Subsection P(7), regarding contribution
to the Red Bank Borough Municipal Parking Utility Capital Improvement
Fund, as amended, which immediately followed this subsection, was
repealed 4-12-2017 by Ord. No. 2017-13.
Q.
Electric vehicle supply equipment.
[Added 11-29-2017 by Ord.
No. 2017-36]
(1)
Electric
vehicle supply equipment (EVSE), commonly referred to as electric
vehicle charging stations (EVCS), shall be permitted accessory uses
in all zones and for all uses, except one- and two-family dwellings.
(2)
Any
new parking lot with greater than 20 parking spaces shall provide
EVCS's at a minimum rate of one EVCS for every 20 parking spaces.
(3)
EVCS's
shall be designed to current industry standards and adequately lit.
R.
Leasing or renting of parking spaces.
[Added 7-18-2018 by Ord.
No. 2018-19]
(1)
Private property owners, meeting the following requirements, may
lease or rent unutilized parking spaces on their property.
(a)
A development permit is required.
(b)
A survey shall be provided indicating the location and time
of each parking space to be leased or rented.
(c)
A statement shall be provided indicating the availability of
parking spaces during the lease time.
(d)
No stacked parking shall be allowed unless the spaces are utilized
by a bona fide valet service.
(e)
Parking lots associated with a vacant building may be leased
for no more than six months with the option for one renewal.
(f)
Personal vehicles only. Commercial vehicles, vehicles for hire
or unregistered or inoperable vehicles are prohibited.
(g)
Leased spaces must be a minimum of 10 feet from the property
line of an adjoining residential use.
(h)
Adequate fire lanes are to be maintained, with any parking within
the fire lanes enforceable by the Police Department.
(i)
Adequate handicapped parking spaces are to be provided which
are only to be utilized by handicapped placard holders.
S.
Stormwater recharge elements. New parking lots with 10 or more spaces
and existing parking lots expanding by 10 or more spaces shall provide
stormwater recharge elements that shall include at least two of the
following: pervious pavement, tree filter boxes, rain gardens, bioswales
or stormwater planters.
[Added 8-21-2019 by Ord.
No. 2019-38]
[Amended by Ord. No. 1994-19]
B.
Lighting. All lighting fixtures for a private swimming pool shall
be installed so as to comply with all applicable safety regulations
and shall be shielded so as to prevent any direct beam of light from
shining on any adjoining property.
C.
Electric lines. No overhead electric lines shall be carried across
any swimming pool or wading area.
D.
Noise. No activities shall be conducted at any private swimming pool
which shall cause undue noise or constitute a nuisance to any neighbor.
E.
Building permit. When an application is made for a permit to construct
and locate a private swimming pool, the applicant shall show an approval
from the Board of Health of the Borough as to the suitability and
adequacy of design, materials and construction or construction specifications
of said pool, including all accessory equipment, apparatus and appurtenances
thereto. The application for a private swimming pool building permit
shall identify the building lot, the location of the residence, location
of swimming pool, all accessory equipment and apparatus, type of pool,
all basic dimensions, location of steps, diving stands, boards and
location and detail specification of enclosure and gate on the lot.
F.
Pool location. An outdoor private swimming pool shall be located
not less than eight feet from the side or rear of the residence on
a building lot, to the rear of the building setback line.
G.
Pump location. The pump of a filtration or pumping station of a private
swimming pool shall be located not less than 10 feet from any side
or rear property line.
H.
Drainage. Private pools situated or extended above ground level and
less than 50 feet from an abutting property shall be surrounded by
a suitable drainage system leading to a street or brook so as to be
able to carry away all the water in the pool in the case of a break.
I.
Enclosure.
(1)
Permanent underground pools shall be surrounded entirely by a fence,
with no openings greater than a two-inch square, and capable of holding
a live load of 250 pounds between posts located not more than eight
feet apart; however, side(s) of the residence may serve as part of
the enclosure. The fence shall be located not less than six feet from
the closest edge of the pool. Fences shall be at least four feet high,
and if made of wire, they must be of the chain-link type. All supporting
structures shall be on the inside of the fence, and the top of such
support shall be at least one inch lower than the top of the fence.
(2)
Permanent aboveground pools constructed with an attached fence being
at least four feet in height above ground level and capable of holding
a live load of 250 pounds between posts located not more than eight
feet apart need no additional fencing.
(3)
Temporary aboveground pools, when not in use, must be emptied or
covered with a suitable protective covering securely fastened or locked
in place unless enclosed by a fence meeting the requirements for a
permanent underground pool.
J.
Gate. Any opening or openings in the fence to afford entry to the
pool shall be equipped with a gate similar to the fence and shall
extend from not more than two inches above the ground to the height
of the fence. The gate shall be of a self-closing type, opening outwardly
only, and be equipped with a lock and key or padlock and chain and
shall be kept locked, except when the pool is in use.
K.
Yard setback requirements. The yard setback requirements for the
zoning district in which the property is located are applicable to
the footprint of the external edge of the pool structure and improvement
structures associated with the pool, including, but not limited to,
walkways, aprons, patios, platforms or decks adjacent to or associated
with the pool or walkways; provided, however, fencing around the pool
is not subject to the structural setback requirements.
A.
General requirements. 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 behind sidewalk) to each lot and all
storm drains, shall be installed in all roadway areas prior to the
construction of final pavement surfaces.
B.
Type of pavement. All roadways shall be constructed with either a
bituminous concrete flexible pavement structure or a portland cement
concrete rigid pavement structure. Only one type of pavement shall
be utilized throughout any development.
C.
Pavement structure design.
(1)
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. 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 Borough Engineer.
(2)
As a minimum requirement, 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, shall be reinforced,
constructed with Class B air-entrained concrete and shall have a minimum
thickness of 6 1/2 inches for local, local collector and minor
collector streets and eight inches for other classifications. Flexible
bituminous concrete pavements shall have an equivalent structural
depth of at least 10 inches for local, local collector and minor collector
streets, having a minimum wear surface of not less than 1 1/2
inches of pavement, Type FA-BC-1, and a minimum bituminous stabilized
base course of not less than 3 1/2 inches and dense graded aggregate
base course to provide the remaining depth, and an equivalent structural
depth of at least 14 inches for other street classification, having
a minimum wearing surface of not less than 1 1/2 inches of pavement,
Type FA-BC-1, a minimum bituminous stabilized base course of not less
than 5 1/2 inches, and a dense graded aggregate base to provide
the remaining depth. Bituminous stabilized base may be substituted
for aggregate base on a one to three ratio (stabilized base to aggregate
base), all in accordance with the applicable requirements of the Standard
Specifications.
D.
Subgrades. All subgrade shall be prepared in accordance with the
applicable requirements of the Standard Specifications for bituminous
concrete and reinforced concrete pavements. 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. The provision of a uniform roadway
subgrade meeting the requirements of the Standard Specifications shall
be the full responsibility of the developer. In certain cases, special
treatment may be required because of the character or nature of the
subsoil. Such special treatment may include lime or cement stabilization,
wet excavation, or construction of underdrainage fields. Any proposals
by the developer to stabilize subgrade shall be subject to the approval
of the Borough Engineer.
E.
Subbase and/or aggregate base 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. 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. Dense graded aggregate base courses
shall comply with the requirements of the Standard Specifications
for Soil Aggregate, Dense Graded Aggregate Base Course, or I-4 or
I-5 Soil Aggregate. Portland cement concrete pavements must be constructed
with a minimum of six inches of a granular type subbase meeting the
requirements of the Standard Specifications for Soil Aggregate, I-8
Soil Aggregate. Any subbase course of aggregate base course to be
utilized with any type of pavement shall have a minimum thickness
of four inches.
F.
Bituminous base course.
(1)
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, 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.
(2)
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.
G.
Bituminous pavements.
(1)
Bituminous pavements shall consist of a bituminous concrete
surface course, Type FA-BC-1, in accordance with the requirements
of the Standard Specifications. The bituminous pavement wearing surface
should generally not be installed until just prior to the time the
streets are prepared for final acceptance. Prior to the installation
of a bituminous concrete surface, the bituminous base course shall
be inspected by the Borough Engineer. Any areas of the base course
in need of repair shall be removed and replaced at the discretion
of the Borough Engineer.
(2)
If the Borough Engineer directs, a leveling course of FA-BC
material shall be placed on uneven or below-grade base pavement surfaces.
Bituminous concrete surface course shall not be placed unless permission
to do so has been granted by the Borough Engineer.
H.
Concrete pavements. Concrete pavements shall be constructed in accordance
with the requirements of the Standard Specifications. Expansion joints
shall be New Jersey State Department of Transportation Type A expansion
joints. The developer may submit, at the time of the submission of
the preliminary plat, an alternate expansion joint detail. The use
of such alternate detail must be recommended by the Borough Engineer
and approved by the municipal agency; 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.
The remaining pavement in the development may, if the subdivider elects,
be bituminous concrete. This will be an exception to the requirements
that all pavement constructed within a development be of one type.
I.
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.
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
Borough Engineer has inspected the installation of and tested and
approved a suitable sample section of such pavement. In the event
the Borough 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 chapter or such other alternate
as may be approved by the municipal agency.
A.
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. Said screening may consist of the following:
(1)
Densely planted evergreen shrubs, which shall grow to not less
than five feet after one growing season; and
(2)
A solid and uniform fence at least five feet in height on four
sides of the equipment; or
(3)
A masonry wall at least five feet in height on four sides of
said equipment; or
(4)
Extensions or parapet walls or mansard rooflines or structural
or ornamental screens or baffles; or
(5)
Any similar types of solid or uniform screening, which will
prevent exposure of such equipment to public view.
B.
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.
A.
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 Red Bank Borough Department
of Public Utilities.
B.
Prior to the approval of any final plat, the full approval of any
sewage disposal system must have been obtained from the Red Bank Borough
Department of Public Utilities and filed with the municipal agency,
or the final approval will be conditioned upon full approval of the
Red Bank Borough Department of Public Utilities.
A.
General requirements.
(1)
Sidewalks shall be constructed on both sides of all streets
within a development and entirely around the perimeter of all culs-de-sac.
Where the development abuts an existing street, the sidewalk shall
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.
(2)
The requirements of the Standard Specifications regarding curing
precautions must be strictly observed.
B.
Location. Sidewalks within street rights-of-way shall generally be
located with the sidewalk edge farthest from the roadway placed one
foot 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 municipal
agency may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
C.
Sidewalk construction.
(1)
Sidewalks shall be four feet wide and four inches thick, except
crossing driveways, where the thickness shall be increased to six
inches for residential uses and all drives to parking areas of less
than 50 spaces and to eight inches for all other uses. 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 for residential uses and a maximum of 15 feet
for commercial and mixed uses). All sidewalk construction shall be
in accordance with the applicable requirements of the Standard Specifications.
Concrete shall be Class C, air-entrained. Preformed bituminous cellular
joint fillers 1/2 inch thick shall be placed at intervals not exceeding
20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk
between the expansion joints at intervals not exceeding the width
of the sidewalk.
(2)
The sidewalk subgrade shall be compacted prior to the placement
of any sidewalk. All unsuitable material encountered in the subgrade
shall be removed and replaced with suitable material acceptable to
the Engineer. All six-inch or eight-inch sidewalk areas crossing driveways
shall be reinforced at the midpoint or 1/3 points, respectively, of
the sidewalk section. Reinforcing shall be welded wire fabric (66-1212),
or an equivalent approved by the Borough Engineer. The Engineer may
also require the four-inch-thick sidewalk be similarly reinforced
if unsuitable ground conditions are encountered.
D.
Apron construction. Reinforced concrete aprons shall be constructed
at all driveways between the concrete curb (or combination curb and
gutter) and the concrete sidewalk. Such aprons shall be six inches
thick for residential uses and all drives to parking areas of less
than 50 spaces and to eight inches for all other uses and shall be
reinforced with welded wire fabric (66-1212), or an equivalent approved
by the Borough Engineer, located at the midpoint or 1/3 points, respectively,
of the apron section. Concrete shall be Class C, air-entrained. The
width of the apron at the curbline shall be not less than the width
of the driveway plus 10 feet or a minimum of 20 feet, whichever is
greater.
E.
Driveway depressions. At each driveway without curb return radii,
the concrete curb or combination 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 10 feet, but not less than 20 feet.
At driveways with curb return radii, the curb depression shall accommodate
the exterior limits of the radii. The depression shall be smoothly
formed to maintain a lowered curb face across the depression of at
least one inch, but not more than two inches. The bottom of the curb
shall be lowered to maintain full curb depth across the depression.
F.
Alternate sidewalk or apron types and/or locations.
(1)
In areas where alternate sidewalk or apron types and/or locations
are proposed or desired, either for 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.
(2)
Continuous slip-formed sidewalks may be permitted if such is
considered to be desirable by the Borough Engineer. 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 Borough
Engineer has inspected the installation and tested and approved a
suitable sample section of such sidewalk. In the event the Borough
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 chapter or such other
alternate as may be approved by the municipal agency.
G.
Curb ramps for the physically handicapped.
(1)
Curb ramps for the physically handicapped shall be constructed
on all street curb returns and, where appropriate, in parking areas.
In general, two curb ramps shall be constructed at each corner. (See
Figure No. XIII.) A single ramp at the center of the corner is acceptable
when site conditions preclude the use of the two-ramp system. (See
Figure No. XIV.)[1]
[1]
Editor's Note: Amended at time of codification of the Planning
and Development Regulations.
(2)
Curb ramps for the physically handicapped shall be constructed
in accordance with the standards shown on Figures No. XIII and XIV.
If there is a grass or landscaped area between the curb and the sidewalk,
side ramps need not be provided. Curb ramps shall be provided at all
four corners of full intersections and at the two corners plus a location
across the street from both of the ramps at "T" intersections.
(3)
The developer shall submit a detailed intersection grading plan
for approval of the Borough Engineer prior to installation of the
curbs, sidewalks and curb ramps at the intersection.
[Amended by Ord. No. 1988-21; Ord. No. 1992-28; Ord. No. 1999-6; Ord. No. 2002-17; Ord. No. 2003-41]
All signs shall conform to the provisions of this section and
to the applicable requirements of the New Jersey Uniform Construction
Code.
A.
General objectives:
(1)
To protect the public health, safety and welfare by restricting
signs which impair the public's ability to receive information, violate
privacy, or which increase the probability of accidents by distracting
attention or obstructing vision.
(2)
To encourage signs which promote a desirable visual environment
through creative yet orderly design arrangements.
(3)
To encourage signs which aid orientation, identify activities,
describe local history and character or serve other educational purposes.
(4)
To encourage the replacement of nonconforming signs by conforming
signs through the strict enforcement of the procedures and requirements
of this section.
B.
Application shall be made to the administrative officer for the issuance of a development permit by any person wishing to erect, alter, modify or expand any sign, except minor signs as described in Subsection D(1) of this section. The development permit shall be decided and acted upon in accordance with this chapter and the Municipal Land Use Law.[1]
[Amended 12-12-2018 by Ord. No. 2018-38]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
General standards. The following general standards shall apply to
all signs:
(1)
Prohibited signs. All signs not specifically permitted are prohibited.
(2)
Signs to relate to use of property. All signs, unless specifically
stated otherwise in this section, shall relate to the use or occupancy
of the property upon which the sign is located.
(3)
Modification of graphic content. The graphic content of a sign
may be modified without obtaining a development permit, provided that
the proposed graphic content complies with all applicable provisions
of this section, except that any condition of approval contained in
a resolution of either the Planning Board or Board of Adjustment,
which specifies graphic content of the sign, shall require that a
new or amended approval be issued by said Board prior to graphic content
modification.
(4)
Illumination.
(a)
Unless specifically stated otherwise in this section, all signs may be either internally or externally illuminated in accordance with the standards found in § 490-54C(12) of this chapter.
(b)
An illuminated sign located on a lot adjacent to or across the
street from any residential district and visible from such residential
district shall not be illuminated between the hours of 11:00 p.m.
and 7:00 a.m., unless the use to which the sign pertains is open for
business during those hours.
(c)
No sign shall contain blinking, flashing, flickering, tracer
or sequential lighting and shall remain stationary and constant in
intensity and color at all times.
(d)
All wiring for permanent illuminated signs shall be installed
and maintained so that it is not within public view. The running of
wiring or conduit along the exterior wall of a building to access
a sign is specifically prohibited, except that the Construction Official
may permit exterior conduit if in the judgment of the Official there
is no practical way to run the conduit so that it is not within public
view.
(e)
Intensity of illumination. For purposes of illumination, existing
areas are classified as either low- or high-illumination areas.
[1]
A "low-illumination area" is defined as places where, at night,
the average maintained footcandle level is equal to or less than 1.5
footcandles.
[2]
A "high-illumination area" is defined as places where, at night,
the average maintained footcandle level is greater than 1.5 footcandles.
[a]
For externally lighted signs, the following shall
apply:
Maximum Illumination
(watts/feet2)
| |||
---|---|---|---|
Lamp Type
|
Low-Illumination Area
|
High-Illumination Area
| |
Incandescent
|
7.1
|
14.3
| |
Quartz
|
7.1
|
14.3
| |
Fluorescent
|
2.1
|
4.2
| |
Mercury vapor
|
2.1
|
5.7
| |
Metal halide
|
1.6
|
3.2
| |
High-pressure sodium
|
1.4
|
2.9
|
[b]
For internally lighted signs, the following shall
apply:
Maximum Illumination
(watts/feet2)
| |||
---|---|---|---|
Lamp Type
|
Low-Illumination Area
|
High-Illumination Area
| |
Fluorescent
|
8.0
|
12.0
| |
Incandescent
|
27.2
|
40.0
|
(f)
Lit signs, both internally and externally illuminated, facing
and visible from the Navesink River or Swimming River are specifically
prohibited.
[Added 6-19-2019 by Ord.
No. 2019-23]
(5)
Obstruction of accessways. No sign or sign structure shall obstruct
a fire escape, door, window, or other required accessway. No sign
shall be attached to a standpipe or fire escape, except those signs
required by the Municipal Authority.
(6)
Obstruction of window surface. No sign shall project over, occupy
or obstruct any window surface required for light or ventilation by
any application by any applicable law, ordinance or regulation.
(7)
Traffic safety.
(a)
No sign shall be maintained at any location where, by reason
of its position, size, shape, content or color, it may, in the opinion
of the Chief of Police, obstruct, impair, obscure, interfere with
the view of, or be confused with any traffic control sign, signal
or device or where it may interfere with, mislead or confuse traffic.
(b)
No sign which uses the words "stop," "look," "caution," "danger,"
or any similar wording, which may confuse or mislead the public, shall
be permitted.
(8)
Signs in right-of-way. No sign or any part of a sign, except
approved projecting signs and/or sidewalk signs or publicly owned
or authorized signs, shall be placed or extend into or over any public
right-of-way.
[Amended 12-12-2018 by Ord. No. 2018-38]
(9)
Sign permanency. All signs shall be securely affixed in a permanent
manner to either the ground or building, unless specifically stated
otherwise in this section.
(10)
Signs affixed to certain structures. No sign shall be affixed
to any roof, tree, fence, utility pole, or other similar structure,
nor placed upon motor vehicles which are continually or repeatedly
parked in a conspicuous location to serve as a sign; however, nothing
is intended to prohibit the placement of signs, not exceeding three
feet in any dimension, directing traffic or identifying various parking
locations within a lot on light poles and utility poles erected therein.
Signs painted on pavement surfaces shall be restricted to traffic
control markings only.
(11)
Advertising flags, banners, pinwheels. No advertising flags, banners, pinwheels, portable signs, or similar advertising devices shall be permitted, except in accordance with Subsection E(2) of this section or as directed or authorized by the municipality.
(12)
Animated or moving signs. No animated or moving signs shall
be permitted, except for the required movement of time and temperature
displays.
(13)
Painted signs. No sign may be painted directly on the surface
of any building, wall, fence or similar structure.
(14)
Sparkling and glittering signs. No sign may utilize reflection-enhanced
or fluorescent colors or contain any material which sparkles, reflects
or glitters; however, nothing herein is intended to prohibit the use
of reflective paint on signs directing traffic or identifying various
locations within a property.
(15)
Sign measurement.
(a)
Area to be included. The supporting structure or bracing of
a sign shall be omitted in measuring the area of the sign, unless
such structure or bracing is made part of the message or sign face,
and provided that such structure or bracing has a total horizontal
projected width less than 20% of the sign width or six inches. Where
a sign has two sign faces back-to-back and parallel to each other,
the area of only one face shall be included in determining the area
of the sign.
(b)
Area of signs with backing. The area of all signs with backing
shall be measured by computing the area of the sign backing.
(c)
Area of signs without backing. The area of all signs without
backing shall be measured by computing the area of the smallest geometric
figure which can encompass all words, letters, figures, emblems and
other elements of the sign message with a clearance of at least four
inches from any such element.
(d)
Area of signs with and without backing. The area of all signs
formed by a combination of elements with and without backing shall
be measured by combining the area of such elements measured in accordance
with the foregoing subsections.
(e)
Permitted shape appurtenances to sign area. Notwithstanding
the restrictions found elsewhere in this section concerning sign face
shape and area, sign shape appurtenances, in accordance with the following
standards, shall be permitted and excluded from the computation of
permitted sign area:
[1]
Permitted sign shape appurtenances applicable to
sign types as indicated in Schedule A.[2]
[a]
Sign appurtenances shall be permitted only when designed as
an integral part of the sign, constructed of similar materials, and
graphically compatible in color, shape, position, and scale with the
permitted sign face.
[b]
Sign appurtenances cannot increase the proposed
sign area by greater than 15%.
[c]
Sign appurtenances cannot extend above or below
the sign face by a distance greater than 25% of the sign face height.
[d]
Sign appurtenances cannot project outward beyond
the face of the proposed sign.
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
(f)
Height of signs. Sign height shall be measured between average
grade and the highest point of the highest element of the sign.
(16)
Multiple sign faces. No sign may contain more than one sign
face, except that two sign faces back-to-back and parallel to each
other (no angle between sign faces) (commonly known as a "double-faced
sign") shall be permitted. No double-faced sign shall be greater than
18 inches in thickness as measured between sign faces.
(17)
Graphic content coverage. The maximum coverage of any sign face
by graphic contents shall not exceed 60%.
(18)
Billboards. Billboards, as defined in § 490-6 of this chapter, shall not be permitted within the Borough. Billboards existing prior to adoption of this section shall be permitted and may be repaired and maintained as required but may not be enlarged or moved from their foundation or support footings. No replacement of a billboard shall be permitted upon removal or demolition of an existing billboard.
(19)
Location. Except for all signs affixed to a building or some
other structure, as permitted by this subsection, all other signs
shall be erected no closer than eight feet from any curbline. For
properties with a principal structure located less than eight feet
from the curbline, a sign may be located no closer than 1/2 the distance
between that structure and the curbline or may be affixed to that
building or principal structure. In no case may any sign be located
in the public right-of-way.
[Added 4-14-2008 by Ord. No. 2008-3]
(20)
Letter height. All signs shall have a minimum two-inch letter
height.
[Added 12-12-2018 by Ord.
No. 2018-38]
D.
Permitted signs.
(1)
Minor signs. The following signs shall be considered minor signs
and shall be exempt from the requirement of obtaining a development
permit:
(a)
Governmental signs erected or authorized by a governmental unit.
(b)
Nameplate signs, provided that such signs are limited to no
more than one wall or ground sign per occupancy; are no more than
75 square inches in area; are nonilluminated, or externally illuminated;
and, if a ground sign, are no more than three feet in height.
(c)
Warning signs, provided that such signs are limited to no more
than two wall or ground signs per occupancy; are no more than three
square feet in area each; are nonilluminated; and, if a ground sign,
are no higher than three feet in height.
(d)
Construction signs, provided that such signs are limited to
no more than one wall or ground sign per parcel; are no more than
32 square feet in area; are nonilluminated; and are maintained for
no more than 14 days following the conclusion of the construction
in question.
(e)
Nonilluminated window signs visible in windows of business uses
abutting a public roadway or parking facility, provided that the total
graphic content coverage area of a window sign shall not exceed 20%
of the area of the window in which it is exhibited; provided, however,
that a minimum of 20 square feet of window signs will be permitted
regardless of window area covered.
[Amended 12-12-2018 by Ord. No. 2018-38]
(f)
Special events signs, provided that there are no more than three
places in any business at any given time and they are nonilluminated
and are maintained for a period of no longer than 45 days before the
applicable event nor more than three days after such event.
(g)
Real estate signs, provided that such signs:
[Amended 4-14-2008 by Ord. No. 2008-3]
[1]
Are limited to no more than one nonilluminated, temporary wall
or ground sign pertaining to the lease, rental, or sale of the same
lot or building upon which it is placed;
[2]
Are not more than six square feet in area per residential lot
or 10 square feet in area per nonresidential lot;
[3]
Are no higher than six feet if a ground sign;
[4]
Are erected or displayed not less than eight feet from any curbline. For properties with a principal structure located less than eight feet from the curbline, the standards set forth in Subsection C(19) of this section shall apply;
[5]
Must be removed from the premises within seven days after the
property is sold or leased; and
[6]
Use of the word "sold" or any other notation to indicate that
the real estate is no longer on the market is specifically prohibited.
(h)
On-site informational signs, provided that each sign is limited
to a wall, window or ground sign of not more than two square feet
in area and not more than seven feet in height above grade. The sign
may include a business name or logo but shall not include any advertising
message. In locations where more than one business share a common
vehicular access, signs marking entrances and exits shall contain
only the name of the shopping or business center. Multiple signs identifying
each tenant or use are specifically prohibited.
(i)
Flags and emblems of a government or of a political, civic,
philanthropic, educational or religious organization.
(j)
Private sale and event signs, provided that such signs are no
more than six square feet in area; are located entirely on the premises
where such sale or event is to be conducted or on other private property
pursuant to the owner's consent; are clearly marked with the name,
address and telephone number of the person responsible for the removal
of such sign; are erected not more than 36 hours in advance of such
sale or 45 days in advance of such event; and are removed on the day
following the conclusion of such sale or event. No more than four
signs may be placed on any business property nor more than one on
any residential property.
(k)
Portable signs, but only for motor vehicle service stations
and subject to these restrictions:
(l)
Traffic signs and signals: temporary or permanent traffic signs
and signals installed or authorized by the Borough, county, or state
for the purpose of directing and regulating the flow of traffic.
(m)
Public transportation signs: signs indicating public transportation
stops when installed or authorized by the Borough or a public transportation
authority or agency.
(n)
Vacated property signs, provided that only one such sign shall
be provided, either affixed to a building wall or located within a
window, not exceeding six square feet in area, nor displayed for longer
than 60 days following vacating the property.
(o)
Signs on machines: signs which are an integral part of vending
machines, including gasoline pumps, milk and ice machines, provided
that they do not collectively exceed three square feet in area per
machine.
(p)
Interior signs: signs which are located within buildings and
not within 18 inches of a window visible from a public street or public
parking facility.
(q)
Political signs. Such signs shall not be more than 14 square
feet in area per lot. Signs shall be located entirely on private property
pursuant to the owner's consent and shall be clearly marked with the
name, address and telephone number of the person responsible for the
removal of such signs. Political signs directed towards elections
shall be removed within 14 days following such election.
(r)
Special sales signs, meeting the restrictions of Subsection E(2)(a)[1] and [2] of this section, displayed not more than three days prior nor three days after any federally designated holiday.
[Amended 12-12-2018 by Ord. No. 2018-38]
(2)
Exempt signs. The following signs, when listed as a permitted accessory use in a specific zone as stated in Article X of this chapter and conforming in all respects to the details for each sign type, shall be considered an exempt development under this section:
(a)
Sign types A, B, G1, G2, G3, G4, W1, W2, W3, P1, R1, R2, R3
(See Schedule A.[3]), when not requested as part of an application for site
plan, subdivision, or conditional use approval before the Planning
Board or Board of Adjustment.
[3]
Editor's Note: Schedule A is included as an attachment to this chapter.
(3)
Nonexempt signs. The following signs are not exempt and require
development permit approval:
(a)
Signs that are not listed as a permitted accessory use in the
zone.
(b)
Signs that do not conform, in all respects, to the details and
design standards for the particular type.
(d)
All signs when requested as part of an application for site
plan, subdivision, or conditional use approval before the Planning
Board or Board of Adjustment.
(e)
Signs not permitted.
(4)
Signs not permitted or failing to conform to sign standards
shall require Planning Board or Zoning Board approval as determined
by the administrative officer.
[Amended 12-12-2018 by Ord. No. 2018-38]
E.
Sign classification.
(1)
Type A signs. The following signs shall be considered Type A
signs:
(a)
Memorial signs, provided that such signs are limited to no more
than one wall or ground sign per occupancy; are made of durable materials,
such as bronze, stone or concrete; are no more than four square feet
in area; and are nonilluminated.
(b)
Historical or architectural designation signs, provided that
such signs are limited to no more than one wall or ground sign per
occupancy; are no more than six square feet in area; are not illuminated;
and contain no commercial advertising.
(c)
Religious institution bulletin signs, provided that such signs
are limited to no more than one per site; are no more than 20 square
feet in area; and are no greater than six feet in height.
(d)
Multiple-family identification signs: identification signs accessory
to a multiple-family dwelling, provided that such signs are limited
to no more than one wall or ground sign per building; are not more
than six square feet in area each; and, if a ground sign, are not
more than five feet in height.
(e)
Home occupation signs, provided that such signs are limited
to no more than one wall sign per occupancy; are no more than one
square foot in area; and are nonilluminated.
(f)
Housing development signs: signs in conjunction with each housing
development as follows:
[1]
At the main entry to the development, one nonilluminated ground
sign which shall state the name of the development and no other advertising
message. The sign shall not exceed 20 square feet in area nor six
feet in height.
[2]
At the sales or rental office of the development, one externally
illuminated or nonilluminated ground sign, advertising the office,
not to exceed 10 square feet in area nor four feet in height.
[3]
Path-marking signs, the sole purpose of which is to direct the
public to the housing development. Four temporary, nonilluminated
ground signs may be located within the Borough on private property,
subject to written authorization of the property owner. Each sign
shall not exceed eight square feet in area and six feet in height.
Path-marking signs shall be permitted for a period of six months and
may be renewed for additional periods of six months during the construction
period.
(2)
Type B signs. The following signs shall be classified as Type
B signs:
(a)
Special sales signs, subject to these restrictions:
[1]
Total of all signs (including window signs) may not occupy more
than 40% of the signable area or 100% of the window area within the
signable area, whichever is greater.
(b)
Awning signs containing only the name of the business, logo,
and street number, restricted to the drop-leaf (fringe) of the awning
and occupying an area no greater than 40% of the total drop-leaf area.
The drop-leaf of any awning used as an awning sign shall not exceed
10 inches in height. No portion of an awning, other than the drop-leaf
(fringe), may be used as a sign.
(3)
Other signs. All other permitted signs shall be classified as
indicated in Schedule A attached hereto and made a part hereof. Also
attached and made a part hereof is Schedule A-1, Historical Sign Colors,
which supplements Schedule A.[5]
[5]
Editor's Note: Said schedules are included as attachments to this chapter.
F.
Sidewalk
signs.
(1)
Pursuant to the provisions of this subsection, signs may be
placed in or extend to the public right-of-way.
(2)
Exemption from development permit. Sidewalk signs, including
sandwich board signs, shall be considered minor signs and shall be
exempt from the requirement of obtaining a development permit. However,
no sidewalk sign shall be erected without a permit issued by the Borough
Clerk in consultation with the Fire Marshal, the Chief of Police and
such other officials, or their designees, as may be desirable. An
annual application fee of $25 shall accompany each such permit application.
Permits shall be valid from January 1 to December 31 of each calendar
year.
(3)
Permitted zones and sign restrictions. Each business located
within the NB, BR-1, BR-2, CCD-1, CCD-2 and HB Zones and having its
own separate entrance onto the public sidewalk at street level may
place upon the public sidewalk in front of the said place of business
and solely during the hours the said business is in operation one
sign meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height
of 42 inches and maximum depth of 20 inches;
(b)
The sign shall be located no closer than 10 feet to any side
yard property boundary; provided, however, that in the case of a property
having a frontage of less than 20 feet, the sign shall be located
as near to the center of the frontage as practicable. The sign shall
be further located within four feet of either the curb face or the
front of the building; provided further, however, that a sixty-inch-wide
unobstructed path shall be maintained at all times on the sidewalk;
(c)
The sign shall be constructed of weather-resistant materials
(No paper, fiberboard, foamcore board, corrugated paper or unfinished
wood materials shall be permitted.) and shall be constructed and/or
weighted so as to be impervious to the effects of strong winds. The
sign shall be maintained at all times in good repair and shall not
be permitted to weather, fade, peel, crack or otherwise deteriorate;
(d)
Signs located in the Historic District shall be limited to those colors contained in Schedule A-1 Chapter 490;
(e)
Sidewalk signs located within the Business Improvement District
shall be subject to design review by RiverCenter in accordance with
its Design Bulletin No. 11.
(4)
Notwithstanding anything contained in this subsection to the contrary, the Fire Marshal and/or Chief of Police shall have the right to prohibit or further restrict the location of any sidewalk sign which, in their sole discretion, they deem by virtue of the sign's construction or location to constitute a safety hazard to the public. Any violation of the provisions of this subsection shall be subject to punishment pursuant to the general penalty provisions at Chapter 1, Article II, of this Code. Each day that a violation persists shall be considered a separate violation of this subsection.
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 sides by a solid
uniform fence or wall not less than five feet nor more than eight
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-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 areas 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 a 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 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
for solid waste are proposed.
A.
General requirements. 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 either slip-joint-type
reinforced concrete or, subject to the restrictions herein, fully
coated, invert paved, corrugated metal steel culvert pipe meeting
the requirements of the Standard Specifications and 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
or No. 14 gauge for corrugated metal steel pipe shall be allowed.
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 10%. Concrete pipe below 30 inches (or equivalent)
in size will be jointed using a mortared joint in accordance with
the specifications. Concrete storm drain pipes, 30 inches or larger
in diameter, will be jointed using a preformed bituminous mastic pressure-type
joint sealer or rubber-ring-type or other equivalent approved joint.
All corrugated metal 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. Where conditions permit, corrugated
aluminum storm drains may be substituted for corrugated metal steel
storm drains where the same is otherwise permitted on the basis of
an equivalent three-edge bearing or crushed strength. Substitution
on an equivalent-gauge basis will not be allowed. All storm drains
shall be tangent between inlets, manholes or other structures, except
that the use of fittings or factory curved or mitered pipe may be
allowed by the Borough Engineer when necessary to accommodate existing
geometry or utilities. 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, precast concrete and sections or corrugated metal 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 600 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 flow of four or more cubic
feet per second, on paved surfaces shall not exceed 750 feet, provided
that:
(a)
Gutter flow widths on local and local collector streets shall
not exceed 11 feet, or such narrower width as may be necessary to
provide a twelve-foot-wide clear lane in the center of the roadway.
(b)
Gutter flow width on minor collector streets shall not exceed
nine feet, or such narrower width as may be necessary to provide two
twelve-foot-wide clear lanes in the center of the roadway.
(c)
Gutter flow widths on major collector streets without shoulders
shall not exceed five feet, or such narrower width as may be necessary
to provide four ten-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 12
feet.
(4)
Maximum design capacities which may be used to determine actual
inlet location and spacing are:
(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
flow exceeding two 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 inches at any point calculated for the appropriate design storm in accordance with Subsection H(1) of this section and shall meet the criteria set forth in Subsection H(11) of this section.
F.
Type of inlets and manholes. All curb inlets shall be New Jersey
Department of Transportation Standard Type B, and all yard inlets
shall be Standard Type E; all manholes shall be New Jersey Department
of Transportation standard four-foot diameter, unless a larger diameter
is necessary. Casting heights on curb inlets shall be two inches greater
than the specified curb face, and the gutter shall be properly transitioned
approximately 10 feet on either side of the inlet.
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 top width of the channel section
segment plus 25 feet rounded to the next highest five-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 feet. Excess velocity, if any, as determined by the Borough
Engineer, in open channels must be controlled by sod, riprap, paving,
ditch checks or other suitable methods. Changes of direction in open
channels must have a maximum radius of 800 feet or be adequately paved
or riprapped.
(2)
Generally, unlined open-channel cross sections shall have side
slopes not steeper than four to one for channel depths of two feet
or less and not steeper than eight to one for channel depths of more
than two feet. Lined open-channel side slopes shall not be steeper
than two to one.
(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 cubic feet per second or more for at least two out of
every 12 months will be provided with a low-flow channel using gabions,
riprap, lining, one-third pipe sections or other arrangements approved
as part of the final plat submission.
H.
Minimum basis for calculations.
(1)
Design storm frequency:
(a)
For closed conduits, five years; or, if the above results in
a conduit size at least equivalent to a twenty-one-inch reinforced
concrete pipe, then 10 years; or, if the above results in a conduit
size at least equivalent to a thirty-inch reinforced concrete pipe,
then 25 years; or, if the above results in a conduit size at least
equivalent to a fifty-four-inch reinforced concrete pipe, then 50
years.
(b)
For open channels, 10 years; or, if the tributary area exceeds
50 acres, then 25 years; or, if the tributary area exceeds 250 acres,
then 50 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-hour flood with a return
period not less than 50 years; or, if the tributary area exceeds 50
acres, then 100 years.
(d)
For retention facilities, double the capacity obtained by applying
the requirements for detention facilities.
(e)
For gutter flow calculations, 10 years for local, local collector
and minor collector streets, 25 years for major collectors and minor
arterials and 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 Borough 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 to 0.30
| |
Low-density residential
|
0.30 to 0.45
| |
Medium-density residential
|
0.40 to 0.60
| |
High-density residential
|
0.55 to 0.70
| |
Commercial and industrial
|
0.60 to 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 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 not be less than 1/2 foot per second
and not greater than that velocity which will begin to cause erosion
or scouring of the channel. For unlined earth channels, the maximum
velocity allowed will be two 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 Borough 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.
For all flow of 40 cubic feet 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 Borough Engineer 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 0.012 will be used for nonporous concrete pipe; a factor of
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 0.012 will be used for fully lined
concrete channels; a factor not less than 0.025 will be used for good
earth channels; and a factor not less than 0.100 will be used for
fair to poor natural streams and watercourses. Commensurate factors
will be used for other channel types.
(5)
All drainage facilities carrying runoff from tributary areas
larger than 1/2 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 nonpipe 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 other 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 municipal agency may require that any open channel, other than
naturally occurring streams, be fenced with chain-link fencing 48
inches high if the banks of the channel are steeper than one foot
vertically for every four feet horizontally and either the total depth
of the channel exceeds four feet or the channel would be expected
to have a depth of flow greater than two feet more often than once
every 10 years. For maintenance purposes, gates may be required by
the municipal agency at approximately two-hundred-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 one-hundred-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.
(12)
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 municipal agency.
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 sections.
(d)
The construction of flow-retarding devices, detention areas
and recharge berms to minimize runoff value increases.
(e)
Maintenance of the base flow 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 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 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.
[Added 8-28-2006 by Ord. No. 2006-39; amended 5-29-2007 by Ord. No.
2007-19; 7-27-2009 by Ord. No. 2009-26; 8-21-2019 by Ord. No. 2019-37; 3-24-2021 by Ord. No. 2021-05]
A.
Title. This section shall be known as and may be cited as the "Stormwater
Management Ordinance of the Borough of Red Bank."
B.
Permit required; scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection C.
(3)
Applicability.
(a)
This chapter shall be applicable to all major developments undertaken
by the Borough of Red Bank.
(b)
This chapter shall be applicable to all private properties,
other than residential lots with one single-family house, with respect
to storm drain inlet retrofitting, as set forth below.
(c)
Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals under the development permit,
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 section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law, except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
C.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTARY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EROSION
GREEN INFRASTRUCTURE
HYDROLOGIC UNIT CODE 14 (HUC 14)
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLUMBING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REFUSE CONTAINER
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORM DRAIN INLET
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
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.
A state development and redevelopment plan center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
For the purposes of this section only, the division of a
parcel of land into two 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. "Development" also
means any reconstruction or altering of any service located on private
property, except for residential lots with one single-family home,
that is in direct contact with an existing storm drain inlet on that
property only with respect to the storm drain retrofitting provisions
of this section.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
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.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
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
wellhead 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.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the
primary representative of the committee.
For the purpose of this section only, an individual development,
as well as multiple developments that individually or collectively
result in:
The disturbance of 1/2 or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection C(1)(b) and (c) above that totals
an area of 1/4 acre or more. The same surface shall not be counted
twice when determining if the combination area equals 1/4 acre or
more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection C(1)(a), (b), (c), or (d) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
A land vehicle propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Red Bank or other public body and is designed and
used for collecting and conveying stormwater.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection E(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Borough of Red Bank, 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.
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, groundwater or surface waters
of the state or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any waste container that a person controls, whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
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.
The geographic application of the state development and redevelopment
plan's goals and statewide policies, and the official map of
these goals and policies.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
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.
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).
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.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
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.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries and all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
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."
D.
General standards. 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 control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this chapter 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.
E.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection K of this section.
(2)
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
13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection E(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection E(15), (16), (17), and (18) of this section 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
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 E(15), (16), (17) and (18) of this section to the maximum extent practicable;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection E(4)(c) of this section within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection E(15), (16), (17) and (18) of this section that were not achievable on site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection E(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section,
the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection E(15)(b);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection C;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection C.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection G(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection E(15) only if the measures meet the definition of "green infrastructure" at Subsection C. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection E(15)(b) are subject to the contributory drainage area limitation specified at Subsection E(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection E(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection E(4) is granted from Subsection E(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection I(3);
(c)
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;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection I; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection C may be used only under the circumstances described at Subsection E(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection C shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection E(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Monmouth County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection K(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection E of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection E(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection E(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection E(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection E(6) and/or an alternative stormwater management measure approved in accordance with Subsection E(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection E(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection E(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(16), (17), (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection E(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection E(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection F, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection E(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
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
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection E(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R = total TSS percent load removal from application of both
BMPs;
A = the TSS percent removal rate applicable to the first BMP;
B = the TSS percent removal rate applicable to the second BMP.
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection E(16), (17), and (18).
(g)
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.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection F, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection E(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
F.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented. This methodology is additionally described
in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55),
dated June 1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf;
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davidson Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection F(1)(a)[1] and the Rational and Modified Rational Methods at Subsection F(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
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.
(2)
Groundwater recharge may be calculated in accordance with the
following: the New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420, Mail Code 29-01, Trenton, New Jersey 08625-0420.
G.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to the Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
H.
Solids and floatable materials control standards. Site design features identified under Subsection E(6) above, or alternative designs in accordance with Subsection E(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection H(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
(c)
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 system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(d)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Subsection H(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4 5/8 inches long and 1 1/2 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
I.
Safety standards for stormwater management basins.
(1)
This section 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.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection I(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
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:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars.
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack.
[4]
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 300 pounds per square foot.
(b)
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:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(c)
For purposes of this subsection, "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:
[1]
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 I(4) of this section, a freestanding outlet structure may be exempted from this requirement.
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection I(5) of this section for an illustration of safety ledges in a stormwater management basin.
[3]
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standards. 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.
J.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection J(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the subdivision,
site plan, or development application review process by the Planning
Board, Zoning Board of Adjustment or official from which municipal
approval is sought. The Board and/or Zoning Officer shall consult
the Borough Engineer or other such engineer (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 section.
(3)
Checklist requirements. The following information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man- made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections D through F 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.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre- development and post-development conditions for the design storms specified in Subsection E of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on 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.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection K.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection J(3)(a) through (f) of this section 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.
K.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
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.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the person responsible for maintenance identified under Subsection K(2) of this section is not a public agency, the maintenance plan and any future revisions based on Subsection K(2)(g) of this section shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
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.
(g)
The party responsible for maintenance identified under Subsection K(2)(c) above shall perform all of the following requirements:
[1]
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;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this section 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.
L.
Penalties and enforcement.
(2)
Each instance of engaging in a separate regulated activity in
violation of this section shall be deemed a separate offense.
(3)
In addition, the Borough may institute civil action for injunctive
or other relief to enforce the provisions of this section.
(4)
This section shall be enforced by the Construction Official,
or his designees, the Department of Public Utilities and/or the Code
Enforcement Department.
A.
Street extensions. The arrangement of streets within a development
shall provide for the extension and/or realignment of existing streets,
except that local and local collector streets should only be extended
when such extension is necessary and the municipal agency concurs
that such extension will promote safety and conform to the street
standards contained elsewhere in this chapter.
B.
Street widening. Where developments abut existing roadways, sufficient
right-of-way shall be reserved to provide the right-of-way width proposed
for the functional classification of the street in question.
C.
Design in local streets. Local streets shall be designed in accordance
with the schedule of street design standards and the following requirements:
(1)
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.
(2)
Culs-de-sac (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 100 feet nor longer
than 1,200 feet and should not provide access to more than 25 lots.
They shall provide an end turnaround with a pavement radius of not
less than 40 feet and a property line radius of not less than 50 feet,
which shall have its center point at or to the left of the center
line of the street, when viewed toward the closed end. 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.
(3)
Loop streets should provide access to not more than 45 lots,
except that, where access is provided by a combination of a short-loop
street and culs-de-sac, the maximum shall be 60 lots, provided that
the length of the loop street alone will not exceed 3,000 feet. Loop
streets shall have both of their termini located on the same street.
(4)
P-loops, which are loop streets with a single access point,
should have an entrance not exceeding 700 feet in distance from the
loop intersection. There should also be provided an emergency vehicular
and pedestrian right-of-way of 15 feet minimum width from the loop
providing access to a street which is not a part of the P-loop. The
loop of a P-loop should have a street length not exceeding 3,000 feet.
P-loops should provide access to no more than 60 lots, and the entrance
street should be designed in accordance with the design standards
for collector streets.
(5)
Artificial modifications in street rights-of-way for the purpose
of increasing lot frontage shall be prohibited. Such prohibited modifications
shall include, but not be limited to, widening the right-of-way of
a continuous street through the use of semicircular projections.
(6)
Reduced paving width. When a cul-de-sac or loop street provides
access to 25 or fewer lots, the municipal agency may consider the
use of reduced paving width where, by reason of topography, physical
features or other conditions, the reduced paving width would substantially
reduce disruption of the development's environment. In no case shall
the paving width of a two-way cul-de-sac or loop street be reduced
to less than 26 feet. 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. Such review and approval
must be obtained by the developer before approval of a final plat
will be granted.
D.
Classification of streets. In any development, it shall be the duty
of the municipal agency to approve classification of proposed streets
according to their use. In making its decisions, the municipal agency
shall refer to the Master Plan and shall consider conditions within
the development and the surrounding areas and shall use as a guide
the following street classifications and criteria:
(1)
Local street. A local street is a street serving only single-family
residences and, where feasible, should be either a cul-de-sac or a
loop street meeting the requirements hereinabove set forth. A street
which serves traffic having origins and destinations other than within
the lots which abut the street shall not be considered a local street.
The traffic normally expected on a local street shall be 400 vehicles
per day.
(2)
Collector streets. A collector street is generally a street
gathering traffic from local streets and feeding it into a system
of arterial highways. Even if laid out as a local street, a street
should be considered a collector street if it provides access or could
provide access to more than 150 lots or would be utilized by traffic
other than residential in nature. Collector streets should generally
be expected to carry traffic volumes of approximately 3,000 vehicles
per day. The design speed of collector streets, for alignment and
sight distance purposes, should be 50 miles per hour.
(3)
Arterial highways. Arterials are any federal, state or county
highway or municipal street or road intended to carry traffic between
other arterials and from the Borough to destinations outside the Borough.
Arterial highways should have a design speed of 60 miles per hour
and should be designed to carry traffic exceeding 10,000 vehicles
per day.
(4)
Classification criteria. Street classifications will be approved
by the municipal agency in accordance with the foregoing definitions,
in accordance with the provisions of the Master Plan and Official
Map if such be adopted, in accordance with the provisions of applicable
county and state regulations or plans or, in the absence of specific
information from the above, in accordance with its own best judgment
concerning the use to which the various streets in any development
will be put.
E.
Lots abutting collector streets and arterial highways. In any subdivision
abutting or being traversed by a collector street or arterial highway,
one of the following conditions shall be required by the Board:
(1)
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 25 feet in width.
(2)
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; a natural wooded or landscaped buffer strip at least
50 feet in width will be provided on the abutting lots along the right-of-way
of the collector or arterial highway. The area of such buffer strip
shall not be considered part of the required minimum lot size.
(3)
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.
(4)
Other means of providing a satisfactory buffer separating through
and local traffic shall be provided as may be deemed proper by the
municipal agency.
(5)
Dwellings on corner lots shall have their driveway access on
the roadway designed and intended to carry the lesser amount of traffic.
F.
Street design 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 chapter,
but shall not be less than those set forth in the Schedule of Street
Design Standards. (Figure VIII-9.)
Figure VIII-9
Schedule of Street Design Standards
| ||||||
---|---|---|---|---|---|---|
Classification
| ||||||
Local Streets
|
Collector Streets
|
Arterial Highways
| ||||
Normal traffic capacity (ADT)
|
400
|
3,000
|
10,000
| |||
Minimum right-of-way width
|
50 feet
|
60 feet
|
100 feet
| |||
Minimum paving width:
| ||||||
Two-way
|
30 feet
|
40 feet
|
60 feet
| |||
One-way
|
22 feet
|
—
|
—
| |||
Shoulder (or parking area width)1
|
—
|
—
|
2 at 8 feet
| |||
Sidewalks:
| ||||||
Width
|
4 feet
|
4 feet
|
4 feet
| |||
Setback (from face of curb)
|
3 feet
|
3 feet
|
7 feet
| |||
Design speed (MPH)3
|
40
|
50
|
60
| |||
Minimum radius of horizontal curvature at center line
|
150 feet
|
500 feet
|
2,000 feet
| |||
Minimum tangent between reverse curbs
|
100 feet
|
200 feet
|
600 feet4
| |||
Maximum longitudinal grade
|
8%
|
8%
|
4%
| |||
Minimum longitudinal grade:
| ||||||
Desirable
|
0.75%
|
0.75%
|
0.75%
| |||
Absolute
|
0.40%
|
0.40%
|
0.40%
| |||
Maximum longitudinal grade for 200 feet from each side of an
intersection
|
3.5%
|
3.00%
|
—
| |||
Minimum curb return radius at intersection2
|
15 feet
|
25 feet
|
45 feet
| |||
Vertical curve:5
| ||||||
Crest: minimum length equals 100 feet. Based on stopping sight
distance at design speed
| ||||||
Sag: minimum length equals 100 feet. Based on headlight illumination
and stopping sight distance at design speed
| ||||||
Maximum superelevation not required
|
—
|
—
|
6%
| |||
Pavement cross-slope minimum
|
3.00%7
|
3.33%8
|
1.50%8
| |||
Curb face required6
|
6 inches
|
8 inches
| ||||
Minimum property line corner radius2
|
5 feet
|
15 feet
|
30 feet
|
NOTES:
| ||
---|---|---|
1
|
Shoulders or parking areas as required may be of reduced structural
design.
| |
2
|
When dissimilar streets intersect, the larger radius will be
used.
| |
3
|
For sight distance and vertical curve calculation only.
| |
4
|
Or as required to run out superelevation (1% per second of travel
at design speed).
| |
5
|
Not required if algebraic difference of intersecting grades
does not exceed 1.
| |
6
|
Except in superelevation areas.
| |
7
|
Six-inch crown.
| |
8
|
Eight-inch crown.
|
G.
Street intersections. Street intersections shall be designed according
to the following standards:
(1)
No more than two streets shall cross the same point. Street
intersections shall be at right angles wherever possible, and intersections
of less than 70° (measured at the center line of streets) shall
not be permitted.
(2)
Local streets should not enter the same side of collector streets
at intervals of less than 500 feet, or arterials at intervals of less
than 1,200 feet. Streets which enter collectors or arterials from
opposite sides shall be directly opposite to each other or must be
separated by at least 300 feet between their center lines measured
along the center line of an intersected collector or 500 feet along
the center line of an arterial.
(3)
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 5,000 feet at least 500 feet from
the intersection.
(4)
Where a collector or arterial street intersects with a collector
or arterial street, the right-of-way of each collector shall be widened
by 10 feet (five feet for each side) for a distance of 300 feet in
all directions from the intersection of the center lines, and the
right-of-way of each arterial shall be widened by 20 feet (10 feet
each side) for 500 feet in all directions from the intersection of
the center lines.
(5)
Approaches of any local street to any other street shall:
(a)
Be tangent (straight) for a distance of at least 50 feet from
the intersection; or
(b)
Have a center-line radius greater than 1,000 feet for at least
150 feet from the intersection; and
(c)
Have a clear site of a point three feet high in the intersection
for a distance of not less than 400 feet.
H.
Street layout.
(1)
Curved local streets are preferred to discourage speed and monotony.
The maximum straight line distance should not exceed 1,000 feet.
(2)
The municipal agency 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.
(3)
Residential development areas containing more than 150 lots
should have two access points from collector streets or arterial highways.
I.
Street names. Street names and development names shall not duplicate,
nearly duplicate or be phonetically similar to the names of any existing
streets or development in the Borough or contiguous areas of other
communities. Any continuation of an existing street shall have the
same street name.
J.
Limit of improvements. The developer shall complete all improvements
to the limits of the development, unless other provisions have been
made and approved by the municipal agency. 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 municipal agency,
and cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the Borough Council to be credited toward the completion
of such improvements at such time as the adjacent land develops.
K.
Streets serving other than single-family detached homes. The right-of-way
width and other standards for internal roads and alleys in multifamily,
commercial and industrial developments shall be determined by the
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.
L.
Reserve strips. There shall be no reserve strips or areas controlling
access to streets, except where control and disposal of the land comprising
such strips or areas have been placed in the hands of the governing
body under conditions approved by the Planning Board.
Streetlights shall be of a type approved by resolution of the
Borough Council and by the electric utility company serving the proposed
development and located so as to provide a minimum lighting level
of 0.5 horizontal footcandle on all local and collector streets and
one horizontal footcandle on all arterial streets. The developer shall
pay the full cost for initial installation of any streetlights. After
final acceptance, operation and maintenance costs shall be the responsibility
of the Borough.
Street signs shall be of a type and size approved by resolution
of the Borough Council and shall be properly installed at each street
intersection. Street signs shall be placed, two 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. Mountings shall be in accordance with the standard procedures
of the Borough or with requirements adopted by the Borough Council.
Street signs shall be placed before any certificate of occupancy for
houses on the subject street are issued.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the Borough Council, may pay to the Borough Treasurer a
nonrefundable sum, in cash or certified check, in the amount set by
the Borough Engineer equal to the cost of all necessary traffic control
devices not installed by the developer. Traffic control devices shall
include, but are not limited to, signs, traffic lines, lights, reflectors
and channelizing markers. 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 and shall be according to an approved plan submitted at
the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the Borough Engineer and approved by the Borough Council.
All utility lines and necessary appurtenances, including, but
not limited to, electric transmission and electric and gas distribution,
communications, streetlighting and cable television, shall be installed
underground within easements or dedicated public rights-of-way. The
developer shall arrange with the serving utility for the underground
installation of the utilities supply lines and service connections
in accordance with the provisions of the applicable standard terms
and conditions of its tariff as the same are then on file with the
State of New Jersey Board of Public Utility Commissioners and shall
submit to the municipal agency prior to the granting of approval a
written instrument from each serving utility which shall evidence
full compliance with the provisions of this section; provided, however,
that lots which abut existing easements or public rights-of-way where
overhead utility lines have theretofore been installed may be supplied
with service from such overhead lines if no new utility poles are
required. In any event, new building service connections for all multifamily
developments, and for any industrial, commercial or office development
containing a floor area of 10,000 square feet or more, shall be installed
underground. All other new building service connections shall also
be installed underground unless specific waiver is granted by the
municipal agency. Wherever the utility is not installed in the public
right-of-way, an appropriate utility easement not less than 25 feet
in width shall be provided.
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 Red Bank Department of Public Utilities
or the Board of Health (and the State of New Jersey), respectively.
Prior to the approval of any final plat, the full approval of any
public water system must have been obtained from the appropriate agency
and filed with the municipal agency, or the final approval will be
conditioned upon full approval from the appropriate agency.
The installation of personal earth terminals is subject to the
following standards:
A.
A personal earth terminal may only be located to the rear of any
principal structure, shall not be closer to any property line than
the height of the antenna and may not be located in a buffer area.
B.
The personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in Article X, Zoning, of this chapter.
C.
A personal earth terminal may be erected only on the ground or on
a platform mat exceeding one foot in height in a secure fashion.
D.
The height of a personal earth terminal shall not exceed 12 feet.
E.
The main reflector shall not exceed a diameter of three meters.
F.
All wiring or connecting cables between the personal earth terminal
and the principal building shall be buried underground.
G.
A personal earth terminal shall be so located and shall be effectively
screened from view by natural plants, trees or other suitable sight
barriers, which shall be maintained in good condition in order to
minimize visibility of the earth terminal from any adjacent property
or public street as approved by the Planning Board.
H.
Only one personal earth terminal shall be permitted on any property.
I.
A personal earth terminal may only be erected on a lot containing
a principal structure and may only be used by residents of the principal
building on the property in question. Any connection, by cable or
otherwise, to adjacent properties shall constitute a violation of
yard and setback requirements.
[Amended by Ord. No. 1988-21; Ord. No. 2003-41; 9-28-2009 by Ord. No. 2009-40]
A.
Design standards and general requirements:
(1)
Commercial parking facilities or vertical parking garages, whether
freestanding or attached to a principal structure, when allowed as
a conditional or permitted accessory use, shall conform to bulk requirements
for principal structures, except as provided herein.
(2)
Vertical parking garages shall not exceed a height of 45 feet
or the maximum height permitted in the zone district, whichever is
less.
(3)
Individual single-story garages, whether attached or detached,
shall be arranged to open to the interior or rear of a lot, except
fully detached garages located entirely in the rear of any principal
building.
(4)
Attached single-story garages shall have a capacity of not more
than 10 vehicles arranged in a row.
(5)
The architectural design and materials used in the construction
of garages shall conform to the design and building materials used
in the construction of the main structures. When the parking facility
is the primary structure, it shall be compatible with the established
architecture and development patterns in the area.
(6)
No part of any garage or other accessory building shall be used
for living purposes.
(7)
Roofs of garages may be landscaped and utilized for open space
and recreation uses, such as, but not limited to, tennis courts. Fifty
percent of such areas may be utilized to meet minimum unoccupied open
space requirements.
(8)
Any garage used or operated as part of a commercial parking facility shall conform to the applicable provisions of § 490-130 of this chapter for commercial parking facilities.
(9)
All garages and parking facilities shall have adequate security
provisions and vandal-resistant lighting with a minimum lighting level
of 0.5 horizontal footcandle throughout the parking area.
(10)
Only passenger vehicles, small vans, pickup trucks, and similar
vehicles, whether such carry passengers or commercial plates, may
be parked in any parking space for more than 30 days. Construction
equipment, dump trucks, and other similar equipment are not permitted.
(11)
Commercial parking facilities shall be used as automobile parking
units only, with no vehicle sales, dead storage, dismantling or servicing
of any kind permitted.
(12)
Retail or other mixed uses incorporated as part of a vertical
parking garage shall be reviewed under the bulk requirements for vertical
parking garages as described herein.
B.
Aisle and space dimensions for underground and vertical parking garages shall conform to § 490-98 of this chapter, except for the following:
(1)
Minimum one-way aisle width: 22 feet.
(2)
Minimum one-way aisle width according to the following; ninety-degree
bays and one-way aisles are discouraged:
Parking on Right and Left Side of Aisle
|
None
(feet)
|
90° Bays
(feet)
|
60° to 90° Bays
(feet)
|
40° to 90° Bays
(feet)
|
Parallel Bays
(feet)
| |
---|---|---|---|---|---|---|
None
|
12
|
22
|
18
|
16
|
16
| |
90° bays
|
22
|
22
|
22
|
22
|
24
| |
60° to 90° bays
|
18
|
22
|
20
|
20
|
20
| |
40° to 90° bays
|
16
|
22
|
20
|
16
|
18
| |
Parallel bays
|
16
|
24
|
20
|
18
|
16
|
(3)
Minimum parking space size:
(a)
Controlled low-turnover spaces (including commuter spaces, single-user
employee parking and similar uses): eight feet by 17.5 feet or eight
feet by 16.5 feet with curb overhang.
(b)
All other: nine feet by 18 feet or nine feet by 17 feet with
curb overhang.
(c)
All parallel parking spaces: nine feet by 22 feet.
(4)
Minimum compact parking space size: seven feet four inches by
16 feet.
(5)
Maximum number of compact spaces: 33 1/3% of total.
C.
Underground garages shall be considered accessory structures and
shall comply with bulk requirements for the zone. Underground garages
shall be equipped with the following:
(1)
Fire-fighting devices. Garages located under a principal or
accessory building shall also have an automatic fire alarm system.
(2)
Mechanical or other ventilation equipment adequate to prevent
the accumulation of carbon monoxide or exhaust fumes. Gas accumulation
may not exceed one part in 10,000 (0.01%) or the concentration of
gasoline vapors in excess of 20% of the lower explosive limit. Building
or health code limits that reduce this threshold shall prevail.
(3)
Garages located under a principal or accessory building shall
have an automatic fire alarm system and a ceiling or protected construction
of not less than 1 1/2 hours' fire resistance.
(4)
Backup power shall be provided for minimum lighting and to allow
for safe egress.
(5)
Handicap-accessible parking stalls shall be provided in accordance
with ADA accessibility guidelines.
D.
Vertical parking garages shall comply with the following:
(1)
Fire-fighting devices and automatic fire alarm systems shall
be provided.
(2)
Backup power shall be provided for minimum lighting and to allow
for safe egress.
(3)
All designs for a vertical parking garage will provide an outward
orientation which is physically and visually integrated with existing
development in the area and which is compatible with established architecture
and development patterns.
(6)
Maximum lot coverage. The combination of principal and accessory
structures shall not exceed the zone requirements.
E.
Special requirements. All applications for a vertical parking garage
on properties abutting or clearly visible from the Navesink River
shall include maximum feasible design precautions which will minimize
visibility of parking from the river. At a minimum, the precautions
will achieve visibility of no more than two levels on 30% of the perimeter
visible from the river and visibility of no more than one level on
60% of the perimeter visible from the river.
F.
Bonus provisions. In an effort to augment the development capacity
of available sites by providing sufficient on-site parking to service
the facility without the need or use of public parking, which would
benefit the Borough and its residents as well as the users of the
development, additional gross floor area shall be permitted as a bonus
in accordance with this section.
(1)
For above-finished-grade vertical parking garages, a bonus FAR
equal to 1.0 shall be permitted.
(2)
For below-finished-grade vertical parking garages, a bonus FAR
equal to 2.0 shall be permitted.
(3)
The bonus provisions above can be combined when a vertical parking
garage is constructed above and below finished grade.
(4)
The bonus provisions provided under this section are to be used
for the vertical parking garage only. The FAR for the principal use
shall remain that as permitted in the zone.
[Added by Ord. No. 1989-27]
A.
Materials designated in the Borough of Red Bank Recycling Ordinance
shall be separated from other solid waste by the generator, and a
storage area for recyclable material shall be provided as follows:
(1)
For each subdivision application for 50 or more single-family
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclables (including but not limited to newspaper, glass
bottles, aluminum cans, tin and bimetal cans). The storage area may
be located in the laundry room, garage, basement or kitchen.
(2)
For each subdivision application for 25 or more multifamily
units, the applicant shall provide a storage area of at least three
square feet within each dwelling unit to accommodate a one-week accumulation
of mandated recyclables (including but not limited to newspaper, glass
bottles, aluminum cans, tin and bimetal cans). The storage area may
be located in the laundry room, garage, or kitchen. Unless recyclables
are collected on a weekly basis from each dwelling unit, one or more
common storage areas must be provided at convenient locations within
the development.
(3)
For each site plan application for commercial and industrial
developments that utilize 1,000 square feet or more of land, the applicant
shall provide the municipal agency with estimates of the quantity
of mandated recyclable materials (including but not limited to newspaper,
glass bottles, aluminum cans, tin and bimetal cans, high-grade paper,
and corrugated cardboard) that will be generated by the development
during each week. A separated storage area must be provided to accommodate
a one- to four-week accumulation of recyclable material. The municipal
agency may require the location of one or more common storage areas
at convenient locations within the development.
[Added by Ord. No. 1994-10]
A.
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
Space allocated for collection and storage of source-separated
recyclable materials.
B.
Recycling area required for multifamily housing. There shall be included
in any new multifamily housing development that requires subdivision
or site plan approval an indoor or outdoor recycling area for the
collection and storage of the residentially generated recyclable materials.
The dimensions of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The dimensions
of the recycling area and the bins or containers shall be determined
in consultation with the Municipal Recycling Coordinator and shall
be consistent with the district recycling plan adopted pursuant to
Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable
requirements of the Municipal Master Plan, adopted pursuant to Section
26 of P.L. 1987, c. 102 (N.J.S.A. 40:55D-28).
C.
Location. The recycling area shall be conveniently located for the
residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
D.
Accessibility. The recycling area shall be lit and shall be safely
and easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft of recyclable materials, bins or containers.
E.
Container design. The recycling area or the bins or containers placed
therein shall be designed so as to provide protection against adverse
environmental conditions which might render the collected materials
unmarketable. Any bins or containers which are used for the collection
of recyclable paper or cardboard, and which are located in an outdoor
recycling area, shall be equipped with a lid, or otherwise covered,
so as to keep the paper or cardboard dry.
F.
Recycling signs. Signs clearly identifying the recycling area and
the materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
G.
Landscaping. Landscaping and/or fencing shall be provided around
any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
[Added 11-22-2010 by Ord. No. 2010-34]
A.
Outdoor
storage of materials shall be prohibited in any district within the
Borough, except as follows:
(1)
Permanent
storage structures shall be considered accessory uses and subject
to the rules governing such uses in the zone in which such structures
are located.
(2)
No
more than one temporary or portable storage structure may be located
in the driveway or side yard of a premises for a maximum of 90 days
upon the issuance of a permit from the Borough Zoning Officer, unless
such location would, in the judgment of the Borough’s Traffic
Safety Officer, obstruct traffic visibility. The maximum size of a
temporary/portable structure shall be eight feet in height, 10 feet
in width and 20 feet in length. Any other structure that does not
meet the foregoing criteria or which cannot be located within a property's
driveway or side yard shall be considered a permanent storage structure.
(3)
No
hazardous materials of any type shall be stored in any permanent,
temporary or portable storage structure.
(4)
No
persons shall reside in or otherwise use a permanent, temporary or
portable storage structure as a sleeping quarters, for the preparation
of food, or for the conduct of any business, occupation, or trade
therein.
B.
Permits
required. Application for temporary/portable storage unit prior to
placement of the unit: $25.
C.
Failure
to obtain a permit for the use of a temporary/portable storage structure
for the temporary outdoor storage of materials in violation of this
chapter shall be subject to a penalty of $175 for each and every day
that such violation continues.