All construction shall be performed in accordance with the details and specifications of the municipality as described herein.

The developer shall employ a New Jersey licensed professional engineer and/or architect to prepare all plans and specifications and a licensed land surveyor of New Jersey to make land surveys.

Construction shall be performed under the regulations defined elsewhere herein and shall be approved by the Municipal Engineer for all improvements to a site but not including any part of a building.

Minor modifications or changes in the approved plans and specifications may be effected upon approval, in writing, by the Building Inspector, or, if determined to be in need of more professional advice, he shall seek the approval of the Municipal Engineer or other professional employees.

Block length, width and acreage shall be sufficient to accommodate the size lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.

Blocks of 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority and shall be at least eight feet wide and be straight from street to street. Blocks over 1,000 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a nonresidential use from either existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area, except as provided herein. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

A minimum of 1/2 of the periphery that requires a buffer shall have a buffer at least 10 feet wide, which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view. In addition, the periphery that requires a buffer shall consist of at least the following: fencing or walls in a landscaped area not less than 10 feet wide or a landscaped area with at least five feet of high growth. A building with a setback of at least 200 feet with a grade of less than 20% shall have groups of plantings and trees located within this setback area to enhance some architectural feature(s) of the structure as well as offer a break to large open areas, but with no other use permitted in this yard area. A parking area setback of at least 100 feet shall be landscaped as required under the off-street parking provisions of this chapter. If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the site plan to be modified to show the extension of the ten-foot buffer area outlined above, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting, live trees, shrubs or other plant material meeting the following requirements:

The duration of a storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.

The pipe size determined to be adequate for the runoff computed shall be increased by a safety factor of at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. No pipe shall be less than 15 inches in diameter.

Inlets shall be located at intersections, where possible, and located in streets with inlets on both sides of the street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding 5.0 cubic feet per second at the inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions where there are no inlets.

Dished gutters on local streets shall be permitted only at intersections involving local streets. Dished gutters shall not be permitted on arterial or collector streets.

Storm drainpipes running longitudinally along streets shall not be located under curbing.

Storm drainpipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Reinforced concrete pipe shall conform to ASTM Specifications C76-61, Class IV. Joints shall be made with O-ring rubber gaskets.

For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots.

Land subject to periodic or occasional flooding as identified by the Flood Hazard Boundary Map produced by the United States Department of Housing and Urban Development shall not be designed for residential occupancy nor for any other purposes which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards or other similar uses in accordance with floodplain regulations.[1]

Where a minor or major development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality, conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality and, in addition thereto, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 160-81, Easements.

Easements or rights-of-way shall be required in accordance with § 160-81, Easements, where storm drains are installed outside streets.

Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet for one utility and five additional feet for each additional utility and be located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "________________ easement granted to the Borough of Carteret as provided for in the Development Ordinance of the Borough of Carteret."

Purpose. The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property.

Intersections. At the intersection of two or more streets, no wall, fence, hedge or other structure shall be erected to a height in excess of four feet above curb level, nor shall any other obstruction to vision be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along said street line. Trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted.

Location. All fences must be erected within the property lines, and no fence shall be erected so as to encroach within six inches of the public right-of-way or any public sidewalk and/or equivalent pathway necessary for the movement of pedestrian traffic adjacent to any street or roadway. Ensuring that the location of any fence lies within the respective property line shall be the responsibility of the property owner and the individual(s) or entity installing the fence, if other than the property owner.

Height. On any lot in any residential zone, no wall, fence or hedge shall be erected or altered so that said wall or fence shall be over four feet in height in the front yard or over six feet in height in the side or rear yards, except that tennis court fences may have a maximum of 12 feet. Tennis court and front yard fences shall be limited to open mesh or other open material as approved by the Construction Official. All fences in commercial zones shall not exceed six feet in height. All fences in industrial zones shall not exceed eight feet in height. On corner lots in residential zones, a six-foot fence may only be installed along the secondary roadway frontage where the sight triangle for vehicular and pedestrian traffic is not obstructed and only with the approval of the Municipal Director of Engineering.

All fences shall be erected with the face or finished side away from the property and the structural side toward the interior of the property. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property. Fences with more than 50% solid material shall not be permitted in the front yards in residential zones.

Dangerous fence material. No fence shall be erected of barbed wire, or electrified, or topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals.

Type. Solid architectural fences shall be required along all lot lines, except the street line, for all nonresidential lots where said property lines abut residential zoning district lines. Such architectural fences may be made of any material which is aesthetically pleasing and prevents the dissemination of odors, noise, debris and sight across the residential zoning boundary. Fences used for this purpose shall be not less than six feet in height. Nothing in this section prevents the use of plant materials along any lot line in addition to the fence requirement, but plant materials cannot be substituted for the fence. Open chain link and chain link with plastic or aluminum slats shall not be considered to be an architecturally solid fence. The Planning Board or Zoning Board of Adjustment shall have the authority to waive this requirement if a buffer area is landscaped to its requirements.

Restrictions of drainage prohibited. A wall or fence which restricts the natural flow of drainage or causes stagnant water conditions shall not be permitted. Said wall or fence shall be ordered removed or corrected by the owner upon direction from the Construction Official.

Swimming pools. There shall be a fence, not less than four feet high, completely enclosing any below ground swimming pool and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be self-enclosing and self-latching. When not in use, the gate must be capable of being locked.

Permit required. It shall be unlawful for any person to erect, repair, replace or alter any fence six feet or less without first obtaining a zoning permit. Fences over six feet will require both a zoning and building permit.

Title, introduction, purpose and applicability.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Permission for placement of fill.

Fees.

Performance guaranties.

Reimbursement to Borough. In addition to such fees as may be required in accordance with Subsection D, an applicant shall be obliged to reimburse the Borough for the cost of all extraordinary costs or expenses necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter, including specifically all engineering fees, attorney's fees and costs incurred by the Borough in prosecuting any complaint in the Municipal Court for violation of the provisions of this section or any costs or fees incurred by the Borough in conducting a hearing or hearings for revocation or suspension of any permit or obtaining injunctive or other relief in the Superior Court or any appellate court.

Conditions for granting approvals.

Protocol for acceptance of fill material. Any fill material proposed to be installed within the limits of the Borough shall be sampled for contaminants prior to submission of a fill permit application. Sampling requirements shall be in accordance with the following:

Sectioning of land under permit.

General permit regulations.

Requirements and standards for topsoil.

Requirements and standards for temporary vegetative cover.

Requirements and standards for permanent vegetative cover.

Requirements and standards for soil erosion and sediment control.

Requirements and standards for dust control.

Requirements and standards for transportation of fill material. A person who transports fill material over the streets, roads or highways in the Borough pursuant to a fill placement approval shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from roads, streets or highways and shall apply or cause to be applied to the roads, streets or highways, a dust preventive wherever deemed necessary by the Borough Zoning Officer. If a contractor neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required by the Borough Zoning Officer, the Zoning Officer is authorized to suspend the approval for a period of not more than 10 days or may revoke the approval after notification, in writing, by an authorized officer, agent or employee of the Borough to the holder of the approval. If revoked, no fill placement shall again be issued unless application is made to the board for reinstatement.

Penalty. A person or entity that violates this chapter in addition to such fines and penalties as set forth in § 160-140 of this Land Development chapter, shall be responsible for the removal of any and all improperly placed fill material, any remediation necessary as a result of the improper placing of the fill and all costs, direct and indirect, of the Borough in monitoring, supervising, reviewing and overseeing the removal and remediation (if necessary) of the improperly placed fill.

Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule[1] requirements.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved, paved street with a right-of-way of at least 50 feet.

Through lots with frontage on two streets will be permitted only under the following conditions:

Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line, and all setbacks shall be measured from such line.

Where two or more contiguous lots are under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision, acquired by separate conveyance or by other operation of law, and one or more of said lots should not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall hold.

Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this chapter, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property:

Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

The governing body shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.

The financing and construction of the improvements shall be arranged in one of the following manners:

Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 160-81, Easements.

Any collection system shall be designed in accordance with the requirements of the State Department of Environmental Protection and municipal ordinances and standards. All elements of the sanitary sewer system design and flow volume computations shall be submitted to the Municipal Engineer for review and approval.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above its center line, including street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets, at 130 feet; collector streets, at 60 feet; and primary and secondary local streets, at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Carteret Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

Fences and walls shall not be located in any required sight triangle.

All development shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.

When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below, unless such buffers are established in a reserve strip controlled by the municipality or county. The portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than the twenty-five-foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berm may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height, they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.

In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.

In the event that a development adjoins or includes existing municipal streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening, may be offered to the municipality for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Carteret permitting the Borough to enter upon these lands for the purposes provided for and expressed in the Development Ordinance of the Borough of Carteret." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be anticipated.

Longitudinal grades on all local streets shall not exceed 10%, or 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 3/4 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.

Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less then 75% at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet, collector at 30 feet and local streets at 20 feet. No local street shall be part of a four-way intersection.

Sight triangles shall be provided as required in § 160-92, Sight triangles.

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Municipal Engineer.

Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the governing body.

Streets shall be constructed in accordance with the following standards and specifications:

Street jogs shall have center-line offsets of not less than 125 feet.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot line, except that, in commercial or industrial zones, steady security lights may extend beyond the lot line but may not extend beyond the zone line. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see § 160-84, Lighting, of this article.

Heat. Sources of heat, including but not limited to steam, gases, vapors and products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses, except that, in commercial or industrial zones, such discharges may occur within the zone line, provided that in no event shall such discharge impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

Radioactivity.

Vibrations.

Airborne emissions.

Noise emissions.

Storage and waste disposal.