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Fair Haven City Zoning Code

§ 30-9.2

Improvement Standards.

[2002 Code § 16.36.020; Ord. No. 2007-27; Ord. No. 2009-01 § II; Ord. No. 2014-16; Ord. No. 2014-27; Ord. No. 2015-06]
a. 
Streets.
1. 
General.
(a) 
The arrangement of streets shall conform to the master plan.
(b) 
For streets not shown on the master plan or official map, the arrangement shall provide for the appropriate extension of existing streets.
(c) 
Streets shall be arranged so as to discourage through traffic and provide for maximum privacy.
2. 
Street Hierarchy.
(a) 
Streets shall be classified in a street hierarchy system with design tailored to function.
(b) 
The street hierarchy system shall be defined by road function and traffic. The following classification shall be utilized in the Borough and each proposed street shall be classified and designed for its entire length to meet the described standards.
(1) 
Collector streets collect traffic from local streets and channel it into the system or arterial highways. The right-of-way width for collector streets within the jurisdiction of the Borough is 60 feet. The right-of-way shall have a cartway width of at least 36 feet to allow for two ten-foot moving lanes and two eight-foot wide parking lanes. In addition, the right-of-way width shall allow for curb, sidewalk utility, and shade tree installation.
(2) 
Local streets provide frontage for access to lots and carry traffic having destination or origin on the street itself. The minimum right-of-way width for local streets shall be 50 feet. The right-of-way shall have a cartway width of at least 30 feet. In addition, the right-of-way width shall allow for curb, sidewalk utility, and shade tree installation. Any street not designated as a collector street is a local street.
3. 
Cartway Width. The determination as to cartway width shall also consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. The Municipal Agency may require increases or decreases in cartway width where appropriate.
4. 
Curbs and Gutters.
(a) 
Curbing shall be required for drainage purposes, safety, and delineation and protection of pavement edge.
(b) 
Curbs shall be constructed according to the specifications set forth in the construction specifications.
(c) 
Curbing shall be designed to provide a ramp for bicycle and/or wheel chairs as required.
(d) 
Curbing shall be provided along both sides of subdivision streets, and adjacent to the edge of all aisles, drives and off-street parking areas.
5. 
Shoulders.
(a) 
Shoulders and/or drainage swales shall be required instead of curbs when: (1) shoulders are required by CAFRA, (2) soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or (3) it is in the best interest of the community to preserve its character by using shoulders and/or drainage swales instead of curbs.
(b) 
Shoulder requirements shall vary according to street hierarchy and intensity of development.
(c) 
Shoulders may consist of reduced pavement section or after construction approved by the Municipal Agency.
6. 
Sidewalks.
(a) 
Sidewalks shall be placed in the right-of-way, parallel to the street within the right-of-way, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation. In commercial and more intensely developed residential areas, sidewalks may abut the curb.
(b) 
Pedestrian way easements a minimum of 10 feet wide may be required by the Planning Board through the center of blocks more than 600 feet long to provide circulation or access to schools, playgrounds, shopping, or other community facilities.
(c) 
Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet.
(d) 
Sidewalks and graded areas shall be constructed according to the specifications set forth in the construction specifications.
(e) 
Sidewalks shall be provided on both sides of all streets and throughout site development for ease of pedestrian access.
7. 
Bikeways.
(a) 
Separate bicycle paths shall be required only if such paths have been specified as part of a municipality's adopted master plan.
(b) 
Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.
(c) 
Bikeways shall be constructed according to the specifications set forth in the construction specifications.
8. 
Utility and Shade Tree Areas.
(a) 
Utilities and shade trees shall generally be located within an easement area outside the right-of-way on both sides of and parallel to the street right-of-way.
(b) 
Utility and shade tree areas shall be planted with grass, ground cover, or treated with other suitable cover material.
(c) 
Utility and shade tree easements of at least 10 feet wide on both sides of the street shall be provided.
9. 
Right-of-way.
(a) 
The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities and shade trees (see paragraph a2 of this subsection).
(b) 
The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than the existing street.
(e) 
The right-of-way shall reflect future development as indicated by the master plan.
10. 
Street Grade and Intersections.
(a) 
Street grade and intersection design shall be according to the standards and specifications set forth in this subsection.
11. 
Pavement.
(a) 
Street pavement thickness shall vary by street hierarchy, subgrade conditions and pavement type as set forth in this subsection.
12. 
Lighting.
(a) 
Lighting shall be provided in accordance with a plan designed by the utility company, or using as a guideline the standards set forth by IES Lighting Handbook shown in the construction specifications.
(b) 
Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings, and in parking areas.
(c) 
Spacing of standards shall be equal to approximately four times the height of the standard.
(d) 
The maximum height of standards shall not exceed the maximum building height permitted, or 25 feet, whichever is less.
(e) 
The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the municipality.
(f) 
Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward which creates dark shadows adjacent to the buildings.
13. 
Underground Wiring.
(a) 
All electric, telephone, television, and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public right-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
(b) 
Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have hereto before been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
(c) 
Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of overhead lines as follows: alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.
(d) 
Year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.
14. 
Traffic Signs.
(a) 
Design and placement of traffic signs shall follow the requirements specified in Manuals on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.
(b) 
At least two street name signs shall be placed at each four-way street intersection and one at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color, and erected in accordance with local standards.
(c) 
Site information signs shall follow a design theme related and complementary to other elements of the overall site design.
b. 
Off-Street Parking.
1. 
Number of Spaces.
(a) 
Off-street parking spaces shall be required in all developments to accommodate residents and visitors.
(b) 
For residential developments, off-street parking shall be provided as set forth in Exhibit A of this subsection, set out at the end of this section.
(c) 
For nonresidential developments, the parking standards shown in Exhibit B of this subsection set out at the end of this section shall be used as a guideline.
(d) 
Alternative off-street parking standards shall be accepted only if the applicant demonstrates that these standards better reflect local conditions.
(e) 
The Municipal Agency may require the use of alternative standards if it determines that the title standards are insufficient or a particular development has unique parking requirement. The basis for such a determination shall be documented by the Municipal Agency in its minutes.
(f) 
All required residential parking shall be located behind the front yard setback line. A garage shall only be counted as off-street parking where the access driveway is at least 30 feet long or where the Municipal Agency agrees to accept such garage space as meeting requirements.
(g) 
Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces be completed initially, subject to the following regulations:
(1) 
The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required.
(2) 
The site plan shall provide for adequate drainage of both the partial and total parking areas.
(3) 
The portion of the parking area not to be paved initially shall be landscaped in accordance with subsection 30-8.4 of this chapter.
(4) 
The applicant shall post separate performance guarantees, in addition to the performance guarantees required under Section 30-10 of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
(5) 
In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking spaces shown on the site plan and apply for issuance of a permanent certificate of occupancy or apply to the Planning Board 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 Planning Board determines that the parking facility is adequate as originally constructed, the performance guarantees shall be released and a permanent certificate of occupancy issued. If, however, the Planning Board determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.
(6) 
Any change of use on a site for which the Planning Board may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.
(h) 
For nonresidential developments, an applicant that obtains variance or waiver relief for parking spaces less than that required in paragraph (c) above, a payment shall be made to the Borough in the amount of $2,500 for each parking space in which said relief has been granted. Notwithstanding the aforesaid, in an application to expand or change in use of an existing developed property, no payment will be required for the deficiency in pre-existing parking spaces. The fee required under this paragraph (h) shall only apply to new deficiencies in parking spaces associated with the application to expand or change the use. The said payment shall be deposited by the Borough into a dedicated account designated as "The Borough of Fair Haven Parking Account." The payment shall be due prior to issuance of a building permit. Any funds deposited into said account shall be utilized by the Borough for the express purpose of installing, replacing or repairing parking spaces or parking lots on site lots or locations to be determined by the Borough Engineer, upon proper authorization from the Governing Board. An applicant may request of the Governing Body a waiver or modification of the above payment upon showing of good cause.
2. 
Size of Spaces. Each off-street parking space shall measure at least nine feet in width by 18 feet in length. Parking spaces for the physically handicapped shall be 12 feet wide and 20 feet long. Striping of handicapped spaces shall conform to the detail provided in Exhibit C of this subsection, set out at the end of this section.
3. 
Parking Areas.
(a) 
Off-street parking areas shall be oriented to and within a reasonable walking distance of the buildings they are designed to serve. This distance shall be a maximum of 700 feet for employee parking; 400 feet for shoppers; 250 feet for nonelderly residents; 150 feet for elderly residents; and 300 feet for guests.
(b) 
Access to parking lots shall be designed as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and safety of vehicles and pedestrians.
(c) 
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
Double Minimum Parking Bay Width
(feet)
Minimum Aisle Width
(feet)
Normal
Long Term
30
48
46
12
45
50
48
13
60
55
53
18
90
62
60
24
It may be necessary to adjust aisle width and/or space length to provide minimum parking bay width. Parking angles less than 45° are not encouraged.
(d) 
Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk width are provided in order to accommodate such overhang.
(e) 
Parking areas shall be suitably landscaped to minimize glare and other nuisance characteristics as well as to enhance the environment and ecology of the site and surrounding area. Parking lots containing more than 100 spaces shall be broken down into sections of smaller lots of 50 spaces separated from other sections by landscaped dividing strips, berms, and similar elements.
(f) 
For all multiple dwellings and nonresidential uses, the perimeter of all parking areas, internal islands, and planting areas shall have continuous cast in place concrete curbing in accordance with the construction specifications. All parking areas, aisles, and accessways for multiple dwellings and nonresidential uses shall be surfaced with a properly designed all weather pavement in accordance with the construction specifications.
4. 
Handicapped Parking Spaces. In accordance with N.J.A.C. 5:23-7 et seq., every parking lot or parking garage shall have at least the number of accessible parking spaces for the handicapped as set forth below:
ACCESSIBLE PARKING SPACES
Total Parking in Lot
Required Number of Accessible Spaces
Up to 50
1
51 to 200
2
Over 200
2 plus 1% of the number of spaces over 200 rounded to the next higher whole number
Parking facilities serving a hospital
2% of the spaces but not less than 2
Parking facilities serving special purpose hospital that affect mobility
20% of the spaces but not less than 2
Parking facilities serving long-term care facility
2% of the spaces but not less than 2
Typical arrangement of handicapped spaces is shown in Exhibit C of this subsection, set out at the end of this section. Other arrangements are possible which will conform to handicapped parking standards and good design goals.
5. 
Location of Parking.
(a) 
Parking is only permitted in parking areas and drives intended for that purpose. Parking is not permitted in lawns or other unimproved areas.
(b) 
Parking areas for all uses other than single-family and two-family dwellings shall be set back at least 10 feet from any front lot line and shall be set back from side and rear lot lines in accordance with the minimum yard requirements for accessory buildings and structures.
(c) 
Required parking may be located in garages provided there is a driveway at least 25 feet long to each garage. If the drive is less than 25 feet long, the garage shall be counted as 0.5 of space.
6. 
Driveways. All entrance and exit driveways to streets shall be located to afford maximum safety to traffic on the street. Each off-street parking, loading, or service area shall be connected to the street right-of-way by a driveway constructed in accordance with the minimum standards prescribed by the Borough Engineer. Within commercial areas, cross-connections and cross-easements among properties should be provided to allow for ease of access between vehicle and pedestrian areas.
(a) 
Driveways shall be designed with regard to profile, grading, and location to provide adequate site distance in each direction along the street based upon the permitted speed on the street.
(b) 
For single-family and two-family dwellings, a driveway exclusive of curb return shall not be less than 10 feet in width nor more than 24 feet in width. The maximum curb depression or opening width at the street shall be the driveway width plus four but not more than 28 feet.
(c) 
For all other uses, a driveway exclusive of curb return shall not be less than 12 feet in width nor more than 36 feet in width. The maximum curb depression or opening width at the street shall be based upon the recommendation of the Borough Engineer.
(d) 
The number of driveways provided from a site to any one street shall be as follows:
Length of Frontage
Maximum No. of Driveways
150 feet or less
1
More than 150 feet but less than 800 feet
2
800 feet or more
As recommended by the Borough Engineer
(e) 
Driveways used in a one-way direction of travel (right turn only) shall not form angles smaller than 45° with the street, unless acceleration and deceleration lanes are provided.
(f) 
Driveways used for two-way operation will intersect the street at any angle as near 90° as site conditions will permit, and in no case shall it be less than 60°.
(g) 
Parking areas for 25 or more cars shall provide curbed return radii of not less than 15 feet on street entrance and exit drives.
(h) 
Driveway connections to the street shall be constructed to the specification of the Borough Engineer and shall be designed and surfaced to prevent soil or dirt from being carried onto the street.
c. 
Off-Street Loading.
1. 
For every building, structure or group of buildings or structures constituting a coordinated development, 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 or groups of 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.
2. 
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.
3. 
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
4. 
Loading areas, as required under this subsection, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.
5. 
Off-street loading and unloading areas shall conform, as applicable, to all design and location standards set forth for off-street parking.
d. 
Water Supply.
1. 
Water Supply System.
(a) 
All installations shall be properly connected with an approved functioning public community water system, regulated by the Board of Public Utilities prior to the issuance of a certificate of occupancy.
(b) 
The water supply system shall be adequate to handle the necessary flow based on complete development.
(c) 
Fire protection facilities shall be furnished for all developments.
(d) 
Minimum fire flows shall be based on recommendations by the American Insurance Association and the National Board of Fire Underwriters, as indicated in Exhibits D and E of this subsection and set out at the end of this section.
(e) 
The water system shall be designed to carry peak-hour flows and be capable of delivering the peak hourly demands indicated in Exhibit E of this subsection set out at the end of this section.
(f) 
For developments of one- and two-family dwellings, not exceeding two stories in height, the short method indicated in Exhibit F of this subsection, set out at the end of this section, may be used.
2. 
System Design and Placement. System design and placement shall comply with the construction specifications and with the requirements of the New Jersey American Water Company.
3. 
Fire Hydrants.
(a) 
Hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed 120,000 square feet. In addition, hydrants shall be spaced so that each residence shall be within 500 feet of a hydrant.
(b) 
A hydrant shall be located at all low points and at all high points with adequate means of drainage provided.
(c) 
Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrants tees at the ends of all dead lines and lines which may be extended in the future.
(d) 
Size, type, and installation of hydrants shall conform to the specifications as set forth in the construction specifications or to the requirements of the New Jersey American Water Company.
e. 
Sanitary Sewers.
1. 
Sanitary Sewer System.
(a) 
All installations shall be properly connected with an approved and functioning sanitary sewer system prior to the issuance of a certificate of occupancy.
(b) 
Subdivisions shall be connected to the existing public sewer system.
2. 
System Planning, Design and Placement.
(a) 
The planning, design, construction, installation, modification, and operation of any treatment works shall be in accordance with the applicable N.J.D.E.P. regulations implementing the New Jersey Water Pollution Control Act (N.J.S.A. 58: 10a-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.).
(b) 
All sanitary sewers, including outfalls, shall be designed to carry at least twice the estimated average design flow when flowing half full. In the case of large interceptor sewer systems, consideration may be given to modified designs.
(c) 
Average daily residential sewer flow shall be calculated as shown in Exhibit G of this subsection the end of this section.
(d) 
System design and placement shall comply with the specifications set forth in the construction specifications and with the rules, regulations and requirements of the Borough Sewer Utility and the Northeast Monmouth County Regional Sewerage Authority.
f. 
Stormwater Management.
1. 
Purpose.
(a) 
It is determined that the waterways within the Borough are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the Borough, the County and the State; that development tends to accentuate flooding by increasing stormwater runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the Borough, the County and the State; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this chapter.
(b) 
The stormwater management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the municipal master plan and applicable County, regional and State storm drainage control program, any County mosquito commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.
(c) 
Development shall use the best available technology to minimize off-site stormwater runoff, increase on-site infiltration, simulate natural drainage systems and minimize off-site discharge of pollutants to ground and surface water and encourage natural filtration functions. Best available technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces and swales.
2. 
System Strategy and Design. Stormwater management system strategy and design shall comply with the specifications set forth in the construction specifications.
3. 
Detention — When Required. Detention will be provided, when recommended by the Borough Engineer, for all major subdivisions and all major site plans resulting in more than 10,000 square feet of impervious surface such that after development the peak rate of flow from the site will not exceed the corresponding flow which would have been created by similar storms prior to development.