General. All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the Planning Board 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 Planning Board and Borough Engineer.

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Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Planning Board, Borough Council and subdivider or by other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 Clerk and 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 data 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.

Objectives. All site plan 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 C.40:550-38, and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.

Responsibility for Design. Within the criteria established by and subject to the review and approval of the Planning Board, all design of a site plan or subdivision is the responsibility of the developer and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design. 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 Planning Board shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this chapter and the Borough Master Plan. The Planning Board may employ professionals in various disciplines to advise and assist it in its determinations. Any decisions of the Planning Board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this chapter, shall be deemed conclusive.

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

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.

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 Planning Board 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.

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.

Block lengths may vary between 500 and 3,000 feet but blocks, along other than local or collector streets shall not be less than 1,200 feet long.

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 1,200 feet and from the ends of the cul-de-sacs 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.

Buffer areas. All uses, other than single family detached dwellings and their accessory uses (except as otherwise provided in this chapter), and multi-family uses, shall provide twenty-foot wide buffer areas along all front side and rear property lines.

Screening. Within buffer areas required by Section 16A-8.4A above, there shall be provided screening in accordance with the following regulation:

Landscaping.

All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on tidal bodies of water, whether existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization, acceptable to the Planning Board. In no case shall bank slopes, bulkhead, rip-rap, revetments, or other elements of bank stabilization be located within required minimum yard areas. 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, the Environmental Commission, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, and New Jersey Department of Environmental Protection as may be necessary. All reconstructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.

The Planning Board may consider waiver and/or modification of this requirement when necessary to preserve wetlands or other natural features, provided that minimum lot sizes may be maintained and that all development may be made reasonably secure from erosion.

No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.

No bulk storage of materials or equipment shall be permitted in the front yard, or within any side or rear setback area required per the zoned district.

All bulk storage areas shall be screened, from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board.[1] Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of Section 8.4 of this chapter.

No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Section 16A-8.4 of this chapter.

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

In no instance shall on-site bulk storage of material exceed the height of 10 feet.

No heavy equipment shall be operated or parked closer to the front property line than the front setback plus 50 feet, except as the same may be in transit to or from the site.

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.

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.

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

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.

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

Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Planning Board. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Planning Board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. 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 Planning Board 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.

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.

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.

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:

Site Preparation. Within open space areas, the Planning Board may require a developer to make certain site preparation improvements, which may include, but are not limited to the following:

Reservation of Public Areas.

Recreation Areas. Where it is considered appropriate by the Planning Board, 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:

Open Space Ownership.

Maintenance of Common Open Space.

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:

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.

General Requirements. Concrete curb 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 shall be constructed only on the development side. Curbs 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. Concrete curb cross-section shall be as shown in Figure 4.1 of the Residential Site Improvement Standards N.J.A.C. Title 5, Chapter 21. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

Timing of Curb Construction. In areas with bituminous concrete pavement, required curb shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs 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.

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 Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). 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 be permitted if such is considered to be acceptable by the Borough Engineer. The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the Applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the 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 Planning Board.

Drainage Easements.

Conservation Easement.

Sight Triangle Easement. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements shall be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height measured at road level that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural of 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 25 feet distant from the intersection of the right-of-way lines or their prolongation measured at street level. 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.

Sanitary Sewer Easement. Utility and sanitary sewer installations not located in public rights-of-way shall be located along side and/or rear lot lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access for maintenance, but shall not be less than 20 feet in width.

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.

An inventory of existing environmental conditions at the project site and in 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.

An assessment of the probable impact of the project upon all topics set forth in Paragraph B.

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.

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.

A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.

A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.

Three copies of the Environmental Impact Report shall be submitted to the Planning Board of Little Silver together with a filing of the application.

The Planning Board shall submit the Environmental Impact Report to the Environmental Commission of the Borough of Little Silver and the Borough Engineer for review and recommendation. The Environmental Commission shall review the Report and submit to the Planning Board its recommendations respecting the same within 60 days after receipt thereof. Upon completion of all reviews and public hearings, but in any event not later than 30 days after the date of its next regular meeting following the filing of the Report, the Planning Board 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 Planning Board 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. If the Planning Board fails to act within the time period set forth above, unless extended by agreement with the applicant, the Report shall be deemed to have been disapproved.

Upon approval by the Planning Board, the Environmental Impact Report shall be marked or stamped "Approved" by the Secretary of the Planning Board and shall be designated as the "Final Environmental Impact Report".

Notwithstanding for foregoing, the Planning Board 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.

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 requirement of local law by supervening County, State or Federal law.

No fences or walls shall be erected, altered or reconstructed without a Fence Permit.

Fences and walls hereafter erected, altered or reconstructed in any zone in the Borough shall not exceed six feet in height above ground level except as follows:

All fences must be erected within the property line, and no fence shall be erected so as to encroach upon a public right-of-way.

The following fences and fencing construction materials are specifically prohibited in all zones in the Borough; barbed wire, razor wire, canvas, cloth, electrically charged, expandable and collapsible fences.

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 member of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

Corner lots shall be allowed six-foot high fences along the road frontage that portion of the lot that is not utilized as dwelling front yard. The fence shall be located at the side yard setback from the property line of the zone in which the lot is located.

A Building Permit shall not be issued for new residential structure 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 centerline of connecting public streets, is 400 feet or less.

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.

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.

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.

All fire hydrant tops will be painted with white fluorescent paint.

All fire hydrants installed in the municipality shall have no less than two, 2 1/2 inch hose connection nozzles and one, 4 1/2 inch pumper nozzle. All threads are to be National Standard fire hose threads.

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.

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:

Lot and Block Numbers.

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.

Lot Frontage. Each lot shall front on an approved street accepted or to by accepted by the Borough.

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.

Unsuitable Lots. All lot 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 Planning Board may require such revisions in a layout of the subdivision as will accomplish one of the following:

Driveways. All structures must be accessible by means of a driveway.

For single family lots, driveways shall not be less than five feet from the side property line and shall not exceed a slope of 12%.

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 Section 4, Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute. In addition to the required monuments, after 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.

Monuments shall also be installed along the elevation six contour the NGVD datum as it traverse the property to delineated the limits of the coastal wetland areas within the Borough.

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 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 Planning Board during site plan review.

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.

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

Loading areas, as required by this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

No off-street loading or unloading area shall be permitted in any required front yard area.

Every commercial and business use shall provide a dedicated parking space for express mail and package delivery vehicles. The dedicated space shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

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°.

Stall Size.

Aisle Widths.

Access Drives.

Paint Striping. All parking areas may 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 insure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Uniform Manual on Traffic Control Devices.

Traffic Signs. All parking areas shall provide traffic control signs and devices necessary to insure safe and convenient traffic circulation. Such devices shall be in substantial conformance with the Uniform Manual on Traffic Control Devices.

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 in accordance with Section 16A-8.10 of this chapter with a six inch face or such alternate curb types as may be approved by the Planning Board at the time of site plan approval. The Planning Board may waive the requirement for curb in parking areas open only to employees, service vehicles or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.

Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in Section 16A-8.22 of this chapter, except as follows:

Small Parking Areas. Parking lots having 50 or less spaces shall be designed to provide the following minimum design requirements.

Large Parking Areas. Parking lots which have a capacity for parking more than 50 vehicles shall incorporate the following minimum design standards:

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:

Retaining Walls and Embankment Slopes.

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 Planning Board, 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 side lines 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 Planning Board may also require that provision be made for future connection to adjacent undeveloped properties.

Minimum Off-street Parking Spaces Required.

Criteria for Determining Required Parking Spaces. In computing the number or the above required parking spaces, the following rules shall govern:

Type of Pools.

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.

Electric Lines. All electrical service lines shall be buried underground cable and/or conduit shall be in accordance with the building.

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.

Pool Location. An outdoor private swimming pool shall be located not less than 25 feet from the side or rear of the residence on a building lot in a R-1 or R-1A Zone and 15 feet in any other zone. No pool, pool fence or pool accessory shall be located in a front yard.

Pump Location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 20 feet from any side or rear property line.

Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable grading or 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.

Enclosures. Private swimming pools, spas and hot tubs shall be enclosed in accordance with paragraphs H and I.

Outdoor private swimming pool: An outdoor swimming pool, including an inground, above-ground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:

Access gates shall comply with the requirements of items 1 through 7 of paragraph H and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate:

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.

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.

Pavement Structure Design.

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 proposal by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.

Subbase and/or Aggregate Base Courses. Where granular subbase courses are included in the payment design section proposed by the developer, they shall be constructed in accordance with the Applicable requirements of Section 901.08 of soil Aggregate designated I-5 conforming to Section 901.08 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction. Asphalt 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, Type 5, Class A, or Type 2, Class A or B. 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, Type 4, Class E. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

Bituminous Base Courses.

Bituminous Pavements. Bituminous pavements shall consist of an asphalt surface course, in accordance with the requirements of Section 404.02 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction. 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 direction of the Borough Engineer. If the Borough Engineer directs, a leveling course of FA-5C material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.

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 an alternate detail must be recommended by the Borough Engineer and approved by the Planning Board. 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.

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 Planning Board.

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:

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.

The design and construction or approval of all public systems for extensions of existing sewerage system(s) either publicly or privately owned, shall be under the jurisdiction of the Two Rivers Water Reclamation Authority.

Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Two Rivers Water Reclamation Authority and filed with the Planning Board, or the final approval will be conditioned upon full approval of the Two Rivers Water Reclamation Authority.

Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require either rights-of-way, or easements in accordance with Section 16A-8-27, Easements.

General Requirements.

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

Sidewalk Construction. Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches with reinforced, welded wire fabric mesh for residential uses and all drives to parking areas of less than 50 spaces and to eight inches with reinforced welded wire fabric mesh, or all other uses. Sidewalks shall be six feet in width where designed to be adjacent to driveways or parking spaces subject to vehicle overhang. 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.) All sidewalk construction shall be in accordance witch the applicable requirements of the Residential Site Improvement Standards N.J.A.C. Title 5, Chapter 21, Section 5:21-4.18. Concrete shall be Class B, 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 equal intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encounter in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer.

Apron Construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb 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. Concrete shall be Class B 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.

Driveway Depressions. At each driveway without curb return radii, the concrete curb 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 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.

Alternate Sidewalk or Apron Types and/or Locations. 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. 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 Planning Board.

Curb Ramps for the Physically Handicapped. 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. 6A). 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. 6B). Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Figures No. 6A and 6B. 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. 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.

Curb ramps shall be constructed with a rough broom finish in accordance with New Jersey Department of Transportation specifications and shall be flush with the street pavement at the gutter line.

General Provisions.

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

Prohibited Signs.

Permitted Signs In Residential Zones.

Permitted Signs In Nonresidential Zones.

Special Event Signs.

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

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.

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.

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

If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing.

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

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

If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Planning Board may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements, even if indoor accommodations for solid waste are proposed.

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 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 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 green infrastructure, water quality, quantity, and groundwater recharge.

Purpose. The purpose of this Subsection 16A-8.28 is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 16A-8.28.2.

Applicability.

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this Subsection 16A-8.28 are to be considered an integral part of development approvals 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 Subsection 16A-8.28 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This Subsection 16A-8.28 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 Subsection 16A-8.28 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.

Site design features identified under Subsection 16A-8.28.3 above, or alternative designs in accordance with Subsection 16A-8.28.3 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 16A-8.28.4A2 below.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

Safety ledge illustration.

Submission of site development stormwater plan.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection 16A-8.28.

Submission of site development stormwater plan. The following information shall be required:

Applicability. Projects subject to review as in Subsection 16A-8.28.1C of this Subsection 16A-8.28 shall comply with the requirements of Subsection 16A-8.28.7B and Subsection 16A-8.28.7C.

General maintenance.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

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 Planning Board concurs that such extension will promote safety and conform to the street standards contained elsewhere in this chapter.

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.

Design of Local Streets. Local streets shall be designed in accordance with the schedule of street design standards and the following requirements:

Classification of Streets. In any development it shall be the duty of the Planning Board to approve classification of proposed streets according to their use. In making its decision, the Planning Board 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:

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:

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 No. 9).

Street Intersections. Street intersections shall be designed according to the following standards:

Street Layout.

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.

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 Planning Board. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Planning Board, 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.

Streets Serving Other Than Single- family Detached homes. The right-of-way width and other standards for internal roads and alleys in non-residential 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 firefighting equipment and shall generally conform to the requirements herein.

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.

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 bin-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

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 bi-metal 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.

For each site plan application for commercial and industrial developments that utilize 1000 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 bi-metal 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 weeks accumulation of recyclable material. The Municipal Agency may require the location of one or more common storage areas at convenient locations within the development.

All residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, over and above that which is currently permitted, whether permitted by a zoning amendment, a use variance granted by the Zoning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, shall require that an appropriate percentage of the residential units be set aside for very-low-, low-, and moderate-income households.

This requirement shall not apply to development of single-family detached homes, residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.

The affordable housing set-aside shall be 20%.

he developer shall provide that half of the very-low-, low-, and moderate-income units constructed be affordable by low-income households and that the remaining half be affordable by moderate-income households. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.

Subdivision and site plan approval shall be denied by the board unless the developer complies with the requirements to provide very-low-, low-, and moderate-income housing pursuant to the provisions of this subsection. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.

This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.

In the event that the inclusionary set-aside percentage of the total number of residential units does not result in a full integer, the developer shall round the set-aside down if the fractional unit equals 0.49 or less and shall round the set-aside up if the fractional unit equals 0.50 or more.

Purpose. The purpose of this Subsection 16A-8.37 is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This Subsection 16A-8.37 establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in The Borough of Little Silver to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.

Definitions. For the purpose of this Subsection 16A-8.37, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Subsection clearly demonstrates a different meaning. When consistent 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.

De-icing material storage requirements.

Exemptions:

Enforcement. This Subsection 16A-8.37 shall be enforced by the Police Department and/or other municipal officials of the Borough of Little Silver during the course of ordinary enforcement duties.

Violations and penalties. Any person(s) who is found to be in violation of the provisions of this Subsection 16A-8.37 shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines according to the Borough of Little Silver in § 5-13 of Borough Code.