Monmouth Beach City Zoning Code
ARTICLE 30
8 Design Standards and Improvement Specifications
30-8.1 General improvement standards.
A.
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.
B.
Standard specifications and construction details. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Planning Board, the Board of Commissioners and subdivider or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, from the New Jersey Department of Transportation. The requirements of this chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, County, State or Federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the Borough adopt, subsequent to the effective date of this chapter, particular and specific Standard Construction Details for the Borough, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.
30-8.2 General design standards.
A.
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 N.J.S.A. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.
B.
Responsibility for design. Within the criteria established by and subject to the review and approval of the 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.
C.
Design data. To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data. Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the 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.
D.
Design standards. When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Borough Engineer prior to beginning his detailed design, for review and approval of his proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area. Design standards may not be utilized if they do not have the approval of the Borough Engineer.
E.
Waiver of requirements. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein. The 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.
30-8.3 Blocks.
A.
The block length, width, and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this chapter and to provide for convenient access, circulation control, and safety of vehicles and pedestrians.
B.
Block lengths may vary between 500 and 3,000 feet but blocks along other than local or collector streets shall not be less than 1,200 feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.
30-8.4 Buffer areas, screening, landscaping and shade trees.
A.
Buffer areas. All uses, other than single-family detached and two-family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide twenty-foot wide buffer areas along all side and rear property lines which abut areas zoned residentially (including single family detached and multi-family dwellings) and along front property lines on local or collector streets which abut areas zoned for such residential uses.
1.
(Reserved) [12/11/1979]
2.
If a proposed single-family detached subdivision abuts a collector or arterial highway or an area zoned for or occupied by other uses, the Planning Board shall consider the need for buffer areas and may require:
a.
That a buffer strip not exceeding 50 feet in width be provided and maintained in its natural state and/or suitably planted with screening and landscaping, or
b.
That the adjacent lots front on an interior street and have a depth of at least 200 feet with suitable screening and landscaping planted at the rear, or
c.
That other suitable means of separation be provided.
3.
Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
4.
No structure, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the Planning Board, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided.
B.
Screening. Within buffer areas required by paragraph A above, there shall be provided screening in accordance with the following regulations:
1.
Except as otherwise provided herein, the screening area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the Planning Board. Trees shall be planted in two staggered rows eight feet apart and shall be between six and eight feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six-foot centers (see Figure 1 below).
FIGURE 1 STANDARD SCREENING  Double staggered rows of approved evergreen trees. |
2.
In cases where it is determined to be desirable by the Planning Board, evergreen trees planted with a minimum height of four feet may be substituted for the six to eight foot trees required under Section 30-8.4B provided that the developer shall install a solid six-foot high stockade fence along the outside of the required screening strips in accordance with Section 30-8.14 prior to commencing the construction of improvements on the site.
The stockade fence shall be maintained in good condition by the developer until such time as the evergreen trees have grown to a minimum height of 10 feet at which time, the developer may remove the stockade fence. |
3.
Where suitable trees exist within a screening area, they should be retained and supplemented with shade tolerant evergreen trees to provide the equivalent of the required screening as determined by the Planning Board.
4.
Where all proposed buildings, parking areas and other improvements are located 50 feet or more from a property line abutting a residential zone, the Planning Board may permit a screening area 10 feet in width planted with a single row of evergreen trees in a location approved by the Planning Board planted on five foot centers with a minimum height of six to eight feet of a type and species to be substituted for the screening area required in Figure 1 (see Figure 2 below).
FIGURE 2 MODIFIED SCREENING  Single row of approved evergreen trees. |
5.
The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Planning Board may require the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location at which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Planning Board may permit the height of trees planted in the required screening strips to be decreased by an amount equal to 1/2 the difference in elevation, except that in no case, shall the required height be reduced to less than four feet.
6.
All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct a six inch deep earth saucer around each tree to hold water and fill with woodchips or other suitable mulch. Trees shall be nursery grown, balled and bagged, sheared and shaped, of the required height and planted according to accepted horticultural standards.
7.
At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, approved by the Borough Planning Board as to type, location and spacing, shall be provided in lieu of the evergreen trees specified above:
8.
Waiver. The Planning Board, after favorable recommendation by the Borough Engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
C.
Landscaping.
1.
Topsoil preservation. No topsoil shall be removed from the site or used as spoil, except excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this paragraph. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four inch minimum thickness.
2.
Protection of trees. No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree.
3.
Removal of debris. All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to the approval of the Borough Engineer, be used as mulch in landscaped areas.
4.
Slope plantings. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion, shall be approved by the Borough Engineer and Environmental Commission. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.
5.
Selective thinning. Throughout the development except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide cleared, graded and drained pathways approximately four feet wide through all public or quasi-public open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide improved walkways, but only to provide easy access through open space areas.
6.
Additional trees in single-family subdivisions. Besides the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Planning Board at the time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The variety of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding 30% of the total plantings.
7.
Additional landscaping for nonresidential uses. In conjunction with all uses other than single-family homes, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands, or other required improvements, shall be landscaped by the planting of grass or other ground cover acceptable to the Planning Board and a minimum of two shrubs and one tree for each 250 square feet of open space.
8.
Trees shall be planted with a minimum diameter of two inches breast high.
9.
Waiver. The Planning Board, after favorable recommendation by the Borough Engineer and Environmental Commission and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
10.
Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications.
11.
Landscaping plan. The placement of landscaping shall be in accordance with a landscaping plan submitted with the final plat.
12.
Relocated plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of Section 30-8.4C, 6 and 7, provided that:
a.
Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material, and
b.
All such salvaged and/or relocated plant material shall be of a type, size and quality acceptable to the Environmental Commission and the Borough Engineer, and
c.
All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the Environmental Commission and the Borough Engineer.
d.
The developer has received the approval of the Environmental Commission and the Borough Engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.
D.
Shade trees.
1.
In each subdivision of land, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type approved by the Shade Tree Commission at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on the final plat. Such plantings shall not be required within sight easements as required elsewhere herein.
2.
All trees planted in accordance with the provisions of this chapter shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree will at the point where the tree is planted. In the event that any individual person or group of individual persons desire to plant a tree or trees in a tree well or within the jurisdiction of the Borough Shade Tree Commission, such person or persons may do so, provided that they conform to the provisions of this chapter, and further provided that permission of the Shade Tree Commission is obtained.
3.
All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, or of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.
4.
All trees planted pursuant to this chapter shall be planted in a dormant state.
5.
Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Shade Tree Commission. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified by the Shade Tree Commission.
6.
A hole in which a tree is to be planted shall be in each case, 1/3 larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.
7.
All shade trees shall be planted in accordance with the landscaping requirements of the Standard Specifications.
30-8.5 Bulkheading.
All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on non-tidal bodies of water, either 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, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or reconstructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.
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.
30-8.6 Bulk storage.
In Zoning Districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
A.
No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.
B.
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
C.
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board. Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of Section 30-8.4 of this chapter.
D.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Section 30-8.4 of this chapter.
E.
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the Planning Board, which shall be of sufficient strength to handle the anticipated use.
F.
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
G.
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.
30-8.7 Clearing and grading.
A.
All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the Borough Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Borough Engineer.
B.
Material which the Borough Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the Borough Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.
C.
All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.
D.
All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.
E.
To preserve the integrity of pavements, embankments and excavations, streets or roadways shall be provided with slopes no steeper than one-foot vertical rise for every three feet of horizontal distance.
F.
Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the 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.
G.
Top of slopes in excavations and the top of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the six-foot wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.
H.
Lot grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.
1.
Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.
2.
Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below finished grade.
3.
The minimum slope for lawns shall be 3/4 of 1% and for smooth hard-finished surfaces, other than roadways, 4/10 of 1%.
4.
The maximum grade for lawns within five feet of a building shall be 10% and for lawns more than five feet from a building, 25%.
5.
Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to Borough Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the Borough adopt, subsequently to this chapter, standard details for such construction, the same shall govern.
6.
The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.
30-8.8 Commercial or private club swimming pools.
A.
Location of club or bathhouse. All commercial or private club swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse for an outdoor commercial or private club swimming pool shall be set back not less than 100 feet from the front property line and not closer than 50 feet from the side and rear property lines.
B.
Pool location. An outdoor commercial or private club swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot, and not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.
C.
Off-street parking. Ample parking spaces shall be provided in an area or areas located not less than 100 feet from the front property line and no less 50 feet from the side or rear residential property lines.
For a private club with a membership of up to 100 members, not less than 80 car spaces shall be provided. For each additional 25 members or fraction thereof, not less than 20 additional car spaces shall be provided.
For a commercial pool with up to 100 lockers or clothes baskets, there shall be provided not less than 40 car spaces, and for each additional 25 lockers or clothes baskets, not less than 10 additional car spaces, and in addition thereto, two car spaces for each three family lockers.
D.
Size of pool. A swimming pool for a private club, limited to a maximum of 100 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 450 square feet.
For a commercial swimming pool limited to a total of 100 lockers or baskets for bathers' clothing, the minimum size of the pool shall be 2,000 square feet and for every additional 25 lockers or baskets or fraction thereof, the pool shall be enlarged by 500 square feet.
E.
Swimming section. The diving section shall be greater than 5.5 feet in depth; the non-diving section shall be less than 5.5 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.
F.
Pump location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.
G.
Lounging and spectator area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.
H.
Club and bathhouse facilities. The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.
I.
Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.
J.
Pool enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence, capable of holding a live load of 250 pounds between posts, located not more than eight feet apart; however, one side or sides of the club or bathhouse may serve as a part of the enclosure. The fence shall be located not less than 15 feet from the closest edge of the pool. The fence shall be from eight feet to 10 feet high, having no opening larger than a two inch square. All supporting structures shall be on the inside of the fence and the top of such support shall be at least one inch lower than the top of the fence.
K.
Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly on and be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.
L.
Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from failing upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.
M.
Noise. No sound amplifying system shall be operated at other activities permitted at any swimming pool for commercial or private club use which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 10:30 p.m.
30-8.9 Common open spaces and public open spaces.
Common Open Space or Public Open Space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:
A.
Open space standards.
1.
Each open space area should contain a minimum of two contiguous acres.
2.
Open space areas should not be less than 50 feet in width at any location, except where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.
3.
Where possible, all of the following land areas and features should be reserved as open space.
a.
Floodway areas.
b.
Areas containing a significant number of specimen trees as determined by the Environmental Commission.
c.
Existing watercourses, ponds, marshes and swamps.
d.
Land with a seasonal high water table of less than two feet.
e.
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
B.
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:
C.
Reservation of public areas.
1.
If the Master Plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Planning Board may further require that such streets, ways, basins or areas be shown of the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shows on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provision or this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
2.
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration or the real property taxed apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
D.
Recreation areas. Where it is considered appropriate by the Planning Board, portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreation activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include, but are not limited to, swimming pools, tennis courts, and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the following standards:
1.
The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
2.
The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
3.
The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
4.
The Board shall request and consider recommendations from the appropriate Borough officials.
5.
The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
6.
The Board shall consider the sequence of development.
7.
The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
E.
Open space ownership.
1.
The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the Planning Board and may include, but is not necessarily limited to the following:
a.
The Borough of Monmouth Beach (subject to acceptance by the Board of Commissioners.
b.
Other public jurisdictions or agencies (subject to their acceptance).
c.
Quasi-public organizations (subject to their acceptance).
d.
Homeowners' or condominium associations or organizations.
e.
Shared, undivided interest by all property owners in the development.
2.
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which insure that:
F.
Maintenance of common open space.
1.
The Borough or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Planning Board shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.
2.
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the Borough or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough.
3.
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Administrative Officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Administrative Officer shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Administrative Officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Administrative Officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Administrative Officer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Administrative Officer in any such case shall constitute a final administrative decision subject to judicial review.
4.
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
30-8.10 Concrete requirements.
A.
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight day compressive strength of the concrete used shall not be less than the following:
Type of Concrete | (pounds per square inch) | |
|---|---|---|
Class A | 4,500 | |
Class B | 3,500 | |
Class C | 3,000 | |
Class D | 2,500 |
B.
Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.
30-8.11 Curbs or curbs and gutters.
A.
General requirements. Curb and/or combination curb and gutter shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on the development side. Curbs and/or combination curbs and gutters shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick cut to match the cross-section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts Portland cement concrete pavement, joints in the curb shall be placed to match the paving joints and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When concrete curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joists in the gutter shall be formed simultaneously with joints in the curb. Curb and combination curb and gutter cross-sections shall be as shown in Figure 3 and 4. The requirements of the Standard Specifications regarding curbing precautions must be strictly observed.
 FIGURE 3 CONCRETE CURB NOT TO SCALE |
 FIGURE 4 COMBINATION CURB & GUTTER NOT TO SCALE |
B.
Use of combination curb and gutter. Use of combination curb and gutter will be allowed in all areas and require those areas having a bituminous pavement with a profile grade greater than 5%, with the following exception:
1.
Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.
2.
Where 50% or more of the curb length of any street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.
3.
Where 50% or more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with combination curb and gutter.
C.
Timing of curb construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having Portland cement concrete pavement, the curb shall be constructed after the construction and curing of the Portland cement concrete pavement.
D.
Alternate curb types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channeling 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 proved 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.
30-8.12 Easements.
A.
Drainage easements.
1.
If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the Planning Board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the Borough Engineer for consideration by the Planning Board. The Planning Board, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety, or recommend such other action to the Governing Body as it deems appropriate.
2.
All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
3.
The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 50 feet in each direction from the center line of the watercourse, whichever is the greatest except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development.
Said easement and right-of-way shall include provisions assuring the following: |
a.
Preservation of the channel of the watercourse.
b.
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
c.
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
d.
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.
B.
Conservation easement.
1.
Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 100 feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
2.
The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.
C.
Sight triangle easements. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
1.
On local streets - 50 feet.
2.
On collector streets - 100 feet.
3.
On arterial streets - 200 feet.
4.
Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Monmouth, the sight triangle easements required by the State or the County of Monmouth may be substituted in lieu of the requirements above.
30-8.13 Environmental impact report.
An environmental impact report shall accompany all applications for preliminary subdivision and preliminary site plan approval. Such report shall provide the information needed to evaluate the effects of the project for which approval is sought upon the environment and shall include data to be distributed, reviewed and passed upon as follows:
A.
A project description which shall specify what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.
B.
An inventory of existing environmental conditions at the project site and in 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.
C.
An assessment of the probable impact of the project upon all topics set forth in paragraph B.
D.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.
E.
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
F.
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.
G.
A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.
H.
Three copies of the Environmental Impact Report shall be submitted to the Planning Board of Monmouth Beach together with a filing fee of $200 to cover the cost of reviewing and processing the same.
I.
The Planning Board shall submit the Environmental Impact Report to the Environmental Commission of the Borough of Monmouth Beach 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.
J.
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."
K.
Notwithstanding the 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.
L.
An Environmental Impact Report as required herein shall also be submitted as to all public or quasi-public projects unless such are exempt from the requirements of local law by superseding County, State or Federal law.
30-8.14 (Reserved) [1]
30-8.15 Fire hydrants.
A.
A Certificate of Occupancy 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 center line of connecting public streets, is 400 feet or less.
B.
Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distances between fire hydrants.
C.
Fire hydrants shall not be placed at the closed end of a turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.
D.
The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter but rather the proper installation of fire hydrants shall be a condition of the issuance of Certificates of Occupancy.
E.
Flow Capacity classification.
2.
Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressure.
F.
All fire hydrants shall be painted in accordance with the following schedule:
1.
The tops and nozzle caps shall be painted the color indicated for such of the following classes:
Class of Hydrant | Color | |
|---|---|---|
A | Green | |
B | Orange | |
C | Red |
G.
All fire hydrant barrels will be painted with white fluorescent paint.
H.
All fire hydrants installed in the municipality shall have no less than 2A 1/2 inch hose connection nozzles and one, 4A 1/2 inch pumper nozzle. All threads are to be National Standard fire hose threads.
I.
Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor.
30-8.16 Guardrails.
Guardrails, pipe railing or other appropriate barricades, as required by the Planning Board shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations. Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.
30-8.17 Lots.
[Amended 2/9/1982; 9-19-2023 by Ord. No. O-08-23]
A.
Lot size. Minimum lot size and dimensions shall be governed by the requirements of the respective zoning districts as set forth in this chapter, except that:
1.
The Planning Board may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade which in the opinion of the Board would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.
2.
The Planning Board may require larger lots to collector or arterial streets where, in the opinion of the Board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.
B.
Lot and block numbers.
1.
In accordance with the Tax Map specifications of the State of New Jersey dated May, 1975, prepared by the State of New Jersey Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript. The use of letter designations should particularly be avoided.
2.
Prior to final plat approval by the Planning Board, two copies of the map shall be submitted to the Borough Engineer for proper assignment of lot and block numbers. One copy of said map shall be returned with the new lot and block numbers shown. The other copy will be retained for tax map purposes.
C.
House numbers.
1.
House numbers shall be assigned each lot by the Borough Engineer prior to final plat approval by the Planning Board.
2.
The subdivider, upon completion of curbs and streets, shall place the street number of each lot in the subdivision on the curb or other conspicuous place approved by the Borough Engineer in size and color designed to make said street numbers readily and distinctly discernible from the street. Unless otherwise permitted by the Engineer, such numbers shall be block style, four inches, in height, 3/4 inch shape width painted in white fluorescent paint on a black background extending at least one inch beyond the number on all sides.
D.
Area and side lot lines. Except as otherwise provided in this chapter, lot dimensions and area shall not be less than the requirements of the zoning district. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
E.
Lot frontage. Each lot shall front on an approved street accepted or to be accepted by the Borough.
F.
Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by this chapter.
G.
Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, environmental, flood conditions or similar circumstances, the Planning Board may require such revisions in a layout of the subdivision as will accomplish one of the following:
1.
That the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.
2.
That it is included in an area to be deeded to the Borough or other public or quasi-public body and will be held in its natural state for conservation and/or recreation purposes.
3.
That some other suitable arrangement is made.
H.
Driveways. All structures must be accessible by means of a paved driveway. The paved driveway must be not less than 10 feet wide and must have a center line grade of not less than 0.5% and not greater than 10%. For one- and two-family dwellings a stabilized base with an optional type of finish stone may be used in lieu of pavement; provided, however, that the apron of such driveway shall be constructed of reinforced concrete and comply with the requirements of Subsection 30-8.26D. For all non-single-family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.
30-8.18 Monuments and iron stakes.
Monuments shall be a size and shape required by Section 4, Chapter 358 of the Laws of 1963, and shall be placed in accordance with said statute. In addition to the required monuments, after the grading is finished, the developer shall install a steel stake one inch in diameter and 30 inches in length on lot corners, lot line angle points, or other changes in direction not marked by monuments, and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.
30-8.19.1 Apartments-High Rise (A-2 District).
Within the A-2 District, apartment buildings less than four stories in height shall not be permitted. No apartment building shall be constructed except in conformance with the following minimum standards, in addition to those set forth in the Schedule of Limitations.
A.
The overall density shall not be more than 35 families per acre.
B.
Each structure when designed with a common hallway shall have ingress and egress from the outside by a minimum of two means from such common hallways.
C.
Not more than 50% of the apartment units shall be two bedroom units and no three or more bedroom units shall be permitted. No more than 15% of the apartment units shall be efficiency in size. Two bedroom apartments shall contain two bathrooms.
D.
In every apartment building each unit shall adhere to the following minimum floor area requirements:
Efficiency - 600 square feet | |
One Bedroom - 850 square feet | |
Two Bedroom - 1,000 square feet |
E.
Not more than one principal building shall be constructed on a lot.
F.
For any apartment building, a minimum of 15% of the total land area shall be set aside and developed for usable recreation space after review and approval of the site plan by the Planning Board.
G.
All roads and driveways on the project site shall be permanently maintained by the owner or operator of the apartment project, such maintenance to include snow removal and clearance of storm debris.
H.
Garbage collection shall be provided by the owner a minimum of twice weekly.
30-8.19.2 Apartments-Garden (A-3 District).
Within any A-3 District, no garden apartment building or group of garden apartment buildings except in accordance with the following standards:
A.
The overall density shall not be more than 13 families per acre.
B.
Not more than 50% of the apartment units shall be two bedroom units and no three or more bedroom units shall be permitted. Two bedroom apartments shall contain two bathrooms.
C.
In every apartment building, each unit shall adhere to the following minimum floor area requirements:
One Bedroom - 850 square feet | |
Two Bedroom - 1,000 square feet |
D.
In the layout of garden apartments on a lot or tract of land, the following minimum distances shall be maintained:
1.
Between all main buildings and detached accessory buildings: 35 feet and zero inches.
2.
Between ends of all buildings, where walls are parallel to each other: 30 feet and zero inches.
3.
Between ends of all buildings, where walls are parallel to each other, and driveways are introduced in order to reach parking areas: 40 feet.
4.
From the front facade of a structure to the front or rear facade an opposite structure where walls are parallel: 85 feet and zero inches.
5.
From the rear facade of a structure to the rear facade of an opposite structure where walls are parallel: 70 feet.
6.
From the front facade of a building to the side wall of an adjoining building where walls are parallel, but do not overlap: 20 feet and zero inches.
7.
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet unless said buildings are jointed together. In no case shall windows in any wall be obstructed by any abutting walls.
8.
The term "parallel," as used in this section, shall include the meaning approximately or approaching parallel position, but in any event the deviation from true parallel shall not exceed 10 degrees.
E.
When a garden apartment house is designed to provide a series of dwelling units separated by party walls, a maximum of 32 families shall be contained in one such grouping of units. Front and rear entrances shall be provided for each apartment within such units. Use of a fire escape in lieu of such front or rear entrance shall be prohibited.
F.
Every garden apartment house shall be so designed that each apartment within the building shall be provided with not less than two exterior exposures for each dwelling unit, the same being properly pierced by windows in order to provide either through or corner ventilation.
G.
The maximum length of any front facade shall not exceed 100 feet before a break in such facade is introduced. Such break shall be a minimum of four feet.
H.
For any garden apartment building development, a minimum of 15% of the total land area shall be set aside and developed for usable recreation space after review and approval of the site plan by the Planning Board. However, in no case shall such usable recreation space be smaller than 10,000 square feet or have a minimum dimension of less than 60 feet.
I.
All roads and driveways on the project site shall be permanently maintained by the owner or operator of the apartment project, such maintenance to include snow removal and clearance of storm debris.
J.
Garbage collection shall be provided by the owner a minimum of twice weekly.
30-8.20 Off-street loading.
A.
For every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the Planning Board during site plan review.
B.
Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
C.
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
D.
Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.
E.
No off-street loading and unloading area shall be permitted in any required front yard area.
30-8.21 Off-street parking.
[Amended 8/9/1994; 9-19-2023 by Ord. No. O-08-23]
In all zones and in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards:
A.
Type of parking permitted. Each dead storage bay of an off-street parking space may be perpendicular with the aisle, parallel with the aisle, or at any angle between 60° and 90°. No angle parking layout shall be permitted with an angle less than 60°.
B.
Stall size.
1.
Automobiles. Each perpendicular or angle off-street parking space shall occupy a rectangular area of not less than 10 feet in width and 20 feet in depth exclusive of access drives and aisles, except that parking spaces for the physically handicapped shall be 12 feet wide. Parallel parking spaces shall occupy a rectangular area 10 feet by 23 feet.
2.
Other vehicles.
a.
Uses that own, rent or service motor vehicles larger than automobiles which must be parked and/or stored on the site shall indicate in the statement of operations submitted with the site plan, the size of such vehicles and the anticipated largest number of such vehicles to be stored and/or parked on the site at any single time and the site plan shall show a sufficient number of parking and/or storage stalls at an adequate size for the largest number of such vehicles to be parked and/or stored on the site at any one time. Aisles providing for access to such parking and/or storage stalls shall be of adequate width for the vehicles to be served.
b.
Failure of an applicant to indicate, where applicable, in the statement of operations that vehicles larger than automobiles are to be parked and/or stored on the site and provide for such parking and/or storage on the site plan shall be a violation of this chapter, and any building permit or Certificate of Occupancy that has been issued shall not be valid and may be revoked.
c.
Any change of use to a use which requires parking and/or storage space for a greater number of vehicles larger than automobiles than the previous use shall be required to make application for site plan approval.
3.
When off-street parking is provided in connection with a use which will assign or can control the utilization of parking areas (for example, employee only parking areas), the Planning Board may approve separate parking areas for subcompact vehicles having a length of less than 17 feet and a width of six feet or less. Within such areas the Planning Board may approve the reduction of stall size to an 8A 1/2 foot width and a seventeen-foot length. Appropriate signing and marking shall be required. The number of parking stalls which may be designed for subcompact vehicles shall be determined by the Planning Board based upon documentation submitted by the applicant.
C.
Aisle widths.
1.
Aisles from which cars directly enter or leave parking spaces shall not be less than 24 feet wide for perpendicular parking or for parking at any angle greater than 60°, and 20 feet wide for 60° angle parking, except that all two-way aisles shall be a minimum of 24 feet wide.
2.
Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.
D.
Access drives. (See Figures 5 and 6).
1.
Entrance and exit drives shall have a minimum width of 18 feet for those designed for one-way traffic and 24 feet for those carrying two-way traffic.
2.
Parking areas for 25 or more cars and access drives for all parking areas on arterial highways shall provide curbed return radii of not less than 15 feet for all right turn movements and left turn access from one-way streets and concrete aprons on entrance and exit drives.
3.
Parking areas for less than 25 cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.
E.
Paint striping. All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to insure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Uniform Manual on Traffic Control Devices.
F.
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.
FIGURE 5  |
FIGURE 6  |
G.
Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast in place concrete curbing (see Figure No. 3) 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 reloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.
H.
Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in Section 30-8.23 of this chapter, except as follows:
1.
Parking areas for less than 50 cars, which the Planning Board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FA-BC-1 over a six-inch gravel base, all in accordance with the specifications contained in Section 30-8.23.
2.
In parking areas for 100 or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in Section 30-8.23 of this chapter.
I.
Location of parking.
1.
Parking areas in residential zones for uses other than single-family and two-family dwellings may be located in any rear or side yard, but may not be located in any required front yard.
2.
No area shall be used for parking unless it is large enough to provide for at least three contiguous stalls.
3.
Where parking is permitted between the front building line and the street line, whether by this chapter or variance, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements (See Figures 5 and 6):
a.
The width of the safety island shall be that width between the proposed curb line to a point eight feet inside the property line. When this width is less than 18 feet, the parking area shall be reduced to provide a minimum width for the safety island of 18 feet. All required tree and shrub plantings shall be placed on the on-site portion of the safety island.
b.
When perpendicular or angled parking spaces abut the safety island, the stall depth shall be measured from a point two feet outside the face of the curb for perpendicular spaces or angled spaces greater than 60°, and three feet outside the face of curb for 60° angle spaces. Such parking spaces shall be separated from access drives by curbed islands with a minimum width of 10 feet.
c.
Safety islands shall be landscaped, topsoiled, and seeded, except that they may, as an alternative to seeding, be provided with a cover or mulch of maintenance free materials which provide a clear and unmistakable distinction between the parking area and the safety island.
d.
Notwithstanding the use of maintenance free materials, there shall be provided at least one deciduous tree two inches in diameter at breast height every 40 feet, or part thereof, on all safety islands. A greater distance will be allowed for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen type shrubs. The portions of the safety island within 25 feet of any access drive or street intersection shall be planted with evergreen shrubs less than 30 inches in height. Alternate or additional plantings may be permitted by the Planning Board in accordance with an approved site plan.
e.
No commercial signs, light standards or other above ground obstructions other than plantings shall be permitted within 10 feet of the street right-of-way.
4.
All required parking spaces and facilities shall be located on the same lot or parcel as the structure or use it shall serve. In the case of nonresidential uses, parking facilities may be provided on other lots or parcels within a radius of 300 feet from the boundary of the lot containing the use to which said parking spaces and facilities are accessory, provided that said lots are in the same ownership as the lot containing the principal use and subject to deed restrictions binding the owner and his heirs, successors and assigns to maintain the required number of spaces available and required facilities throughout the life of such use.
5.
Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with State regulations. Parking spaces for the physically handicapped shall be a minimum of 12 feet in width and the number of spaces to be provided shall be determined by the following table:
Total Parking Spaces in Parking Area | Minimum Number of Spaces to be Provided for Physically Handicapped | |
|---|---|---|
Up to 25 | 1 | |
26 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 | |
Over 100 | 4 plus 1 for each 50 over 100 spaces |
J.
Small parking areas. Parking lots having 50 or less spaces shall be designed to provide the following minimum design requirements:
1.
A safety island where parking is provided in the front yard area.
2.
A five foot unbroken landscaping strip along side and rear property lines. The five foot landscaping strips shall have the same minimum planting requirements as safety islands, except that:
3.
Not more than one two-way access drive or two one-way access drives shall be permitted on any street.
4.
Where possible, access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street.
5.
No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall.
6.
All parking areas for 10 or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal foot candles throughout the parking area and access drives. For multi-family uses, such lights shall be operated from dusk to dawn and for all other uses when the site or structure is occupied. Free standing light poles shall be no higher than the height of the highest principal building plus five feet. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.
K.
Large parking areas. Parking lots which have a capacity for parking more than 50 vehicles shall incorporate the following minimum design standards:
1.
All the minimum design standards for small parking areas.
2.
All entrance drives shall extend a minimum distance of 100 feet back from the street curb line or to an access aisle.
3.
All exit drives shall extend a minimum distance of 60 feet back from the street curb or to a major access aisle.
4.
No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.
5.
Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.
6.
Access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which in the opinion of the Planning Board will generate large traffic volumes, access drives shall not be located closer than 200 feet from the nearest right-of-way line of an intersecting street.
7.
No driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.
8.
Properties having a frontage in excess of 500 feet on any one street shall be permitted two-way and one-way access drives providing for not more than two entrance and two exit movements on the street. Properties having a frontage in excess of 1,000 feet on any one street may be permitted to have additional access drives subject to the approval of the Planning Board.
9.
Where the Planning Board determines that the total number of off-street parking spaces required by this chapter may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area, but not less than 65% of the required spaces, be completed initially, subject to the following regulations:
a.
The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this chapter.
b.
The site plan shall provide for adequate drainage of both the partial and total parking areas.
c.
The portion of the parking area not to be paved initially shall be landscaped in accordance with Section 30-8.4C of this chapter.
d.
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article 30-7 of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
e.
In lieu of a permanent Certificate of Occupancy, a temporary Certificate of Occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either (1) install the additional parking shown on the site plan and apply to the Construction Official for issuance of a permanent Certificate of Occupancy or (2) 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 may 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.
f.
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.
L.
Parking area landscaping. Every parking lot with more than 100 spaces shall be divided as nearly as possible into smaller lots of 50 spaces separated by landscaped dividing strips, excepting the area for access aisles. The plantings required within the parking area shall be considered exclusive from any other plantings that may be required for screening or safety island planting. All landscaping for dividing strips shall be shown as part of the detailed landscaping plan submission, where required. The following criteria shall apply for internal landscaped dividing strips:
1.
They shall have a minimum width of 10 feet.
2.
They shall be seeded and topsoiled. The use of maintenance free material other than seeding and topsoil may be permitted if the same provides a safe and attractive alternative.
3.
Unless otherwise approved by the Planning Board, they shall be planted with deciduous trees of two-inch diameter at breast height with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of Section 30-8.4. The area between trees shall be planted with a minimum of three evergreen type shrubs.
4.
The depth of perpendicular or angled parking stalls, which abut a landscaped dividing strip, shall be measured from a point two feet outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and three feet outside the face of the curb for 60° angled spaces.
M.
Retaining walls and embankment slopes.
1.
In the event that parking is proposed on a lot or site having a slope greater than 10%, regardless of size, it shall be terraced, utilizing retaining walls or properly reinforced embankment slopes and providing for adequate safety, stability and drainage. At no time should an embankment slope that is not reinforced, or any other earthen material having a greater elevation than the adjacent parking area, have a slope exceeding a ratio of 3:1.
2.
When retaining walls, terraces, embankment slopes or similar types of earthen retaining devices are necessitated adjacent to or within the parking area, they shall be kept in good repair or otherwise maintained so as to keep the parking area free of debris and dirt.
N.
Access to adjoining property. No unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners or possessors of adjacent properties, or if required by the 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 of 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.
O.
Minimum off-street parking spaces required.
1.
Automotive gasoline station mini mart. One parking space for each 200 square feet of gross floor area.
2.
Automotive repair garage or body shop. One parking space for each 400 square feet of gross floor area.
3.
Automotive sales and service. One parking space for each 400 square feet of gross floor area shall be provided for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display and storage.
4.
Automotive service station. Five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be less than five off-street parking spaces.
5.
Banks, Savings and Loan Associations and Similar Financial Institutions. One parking space for each 200 square feet of gross floor area.
6.
Bar, cocktail lounge, nightclub, including restaurants with bars. One parking space for each 50 square feet of gross floor area.
7.
Barber and beauty shop. Three parking spaces for each chair (if known), but not less than one parking space per 200 square feet of gross floor area.
8.
Business offices. One parking space for each 150 square feet of gross floor area.
9.
Community Center, Library, Museum, Art Gallery. One parking space for each 200 square feet of gross floor area.
10.
Community Club, Private Club, Lodge. One parking space for each 100 square feet of gross floor area, plus 1.5 spaces for each boat slip where applicable.
11.
Meeting rooms, assembly or Exhibition Hall. One parking space for each 50 square feet of gross floor area.
12.
Dwellings. Two parking spaces for each single-family dwelling, one of which shall be enclosed. Two parking spaces for each unit in multiple-family dwellings.
13.
Dental or Medical Office. One parking space for each 100 square feet of gross floor area, except that if located within a building housing three or more separate, unassociated practitioners the requirement shall be one parking space for each 150 square feet of gross floor area.
14.
Government Office. To be determined by the Planning Board, except that governmental offices within privately owned buildings shall provide a minimum of one parking space for each 150 square feet of gross floor area.
15.
Hardware, auto supply stores. One parking space for each 400 square feet of gross floor area.
16.
Laundromats or similar coin-operated cleaning. One parking space for each 200 square feet of gross floor area.
17.
Marina, boat yard, boat sales. One and one-half parking spaces for each boat slip. Where no boat slips exist, one space for each 300 square feet of gross floor area.
18.
Nursery school, day camp or similar uses. One parking space for each 500 square feet of gross floor area.
19.
Professional office. One parking space for each 150 square feet of gross floor area.
20.
Public and private utilities, electrical substation, gas regulator, water works, pumping station and similar facilities. To be determined by the Planning Board based on the specific need of the use.
21.
Restaurant, cafe, diner. One parking space for each 50 square feet of gross floor area.
22.
Recreation facilities. Those not specifically mentioned herein shall be determined by the Planning Board.
23.
Retail stores, except otherwise specified. One parking space for each 150 feet of gross floor area.
24.
Studio. Art, music, dance, gymnastics and similar for the purpose of giving instruction rather than shows or exhibitions. One parking space for each 100 square feet of gross floor area.
26.
Warehouse, wholesale, machinery or large equipment sales. One parking space for each 1,500 square feet of gross floor area, plus one parking space for each vehicle used in connection with the business.
P.
Criteria for determining required parking spaces. In computing the number of the above required parking spaces, the following rules shall govern:
1.
Where fractional spaces result, the required number shall be construed to be the nearest whole number.
2.
The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning Board based upon that use enumerated herein which is most similar to the proposed use. If there is no use enumerated herein having sufficient similarity to the use proposed to enable the Planning Board to establish rational parking requirements, the Planning Board may, in its discretion, direct the applicant to furnish the Planning Board with such data as may be necessary to enable the Planning Board to establish rational parking requirements.
3.
Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses on the same site, provided the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately by the above requirements.
4.
No part of off-street parking required by a structure or use shall be included as part of an off-street parking requirement of another use unless substantial proof and assurances are presented and it is determined by the Planning Board that the use of this parking will not be simultaneous.
5.
The floor area occupied in any building or structure as a child care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space.
30-8.22 Private swimming pools.
B.
Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations, and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
C.
Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.
D.
Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.
E.
Building permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Borough as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.
F.
Pool location. An outdoor private swimming pool shall be located not less than eight feet from the side or rear of the residence on a building lot, to the rear of the building setback line, nor closer than 10 feet to any property line.
G.
Pump location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line.
H.
Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.
I.
Enclosure.
1.
Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two inch square, and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high and if made of wire, they must be of the chain link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.
2.
Permanent above ground pools constructed with an attached fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart needs no additional fencing.
3.
Temporary above ground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless, enclosed by a fence meeting the requirements for a permanent underground pool.
J.
Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or padlock and chain, and shall be kept locked, except when the pool is in use.
30-8.23 Roadway construction.
A.
General requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities including service connections (terminating at least two feet behind sidewalk) to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.
B.
Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any development.
C.
Pavement structure design.
1.
The pavement structure design for each articular development utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.
2.
As minimum requirements, rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6A 1/2 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets; having a minimum wearing surface of not less than 1A 1/2 inches of pavement, Type FA-BC-1, and a minimum bituminous stabilized base course of not less than 2A 1/2 inches and a dense graded aggregate base course to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FA-BC-1; a minimum bituminous stabilized base course of not less than three inches, and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a 1:3 ratio (stabilized base to aggregate base) all in accordance with the applicable requirements of the Standard Specifications.
D.
Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation, or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.
E.
Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, 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.
F.
Bituminous base courses.
1.
Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.
2.
Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.
G.
Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FA-BC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer. If the Borough Engineer directs, a leveling course of FA-BC 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.
H.
Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard specifications. Expansion joints shall be New Jersey State Department of Transportation Type A Expansion Joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such 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.
I.
Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of, and tested and approved a suitable sample section of such pavement. In the event the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.
30-8.24 Screening and noise control of equipment or machinery.
[Amended 9-19-2023 by Ord. No. O-08-23]
A.
When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside or on top of any structure, they shall be screened from public view and adjacent residential properties. Said screening may consist of the following:
1.
Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season, and
2.
A solid and uniform fence at least five feet in height on four sides of said equipment, or
3.
A masonry wall at least five feet in height on four sides of said equipment, or
4.
Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles, or
5.
Decorative lattice, which shall be at least five feet in height on four sides of said equipment and be designed to be easily removable without tools so as to facilitate access to equipment or machinery for maintenance purposes, or
6.
Any similar type of solid or uniform screening, which will prevent exposure of such equipment to public view.
B.
The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to prevent any unsightly display of said equipment to public view or adjacent residential properties.
C.
When machinery, motors, generators or similar devices for cooling, heating, or generating purposes are placed outside or on top of any structure, the sound levels associated with such equipment shall not exceed the maximum permissible sound levels as outlined in Subsection 3-1.7 of the Borough Code. When the normal operation of such equipment would exceed the allowable maximum at the property line, noise control devices and strategies shall be applied to reduce the noise levels to a designed allowable maximum at the property line. Appropriate means of noise control include but are not limited to: acoustic barriers; acoustic insulation; inlet and outlet air attenuation baffles; isolation mounts; and exhaust silencers. Noise control devices may be designed to be integrated with screening measures required by Subsection 30-8.24A.
30-8.25 Sewage disposal.
A.
The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Northeast Monmouth Regional Sewerage Authority.
B.
Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Northeast Monmouth Regional Sewerage Authority and filed with the Planning Board, or the final approval will be conditioned upon full approval of the Northeast Monmouth Regional Sewerage Authority.
30-8.26 Sidewalks and aprons.
A.
General requirements.
1.
Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.
2.
The requirements of the Standard Specifications regarding curing precautions must be strictly observed.
B.
Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalk not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.
C.
Sidewalk construction. Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight feet). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at 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 encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer.
D.
Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses and shall be reinforced with welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer, located at the midpoint or one-third points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.
E.
Driveway depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.
F.
Alternate sidewalk or apron types and/or locations. 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.
G.
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. 7A). 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. 7B).
Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Figures No. 7A and 7B. 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.
FIGURE 7A  |
FIGURE 7B  |
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. |
30-8.27 Signs.
[Amended 12/11/1979; Ord. No. O-24-06, 3-14-06; Ord. No. O-09-2015; 9-19-2023 by Ord. No. O-08-23]
A.
General provisions.
1.
All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code as adopted by the Borough of Monmouth Beach.
2.
All signs to be erected, inscribed, installed, replaced or altered shall require a sign permit except permitted signs for private residences, permitted window signs and temporary signs, name plate signs not exceeding two square feet in size, and permitted A-frame sandwich board signs in full conformance with the provisions of this chapter. Application for such sign permit shall be made in the same manner as applications for building permits for the erection or construction of buildings.
3.
The maximum height for free standing or projecting signs, unless otherwise provided, shall not exceed 12 feet above ground level.
4.
All signs shall be located within the building line of the property, unless otherwise specifically provided.
5.
No permanent marquees or canopies shall extend over a required front yard or over a public walk.
6.
Official signs erected by the Borough, County, State or Federal Government shall be permitted in all districts.
7.
One freestanding sign for identification shall be permitted for schools, churches, hospitals or similar institutions, and for permitted clubs and lodges, provided that the area shall not exceed 25 square feet on each side, or wall signs may be erected not to exceed 25 square feet in total area.
8.
Flood lights associated with signage shall not be located more than 12 feet above ground level and shall be so placed and shielded as to prevent any glare or blinding effect upon any lane of moving traffic.
9.
No sign shall be located in such a manner as to materially impede:
10.
No signs except window or special event signs shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.
11.
Signs placed in windows are permitted subject to the following provisions:
a.
Not more than 20% of the square footage of any single window or single window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view.
b.
Any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the sale or event for which it was erected or posted.
12.
The bottom of all projecting signs must be at least eight feet above ground level, but shall not be above the first floor ceiling line. The top of projecting signs shall not extend above the eaves of the roof. Projecting signs shall be at right angles to the building and the outermost point of the sign shall not be more than five feet from the side of the building.
B.
Maintenance. If the Construction Official shall find that any sign is unsafe, insecure or in need of repair, or is not maintained in proper painted condition, the Construction Official shall notify the Zoning Officer of such finding, and the Zoning Officer 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 Construction Official at the expense of the permittee or owner of property on which it is located. The Zoning Officer shall consult with the Construction Official in the application of these provisions and the determination of structural deficiencies.
C.
Prohibited signs.
1.
No rotating beam of illumination or flashing illumination shall be used in connection with any sign.
2.
Signs with any lighting or control mechanism which may cause radio or television interference.
3.
Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, door or opening used as means of egress or ingress, or for firefighting purposes, or placed so as to interfere with any opening for ventilation required by law.
4.
Signs utilizing the colors red or green in their illuminations when the signs are placed within 50 feet of a street intersection.
5.
Any sign which is of such a form, character or shape as to confuse or dangerously distract the attention of a motor vehicle.
6.
Any advertisement that uses a series of two or more signs or units, placed in a line parallel to the street, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.
7.
Signs which in any way simulate official, directional or warning signs erected or maintained by the State of New Jersey, Monmouth County or Borough, or by any railroad, or public utility or similar agency concerned with the protection of the public health or safety.
8.
Pennants, multi-color streamers or banners or trading stamps, except during a ten-day period following the commencement of business by a new owner or tenant.
9.
Signs which rotate or move or which have rotating or moving parts.
10.
Signs which are above the parapet of a building.
11.
Signs which are attached to utility poles or trees.
12.
Signs which advertise that real estate has been sold or rented.
D.
Permitted signs in residential zones.
1.
One sign bearing the name and/or street number of the principal occupant of a private residence, and trespassing signs, or signs indicating the private nature of a driveway or premises, provided that the area on one side of any such sign shall not exceed two square feet, shall not exceed four feet in height above ground level, shall not be artificially lighted and shall be situated within the property lines of the premises it identifies.
2.
One non-illuminated, temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area on one side of any such sign shall not exceed three square feet, shall not exceed four feet in height above ground level and that it shall be removed within 30 days after consummation of a lease or sale transaction and further provided that the words "For Sale" or "For Rent" or similar words must be the largest wording on the sign.
3.
One free standing sign for each major subdivision, provided such sign shall not exceed 20 square feet in area on each side and shall not exceed eight feet in height. Any sign remaining in the area after all work on the subdivision is completed shall not exceed four square feet on each side and shall not exceed eight feet in height above ground level.
4.
No more than one permanent sign per lot shall be permitted, unless otherwise specified, for each use permitted in this zone.
5.
Apartments shall be allowed one sign identifying the apartment. Apartments having access drives from more than one street shall be permitted one sign per street. Such signs shall not exceed 50 square feet in area.
6.
In Zones A-2 and A-3 all other permitted uses may have one internally lighted or unlighted sign not to exceed 20 square feet in area.
E.
Permitted signs in business zones.
1.
Each commercial use may have a wall sign on the front of the building, not exceeding a total of 10% of the front building face area, including all doors and windows, but excluding the roof, or 100 square feet in area, whichever is less.
2.
Each commercial use may have one unlighted projecting sign not exceeding 18 x 30 inches.
3.
The overall sign area of all signs shall not exceed 15% of the front building face area, including all doors and windows.
4.
Where a commercial structure is located at the intersection of two streets, or a street and a parking lot, an additional wall sign may be erected or inscribed, upon the side wall, provided that such wall sign does not exceed 5% of the face area of the front of the building.
5.
Where the rear of a commercial structure adjoins a parking area or public access to a street, a wall sign not exceeding 10 square feet may be erected or inscribed, provided total sign area of the premises does not exceed 15% of the building face area of the front of the building. However, where a public entrance exists at the rear of a commercial structure, a wall sign not exceeding two square feet and stating the name of the premises only may be erected or inscribed, which shall not be counted toward the 15% limitation imposed in this subsection.
6.
One non-illuminated, temporary sign advertising the prospective sale or rental of the premises upon which it is maintained, provided that the area on one side of any such sign shall not exceed 25 square feet and that it shall be removed within 30 days after consummation of a lease or sale transaction, and further provided that the words "For Sale" or "For Rent" or similar words must be the largest wording on the sign.
7.
Directional signs may be permitted on the premises, however, no such sign shall exceed six square feet in area.
8.
One externally illuminated freestanding sign shall be permitted for each commercial property/lot in a business zone provided that such sign shall not exceed 25 square feet in area or eight feet in height and such sign shall be located no closer than five feet to any side property line. No freestanding sign shall be located with or obstruct any public right-of-way.
9.
No freestanding sign shall be erected, installed or maintained nearer than 50 feet from the boundary of any residential zone unless such freestanding sign is of a size and type permissible in a residential zone and unless the illumination, if any, of such sign is from within and of such intensity and so directed as not to cause a nuisance to adjacent residential property owners.
10.
Awning signs containing only the name of the business, logo, and street number, restricted to the drop-leaf or fringe of the awning may be permitted. No portion of an awning, other than the drop-leaf or fringe, may be used as a sign.
11.
One A-frame or sandwich board sign, subject to the following conditions:
a.
The sign shall have a maximum width of 30 inches, maximum height of 42 inches and maximum depth of 20 inches.
b.
The sign shall be weighted at the bottom so as to prevent unintended movement and render it impervious to the effects of strong winds.
c.
The sign shall be stored inside during inclement weather.
d.
The sign shall be stored inside when the business it is associated with is closed.
e.
The sign shall have no electrical or electronic components and shall not be illuminated.
f.
The sign shall contain no advertisement for products or services that are not offered on the premises.
g.
The sign shall be located no closer than 10 feet to any side yard property boundary; provided, however, that in the case of a property having a frontage of less than 20 feet, the sign shall be located as close to the center of the frontage as practicable.
h.
The sign shall be further located within four feet of either the curb face or the front of the building; provided further, however, that a forty-eight-inch-wide unobstructed path shall be maintained at all times on the sidewalk it is located upon.
i.
The sign shall be constructed of weather-resistant materials and shall not be permitted to weather, fade, peel, crack or otherwise deteriorate.
12.
One illuminated or electronic sign affixed to the inside of a first-floor window or visible from a first-floor window, subject to the following conditions:
a.
The sign shall have a maximum area of 1/3 of the total area of the window with which it is associated or 10 square feet, whichever is less.
b.
The sign shall not be operated when the business with which it is associated is closed.
c.
The sign shall contain no advertisement for products or services that are not offered on the premises.
d.
The sign shall not be visible from a residential property, residential unit on a mixed-use property, or from a residential zone.
e.
The sign shall contain no flashing objects, moving pictures or other animation.
f.
The sign may be of the channel-lit variety or consist of a digital LCD panel, LED panel or similar technology.
g.
Signs consisting of digital LCD panels, LED panels or similar technology shall have a pixel pitch (i.e., the distance between the centers of adjacent pixels) of 2.5 millimeters or less.
h.
Signs consisting of digital LCD panels, LED panels or similar technology shall be equipped with an automatic brightness control sensor or similar technology to cause screen brightness to automatically increase or decrease according to time of day.
i.
Signs consisting of digital LCD panels, LED panels or similar technology shall be operated at a maximum brightness of: 2,500 nits between sunrise and sunset; and 500 nits between sunset and sunrise.
13.
Gasoline service stations may display the following signs:
a.
One freestanding or pylon sign advertising the name of the station and for the principal products sold on the premises including any special company or X-brand name insignia or emblem provided that such sign shall not exceed 35 square feet in area on a side and shall be hung within the property line not less than 10 feet or more than 20 feet above the ground.
b.
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles providing that said sign does not exceed seven square feet in area and remains in place for no more than 90 days.
c.
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words closely similar in import provided that there shall be no more than one such sign over each entrance or bay. The letters thereof shall not exceed 12 inches in height, and the total of each sign shall not exceed six square feet.
d.
Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of a gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of three square feet on each pump.
F.
Special events signs.
1.
Civic groups or service organizations may erect a temporary sign prior to a special event provided that permission for the special event is granted by the Borough.
2.
Any business, industrial or professional user shall be allowed to erect for a special event advertising material which does not conform to the requirements of Sections 30-8.27A,11; 30-8.27C,8; 30-8.27E, 1,2,3 and 4 for a continuous period not to exceed 14 days during each calendar year, which right shall be noncumulative. No Borough approval of the temporary signs for a special event shall be required but each user shall give prior notice to the Administrative Officer as to the dates on which the temporary signs will be erected and removed.
G.
Penalties.
1.
In addition to actions for specific performance requiring the removal of any non-permitted sign, the Borough of Monmouth Beach may file a complaint in the Municipal Court of the Borough of Monmouth Beach. Penalties for a violation of this section shall be a fine of not less than $50 nor more than $1,500 for each day the non-permitted sign remains. Notwithstanding any other provision of the "Land Use and Development Regulations" there shall be no requirement of advance notice prior to issuance of a Municipal Court Complaint.
30-8.28 Solid waste storage.
Solid wastes from all uses other than single or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area subject to the following minimum standards:
A.
The screened refuse area shall not be located within any front yard area.
B.
The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any Ordinance of the Borough regulating the height of fences and requiring permits therefor.
C.
A five foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Planning Board approval.
D.
The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.
E.
If located within or adjacent to a parking area or access drive, the enclosed refuse areas shall be separated from such parking area or access drive by curbing.
F.
The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.
G.
All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.
H.
If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The 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.
30-8.29 Storm drainage facilities.
A.
General requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.
B.
Storm drain pipe. All storm drain pipes shall be either slip joint type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding 10%. Concrete pipe below 30 inches (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications. Concrete storm drain pipes, 30 inches or larger in diameter, will be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring type or other equivalent approved joint. All corrugated metal pipe shall be fully bituminous-coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength. Substitution on an equivalent gauge basis will not be allowed. All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory curved or mitered pipe may be allowed by the Borough Engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
C.
Inlets and manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.
D.
Headwalls. All pipe terminations shall be provided with poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plat. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.
E.
Inlet and manhole location.
1.
In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 600 feet.
2.
Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
3.
In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:
a.
Gutter flow widths on local and local collector streets shall not exceed 11 feet, or such narrower width as may be necessary to provide a twelve-foot wide clear lane in the center of the roadway.
b.
Gutter flow widths on minor collector streets shall not exceed nine feet, or such narrower width as may be necessary to provide two twelve-foot wide clear lanes in the center of the roadway.
c.
Gutter flow widths on major collector streets without shoulders shall not exceed five feet, or such narrower width as may be necessary to provide four ten-foot wide clear lanes in the center of the roadway.
d.
Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.
e.
Swale gutter flow widths in parking areas shall not exceed 12 feet.
4.
Maximum design capacities which may be used to determine actual inlet location and spacing are:
Not in Sump Conditions | ||
|---|---|---|
Type B | 4 cubic feet per second | |
Type E (in paved areas) | 4 cubic feet per second | |
Type E (in yard areas) | 1.5 cubic feet per second | |
In Sump Conditions | |
|---|---|
To be individually designed |
5.
Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.
6.
Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections.
7.
Parking areas may be designed to allow pending in order to decrease intensity of runoff. In such case, pending will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with Section 30-8.29H, 1 and shall meet the criteria set forth in Section 30-8.29H,11.
F.
Type of inlets and manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B and all yard inlets shall be Standard Type E; all manholes shall be New Jersey Department of Transportation standard four-foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.
G.
Open channels.
1.
Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Borough Engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus 25 feet rounded to the next highest five foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five feet. Excess velocity, if any, as determined by the Borough Engineer, in open channels must be controlled by sod, rip-rap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or riprapped.
2.
Generally, unlined open channel cross-sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 8:1 for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than 2:1.
3.
The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable course grass sod.
4.
All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.
5.
All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, rip-rap, lining, 1/3 pipe sections or other arrangements approved as part of the final plat submission.
H.
Minimum basis for calculations.
1.
Design storm frequency:
a.
For closed conduits, five years; or if the above results in a conduit size at least equivalent to a twenty-one inch reinforced concrete pipe, then 10 years; or if the above results in a conduit size at least equivalent to a thirty inch reinforced concrete pipe, then 25 years, or if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced concrete pipe, then 50 years.
b.
For open channels, 10 years; or if the tributary area exceeds 50 acres, then 25 years; or if the tributary area exceeds 250 acres, then 50 years. The flooding limits for storms with a return period of twice the design storm shall be determined for, all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.
c.
For detention facilities, a twenty-four-hour flood with a return period not less than 50 years or, if the tributary area exceeds 50 acres, then 100 years.
d.
For retention facilities, double the capacity obtained by applying the requirements for detention facilities.
e.
For gutter flow calculations, 10 years for local, local collector and minor collector streets, 25 years for major collectors and minor arterials and 50 years for principal arterials.
2.
Runoff calculations. Runoff determinations should be made using the rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:
Classification Fully Developed | Range of Coefficient | |
|---|---|---|
Public parks, open space and land conservation | 0.15 - 0.30 | |
Low density residential | 0.30 - 0.45 | |
Medium density residential | 0.40 - 0.60 | |
High density residential | 0.55 - 0.70 | |
Commercial and industrial | 0.60 - 0.90 | |
Pavements, roadways, shoulders | 1.00 |
3.
Velocity restriction:
a.
In general, velocities in closed conduits at design flow should be at least two feet per second, but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 1/2 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the Planning Board at the time of drainage review.
b.
At transitions between closed conduits and open channels or different types of open channels suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.
4.
Design formulas and friction factors. In general, the Manning formula will be used by the Planning Board to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of 0.012 will be used for nonporous concrete pipe; a factor of 0.020 will be used for fully coated corrugated metal pipe with paved invert. Commensurate factors will be used for other pipe type or shapes. A friction factor (n) not less than 0.012 will be used for fully lined concrete channels; a factor not less than 0.025 will be used for good earth channels and a factor not less than 0.100 will be used for fair to poor natural streams and water courses. Commensurate factors will be used for other channel types.
5.
All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile must have the approval of the New Jersey Division of Water Policy and Supply.
6.
All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The State may retain jurisdiction in which case a permit will be necessary as set forth above or may refer the matter to the County Engineer for review.
7.
All non-pipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
8.
Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally and either the total depth of the channel exceeds four feet, or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Planning Board at approximately two-hundred-foot intervals.
9.
Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto, but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.
10.
The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.
11.
Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least one-hundred-year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading and drainage, shall anticipate such major storm and be so arranged so as to prevent damage to existing or proposed structures or adjacent properties under such conditions.
I.
Special drainage provisions.
1.
The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
2.
Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:
a.
The utilization of the natural drainage system to the fullest extent possible.
b.
The maintenance of the natural drainage system as much as possible in its unimproved state.
c.
When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.
d.
The construction of flow retarding devices, detention areas and recharge berms to minimize runoff value increases.
e.
Maintenance of the base flow in streams, reservoirs and ponds.
f.
The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.
3.
All developments or portions or total schemes of development which, based upon the preliminary plat submission, total 15 or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than 115% of the runoff from the site in its undeveloped state. The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff limiting devices inadvisable or impractical.
30-8.30 Street design.
A.
Street extensions. The arrangement of streets within a development shall provide for the extension and/or realignment of existing streets except that local and local collector streets should only be extended when such extension is necessary and the Planning Board concurs that such extension will promote safety and conform to the street standards contained elsewhere in this chapter.
B.
Street widening. Where developments abut existing roadways, sufficient right-of-way shall be reserved to provide the right-of-way width proposed for the functional classification of the street in question.
C.
Design of local streets. Local streets shall be designed in accordance with the schedule of street design standards and the following requirements:
1.
Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.
2.
Culs-de-sac (dead end streets) should have a center line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac of not less than 100 feet for longer than 1,200 feet, and should not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of not less than 40 feet and a property line radius of not less than 50 feet, which shall have its center point at or to the left of the center line of the street, when viewed toward the closed end. In the event it is contemplated that a dead end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required.
3.
Loop streets should provide access to not more than 45 lots, except that where access is provided by a combination of a short loop street and culs-de-sac, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same street.
4.
P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop and providing access to a street which is not a part of the P-loop. The loop of a P-loop should have a street length not exceeding 3,000 feet. P-loops should provide access to no more than 60 lots and the entrance street should be designed in accordance with the design standards for collector streets.
5.
Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modification shall include, but not be limited to, widening the right-of-way of a continuous street through the use of semicircular projections.
6.
Reduced paving width. When a cul-de-sac or loop street provides access to 25 or fewer lots, the Planning Board may consider the use of reduced paving width where, by reason of topography, physical features or other conditions the reduced paving width would substantially reduce disruption of the development's environment. In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than 26 feet. The Planning Board may consider the use of one-way loop streets with a minimum paving width of 22 feet. Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation. Such review and approval must be obtained by the developer before approval of a final play will be granted.
D.
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 decisions, 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 classification and criteria:
1.
Local street. A local street is a street serving only single-family residences and where feasible should be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The traffic normally expected on a local street shall be 400 vehicles per day.
2.
(Reserved)
3.
Collector streets. A collector street is generally a street gathering traffic from local streets and feeding it into a system of arterial highways. Even if laid out as a local street, a street should be considered a collector street if it provides access or could provide access to more than 150 lots, or would be utilized by traffic other than residential in nature. Collector streets should generally be expected to carry traffic volumes of approximately 3,000 vehicles per day. The design speed of collector streets, for alignment and sight distance purposes, should be 50 miles per hour.
4.
Arterial highways. Arterials are any Federal, State or County highway or municipal street or road intended to carry traffic between other arterials and from the Borough to destinations outside the Borough. Arterial highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.
5.
Classification criteria. Street classifications will be approved by the Planning Board in accordance with the foregoing definitions, in accordance with the provisions of the Master Plan and Official Map if such be adopted, in accordance with the provisions of applicable County and State regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.
E.
Lots abutting collector streets and arterial highways. In any subdivision abutting or being traversed by a collector street or arterial highway, one of the following conditions shall be required by the Board:
1.
A marginal street meeting the classifications herein for a local street shall be provided along each collector, or arterial highway, and shall be separated from the collector or arterial highway by a landscaped strip at least 25 feet in width.
2.
The frontage of all lots abutting the collector or arterial highway shall be reversed so that the lots will front on an internal local street; a natural wooded or landscaped buffer strip at least 50 feet in width will be provided on the abutting lots along the right-of-way of the collector or arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.
3.
All lots abutting collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.
4.
Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the Planning Board.
5.
Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.
F.
Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter, but shall not be less than those set forth in the Schedule of Street Design Standards (Figure No. 9).
G.
Street intersections. Street intersections shall be designed according to the following standards:
1.
No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70 degrees (measured at the center line of streets) shall not be permitted.
2.
Streets should not enter the same side of local collector streets at intervals of less than 500 feet, or arterials at intervals of less than 1,200 feet. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector; or 500 feet along the center line of an arterial.
3.
Approaches of any collector or arterials street to any intersection of another collector or arterial street shall be tangent or have a center line radius greater than 5,000 feet for at least 500 feet from the intersection.
4.
Where a collector or arterial street intersects with a collector or arterial street, the right-of-way of each collector shall be widened by 10 feet (five feet for each side) for a distance of 300 feet in all directions from the intersection of the center lines and the right-of-way of each arterial shall be widened by 20 feet (10 feet each side) for 500 feet in all directions from the intersection of the center lines.
5.
Approaches of any local street to any other street shall:
H.
Street layout.
1.
Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed 1,000 feet.
2.
The Planning Board in all cases may require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.
3.
Residential development areas containing more than 150 lots should have two access points from collector streets or arterial highways.
I.
Street names. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or development in the Borough or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.
FIGURE 9 SCHEDULE OF STREET DESIGN STANDARDS | |||||
|---|---|---|---|---|---|
Classification | |||||
Local | Collector Streets | Arterial Highways | |||
Normal Traffic | |||||
Capacity (ADT) | 400 | 3,000 | 10,000 | ||
Minimum Right-of-way Width | 50 Ft. | 60 Ft. | 100 Ft. | ||
Minimum Paving Width: | |||||
Two Way | 30 Ft. | 40 Ft. | 60 Ft. | ||
One Way | 22 Ft. | — | — | ||
Shoulder (or Parking Area Width)(1) | — | — | 2 @ 8 Ft. | ||
Sidewalks: | |||||
Width | 4 Ft. | 4 Ft. | 4 Ft. | ||
Setback (from face of curb) | 3 Ft. | 3 Ft. | 7 Ft. | ||
Design Speed (MPH)(3) | 40 | 50 | 60 | ||
Minimum Radius of Horizontal Curvature at Center Line | 150 Ft. | 500 Ft. | 2,000 Ft. | ||
Minimum Tangent Between Reverse Curbs | 100 Ft. | 200 Ft. | 600 Ft.(4) | ||
Maximum Longitudinal Grade | 8% | 8% | 4% | ||
Minimum Longitudinal Grade | |||||
Desirable | 0.75% | 0.75% | 0.75% | ||
Absolute | 0.40% | 0.40% | 0.40% | ||
Maximum Longitudinal | |||||
Grade for 200' from each side of an intersection | 3.5% | 3.00% | — | ||
Minimum Curb Return | |||||
Radius at Intersection(2) | 15 Ft. | 25 Ft. | 45 Ft. | ||
Vertical Curve(5) | |||||
Crest: Minimum Length equals 100'-Based on stopping sight distance at design speed | |||||
Sag: Minimum Length equals 100'-Based on headlight illumination & stopping sight distance at design speed | |||||
Maximum Superelevation | |||||
Not Required | — | — | 6% | ||
Pavement Cross-Slope Minimum | 3.00%(7) | 3.33%(8) | 1.50%(8) | ||
Curb Face Required(6) | 6" | 8" | |||
Minimum Property Line | |||||
Corner Radius(2) | 5' | 15' | 30' | ||
NOTE: Footnotes are on the following page. |
NOTES: | ||
(1) | Shoulders or parking areas may be as required. | |
(2) | When dissimilar streets intersect the larger radius will be used. | |
(3) | For sight distance and vertical curve calculation only. | |
(4) | Or as required to run out superelevation (1% per sec. of travel at design speed). | |
(5) | Not required if algebraic difference of intersecting grades does not exceed 1. | |
(6) | Except in superelevation areas. | |
(7) | Six inches crown. | |
(8) | Eight inches crown. | |
J.
Limit of improvements. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the 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 Board of Commissioners to be credited toward the completion of such improvements at such time as the adjacent land develops.
K.
Streets serving other than single-family detached homes. The right-of-way width and other standards for internal roads and alleys in multi-family, commercial and industrial developments shall be determined by the Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs, and maximum access for firefighting equipment and shall generally conform to the requirements herein.
L.
Reserve strips. There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the Governing Body under conditions approved by the Planning Board.
30-8.31 Street lighting.
Street lights shall be of a type approved by resolution of the Board of Commissioners and by the electric utility company serving the proposed development, and located so as to provide a minimum lighting level of five tenths horizontal foot candle on all local and collector streets and one horizontal foot candle on all arterial streets. The developer shall pay the full cost of installation of any street lights. Upon notification in writing by the developer to the approving authority and the Board of Commissioners that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38, the Borough shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the Borough with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality. [8/9/1994]
30-8.32 Street signs.
Street signs shall be of a type and size approved by resolution of the Board of Commissioners and shall be properly installed at each street intersection. Street signs shall be placed, two per intersection, on the near right hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection. Mountings shall be in accordance with the standard procedures of the Borough or with requirements adopted by the Board of Commissioners. Street signs shall be placed before any Certificate of Occupancy for houses on the subject street are issued.
30-8.33 Traffic control devices.
The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Board of Commissioners, may pay to the Borough Treasurer a non-refundable sum, in cash or certified check, in the amount set by the Borough Engineer equal to the cost of all necessary traffic control devices not installed by the developer. Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors and channeling markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, County and State regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Borough Engineer and approved by the Board of Commissioners.
30-8.34 Utility installations.
All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric, gas and water distribution, communications, street lighting, and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utilities supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multi-family developments, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided. [5/13/1980]
30-8.35 Water supply.
The design and construction approval of all public and individual water supply system (or extensions of existing systems) shall be under the jurisdiction of the owner of the utility or the Borough Board of Health (and the State of New Jersey), respectively. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate agency and filed with the Planning Board, or the final approval will be conditioned upon full approval from the appropriate agency.
30-8.36 Electric Vehicle Supply/Service and Parking Spaces.
[Added 4-19-2022 by Ord. No. O-04-22]
A. CERTIFICATE OF OCCUPANCY CHARGING LEVEL1. 2. 3. ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (or EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act, and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
Level 2 operates on a 40 to 100 amp breaker on 208 or 240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger-ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
B.
Approvals and permits.
1.
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structures in all zoning or use districts and shall not require a variance pursuant to N.J.S.A..40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
4.
The Zoning Officer and Construction Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of The Borough of Monmouth Beach's land use regulations.
5.
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
a.
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building; and
b.
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
c.
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
6.
An application pursuant to Subsection B5 above shall be deemed complete if:
a.
The application, including the permit fee and all necessary documentation, is determined to be complete;
b.
A notice of incompleteness is not provided within 20 days after the filing of the application; or
c.
A one-time written correction notice is not issued by the Zoning Officer or Construction Official within 20 days of filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
8.
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
C.
Requirements for new installation of EVSE and make-ready parking spaces.
1.
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
a.
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
b.
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
c.
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
2.
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
3.
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
4.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection C1 above shall:
a.
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
b.
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
c.
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
d.
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
e.
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
f.
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
g.
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
D.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, as provided in this chapter.
2.
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
E.
Standards for all new EVSE and make-ready parking spaces.
1.
Nothing in of this section shall be deemed to require site plan review by a municipal agency solely for the installation of EVSE or make-ready parking spaces.
2.
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines, and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
3.
Installation:
a.
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
b.
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
c.
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, 5:23, and other applicable accessibility standards.
d.
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
e.
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
f.
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
g.
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection E5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
h.
Private parking. The use of EVSE shall be monitored by the property owner or designee.
4.
Safety.
a.
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green-painted pavement and/or curb markings, a green-painted charging pictograph symbol, and appropriate signage pursuant to Subsection B5 below.
b.
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Monmouth Beach's ordinances and regulations.
c.
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is a set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
d.
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection E4e below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
e.
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords disconnecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
f.
Where EVSE is provided with a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
g.
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour, on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, The Borough of Monmouth Beach shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
5.
Signs.
a.
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
b.
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
c.
Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit, and shall comply with Subsection E5b above.
d.
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
6.
Usage fees.
a.
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be as set by resolution of the governing body.
b.
This fee may be amended by a resolution adopted by the governing body.
c.
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.