A. 
All construction shall be performed in accordance with the details and specifications of the municipality as described herein.
B. 
The developer shall employ a New Jersey licensed professional engineer and/or architect to prepare all plans and specifications and a licensed land surveyor of New Jersey to make land surveys.
C. 
Construction shall be performed under the regulations defined elsewhere herein and shall be approved by the Municipal Engineer for all improvements to a site but not including any part of a building.
D. 
Minor modifications or changes in the approved plans and specifications may be effected upon approval, in writing, by the Building Inspector, or, if determined to be in need of more professional advice, he shall seek the approval of the Municipal Engineer or other professional employees.
[Added 5-3-2001 by Ord. No. 01-25]
The municipality hereby approves and adopts the uniform construction standards and guidelines as shown on the Standard Construction detail, Sheets 1 to 3, prepared by EKA Associates, dated December 5, 2000, a copy of which has been and is now filed in the office of the Borough Clerk, and the same is hereby adopted by reference and declared to be a part of this chapter and article. Wherever applicable, all construction shall be performed in accordance with the details and specifications set out in the standard construction details adopted herein.
A. 
Block length, width and acreage shall be sufficient to accommodate the size lot required in that zoning district and to provide for convenient access, circulation control and traffic safety.
B. 
Blocks of 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority and shall be at least eight feet wide and be straight from street to street. Blocks over 1,000 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.
A. 
Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a nonresidential use from either existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area, except as provided herein. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, type of buffer such as dense planting, existing woods, a wall or fence, buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.
[Amended 2-19-1998 by Ord. No. 98-4]
B. 
A minimum of 1/2 of the periphery that requires a buffer shall have a buffer at least 10 feet wide, which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view. In addition, the periphery that requires a buffer shall consist of at least the following: fencing or walls in a landscaped area not less than 10 feet wide or a landscaped area with at least five feet of high growth. A building with a setback of at least 200 feet with a grade of less than 20% shall have groups of plantings and trees located within this setback area to enhance some architectural feature(s) of the structure as well as offer a break to large open areas, but with no other use permitted in this yard area. A parking area setback of at least 100 feet shall be landscaped as required under the off-street parking provisions of this chapter. If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the site plan to be modified to show the extension of the ten-foot buffer area outlined above, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.
C. 
All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting, live trees, shrubs or other plant material meeting the following requirements:
(1) 
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
(2) 
Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(3) 
The screen planting shall be so placed that, at maturity, it will not be closer than three feet to any street or property line.
(4) 
Trees shall be at least eight feet in height and 1 1/2 inches in caliper when planted and shall be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and diseases.
(5) 
Any plant material which does not live shall be replaced within one year or one growing season.
(6) 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.
Any principal or accessory building located on a corner lot shall have a minimum setback for one street line equal to the required front yard, with the second front yard provided in accordance with the prevailing yard pattern in the block. The remaining two yards shall be considered side yards for the purpose of the chapter.
Concrete curbs shall be installed along every street within a site and at intersections with local roads, county roads and state highways. Curbing shall not be required on existing or new interior streets of any existing industrial tracts in HI-A and HI-B Zones. The standard curb section to be used shall be not more than 10 feet in length and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be nine inches by six inches by 20 inches (eight-inch exposed face), using Class B concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch and shall be air entrained. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs.
[Amended 9-21-2006 by Ord. No. 06-49]
All streets shall be provided with stormwater inlets and pipes where the same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water which originates beyond the developments boundaries and passes through the development, calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. In addition, all applicable developments shall conform to the stormwater requirements outlined in Article XIVA. All drainage design and computation factors shall be submitted to the Municipal Engineer for review and approval.
A. 
The duration of a storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.
B. 
The pipe size determined to be adequate for the runoff computed shall be increased by a safety factor of at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. No pipe shall be less than 15 inches in diameter.
C. 
Inlets shall be located at intersections, where possible, and located in streets with inlets on both sides of the street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding 5.0 cubic feet per second at the inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions where there are no inlets.
D. 
Dished gutters on local streets shall be permitted only at intersections involving local streets. Dished gutters shall not be permitted on arterial or collector streets.
E. 
Storm drainpipes running longitudinally along streets shall not be located under curbing.
F. 
Storm drainpipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Reinforced concrete pipe shall conform to ASTM Specifications C76-61, Class IV. Joints shall be made with O-ring rubber gaskets.
G. 
For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots.
H. 
Land subject to periodic or occasional flooding as identified by the Flood Hazard Boundary Map produced by the United States Department of Housing and Urban Development shall not be designed for residential occupancy nor for any other purposes which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards or other similar uses in accordance with floodplain regulations.[1]
[1]
Editor's Note: See Ch. 132, Flood Damage Prevention.
I. 
Where a minor or major development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality, conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality and, in addition thereto, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan or as required under § 160-81, Easements.
J. 
Easements or rights-of-way shall be required in accordance with § 160-81, Easements, where storm drains are installed outside streets.
A. 
Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet for one utility and five additional feet for each additional utility and be located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
B. 
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "________________ easement granted to the Borough of Carteret as provided for in the Development Ordinance of the Borough of Carteret."
[Added 10-5-1989 by Ord. No. 89-49; amended 2-19-1998 by Ord. No. 98-4; 6-3-1999 by Ord. No. 99-17; 4-4-2002 by Ord. No. 02-8]
A. 
Purpose. The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property.
B. 
Intersections. At the intersection of two or more streets, no wall, fence, hedge or other structure shall be erected to a height in excess of four feet above curb level, nor shall any other obstruction to vision be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along said street line. Trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted.
C. 
Location. All fences must be erected within the property lines, and no fence shall be erected so as to encroach within six inches of the public right-of-way or any public sidewalk and/or equivalent pathway necessary for the movement of pedestrian traffic adjacent to any street or roadway. Ensuring that the location of any fence lies within the respective property line shall be the responsibility of the property owner and the individual(s) or entity installing the fence, if other than the property owner.
D. 
Height. On any lot in any residential zone, no wall, fence or hedge shall be erected or altered so that said wall or fence shall be over four feet in height in the front yard or over six feet in height in the side or rear yards, except that tennis court fences may have a maximum of 12 feet. Tennis court and front yard fences shall be limited to open mesh or other open material as approved by the Construction Official. All fences in commercial zones shall not exceed six feet in height. All fences in industrial zones shall not exceed eight feet in height. On corner lots in residential zones, a six-foot fence may only be installed along the secondary roadway frontage where the sight triangle for vehicular and pedestrian traffic is not obstructed and only with the approval of the Municipal Director of Engineering.
[Amended 12-27-2016 by Ord. No. 16-25]
E. 
All fences shall be erected with the face or finished side away from the property and the structural side toward the interior of the property. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property. Fences with more than 50% solid material shall not be permitted in the front yards in residential zones.
F. 
Dangerous fence material. No fence shall be erected of barbed wire, or electrified, or topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals.
(1) 
Canvas fences, cloth fences, poultry netting, temporary fences (including but not limited to snow fences), expandable fences and collapsible fences, except during construction on such property, shall be prohibited.
(2) 
No fence shall be erected of nonstandard materials that may be considered makeshift, create an eyesore or cause an annoyance.
(3) 
No fence shall be fabricated, constructed or built of any material other than wood, wire (No. II gauge or heavier), brick, stone, vinyl, masonry or aluminum.
(4) 
Barbed wire shall not be permitted on any fence located within a residential zone. In commercial and industrial zones only, not more than four strands of barbed wire may be added to the top of a fence, which fence must be a minimum of six feet in height, excluding any strands of barbed wire.
G. 
Type. Solid architectural fences shall be required along all lot lines, except the street line, for all nonresidential lots where said property lines abut residential zoning district lines. Such architectural fences may be made of any material which is aesthetically pleasing and prevents the dissemination of odors, noise, debris and sight across the residential zoning boundary. Fences used for this purpose shall be not less than six feet in height. Nothing in this section prevents the use of plant materials along any lot line in addition to the fence requirement, but plant materials cannot be substituted for the fence. Open chain link and chain link with plastic or aluminum slats shall not be considered to be an architecturally solid fence. The Planning Board or Zoning Board of Adjustment shall have the authority to waive this requirement if a buffer area is landscaped to its requirements.
H. 
Restrictions of drainage prohibited. A wall or fence which restricts the natural flow of drainage or causes stagnant water conditions shall not be permitted. Said wall or fence shall be ordered removed or corrected by the owner upon direction from the Construction Official.
I. 
Swimming pools. There shall be a fence, not less than four feet high, completely enclosing any below ground swimming pool and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be self-enclosing and self-latching. When not in use, the gate must be capable of being locked.
J. 
Permit required. It shall be unlawful for any person to erect, repair, replace or alter any fence six feet or less without first obtaining a zoning permit. Fences over six feet will require both a zoning and building permit.
Provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Municipal Fire Department or Municipal Engineer and in accordance with fire insurance rating organization standards. The maximum linear distance between fire hydrants on or in the vicinity of the subject site shall be 500 feet. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with fire insurance rating organization standards.
All lots where fill material is deposited shall have clean fill and/or topsoil deposited, which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties, or which would violate the provisions of the soil erosion and sediment control, soil removal and redistribution and floodplain provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
[Added 9-2-1999 by Ord. No. 99-24]
A. 
Title, introduction, purpose and applicability.
(1) 
Title. This section shall be known as the "Borough of Carteret, County of Middlesex Fill Placement Regulations."
(2) 
Introduction. The unregulated and uncontrolled movement, delivery and placement of fill by the owners or developers of property within the Borough is likely to result and has resulted in conditions detrimental to the public health, safety and general welfare of the citizens of the Borough. The unregulated and uncontrolled movement, delivery and placement of fill to or on lands within the boundaries of the Borough will create one or more of the following conditions: serious erosion by wind and water; inadequate and improper or complete lack of surface water drainage; a decrease in or destruction of the fertility of the soil; the creation of excessive amounts of dust and the deposit of such dust and siltation on adjoining property; the deposit on the streets of the Borough of large quantities of mud, dirt or dust; the deterioration of adjoining property values; the rendering of lands unfit or unsuitable for their most appropriate uses; and other conditions hampering and interfering with the coordinated and harmonious physical development of the Borough.
(3) 
Purpose.
(a) 
When peculiar topographic conditions exist on a property which substantially constrains its development for the purpose for which it is zoned or the purpose for which it is intended to be developed, the placement of fill, when properly regulated, shall be permitted only when it is determined that such activity is essential to the development of the property in accordance with its zoned or proposed use and purpose.
(b) 
The above criteria, as can be demonstrated during an application for subdivision or site plan approval, shall be the only basis for granting a fill placement approval.
(c) 
All fill placement projects that involve land disturbance should be planned and designed in order to address the criteria set forth in Chapter 160.
(4) 
Applicability. This section intends to prohibit fill placement except in those instances where same is required to develop and use lands in accordance with Chapter 160, Land Development.
(a) 
No fill placement will be permitted in the Borough unless the placement of fill shall be necessary for and done in conjunction with the development of the site and an application to permit such placement has been first approved by such land development review board as shall have appropriate jurisdiction with respect to the related development application.
(b) 
No fill placement application will be reviewed until a complete development application for site plan or subdivision is submitted with the request for fill placement.
(c) 
Exceptions.
[1] 
The placement of fill associated with the construction of an individual single- or two-family dwelling or appurtenances thereto, including but not limited to private sewage disposal systems, driveways and landscaping, shall be exempt from the provisions of this section.
[2] 
Exceptions shall be made from the requirements of this section for existing marinas located within the boundaries of the Borough that are required to desilt channels and boat slips on their property in the course of and furtherance of their marina operations. In addition, the desilting of streams/drainageways for maintenance purposes shall also be exempt. This exception shall be subject to the verification of the following information by the Borough Zoning Officer:
[a] 
All dredged material shall qualify as "native fill material" as defined herein.
[b] 
All applicable permits from the appropriate state and federal agencies have been received and filed, as required, with a copy to be provided to the Borough Clerk. Permits must be valid and in effect as of the time of any dredging activities.
[3] 
Exceptions shall be made for site maintenance and landscaping and for site plan and subdivision applications resulting in less than 500 cubic yards of fill being placed on a site provided that specific grades are consistent with board approvals.
[4] 
Movement, cut, fill, excavation and placement of native fill materials within the same site pursuant to an approved subdivision or site plan approval shall not require a fill placement permit.
[5] 
The plowing, spading, cultivating or harrowing of soil or any operation usually associated with the tilling of soil for agricultural or horticultural purposes and any operations for the purpose defined or prescribed by the Soil Conservation Service of the Department of Agriculture shall be exempt from the provisions and requirements of this section.
(d) 
This section shall apply to all existing (conforming and nonconforming) fill placement operations.
(e) 
All existing fill placement approvals, upon expiration, shall require application for site plan and/or subdivision approval.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPLICANT
An individual, partnership or corporate entity who applies for approval of a fill placement permit.
CLASS II-A AQUIFER
Any aquifer designated as such pursuant to N.J.A.C. 7:9-6. These aquifers represent ground waters with a designated use of potable water and conversion to potable water.
CONTAMINANT
Any hazardous substance, hazardous constituent, hazardous waste or pollutant.
CONTAMINATED SITE
Any property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels of concentration as to require remedial action pursuant to any federal or state statutes or regulations.
CONTRACTOR
Any person engaged in the moving, delivery or placement of fill from, in or upon any land in the Borough. The contractor may be an independent contractor or firm engaged by the applicant; however, he shall be governed by all terms and conditions of the approval and all standards and requirements of this section.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DREDGE or DREDGING shall consist of the following:
(1) 
DREDGING, MAINTENANCEThe removal of accumulated sediment from authorized and currently maintained navigation channels, marinas or boat mooring areas for the purpose of maintaining an authorized water depth and width.
(2) 
DREDGING, NEWThe removal of sediment from the bottom of a water body that has not been previously dredged or excavated for the purpose of increasing water depth or the widening or deepening of navigable channels to a newly authorized depth or width.
DREDGED MATERIAL
Material removed by the action of dredging.
EFFLUENT
A discharge of pollutants into the environment, whether untreated, partially treated or completely treated.
FILL or FILL MATERIAL
Sand, gravel, earth, soil, dredged material or other materials of any composition whatsoever, the placement of which upon a site results in a change to the topography of a site.
(1) 
NATIVE FILL MATERIALFill material as defined herein whose point of origin is from a site located within the boundaries of the Borough of Carteret as depicted on the current Borough Tax Maps.
(2) 
REMOTE FILL MATERIALFill material as defined herein whose point of origin is from a site located outside the boundaries of the Borough of Carteret as depicted on the current Borough Tax Maps.
HAZARDOUS DISCHARGE SITE
Any location at which hazardous substances have been or are suspected to have been discharged and shall include any area to which the hazardous substance contamination has migrated or may migrate.
HAZARDOUS SUBSTANCE
Any hazardous substance as defined pursuant to Section 3 of P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b), hazardous waste as defined pursuant to Section 1 of P.L. 1976, c. 99 (N.J.S.A. 13:1E-38) or pollutant as defined pursuant to Section 3 of P.L. 1977, c. 74 (N.J.S.A. 58:10A-3).
MOVE
To dig, excavate, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour of any site, or to transport and to supply fill material or soil from one parcel or premise to another. On-site or on-premises excavating, depositing, placing, filling, grading and regrading does not require a fill placement approval.
OWNER
Any person seized in fee simple of any land or having such other interest or estate as will permit the exercise of effective possession, dominion or control of such land.
PERMITTABLE EFFLUENT CONTAMINANT LEVELS
Dissolved priority pollutant +40 contaminant levels within the effluent which are below the Groundwater Quality Criteria for Class II-A Groundwater as set forth at N.J.A.C. 7:9-6.
PERMITTABLE SOIL/SEDIMENT CONTAMINANT LEVELS
Priority pollutant +40 contaminant levels which are below the most stringent Soil Cleanup Criteria, as set forth by the NJDEP.
PREMISES
The property which is the subject of a development application.
PRIORITY POLLUTANT PLUS 40 or PP+40
The priority pollutant list of 126 compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 nontargeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purpose of this chapter, a PP+40 scan means the analysis of a sample for all priority pollutants except those as analyzed using GC/MS analytical methods. Nontargeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date on which the laboratory is performing the analysis.
REMEDIAL ACTION
Those actions taken at a hazardous discharge site including the removal, treatment, containment, transportation, securing or other engineering or treatment measures, including related operations and maintenance activities, whether of a permanent nature or otherwise, designed to ensure that any discharge at the hazardous discharge site is remediated in compliance with the applicable remediation standards and the sealing or closure of wells and groundwater supplies contaminated by a discharge.
REMEDIATION
All necessary actions to investigate and cleanup any known, suspected or threatened discharge of hazardous substances, including, as necessary, identifying areas of concern and determining the presence of hazardous substances, the collection and evaluation of data adequate to determine whether or not discharged hazardous substances exist, determining the nature and extent of any discharged hazardous substance and any problems presented by a discharge and the performance of a remedial action.
UNPERMITTABLE MATERIALS
Any soil, sediment, dredge or other materials containing a contaminant above permittable soil/sediment contaminant levels and/or effluent containing a contaminant above the permittable effluent contaminant levels.
WATER SUPPLY FACILITIES
The plants, structures, public or private wells, interconnections between existing water supply systems, machinery, equipment and other property, real, personal and mixed, constructed or operated, or to be constructed or operated, for the purposes of augmenting the natural water resources of the state and making available a supply of water for all uses, and any and all appurtenances necessary, useful or convenient for making available, collecting, impounding, storing, improving, treating and filtering or transmitting water.
C. 
Permission for placement of fill.
(1) 
Application hearing. No owner, applicant, developer, contractor, subdivider or other person shall move, deliver, place fill or otherwise disturb, cause, allow or permit fill to be moved to any property in the Borough for use other than on the property from which it is being taken until, after application to and a public hearing by the appropriate board, the board shall determine that the placement of fill in the amount applied for is essential to the development of the premises upon which the fill is to be placed for a use that is permitted or as may be specifically approved.
(2) 
Application procedure.
(a) 
An owner or applicant, who claims that it cannot develop its property without the placement of fill in excess of that available on-site, shall make application to the appropriate board for a fill placement permit, together with an application for site plan or subdivision approval. The applicant shall submit a map or plat with the application as provided for in the Land Use and Subdivision and Site Plan Ordinances and shall delineate the place or places on which the fill is to be placed. The application shall also specify the number of cubic yards of fill to be delivered; the length of time necessary to do so; and a statement indicating why it is essential to the development of the premises to place that amount of fill. The Board shall schedule and conduct a public hearing on the full application for development in accordance with applicable provisions of the Municipal Land Use Law, as revised to date.[1] Following the public hearing, it shall make findings and conclusions, based on the evidence submitted to it, as to whether the placement of fill as applied for is essential to the development of the premises for a permitted use, taking into account the grades of abutting streets and lands, adjacent land values and uses, drainage, and all other factors as listed in Subsection G as may bear upon or relate to the coordinated and harmonious physical development of the Borough.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b) 
The conclusions and findings of the appropriate Board shall be incorporated in its resolution of approval or rejection of the application.
(3) 
Application filing procedure. The applicant shall file the required number of applications, plans and required other materials in the time frame as stipulated in the Land Use and Land Subdivision and Site Plan articles of the Borough ordinance regarding land development. In addition to the data required for the subject site plan or subdivision, the following information shall be provided:
(a) 
The identity and address of the applicant and owner of the land.
(b) 
The name of the individual who represents the applicant and who will be responsible for conformance with permit and ordinance requirements. The proper mailing address for the individual and a telephone number or numbers where the individual may be reached.
(c) 
The name, address and telephone number of the contractor who will be doing the actual work on the premises.
(d) 
A description of the land and premises in question.
(e) 
An estimate, in cubic yards, of the quantity of fill to be brought onto the site.
(f) 
The proposed dates of commencement and completion of the work.
(g) 
An estimate of the type and number of machines and other equipment to be used in the operation; the daily starting and finishing time during which the machines are to be operated; and the means of protection to be provided to prevent unauthorized access.
(h) 
The point of origin of all fill material proposed to be utilized on the project.
(i) 
Receipt of origination for all fill material.
(4) 
Map of the area for fill placement. With the application, there shall be filed the required number, per ordinance, of topographic maps of the site upon which the proposed fill placement operations are to be conducted and an engineering plan showing surrounding lands within 200 feet of the perimeter of site which is the subject matter of the application prepared and certified by a licensed professional civil engineer or land surveyor of the State of New Jersey, on the scale of not less than one inch equals 100 feet, and as referred to in the United States Coast and Geodetic Survey Data showing:
(a) 
The dimensions of the site and the lot and block number of each lot which is included in the site and each lot surrounding the site within 200 feet as shown on the most current Tax Map of the Borough.
(b) 
The present grade on a fifty-foot grid layout with contour lines at two-foot levels up to and including five acres; or for more than five acres, one-hundred-foot grids with contour lines at five-foot levels. If topographic maps are obtained by aerial topography, the required grid layout may be superimposed on same. Where access to adjoining lands is not permitted, the contour lines of the perimeter lands shall be taken from the available State of New Jersey or United States Coast and Geodetic Survey Map of the particular area.
(c) 
The existing elevations of all buildings, structures, streets, streams, bodies of water and watercourses, natural or artificial.
(d) 
All existing surface and subsurface water drainage conditions and provisions therefor, both on site and off site.
(e) 
All wooded areas.
(f) 
The proposed grades at points in Subsection C(4)(b) when the work has been completed with the requirements as contained therein.
(g) 
The quantity, in cubic yards, of the amount of fill which is to be brought to the site.
(h) 
The grades of all abutting streets and lands within 200 feet of the premises.
(i) 
Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.
(j) 
The proposed detail of surface water drainage and of any streams, bodies of water and water courses, natural or artificial.
(k) 
Location and description of one bench mark elevation for each 20 acres.
(l) 
Boundary survey map prepared by a New Jersey licensed land surveyor showing location of all property corners with concrete monuments set at each point.
(m) 
A sediment and erosion control plan for the fill placement operation which must conform with the standards of this chapter in Subsection N.
(5) 
Additional information. The applicant shall furnish any other pertinent data the board may require after it has examined the proposed project, including means and methods for site restoration.
D. 
Fees.
(1) 
Fees for application.
(a) 
At the time of application to the board, a fee for application review shall be paid to the Borough in accordance with the following schedule. This fee shall be in addition to the site plan and subdivision review fee:
[1] 
Zero to 10,000 cubic yards or part thereof; or fees commensurate with actual costs to the Borough: $500.
[2] 
Ten thousand one to 50,000 cubic yards: $1,000.
[3] 
Fifty thousand one to 300,000 cubic yards: $2,000.
[4] 
Three hundred thousand one to 1,000,000 cubic yards: $3,000
[5] 
One million one or more cubic yards: $4,000.
(b) 
Application fees have been determined to represent those reasonable costs incurred by the Borough for administrative services in processing a fill placement application.
(c) 
Fees are nonrefundable if application for permit is denied.
(2) 
Fees for fill placement.
(a) 
If the board approves an application for the placement of fill, a fee for placement shall be paid to the Borough prior to the commencement of any site activity in accordance with the following schedule:
[1] 
Zero to 10,000 cubic yards or part thereof; or fees commensurate with actual costs to the Borough: $300.
[2] 
Ten thousand one to 50,000 cubic yards: $500.
[3] 
Fifty thousand one to 300,000 cubic yards: $1,000.
[4] 
Three hundred thousand one to 1,000,000 cubic yards: $2,000.
[5] 
One million one or more cubic yards: $3,000.
(b) 
Fill placement fees represent reasonable costs related to application for administrative, police and code enforcement work.
(3) 
Fees for inspection.
(a) 
There shall be a fee to cover the cost of inspection and enforcement of the provisions of this chapter, commensurate with actual costs to the Borough, but estimated based upon the total number of yards to be placed in accordance with the following schedule:
[1] 
Zero to 10,000 cubic yards or part thereof; or fees commensurate with actual costs to the Borough: $2,000.
[2] 
Ten thousand one to 50,000 cubic yards: $4,000.
[3] 
Fifty thousand one to 300,000 cubic yards: $8,000.
[4] 
Three hundred thousand one to 1,000,000 cubic yards: $12,500.
[5] 
One million one or more cubic yards: $15,000.
(b) 
Inspection fees in accordance with the above schedules shall be posted with the Borough Clerk prior to the commencement of any activity.
(c) 
To ensure conformity to the requirements of this chapter, inspections shall be made by the Borough Engineer or his/her authorized and qualified agent of the land in or upon which fill placement operations are being conducted. The Zoning Officer, with the advice of the Borough Engineer, may, upon written notice to the applicant, issue a stop order for violations of the fill placement provisions of this chapter or the resolution of approval. Work shall not resume until the violations have been corrected and in the event of the discontinuance of the activity which causes erosion and/or siltation problems or other problems detrimental to the environment, the performance bond for the development may be utilized to guarantee the proper performance of the fill placement. In addition, such inspection fees as are to be posted with the Borough may be used, upon recommendation of the Borough Engineer, to engage an independent certified testing laboratory to sample the fill material being placed on the site to ensure it complies with the provisions of this section.
E. 
Performance guaranties.
(1) 
Posting amount. No fill placement permit will be issued until the applicant has posted with the Borough a performance guaranty in a form and with surety that is acceptable to the Borough and in an amount that the Borough Engineer deems to be reasonable using the following as a standard:
(a) 
Fill placement, grading and drainage. $200 per acre minimum to $500 per acre maximum.
(b) 
Topsoil: $1,000 per acre minimum to $3,000 per acre maximum.
(c) 
Seeding. $1,200 per acre minimum to $3,500 per acre maximum.
(d) 
The Engineer shall determine the applicable amount of performance guaranties to be posted, taking into account the nature and extent of the work to be done; the type and character of the soil; the extent and depth of the various fills; the extent to which the area of operations is wooded; the proximity of proposed operations to streets, buildings, structures, natural or artificial streams or watercourses; the general drainage conditions; amount of topsoil required; and such other factors as may bear on the operation. The performance guarantee will be conditioned upon the full and faithful performance by the applicant within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the fill placement approval issued pursuant hereto.
F. 
Reimbursement to Borough. In addition to such fees as may be required in accordance with Subsection D, an applicant shall be obliged to reimburse the Borough for the cost of all extraordinary costs or expenses necessitated as a result of unforeseen difficulties or exigencies or necessitated by or resulting from any violation of any provision of this chapter, including specifically all engineering fees, attorney's fees and costs incurred by the Borough in prosecuting any complaint in the Municipal Court for violation of the provisions of this section or any costs or fees incurred by the Borough in conducting a hearing or hearings for revocation or suspension of any permit or obtaining injunctive or other relief in the Superior Court or any appellate court.
G. 
Conditions for granting approvals.
(1) 
General conditions.
(a) 
During the review of the application, the Board shall take into consideration the public health, safety and general welfare and shall give particular consideration to the following factors:
[1] 
Zoning regulations.
[2] 
Site plan or subdivision plans.
[3] 
Soil erosion and sediment control.
[4] 
Drainage/runoff.
[5] 
Noise.
[6] 
Methods for transporting, depositing or directing fill.
[7] 
Lateral support slopes and grades of abutting streets and lands.
[8] 
Land values and uses.
[9] 
Aesthetics.
[10] 
Provisions for restoration and vegetative cover.
[11] 
Buffering.
[12] 
Grading.
[13] 
Proximity to stream areas.
[14] 
Environmental constraints.
[15] 
Threatened and endangered species.
[16] 
Proximity to residences/businesses.
[17] 
Airborne particulates.
[18] 
Pests, rodents and birds.
[19] 
Odors.
[20] 
Wetlands.
[21] 
Traffic patterns.
[22] 
Other factors that may bear upon or relate to the coordinated and harmonious physical development of the Borough.
(b) 
The placement of fill shall not create conditions inimical to the public health, welfare and safety; shall not result in the creation of soil erosion, environmental, sedimentation or soil fertility problems or depressed land values; nor shall it create any drainage problems or other unsafe conditions. Permission to place fill may be granted only subject to all other provisions of this chapter.
(2) 
Conditions for approval.
(a) 
The Borough Engineer shall review available sampling data, frequency, QA/QC and other such parameters, for compliance with Subsection H. Failure to fully satisfy any and all applicable requirements shall result in rejection of the application.
(b) 
Criteria for determination of permittable materials shall be in accordance with the following:
[1] 
Soil. All targeted contaminant concentrations in all required samples shall be below the applicable NJDEP Soil Cleanup Criteria (last revised February 3, 1994); and the soil must be classified as nonhazardous by the NJDEP.
[2] 
Dredge materials.
[a] 
All targeted contaminant concentrations in all required samples shall be below the applicable NJDEP Soil Cleanup Criteria (last revised February 3, 1994); and the fill must be classified as nonhazardous by the NJDEP; and
[b] 
Analysis of all targeted parameters within the effluent (in accordance with the Management of Dredge Materials document) shall be below the applicable NJDEP Groundwater Quality Standards for Class II-A aquifers.
[3] 
General.
[a] 
For fill materials generated from outside the limits of the Borough, no deviation from the waste classification requirements (as set forth at N.J.A.C. 7:26-8.5) shall be permitted by the local authority.
[b] 
Under no circumstances shall the Borough permit the placement of fill materials from any contaminated site or any site which is undergoing (or has previously undergone) remediation of a hazardous material discharge or has been generated as the result of a remedial action.
[c] 
An environmental impact statement (EIS) shall be required unless justification for a waiver is provided by the applicant and approved by the reviewing Board.
[4] 
Additional applicable regulations.
[a] 
No construction work associated with a fill placement approval will be allowed to proceed until the applicant has satisfied all applicable state and federal requirements.
[b] 
Additional permits/regulatory agencies which may be required to issue approval include but are not limited to the following:
[i] 
Flood Hazard Area Control Act.[2]
[2]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
[ii] 
Freshwater Wetlands Protection Act.[3]
[3]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
[iii] 
Pollution Control Act. [4]
[4]
Editor's Note: See N.J.S.A. 58:10A-1 et seq.
[iv] 
Waterfront Development Law.
[v] 
County Development Agency.
[vi] 
Soil Erosion/Sediment Control Agency.
(c) 
The maximum elevation of fill placed on a premises shall not exceed the average elevation of the surrounding properties as measured within 200 feet of the common property line unless required by the Board.
(d) 
The applicant will, if a fill placement approval is issued, be solely responsible for the terms and conditions of the approval and the applicable bonding, standards and requirements of this section. All correspondence, enforcement, bonding and control of the fill placement will be with and under the control and responsibility of the applicant.
H. 
Protocol for acceptance of fill material. Any fill material proposed to be installed within the limits of the Borough shall be sampled for contaminants prior to submission of a fill permit application. Sampling requirements shall be in accordance with the following:
(1) 
Soil.
(a) 
All sampling procedures utilized to characterize contaminants in soil shall be in accordance with the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and the NJDEP Field Sampling Procedures.
(b) 
Soil samples collected to characterize contaminants in soil shall be analyzed for priority pollutants +40.
(c) 
In addition to the above requirements, any person proposing to install fill materials shall collect waste classification samples to determine whether such materials are considered hazardous.
(d) 
The procedures for collecting representative waste classification samples to determine if the materials are hazardous shall be performed in accordance with the Division of Solid and Hazardous Waste's Waste Classification Request Form (HWM-009) and all associated references and appendices.
(e) 
Waste classification samples shall be analyzed for the parameters set forth in Appendix 2 of HWM-009.
(f) 
All applicants shall obtain from the NJDEP Division of Solid and Hazardous Waste a classification determination letter which indicates that the materials are not considered hazardous waste.
(g) 
At the discretion of the Borough Engineer, the requirements for a waste classification determination letter of native fill material may be waived subject to the satisfactory submission of a certification which states (at a minimum) that the fill material is free of contaminants, is derived from a site which has never been subjected to a hazardous material discharge and is located within the Borough of Carteret. The certification shall be in the form of a notarized affidavit from the operator or owner of the site from which the native fill material is removed.
(2) 
Dredge materials.
(a) 
All sampling procedures utilized to characterize contaminants in dredge shall be in accordance with the Management and Regulation of Dredging Activities and Dredged Material in New Jersey's Tidal Waters (Dredge Management Document) and the NJDEP Field Sampling Procedures Manual. Sampling frequency shall be in accordance with the sampling frequency set forth on Table 1 of the Dredge Management Document. The draft form of this document will be utilized until such time as a final document is adopted.
(b) 
Dredge samples collected to characterize contaminants in the dredge material shall be analyzed for all contaminants set forth in the Dredge Management Document, Appendix A, in accordance with the analytical methods stated therein.
(c) 
In addition to the above requirements, any person proposing to install fill materials shall collect waste classification samples to determine whether such materials are considered hazardous.
(d) 
The procedures for collecting representative waste classification samples to determine if the materials are hazardous shall be performed in accordance with the Division of Solid and Hazardous Waste's Waste Classification Request Form (HWM-009) and all associated references and appendices.
(e) 
Waste classification samples shall be analyzed for the parameters set forth in Appendix 2 of HWM-009.
(f) 
All applicants shall obtain from the NJDEP Division of Solid and Hazardous Waste a classification determination letter which indicates that the materials are not considered hazardous waste.
(g) 
At the discretion of the Borough Engineer, the requirements for a waste classification determination letter of native fill material may be waived subject to the satisfactory submission of a certification which states (at a minimum) that the fill material is free of contaminants, is derived from a site which has never been subjected to a hazardous material discharge and is located within the Borough of Carteret. The certification shall be in the form of a notarized affidavit from the operator or owner of the site from which the native fill material is removed.
I. 
Sectioning of land under permit.
(1) 
Operations under a fill placement approval must be conducted in such a manner as to minimize any negative impacts which may result from the activities related to soil erosion, dust, mud, sedimentation and drainage during the course of the work.
(2) 
Unless temporary vegetative cover is established according to soil erosion standards, the applicant shall be required to section the property which is the subject of his approval into areas of not more than five acres and to schedule the work of fill placement so that the operation conducted in one section is completed and at final grade before work is commenced in any other section of the premises.
(3) 
Temporary vegetative cover shall be required in an area or section if same is not to final grade and the applicant desires to work in another section.
J. 
General permit regulations.
(1) 
In the placement of fill, the owner or person in charge shall conduct the operations so that there will be no interruption of natural drainage and that the area will be properly cleared of debris and graded to conform with the contour lines and grades as approved by the board. The conduct of the operation shall be under the responsibility and control of the Borough Engineer, who will make periodic inspections to determine that there is no deviation from the information and requirements of the application as approved.
(2) 
Temporary grading will be required on a daily basis to eliminate unsafe slopes, faces and excavations.
(3) 
Every fill placement project shall be conducted and completed in a manner which will eliminate any condition hazardous to any member of the public who may have access to the property or to the health, safety or welfare of the residents of the Borough.
(4) 
No fill placement operation is to be conducted except between the hours of 7:00 a.m. and 5:00 p.m. on weekdays only.
(5) 
No activity associated with the placement of fill shall result in the accumulation of dirt, rubble, liquid or debris on any roadway within the Borough.
(6) 
The fill placement operation shall be conducted so that the noise from trucks or equipment will not be a source of annoyance or discomfort to any residents of the Borough.
(7) 
Every truckload of material shall be properly trimmed and shall protrude no more than 12 inches above the sides of the truck at the peak or highest point of each load and shall be covered as provided under applicable New Jersey Motor Vehicle Laws.
K. 
Requirements and standards for topsoil.
(1) 
Requirements for replacement when no or insufficient topsoil is present on the site or premises.
(a) 
Each site, area or premises governed by a fill placement permit shall be covered with a minimum of four inches of topsoil upon completion of the project.
(b) 
Topsoil material may be brought to the premises from off site in order to complete the fill placement activities and prior to placement of final vegetative cover.
(c) 
Topsoil shall be friable and loamy, free of debris, weeds and stones and shall not contain any toxic substance that may be harmful to plant growth. A pH range of 5.0 to 7.5 is acceptable. Soluble salts should not exceed 500 ppm.
(d) 
Topsoil shall be tested by a recognized testing laboratory, the United States Department of Agriculture or the Rutgers University Soil Testing Laboratory, with test results submitted to the Borough for approval prior to placement. Also, topsoil previously excavated and stockpiled on the premises shall be subject to this requirement.
(2) 
Site preparation.
(a) 
Grade as needed to conform to the final contours on the approved fill placement maps.
(b) 
Subsoil should be tested for lime requirement and limestone, if needed, should be applied to bring soil pH to 6.5 and should be incorporated into the soil as nearly as practical to a depth of four inches.
(c) 
Immediately prior to topsoil distribution, the surface should be scarified to provide a good bond with the topsoil.
(d) 
Employ needed erosion control practices such as diversions, grade stabilization structures, berms, channel stabilization measures, desilting basins and waterways.
(3) 
Applying topsoil.
(a) 
Topsoil should be handled only when it is dry enough to work without damaging soil structure.
(b) 
A uniform application to a depth of four inches (unsettled) is required.
L. 
Requirements and standards for temporary vegetative cover.
(1) 
Definitions: establishment of temporary vegetative cover on soils exposed for periods of one to 12  months.
(2) 
Purpose: to temporarily stabilize the soil and reduce damage from wind and water erosion until permanent stabilization is accomplished.
(3) 
Site preparation.
(a) 
Grade as needed and feasible to permit the use of conventional equipment seedbed preparation, seeding, mulch application and mulch anchoring.
(b) 
Install needed erosion control practices or facilities such as diversions, grade stabilization structures, berms, channel stabilization measures, desilting basins and waterways.
(4) 
Seedbed preparation.
(a) 
Apply limestone and fertilizer according to soil test recommendations such as those offered by Rutgers University Soil Testing Laboratory. Contact your County Agricultural Agent at the Freehold Soil Conservation District Office. If soil testing is not feasible on small or variable sites, or where timing is critical, fertilizer may be applied at the rate of 600 pounds per acre or 14 pounds per 1,000 square feet of 10-20-10 or equivalent. If seed is drilled over banded fertilizer, the rate of fertilizer is reduced 50% percent. Apply limestone (equivalent to 50% percent calcium plus magnesium oxides) as follows:
Soil Textures
Tons per Acre
Pounds Per 1,000
Square Feet
Clay, clay barns and high organic soils
3
136
Sandy barns, barns, silt barns
2
90
Loamy sands, sands
1
45
(b) 
Work lime and fertilizer into the soil as nearly as practical to a depth of four inches with a disc, springtooth harrow or other suitable equipment. The final harrowing or discing operation should be on the general contour. Continue fillage until a reasonably uniform seedbed is prepared.
(c) 
Inspect seedbed just before seeding. If traffic has left the soil compacted, the area must be retilled as above.
(5) 
Seeding: select seed recommended in table below:
Table 160-83A.12
Temporary Seedings and Seeding Dates
Seeding Rate
Crop
Per Acre
Per 1,000 Square Feet
Seeding Date
Oats (spring)
2 1/2 bushel
2 pounds
Before April 1
Rye
2 bushel
2.4 pounds
Sept. 1 to Nov. 1
Barley (winter)
2 bushel
2.2 pounds
Sept. 20 to Oct. 15
Ryegrass
40 pounds
0.9 pounds
Before May 15
(annual)
Aug. 25 to Nov. 1
Korean Lespedeza*
25 pounds
0.6 pounds
Feb. 1 to July 5
Millet (foxtail*)
30 pounds
0.7 pounds
May 1 to July 1
Sudangrass*
60 pounds
1.4 pounds
May 1 to July 5
Weeping Lovegrass
3 pounds
0.1 pounds
May 1 to Aug. 15
NOTES:
* May be planted throughout summer if soil moisture is adequate or can be irrigated.
(6) 
Mulching: required on sites difficult to vegetate (sands, slopes or hydro-seedings and off season operations).
(a) 
Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder or hydroseeder (slurry, including seed and fertilizer). Optimum seeding depth for specific annuals is one inch (except sandy soils, two inches). Hydroseedings which are mulched may be left on soil surface.
(b) 
Where feasible, except when a cultipacker-type seeder or hydroseeder is used, the seedbed should be firmed following seeding operations with a roller or light drag. Seeding operations should be on the contour.
[1] 
Mulch materials should be unrotted salt hay or small grain straw at the rate of 1 1/2 tons to 2 tons per acre or 70 pounds to 90 pounds per 1,000 square feet. Mulch should not be ground or chopped into short pieces.
[2] 
Spread uniformly by hand or mechanically so that approximately 75% to 95% of the soil surface will be covered. For uniform distribution of hand-spread mulch, divide area into approximately one-thousand-square-feet sections and distribute 70 pounds to 90 pounds within each section.
[3] 
Mulch anchoring should be accomplished immediately after placement to minimize loss by wind or water. This may be done by one of the following methods depending upon the size of the area, steepness of slopes and costs:
[a] 
Peg and twine: drive eight-inch to ten-inch wooden pegs to within two inches to three inches of the soil surface every four feet in all directions. Stakes may be driven before or after applying mulch. Secure mulch to soil surface by stretching twine between pegs in a criss-cross and square pattern. Secure twine around each peg with two or more round turns.
[b] 
Mulch nettings: staple paper, jute, cotton or plastic nettings to the soil surface. Use a degradable netting in areas to be mowed.
[c] 
Mulch anchoring tool: a tractor-drawn implement especially designed to punch and anchor salt hay or straw mulches into the surface soil may be used. This practice affords maximum erosion control, but its use is limited to those slopes upon which the tractor can operate safely. Tool penetration should be about three inches to four inches. The operation should be done on the contour.
[4] 
Liquid mulch binders: may be used to anchor salt hay or straw mulches.
[a] 
Applications should be heavier at edges where wind catches mulch, in valleys and at crests of banks. Remainder of area should be uniform in appearance.
[b] 
Use one of the following:
[i] 
Emulsified asphalt (SS-1, CSS-1, CMS-2, MS-2, RS-1, RS-2, CRS-1 and CRS-2). Apply .04 gallon per square yard or 194 gallons per acre on flat slopes and on slopes less than eight feet high. On slopes eight feet or more high, use .075 gallon per square yard or .363 gallons per acre.
[ii] 
Cutback asphalt rapid curing (RC-70, RC-250 and RC-800) or medium curing (MC-250 or MC-800). Apply .04 gallon per square yard or 194 gallons per acre on-flat areas and on slopes less than eight feet high. On slopes eight feet or more high, use .075 gallon per square yard or 363 gallons per acre.
(7) 
Extent of temporary vegetative cover. The Borough Engineer may require any or all of the above steps to ensure protection of the public from soil erosion, sediment control, dust and drainage.
M. 
Requirements and standards for permanent vegetative cover.
(1) 
Definition: Establishment of permanent vegetative cover on exposed soils where perennial vegetation is needed for long term protection.
(2) 
Purpose: To permanently stabilize the soil, assuring conservation of soil and water and to enhance the environment.
(3) 
Site preparation.
(a) 
Rough grade as required to conform to the final contours on the approved fill placement maps.
(b) 
Apply topsoil as required in Subsection K.
(c) 
Mulch anchoring should be accomplished immediately after placement to minimize loss by wind or water. This may be done by one of the following methods, depending upon the size of the area, steepness of slopes and costs:
[1] 
Peg and twine: drive eight-inch to 10-inch wooden peg to within two inches to three inches of the soil surface every four feet in all directions. Stakes may be driven before or after applying mulch. Secure mulch to soil surface by stretching twine between pegs in a crisscross and a square pattern. Secure twine around each peg with two or more round turns.
[2] 
Mulch nettings: staple paper, jute, cotton or plastic nettings to the soil surface. Use a degradable netting in areas to be mowed.
[3] 
Mulch anchoring tool: a tractor-drawn implement especially designed to punch and to anchor mulch into the surface soil. This practice affords maximum erosion control, but its use is limited to those slopes upon which the tractor can operate safely. Tool penetration should be about three inches to four inches. On sloping land, the operation should be done on the contour.
[4] 
Liquid mulch binders: may be used to anchor salt hay or straw mulches.
[a] 
Applications should be heavier at edges where wind catches mulch, in valleys and at crests of banks. Remainder of area should be uniform in appearance.
[b] 
Use one of the following:
[i] 
Emulsified asphalt O (SS-1, CMS-2, MS-2, RS-2, CRS-1 and CRS-2). Apply .04 gallon per square yard or 194 gallons per acre on flat slopes less than eight feet high. On slopes eight feet or more high, use .075 gallon per square yard or 363 gallons per acre.
[ii] 
Cutback asphalt rapid curing (RC-70, RC-250 and RC-800) or medium curing (MC-250 or MC-800). Apply .04 gallon per square yard or 194 gallons per acre on flat areas and on slopes less than eight feet high. On slopes eight feet or more high use .075 gallon per square yard or 363 gallons per acre.
(4) 
Seedbed preparation.
(a) 
Apply limestone and fertilizer according to laboratory test requirements in accordance to the recommendations and approval of the Borough.
(b) 
Work lime and fertilizer into the soil as nearly as practical to a depth of four inches with a disc, spring-tooth harrow or other suitable equipment. The final harrowing or discing operation should be on the general contour. Continue fillage until a reasonable uniform, fine seedbed is prepared.
(c) 
Remove from the surface all stones two inches or larger in any dimension and remove all other debris, such as wire, cable, tree roots, pieces of concrete, clods, lumps or other unsuitable material.
(d) 
Inspect seedbed just before seeding. If traffic has left the soil compacted, the area must be refilled and firmed as above.
(5) 
Seeding.
(a) 
Selection of seed mixture shall be by recommendation of the Borough based upon laboratory test results upon topsoil to be used and other applicable criteria such as grade, drainage, subsoil, etc.
(b) 
Apply seed uniformly by hand, cyclone seeder, drill cultipacker seeder or hydroseeder (slurry, including seed and fertilizer). Normal seeding depth is from 1/4 inch to 1/2 inch. Hydroseedings which are mulched may be left on soil surface.
(c) 
Where feasible, except where either a cultipacker-type seeder or hydro-seeder is used, the seedbed should be firmed following seeding operations with a roller or light drag. Seeding operations should be on the contour.
(6) 
Mulching: required on all sites (sands, slopes or hydroseedings and off-season operations).
(a) 
Mulch materials should be unrotted salt hay or small grain straw at the rate of 1/2 tons to 2 tons  per acre or 70 pounds to 90 pounds per 1,000 square foot. Mulch should not be ground or chopped into short pieces.
(b) 
Spread uniformly by hand or mechanically so that approximately 75% to 95% of the soil surface will be covered. For uniform distribution of hand spread mulch, divide area into approximately one-thousand-square-feet sections and distribute 70 pounds to 90 pounds within each section.
(7) 
Irrigation (where feasible). If soil moisture is deficient, supply new seedings with adequate water (a minimum of three inches to four inches penetration) for plant growth until they are well established. This is especially true when seedings are made in abnormally dry or hot weather.
(8) 
Establishment of permanent vegetative cover: shall be the responsibility of the applicant and the bond as posted shall not be released until the vegetative cover is established for a minimum of one growing season.
N. 
Requirements and standards for soil erosion and sediment control.
(1) 
A soil erosion and sediment control plan will be required with each application for a fill placement permit.
(2) 
Requirements of soil erosion and sediment control plan shall be in conformity with Borough of Carteret Ordinance Nos. 1210 and 1216, An Ordinance to Establish Regulations for Controlling Soil Erosion and Sediment Control within the Borough of Carteret, known as the "Land Disturbance and Soil Erosion Control Ordinance."
(3) 
Fees. No additional fees will be required with respect to soil erosion and control. Those fees per Subsection D shall be applicable.
O. 
Requirements and standards for dust control.
(1) 
Definition: the regulation of airborne particulates emanating from a site.
(2) 
Purpose: to prevent blowing and movement of dust from exposed soil surfaces, reduce on- and-off site damage and health hazards, and improve traffic safety.
(3) 
Where applicable. This practice is applicable to areas subject to dust blowing and particulate movement where on- and off-site damage, health hazards and traffic obstruction is likely without treatment.
(4) 
Methods. The following methods should be considered for controlling dust:
(a) 
Mulches.
(b) 
Vegetative cover.
(c) 
Spray-on adhesives, On mineral soils (not effective on such soils). Keep traffic off these areas.
Water Dilution
Type of Nozzle
Apply Gallons per Acre
Anionic asphalt emulsion
7:1
Coarse spray
1,200
Latex emulsion
12 1/2:1
Fine spray
235
Resin in water
4:1
Fine spray
300
(d) 
Tillage: to roughen surface and bring clods to the surface. This is a temporary emergency measure which should be used before soil blowing starts. Begin plowing on windward side of site. Chisel-type plows spaced about 12 inches apart and spring-toothed harrows are examples of equipment which may produce the desired effect.
(e) 
Sprinkling: site is sprinkled until the surface is wet.
(f) 
Barriers: solid board fences, snow fences, burlap fences, crate walls, bales of hay and similar material can be used to control air currents and soil blowing.
(g) 
Calcium chloride: shall be in the form of loose dry granules or flakes fine enough to feed through commonly used spreaders at a rate that will keep surface moist but not cause pollution or plant damage. If used on steeper slopes, then use other practices to prevent washing into streams.
(h) 
Stone: cover surface with crushed stone or coarse gravel.
(5) 
Requirements as to dust control. The Borough Engineer may require any or all of the above to ensure protection of the public.
P. 
Requirements and standards for transportation of fill material. A person who transports fill material over the streets, roads or highways in the Borough pursuant to a fill placement approval shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from roads, streets or highways and shall apply or cause to be applied to the roads, streets or highways, a dust preventive wherever deemed necessary by the Borough Zoning Officer. If a contractor neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required by the Borough Zoning Officer, the Zoning Officer is authorized to suspend the approval for a period of not more than 10 days or may revoke the approval after notification, in writing, by an authorized officer, agent or employee of the Borough to the holder of the approval. If revoked, no fill placement shall again be issued unless application is made to the board for reinstatement.
Q. 
Penalty. A person or entity that violates this chapter in addition to such fines and penalties as set forth in § 160-140 of this Land Development chapter, shall be responsible for the removal of any and all improperly placed fill material, any remediation necessary as a result of the improper placing of the fill and all costs, direct and indirect, of the Borough in monitoring, supervising, reviewing and overseeing the removal and remediation (if necessary) of the improperly placed fill.
[Amended 2-19-1998 by Ord. No. 98-4]
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of one footcandle over the entire area, except in HI-A and HI-B Zones, where the maximum light intensity provided at ground level shall average three footcandles. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows or onto streets and driveways in such manner as to interfere with driver vision. Colored lights (red, green, amber or shades thereof which could simulate traffic lights) shall not be installed within 25 feet of the intersection of two public streets. No lighting shall be of a rotating, pulsating or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the approving authority. The objective of these specifications is to minimize undesirable effects. Freestanding and wall-mounted lights shall not exceed a height of 25 feet above grade.
A. 
Lot dimensions and area shall not be less than the requirements of the Zoning Bulk Schedule[1] requirements.
[1]
Editor's Note: The Bulk Schedule is included at the end of this chapter.
B. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
C. 
Each lot must front upon an approved, paved street with a right-of-way of at least 50 feet.
D. 
Through lots with frontage on two streets will be permitted only under the following conditions:
(1) 
Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and
(2) 
Access shall be to the street with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.
E. 
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line, and all setbacks shall be measured from such line.
F. 
Where two or more contiguous lots are under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision, acquired by separate conveyance or by other operation of law, and one or more of said lots should not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall hold.
G. 
Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this chapter, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
A. 
Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property:
(1) 
Street improvements.
(2) 
Water system.
(3) 
Sewerage.
(4) 
Drainage facilities.
(5) 
Easements therefor.
B. 
Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.
C. 
The governing body shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.
D. 
The financing and construction of the improvements shall be arranged in one of the following manners:
(1) 
If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality in cash prior to final approval of the plan.
(2) 
If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed in an amount and under the terms set forth in Article XI.
[Amended 4-19-1990 by Ord. No. 90-16]
A. 
Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 160-81, Easements.
B. 
Any collection system shall be designed in accordance with the requirements of the State Department of Environmental Protection and municipal ordinances and standards. All elements of the sanitary sewer system design and flow volume computations shall be submitted to the Municipal Engineer for review and approval.
All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart and parallel to but no more than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in § 160-107, Off-street parking and loading.
[Amended 5-20-1999 by Ord. No. 99-16; 4-6-2000 by Ord. No. 00-11]
Sidewalks shall be required at the approving authority's discretion, depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick, of Class C concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch and shall be air entrained. The approving authority may require the replacement or repair of existing sidewalk areas consistent with the above standards. All service walkways or patios shall have a minimum distance of 12 inches to each side and rear property line so as to serve as a buffer and to allow for proper drainage.
A. 
Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of either intersecting street or driveway or lower than eight feet above its center line, including street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets, at 130 feet; collector streets, at 60 feet; and primary and secondary local streets, at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Carteret Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
B. 
Fences and walls shall not be located in any required sight triangle.
Streetlighting standards of a type and number approved by the approving authority and the Municipal Engineer shall be installed at street intersections and elsewhere as deemed necessary by the approving authority.
A. 
All development shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.
B. 
When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
C. 
Local streets shall be designed to discourage through traffic.
D. 
In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below, unless such buffers are established in a reserve strip controlled by the municipality or county. The portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than the twenty-five-foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berm may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height, they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.
E. 
In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street, although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.
Classification
Right-of- Way Width
(feet)
Traffic Lanes
Width Between Curbs
(feet)
Total Utility and Right-of-Way Outside the Curb*
(feet)
Arterial
86
4 at 12 feet
64
22
Collector
60
2 at 12 feet
40
20
Primary local
50
2 at 10 feet
36
14
[Amended 2-19-1998 by Ord. No. 98-4]
Secondary local
50
2 at 10 feet
30
20
*NOTE: Shall be grass-stabilized topsoil a minimum of four inches deep.
F. 
No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.
G. 
In the event that a development adjoins or includes existing municipal streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening, may be offered to the municipality for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Carteret permitting the Borough to enter upon these lands for the purposes provided for and expressed in the Development Ordinance of the Borough of Carteret." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be anticipated.
H. 
Longitudinal grades on all local streets shall not exceed 10%, or 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 3/4 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
I. 
Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less then 75% at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet, collector at 30 feet and local streets at 20 feet. No local street shall be part of a four-way intersection.
J. 
Sight triangles shall be provided as required in § 160-92, Sight triangles.
K. 
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.
L. 
All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the Municipal Engineer.
M. 
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
(1) 
Dead-end streets of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 60 feet and a cartway radius of not less than 50 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to the right of the center lines of the street, facilitating the turnaround movement.
(2) 
If a dead-end street is of a temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended.
(3) 
A dead-end (cul-de-sac) street shall serve no more than 10 lots.
N. 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the governing body.
O. 
Streets shall be constructed in accordance with the following standards and specifications:
(1) 
Arterial streets:
(a) 
A quarry blend stone subbase of six inches.
(b) 
A bituminous stabilized base course of six inches.
(c) 
An FABC-1 surface course of two inches.
(2) 
Collector and local streets:
(a) 
A quarry blend stone subbase of six inches.
(b) 
A bituminous stabilized base course of five inches.
(c) 
An FABC-2 surface course of two inches.
P. 
Street jogs shall have center-line offsets of not less than 125 feet.
[Added 2-19-1998 by Ord. No. 98-4]
Street signs shall be metal-on-metal posts of the type, design and standard required in the Street Ordinance or, if there is no Street Ordinance in effect at the time, then as approved by the approving authority on the advice of the Municipal Engineer. The location of the street signs shall be determined by the Engineer, but there shall be at least two signs furnished at each four-way intersection and one street sign at each T intersection. All signs shall be installed free of visual obstruction.
[Added 12-19-2006 by Ord. No. 06-61]
Any individuals and/or entities that engage in any construction activity that impacts and/or disturbs the public streetscape improvements installed by the Borough shall hereby be obligated to replace and/or restore the same in accordance with plans and specifications previously approved by the Borough’s Director of Engineering and/or his/her designee.
The developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Middlesex Water Company and the state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.
A. 
Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.
B. 
Glare. No use shall direct or reflect a steady or flashing light beyond its lot line, except that, in commercial or industrial zones, steady security lights may extend beyond the lot line but may not extend beyond the zone line. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets. Also, see § 160-84, Lighting, of this article.
C. 
Heat. Sources of heat, including but not limited to steam, gases, vapors and products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses, except that, in commercial or industrial zones, such discharges may occur within the zone line, provided that in no event shall such discharge impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.
D. 
Radioactivity.
(1) 
No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection.
(2) 
Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
E. 
Vibrations.
(1) 
Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions simultaneously.
(2) 
Vibration level restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
F. 
Airborne emissions.
(1) 
In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.
(2) 
In addition to the requirements of the New Jersey Department of Environmental Protection, the following shall also apply:
(a) 
Toxic matter. No emission of toxic matter shall exceed the standards of state and federal regulatory agencies.
(b) 
Odorous matter. No odor shall be emitted beyond the lot lines that exceeds the State of New Jersey standards.
G. 
Noise emissions.
(1) 
Standard. Noise shall be measured with a sound-level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters, ANSI S1.4-61, or its latest revisions. The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurements shall be conducted in accordance with the American Standard Methods for the Physical Measurements of Sound, ANSI S1.2-61, or its latest revision.
(2) 
Noise level restriction.
(a) 
Noises shall not exceed the maximum sound levels specified in the table, except as designated below:
          Noise Level Restrictions
Performance Category
Maximum Level Permitted
(dBA)
Where Measured
Residential districts
55
On or beyond the neighboring use or lot line
Agricultural districts
60
On or beyond the neighboring use
All other districts
70
On or beyond the district boundaries
(b) 
In any residential district, the A-weighted sound levels shall not exceed 45 dBA during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply.
(3) 
Exclusions and permitted variations.
(a) 
The levels specified in the table may be exceeded once by 10 dB in a single period of 15 minutes during one day.
(b) 
Peak values of short duration, also known as "impact noises," may exceed the values specified in the table by 20 dB or have a maximum noise level of 80 dBA, whichever is more restrictive.
(c) 
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations.
H. 
Storage and waste disposal.
(1) 
In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
(2) 
All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection or New Jersey Department of Labor and Industry Codes, whichever is more restrictive.
(a) 
Any storage of Class II, III or IV, as defined by NFPA 231C shall have in-rack sprinklers installed when racks are 12 feet high and over.[1]
[1]
Editor's Note: Added by regulation of the Fire Official, January 1994.
(b) 
All buildings of Use Groups S1 and S2 shall have tamper switches installed on main water valves for sprinkler systems. These use groups shall have the valve tamper switches supervised as per the 1993 BOCA Building Construction Code, Section 923.1, Subsections 1 and 2.[2]
[2]
Editor's Note: Added by regulation of the Fire Official, January 1994.
(3) 
Screening.
(a) 
All permanent outdoor storage facilities for fuel, raw materials and products stored outdoors shall be screened from view from any public street by an approved safety fence and visual screen. Permanent outdoor storage facilities shall not be permitted in any required front yard. Permanent outdoor storage facilities shall not be permitted in any side or rear yard adjacent to a residential zone.
(b) 
Temporary storage facilities for the above-stated storage shall be permitted for periods of up to six months, provided that they are screened up to a height of 12 feet and under the same yard restrictions as above.
(c) 
Storage facilities in industrial zones shall be exempt from the screening requirements listed above but shall adhere to the same yard restrictions.
(4) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(5) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.
[Added 2-19-1998 by Ord. No. 98-4]
A minimum six-foot-by-eight-foot enclosed area shall be provided to accommodate three receptacles for recyclables, as set forth in Chapter 202, Recycling. The area for recyclables shall not be permitted in any front yard. Containers shall be required as per Chapter 202, Recycling.