Borough of Red Bank, NJ Design Standards and Improvement Specifications

Editor's Note: Attachment 6, Design Standards Within the Transit Village, is included as an attachment to this chapter.

§ 490-80 Blocks.

The block length, width, and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this chapter and to provide for convenient access, circulation control, and safety of vehicles and pedestrians.

Block lengths may vary between 400 feet and 2,000 feet, but blocks along other than local or collector streets shall not be less than 1,000 feet long.

Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,000 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.

§ 490-81 Buffer areas; screening; landscaping; shade trees.

Buffer areas. All uses, other than single-family detached and two-family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide fifteen-foot-wide buffer areas along all side and rear property lines which abut areas zoned residentially or used for residential purposes (including single-family detached and multifamily dwellings) and along front property lines on local or collector streets which abut areas zoned or used for such residential uses.

If a home professional office, home occupation or an accessory use to a single-family detached dwelling requires five or more off-street parking spaces, the municipal agency shall consider the need for a buffer area and may require that buffer areas of 15 feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking.

If a proposed single-family detached subdivision abuts a collector or arterial highway or an area zoned for or occupied by other uses, the municipal agency shall consider the need for buffer areas and may require:

That a buffer strip not exceeding 50 feet in width be provided and maintained in its natural state and or suitably planted with screening and landscaping; or

That the adjacent lots front on an interior street and have a depth of at least 200 feet with suitable screening and landscaping planted at the rear; or

That other suitable means of separation be provided.

Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

No structures, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the municipal agency, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided.

Screening. Within buffer areas required by Subsection A of this section, there shall be provided screening in accordance with the following:

All planted materials shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Evergreen trees and/or shrubs shall be of a type acceptable to the municipal agency and shall generally conform to the type categories shown on a list of suggested trees and shrubs available from the administrative officer (the designations Type A, B, etc., refer to such list).

Where all proposed structures, drives, parking areas and other improvements on the site being developed are at least 35 feet from the property line abutting a residential zone or use, the required screening shall be:

At least 10 feet wide.

Planted with one of the following:

A single row of Type A evergreen trees on six-foot centers having a planted height of at least six feet. (See Figure IV.)

Figure IV

Where all proposed structures, drives, parking areas and other improvements on the site being developed are at least 35 feet from a property line abutting a residential zone or use, and where the municipal agency determines that only screening of moderately sized parking areas (not exceeding 25 vehicles) or screening of other site improvements of moderate height is indicated, the required screening shall be:

At least 15 feet wide.

Planted with upright or spreading Type C evergreen shrubs with an as-planted height and spread of at least three feet, on five-foot centers in two staggered rows five feet apart, centered in the fifteen-foot strip. (See Figure VI.)

Figure VI

The municipal agency may require that the Type C shrubs be replaced by or be supplemented with barrier-type plantings where required.

All other screening strips not conforming with Subsection B(2) and (3) of this section shall be:

At least 15 feet wide.

Planted with one of the following:

A double-staggered row of Type A evergreen trees, on ten-foot centers, with rows seven feet apart, having an as-planted height of at least six feet. (See Figure VII.)

Figure VII

A double-staggered row of columnar or pyramidal Type B evergreen trees, on five-foot centers, with rows of six feet apart, having an as-planted height of at least five feet. (See Figure VIII.)

Figure VIII

A combination of Type A evergreen trees, pyramidal or columnar Type B evergreen trees and upright or spreading Type C evergreen shrubs approximately equivalent in density to the screening strips described above and acceptable to the municipal agency.

When the municipal agency determines it to be necessary or desirable, supplemented with suitable barrier-type plantings in order to create an obstruction to physical passage in addition to a visual barrier.

A single row of pyramidal and columnar Type B evergreen trees on three-and-one-half-foot centers, having a planted height of at least five feet. (See Figure V.)

Figure V

When the municipal agency determines that it is necessary or desirable, supplemented with suitable barrier-type plantings such as laland firethorn (pyracantha coccinea laland), wintergreen barberry (berberis julianae) or oregon hollygrade (mahonia aquifolium) in order to create an obstruction to physical passage in addition to a visual barrier.

When the municipal agency determines it desirable, arranged with a six-foot-high timber stockade fence along the outside of the required screening strip (in accordance with § 490-91 of this chapter) prior to commencing construction on the site. In such case, the required height of all plant material may be reduced by 33.3%. The timber stockade fence shall be maintained in good condition by the developer as long as it exists or until such time as the evergreen trees have grown to a minimum height of 10 feet, at which time the developer may remove the stockade fence in lieu of maintaining it.

Where suitable trees exist within a screening area, they should be retained and supplemented with shade-tolerant evergreen trees to provide the equivalent of the required screening as determined by the municipal agency.

The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the municipal agency may require the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location at which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the municipal agency may permit the height of trees planted in the required screening strips to be decreased by an amount equal to 1/2 the difference in elevation, except that in no case shall the required height be reduced to less than four feet.

All trees in a screening area shall be watered as required through the first growing season. The developer shall construct a six-inch-deep saucer around each tree to hold water and fill with wood chips or suitable mulch. Trees shall be nursery grown, balled and burlapped, shaped, of the required height and planted according to accepted horticultural standards.

At the following locations within required screening areas, Type D evergreen shrubs with a maximum mature height of 30 inches or less, approved by the municipal agency as to specie, location and spacing, shall be provided in lieu of the evergreen trees specified above:

Within sight triangle easements.

Within 25 feet of intersections where sight triangle easements are not provided.

Within 25 feet of access drives.

Waiver. The municipal agency, after favorable recommendation by the Borough Engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.

Landscaping.

Topsoil preservation. No topsoil shall be removed from the site or used as spoil, except excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this subsection. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four-inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four-inch minimum thickness. At least 48 hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the Borough Engineer and Construction Official.

Protection of trees. No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree.

Removal of debris. All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to the approval of the Borough Engineer, be used as mulch in landscaped areas.

Slope plantings. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the Borough Engineer and municipal agency. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.

Selective thinning. Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide cleared, graded and drained pathways approximately four feet wide through all public or quasi-public open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide easy access through open space areas.

Additional trees in single-family subdivisions. Besides the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the municipal agency at time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The variety of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding 30% of the total plantings.

Additional landscaping for uses other than single-family. In conjunction with all uses other than single-family homes, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands, or other required improvements shall be landscaped by the planting of grass or other ground cover acceptable to the municipal agency and a minimum of two shrubs and one tree for each 250 square feet of open space.

Trees shall be planted with a minimum caliper of three inches (measured six inches above ground level).

[Amended 12-12-2018 by Ord. No. 2018-39]

Waiver. The municipal agency, after favorable recommendation by the Borough Engineer and Environmental Commission, if established, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.

Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications.

Landscaping plan. The placement of landscaping shall be in accordance with a landscaping plan submitted with the final plat.

Relocated plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of Subsection C(6) and (7) of this section, provided that:

Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material; and

All such salvaged and/or relocated plant material shall be of type, size and quality acceptable to the Borough Engineer; and

All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the Borough Engineer; and

The developer has received the approval of the Borough Engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.

Shade trees.

[Amended 8-9-2017 by Ord. No. 2017-20]

In each nonexempt development application, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type, size and in a location approved by municipal agency at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on the development plan. The total number of shade trees required for each nonexempt development application shall be one tree per each 50 feet of lot frontage on a public right-of-way with any fractional requirements rounded up. For example, a development application with 51 feet of lot frontage requires two shade trees. This requirement can be met through any combination of existing shade trees, new shade trees, or through the posting of a fee of $1,000 per tree into the Red Bank Shade Tree Trust Fund,[1] as approved by the municipal agency. Any required postings into the Shade Tree Trust Fund shall be made prior to the issuance of a development permit. All nonexempt development applications shall be forwarded to the Borough Shade Tree Committee for its review and recommendation to the municipal agency.

[Amended 10-12-2023 by Ord. No. NP2023-12]

Editor's Note: See § 665-4.

All trees planted in accordance with the provisions of this section shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of individual persons desire to plant a tree or trees in a tree well or within the jurisdiction of the Borough Department of Public Utilities, such person or persons may do so, provided that they conform to the provisions of this chapter, and further provided that permission of the Shade Tree Committee or the Director of the Department of Public Utilities or his/her designee is obtained.

All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, or of substantially uniform size and shape, and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.

All trees planted pursuant to this chapter shall be planted in a dormant state or at other times only subject to the approval of the Shade Tree Committee or the Director of the Department of Public Utilities or his/her designee.

Subsequent or replacement plants shall conform to the type of existing trees in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Shade Tree Committee or the Director of the Department of Public Utilities or his/her designee.

A hole in which a tree is to be planted shall be in each case 1/3 larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.

All shade trees shall be planted in accordance with the landscaping requirements of the Standard Specifications.

§ 490-82 Bulkheading.

All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on nontidal bodies of water, either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization acceptable to the municipal agency. In no case shall bank slopes, bulkhead, riprap, revetments, or other elements of bank stabilization be located within required minimum yard areas.

Bulkheads may be constructed of treated timber, reinforced concrete, marine alloy steel or other materials in accordance with approved details (if adopted) and a detailed design to be submitted by the developer in each case for approval by the Borough Engineer and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or reconstructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.

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

§ 490-83 Bulk storage.

In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:

No bulk storage of materials or equipment shall be permitted in any required front yard area or within 50 feet of any public street, whichever is greater.

No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.

All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the municipal agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 490-81 of this chapter, and a six-foot chain-link fence or equivalent shall be provided.

No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of § 490-81 of this chapter.

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

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

No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 20 feet, except as the same may be in transit to or from the site.

§ 490-84 Clearing and grading.

All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the Borough Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Borough Engineer.

Material which the Borough Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the Borough Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.

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

All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.

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

Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the municipal agency. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the municipal agency may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded, and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the municipal agency and the Borough Clerk. All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.

Top of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the six-foot-wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.

Lot grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.

Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities, and suitable drainage easements shall be provided.

Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below finished grade.

The minimum slope for lawns shall be 3/4 of 1% and for smooth hard-finished surfaces, other than roadways, 4/10 of 1%.

The maximum grade for lawns within five feet of a building shall be 10%, and for lawns more than five feet from a building, 25%.

Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Borough Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the Borough adopt, subsequently to this chapter, standard details for such construction, the same shall govern.

The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.

§ 490-85 Commercial or private club swimming pools.

Location of club or bathhouse. All commercial or private club swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse, for an outdoor commercial or private club swimming pool, shall be set back not less than 100 feet from the front property line and not closer than 50 feet from the side and rear property lines.

Pool location. An outdoor commercial or private club swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot, and not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.

Off-street parking.

Ample parking spaces shall be provided in an area or areas located not less than 100 feet from the front property line and no less than 50 feet from the side or rear residential property lines.

For a private club with a membership of up to one 100 members, not less than 80 car spaces shall be provided. For each additional 25 members or fraction thereof, not less than 20 additional car spaces shall be provided.

For a commercial pool with up to 100 lockers or clothes baskets, there shall be provided not less than 40 car spaces, and for each additional 25 lockers or clothes baskets, not less than 10 additional car spaces, and in addition thereto, two car spaces for each three family lockers.

Size of pool.

A swimming pool for a private club, limited to a maximum of 100 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 450 square feet.

For a commercial swimming pool limited to a total of 100 lockers or baskets for bathers' clothing, the minimum size of the pool shall be 2,000 square feet, and for every additional 25 lockers or baskets or fraction thereof, the pool shall be enlarged by 500 square feet.

Swimming section. The diving section shall be greater than 5.5 feet in depth; the nondiving section shall be less than 5.5 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.

Pump location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.

Lounging and spectator area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.

Club and bathhouse facilities. The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.

Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.

Pool enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence, capable of holding a live load of 250 pounds between posts, located not more than eight feet apart; however, one side or sides of the club or bathhouse may serve as a part of the enclosure. The fence shall be located not less than 15 feet from the closest edge of the pool. The fence shall be from eight feet to 10 feet high, having no opening larger than a two-inch square. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be a self-closing type, opening outwardly only, and be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.

Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

Noise. No sound-amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 10:30 p.m.

§ 490-86 Common open spaces and public open spaces.

Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:

Cluster (reduced lot size) development open space requirements. Open space areas within cluster (reduced lot size) subdivisions shall be subject to all provisions of this section and the following specific requirements:

A minimum of 20% of the tract of land proposed for development shall not be included in building lots or streets and shall be set aside for open space. If the subdivision is to be developed in sections, it shall be designed in a manner that, at any stage of development, at least 20% of the land area of the sections approved is set aside for open space.

Each open space area should contain a minimum of one contiguous acre.

Open space areas should not be less than 50 feet in width at any location, except, where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.

Where possible, all of the following land areas and features shall be preserved as open space:

Floodway and flood hazard areas.

Areas containing a significant number of specimen trees.

Existing watercourses, ponds.

Land with a seasonal high-water table of less than two feet.

Wetlands as defined by the New Jersey Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

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

Removal of dead or diseased trees.

Thinning of trees or other growth to encourage more desirable growth.

Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.

Grading and seeding.

Reservation of public areas.

If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins, or public areas within the proposed development, before approving a subdivision or site plan, the municipal agency may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The municipal agency may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood-control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxed apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

Recreation areas. Where it is considered appropriate by the municipal agency, portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include, but are not limited to, swimming pools, tennis courts, and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the following standards:

The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.

The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.

The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.

The Board shall request and consider recommendations from the appropriate Borough officials.

The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.

The Board shall consider the sequence of development.

The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles, as well as the general welfare, health and safety of the residents of the development.

Open space ownership.

The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the municipal agency and may include but is not necessarily limited to the following:

The Borough of Red Bank (subject to acceptance of the Borough Council).

Other public jurisdictions or agencies (subject to their acceptance).

Quasi-public organizations (subject to their acceptance).

Homeowners' or condominium associations or organizations.

Shared, undivided interest by all property owners in the development.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the municipal agency, which insures that:

The open space area will not be further subdivided in the future.

The use of the open space areas will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space areas.

Maintenance of common open space.

The Borough or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the municipal agency shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the Borough or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough.

Failure of organization to maintain open space.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the administrative officer shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the administrative officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the administrative officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of the year. If the administrative officer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the administrative officer in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 490-87 Concrete requirements.

All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:

	Type of Concrete	Strength (pounds per square inch)
	Class A	4,500
	Class B	3,750
	Class C	3,500
	Class D	2,750

Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.

§ 490-88 Curbs or curbs and gutters.

General requirements. Curb and/or combination curb and gutter shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on the development site. Curbs and/or combination curbs and gutters shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick, cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts portland cement concrete pavement, joints in the curb shall be placed to match the paving joints, and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When concrete curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints in the curb. Curb and combination curb and gutter cross sections shall be as shown in Figures IX and X. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

Figure IX

Concrete Curb

NOT TO SCALE

Figure X

Combination Curb and Gutter

NOT TO SCALE

Use of combination curb and gutter. Use of combination curb and gutter will be allowed in all areas and required in those areas having a bituminous pavement with a profile grade greater than 5% with the following exception:

Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.

Where 50% or more of the curb length of any street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.

Where 50% or more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with combination curb and gutter.

Timing of curb construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having portland cement concrete pavement, the curb shall be constructed after the construction and curing of the portland cement concrete pavement.

Alternate curb types. In certain instances, it may be necessary or desirable to construct alternate curb types. For example, these may be required by the municipal agency on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plats. Continuous slip-formed curb or combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. In the event the Borough Engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this chapter or such other alternate as may be approved by the municipal agency.

§ 490-89 Easements.

Drainage easements.

If the property on which a proposed development is to be located or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the municipal agency may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Borough Engineer for consideration by the municipal agency. The municipal agency, after consulting its engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety, or recommend such other action to the governing body as it deems appropriate.

All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

The land which is the subject of an easement or right-of-way shall, in the case of storm drains or constructed channels, be of a suitable width meeting the requirements for design of drainage facilities or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 35 feet in each direction from the center line of the watercourse, whichever is the greatest; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development. The easement and right-of-way shall include provisions assuring the following:

Preservation of the channel of the watercourse.

Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.

Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.

Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

Conservation easement.

Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 100 feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.

The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.

Sight triangle easements. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easement shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-way for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):

On local streets: 50 feet.

On collector streets: 100 feet.

On arterial streets: 200 feet.

Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Monmouth, the sight triangle easements required by the state or the County of Monmouth may be substituted in lieu of the requirements above.

§ 490-90 Environmental impact report.

An environmental impact report shall accompany all applications for preliminary subdivision and site plan approval when required and specified in a particular zone district pursuant to Article X, Zoning, of this chapter.

A project description which shall specify what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.

An inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Freehold Area Soil Conservation District Standards and Specifications.

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

A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.

A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.

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

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

When required, five copies of the environmental impact report shall be submitted to the municipal agency.

The municipal agency shall either approve or disapprove the environmental impact report as a part of its underlying function with respect to site plan review. In reaching a decision, the municipal agency shall take into consideration the effect of the applicant's proposed project upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.

Upon approval by the municipal agency, the environmental impact report shall be marked or stamped "approved" by the Secretary of the municipal agency and shall be designated as the final environmental impact report.

Notwithstanding the foregoing, the municipal agency may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

An environmental impact report as required herein shall also be submitted as to all public or quasi-public projects, unless such are exempt from the requirements of local law by supervening county, state or federal law.

Submission of an environmental impact statement or assessment consistent with the requirements of P.L. 1973, Chapter 185, the Coastal Area Facility Review Act, N.J.S.A. 13:19-1 et seq., and the rules and regulations promulgated pursuant thereto, will be conclusively deemed to meet the requirements of this section.

§ 490-91 Fences and hedges.

[Amended by Ord. No. 1989-10; Ord. No. 1999-6]

Fences, hedges and walls hereafter erected, altered or reconstructed in any zone may be a maximum height of six feet, except that:

Hedges, walls and fences located between a principal structure and a front lot line, in any required minimum front yard area or within 50 feet of any body of water, may not exceed:

All types of fences, walls and hedges, located:

Within any sight triangle easement existing or required by this chapter: 2 1/2 feet.

Within a triangle which has legs 25 feet long, measured along street lines from any street intersection: 2 1/2 feet.

Within a triangle which has legs 10 feet long, measured along a street line and a driveway edge from the intersection of any driveway with a street: 2 1/2 feet.

Open-type fences as defined by this chapter: four feet.

All other hedges, walls or fences: three feet.

On park, recreation and school properties in any zone and throughout the Industrial and Light Industrial Zone, open-type fences not exceeding eight feet in height may be erected outside of any required front yard area, provided that Subsection A(1)(a) of this section shall apply to all corner lots.

The height limitation shall not apply to fences, hedges, walls, buffers and similar construction specifically required by other provisions of this chapter, by other municipal ordinance or regulation or by statute.[1]

Editor's Note: Original § 25-8.14a4, pertaining to fences exceeding the height limitations, which immediately followed this subsection, was repealed 6-14-2010 by Ord. No. 2010-21.

The following fences and fencing construction materials are specifically prohibited in all zones in the Borough: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences, except that barbed wire, razor wire and similar construction may be permitted in the Industrial Zone about eight-foot-high wire or chain-link fences where same are permitted by this section. A catalog cut of the proposed fence is to be submitted for review and approval by the administrative officer. In general, fencing is to be aesthetically pleasing and a visual improvement to the neighborhood. The administrative officer, at his/her discretion, may consult with the Planning Board or a subcommittee of the Planning Board for input on fence applications.

All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

All fences must also comply with the provisions of Chapter XI, Building and Housing, of the 1987 Revised General Ordinances of the Borough of Red Bank. In case of conflict between the provisions of Chapter XI and of this chapter, the provisions of this chapter shall control.

Tennis court fences, baseball and softball backstops and spectator-protective fencing are exempt from the requirements of this section, provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.

§ 490-92 Fire hydrants.

A certificate of occupancy shall not be issued for a new residential structure which is the subject of a major subdivision or site plan, located in an area serviced by a public or private water company, unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant, which has been tested and approved, as measured down to the center line of connecting public streets, is 400 feet or less.

Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distances between fire hydrants.

Fire hydrants shall not be placed at the closed end of a turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.

The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter, but rather the proper installation of fire hydrants shall be a condition of the issuance of certificates of occupancy; however, all costs shall be borne by the developer.

Flow capacity classification.

All fire hydrants shall be classified as follows:

Class A: flow capacity greater than 1,000 gallons per minute.

Class B: flow capacity of 500 gallons per minute.

Class C: flow capacity of less than 500 gallons per minute.

The flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressure.

All fire hydrants shall be painted in accordance with the standards of the Red Bank Department of Public Utilities or the following schedule:

The tops and nozzle caps shall be painted the color indicated for each of the following classes:

	Class of Hydrant	Color
	A	Green
	B	Orange
	C	Red

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

All fire hydrants installed in the municipality shall have no less than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch pumper nozzle. All threads are to be National Standard fire hose threads.

Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor.

§ 490-93 Guardrails.

Guardrails, pipe railing or other appropriate barricades, as required by the Planning Board, shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations. Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.

§ 490-94 Lots.

Lot size. Minimum lot size and dimensions shall be governed by the requirements of the respective zoning districts as set forth in this chapter, except that:

The municipal agency may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade which, in the opinion of the Board, would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.

The municipal agency may require larger lots adjacent to collector or arterial streets where, in the opinion of the Board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.

Lot and block numbers.

In accordance with the Tax Map specifications of the State of New Jersey dated May 1975, prepared by the State of New Jersey, Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript. The use of letter designations should particularly be avoided.

Prior to final plat approval by the municipal agency, two copies of the map shall be submitted to the Borough Engineer for proper assignment of lot and block numbers. One copy of said map shall be returned with the new lot and block numbers shown. The other copy will be retained for Tax Map purposes.

House numbers.

House numbers shall be assigned each lot by the Post Office Department prior to final plat approval by the municipal agency.

The subdivider, upon completion of curbs and streets, shall place the street number of each lot in the subdivision on the curb or other conspicuous place approved by the Borough Engineer in size and color designed to make said street numbers readily and distinctly discernible from the street. Unless otherwise permitted by the Engineer, such numbers shall be block style, four inches in height, 3/4 inch shape width painted in white fluorescent paint on a black background extending at least one inch beyond the number on all sides.

Area and side lot lines. Except as otherwise provided in this chapter, lot dimensions and area shall not be less than the requirements of the zoning district. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

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

Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by this chapter.

Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, environmental, flood conditions or similar circumstances, the municipal agency may require such revisions in a layout of the subdivision as will accomplish one of the following:

That the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.

That it is included in an area to be deeded to the Township or other public or quasi-public body and will be held in its natural state for conservation and/or recreation purposes.

That some other suitable arrangement is made.

Driveways. All structures must be accessible by means of a paved driveway. The paved driveway must be not less than 10 feet wide and must have a center-line grade of not less than 0.5% and not greater than 10%. For all non-single-family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.

§ 490-95 Monuments. [1]

Monuments shall be of a size and shape required by N.J.S.A. 46:26B-3 et seq., and shall be placed in accordance with said statute. In addition to the required monuments, after the grading is finished, the developer shall install a steel stake one inch in diameter and 30 inches in length on lot corners, lot line angle points, or other changes in direction not marked by monuments, and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.

Editor's Note: Amended at time of codification of the Planning and Development Regulations.

§ 490-96 Multifamily dwellings.

In addition to regulations applicable within zones where multifamily dwellings are a permitted use or are a conditional use, the following regulations shall apply to all multifamily dwellings. (Note: the parking location restrictions set forth in § 490-98I(1) of this chapter shall apply to all exterior, existing or proposed public roadways. The parking setback requirements set forth in this section shall apply to all interior roadways, public or private, in multifamily dwelling projects.)

Setbacks from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 25 feet from the right-of-way of all public streets unless the required front yard setback for the zone is greater, in which case the zone regulations shall take precedent.

Setback from other property lines. All buildings, parking areas and other aboveground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 20 feet from all side and rear lot lines, unless the required side or rear yard setbacks for the zone are greater, in which case the zone regulations shall take precedent.

Minimum distance between principal buildings:

Fifteen feet where neither of the facing walls has windows.

Twenty feet where only one of the facing walls has windows.

Thirty-five feet where both of the facing walls have windows.

Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building or building wing.

Building length. No principal building, when viewed from any elevation, shall be greater than 175 feet in length.

Garages and/or carports, when not attached to a principal building, shall be located no closer than 25 feet to a facing wall of a principal building containing windows, nor closer than 15 feet to a facing wall of a principal building which does not contain windows, and shall not face any street external to the site.

Distance between principal buildings and internal drives. No multifamily dwellings shall be located closer than 25 feet to any access drive or internal roadway.

Distance between principal buildings and parking areas. No principal building shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports, which are attached to principal buildings.

Garage and/or carport parking spaces shall count toward meeting off-street parking requirements in multifamily zones in accordance with § 490-98I(1)(b)[4] of this chapter.

Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of § 490-81B of this chapter.

Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dusk to dawn. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.[1]

Editor's Note: Original § 25-8.19l, Recreation, amended 10-23-2006 by Ord. No. 2006-50, which immediately followed this subsection, was repealed 8-24-2009 by Ord. No. 2009-41.

Buildings shall have no more than two dwelling units in a line without setbacks and/or breaks in building elevation of at least five feet.

Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the Planning Board, shall be provided where normal pedestrian traffic is likely to occur.

Internal roadways shall be constructed in accordance with the standards for public streets in this chapter, and, for developments of more than 40 units, at least two points of access to primary, arterial or major collector streets must be provided.

Minimum gross habitable floor area requirements:

Efficiency units: 750 square feet.

One-bedroom units: 900 square feet.

Two-bedroom units: 1,000 square feet.

Three-bedroom units: 1,250 square feet.

The percentage of three-bedroom units to the total number of dwelling units shall not exceed 50%. The combined percentage of two- or three-bedroom units to the total number of dwelling units shall not exceed 80%. No unit larger than a three-bedroom unit shall be permitted.

All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom.

§ 490-97 Off-street loading.

For every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain in excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review.

Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

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

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

Off-street loading and unloading areas shall conform, as applicable, to all design and locational standards set forth for off-street parking, including, but not limited to, those set forth in § 490-98 of the Code of the Borough of Red Bank.

§ 490-98 Off-street parking.

[Amended by Ord. No. 1988-21; Ord. No. 1990-23; Ord. No. 1999-6]

In all zones and in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards:

Type of parking permitted. Each dead storage bay of an off-street parking space may be perpendicular with the aisle, parallel with the aisle, or at any angle between 60° and 90°. No angle parking layout shall be permitted with an angle less than 60°.

Stall size.

Automobiles. Each perpendicular or angle off-street parking space shall occupy a rectangular area of not less than nine feet in width and 18 feet in depth, exclusive of access drives and aisles, except that parking spaces for the physically handicapped shall be 12 feet wide. Parallel parking spaces shall occupy a rectangular area nine feet by 21 feet.

Other vehicles.

Uses that own, rent or service motor vehicles larger than automobiles which must be parked and/or stored on the site shall indicate in the statement of operations submitted with the site plan the size of such vehicles and the anticipated largest number of such vehicles to be stored and/or parked on the site at any single time, and the site plan shall show a sufficient number of parking and/or storage stalls at an adequate size for the largest number of such vehicles to be parked and/or stored on the site at any one time. Aisles providing for access to such parking and/or storage stalls shall be of adequate width for the vehicles to be served.

Failure of an applicant to indicate, where applicable, in the statement of operations that vehicles larger than automobiles are to be parked and/or stored on the site and provide for such parking and/or storage on the site plan shall be a violation of this chapter, and any building permit or certification of occupancy that has been issued shall not be valid and may be revoked.

Any change of use to a use which requires parking and/or storage space for a greater number of vehicles larger than automobiles than the previous use shall be required to make application for site plan approval.

When off-street parking is provided in connection with a use which will assign or can control the utilization of parking areas (for example, employee only parking areas), the municipal agency may approve separate parking areas for subcompact vehicles having a length of less than 17 feet and a width of six feet or less. Within such areas, the municipal agency may approve the reduction of stall size to eight-foot width and a sixteen-foot length. Appropriate signing and marking shall be required. The number of parking stalls which may be designed for subcompact vehicles shall be determined by the municipal agency based upon documentation submitted by the applicant.

When the municipal agency determines that off-street parking is proposed in connection with an industrial or business use, primarily for occupancy by employees who park for a full shift, for long-term parking related to transportation uses or for similar uses with low space turnover (parking duration approaching or exceeding eight hours), the municipal agency may approve a reduced parking stall width; however, in no event shall stall width be less than eight feet for conventional spaces and seven feet for subcompact vehicle spaces.

Aisle widths.

Two-way aisles shall be not less than 24 feet wide.

One-way aisles from which cars directly enter or leave parking spaces shall not be less than 24 feet wide for perpendicular parking or for parking at any angle greater than 75°, 20 feet wide for parking at any angle greater than 60° and 18 feet wide for parking at any angle greater than 45°.

Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.

Access drives. (See Figures XI and XII.)

Entrance and exit drives shall have a minimum width of 18 feet for those designed for one-way traffic and 24 feet for those carrying two-way traffic.

Parking areas for 25 or more cars and access drives for all parking areas on arterial highways shall provide curbed return radii of not less than 15 feet for all right turn movements and left turn access from one-way streets and concrete aprons on entrance and exit drives.

Parking areas for less than 25 cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

The municipal agency may require that access drives for developments of 100 or more spaces be designed in accordance with requirements for municipal streets.

Access drives for single- and two-family dwellings shall utilize concrete aprons without curb returns regardless of size or location. Such drives shall have a minimum width of 10 feet and a maximum width of 12 feet when they provide access to a one-car garage or when there is no garage or a maximum width of 24 feet when they provide access to a two-car (or larger) garage. All such drives shall utilize either pavement, gravel, concrete tire channels or decorative pavers.

[Amended 8-21-2019 by Ord. No. 2019-35]

Maximum curb depression width for single- and two-family dwellings shall be the driveway width plus four feet, but not more than 25 feet, and for all other uses shall be the driveway width plus 10 feet, but not more than 35 feet.

All aprons, drives, curbs and aisles shall be arranged so as to provide at least three-foot clearance from adjacent property lines (or from extensions of property lines to the street line).

Figure XI

Figure XII

Paint striping. All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to ensure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Uniform Manual on Traffic Control Devices, except that all parking stall marking shall be hairpin style, with eight inches between parallel stall dividing lines.

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

Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast-in-place concrete curbing (See Figure No. IX.) with a six-inch face or such alternate curb types as may be approved by the municipal agency at the time of site plan approval. The municipal agency may waive the requirement for curbs in parking areas open only to employees, service vehicles or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.

Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in § 490-100 of this chapter, except as follows:

Parking areas for less than 50 cars, which the municipal agency determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FA-BC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 490-100 of this chapter. Rigid portland cement concrete pavement may be utilized at the option of the applicant, who shall submit pavement details for review. Minimum requirements shall be a thickness not less than five inches, reinforcing at least equivalent to welded wire fabric (66-1212), Class "C" concrete (air-entrained) and appropriate expansion and/or contraction joints.

In parking areas for 100 or more cars, access drives and aisles, which the municipal agency determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for local, local collector and minor collector streets set forth in § 490-100 of this chapter.

Provisions for the locations of parking spaces; safety islands and raised medians; and handicapped parking.

Location of parking spaces.

Parking for all uses in all zones shall not be located in any required front yard area, nor between any existing or proposed building (or the extension of the planes of the exterior surface of any existing or proposed building to the lot boundaries) and any street right-of-way line, except that parking for single- and two-family dwellings shall not be subject to yard area location restrictions, but shall only be permitted in access drives meeting the requirements of Subsection D of this section.

For garages for single- and two-family dwellings, the following shall apply:

Garage space may provide for both or for one of the required spaces, and a second space may be arranged in tandem.

Except for attached single-family dwellings, garages, whether attached or detached, shall be arranged to open to the side or rear of the lot, except fully detached garages, located entirely to the rear of the principal building.

If no garage is provided, the parking spaces required by this chapter may not be located in any required front setback area, notwithstanding that parking is permitted in the front setback area by § 490-98I(1) of this chapter.

For uses other than single- and two-family dwellings, the following shall apply to spaces:

Garage space may provide the required parking spaces for all uses except multifamily dwellings.

For multifamily dwellings, each garage space will count as 0.5 of a required space, unless there is provided a driveway at least 20 feet long in front of the garage, in which case each garage shall count as 1.3 of a required space.

All required parking spaces and facilities shall be located on the same lot or parcel as the structure or use it shall serve, except, in the case of nonresidential uses, parking facilities may be provided on other lots or parcels within a radius of 500 feet from the boundary of the lot containing the principal use and subject to deed restrictions binding the owner and his heirs, successors and assigns to maintain the required number of spaces available and required facilities throughout the life of such use.

Safety islands and raised medians. Where parking, other than single- and two-family dwellings, is permitted between the front building line, whether by variance or by approval of a design deficiency, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements: (See Figures XI and XII.)

The width of the safety island shall be that width between the proposed curbline to a point eight feet inside the property line. When this width is less than 18 feet, the parking area shall be reduced to provide a minimum width for the safety island of 18 feet. All required tree and shrub plantings shall be placed on the on-site portion of the safety island.

When perpendicular or angled parking spaces abut the safety island, the stall depth shall be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than sixty-degree-angle spaces. Such parking spaces shall be separated from access drives by curbed islands with a minimum width of 10 feet.

Safety islands shall be landscaped, topsoiled, and seeded, except that they may, as an alternative to seeding, be provided with a cover or mulch of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree at least three inches in caliper (measured six inches above ground level) every 40 feet, or part thereof, on all for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs. The portions of the safety island within 25 feet of any access drive or street intersection shall be planted with evergreen shrubs less than 30 inches in height. Alternate or additional plantings may be permitted by the municipal agency in accordance with an approved site plan.

[Amended 12-12-2018 by Ord. No. 2018-39]

No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted within 10 feet of the street right-of-way.

Handicapped parking. Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with state regulations. Parking spaces for the physically handicapped shall be a minimum of 12 feet in width, and the number of spaces to be provided shall be determined by the following table:

	Total Parking Spaces in Parking Area	Minimum Number of Spaces to be Provided for Physically Handicapped
	Up to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	Over 100	1 space for each 50 spaces over 100 spaces

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

A safety island where parking is provided in the front yard area.

A five-foot unbroken landscaping strip along side and rear property lines. The five-foot landscaping strips shall have the same minimum planting requirements as safety islands, except that:

Where screening is required under this chapter, the screening requirements shall take precedence.

Where the property abuts a lot zoned for nonresidential purposes, but utilized for residential purposes, the Planning Board may also require screening.

Not more than one two-way drive or two one-way drives shall be permitted on any street.

Where possible, access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street.

No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall.

All parking areas for 10 or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives. For multifamily uses, such lights shall be operated from dusk to dawn, and for all other uses, when the site or structure is occupied. Freestanding light poles shall be no higher than the height of the highest principal building plus five feet. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.

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

All the minimum design standards for small parking areas.

All entrance drives shall extend a minimum distance of 100 feet back from the street curbline or to an access aisle.

All exit drives shall extend a minimum distance of 60 feet back from the street curb or to a major access aisle.

No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.

Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. The drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.

Access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which, in the opinion of the municipal agency, will generate large traffic volume, access drives shall not be located closer than 200 feet to the nearest right-of-way line of an intersecting street.

No driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.

Properties having a frontage in excess of 500 feet on any one street shall be permitted two-way and one-way access drives providing for not more than two entrance and two exit movements on the street. Properties having a frontage in excess of 1,000 feet on any one street may be permitted to have additional access drives subject to the approval of the Planning Board.

Where the municipal agency determines that the total number of off-street parking spaces required by this chapter may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area, but not less than 75% of the required spaces, be completed initially, subject to the following regulations:

The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this chapter.

The site plan shall provide for adequate drainage of both the partial and total parking areas.

The portion of the parking areas not to be paved initially shall be landscaped in accordance with § 490-81C of this chapter.

The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article VII of this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking shown on the site plan and apply to the Construction Official for issuance of a permanent certificate of occupancy or apply to the municipal agency after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the municipal agency determines that the parking facility is adequate as originally constructed, the performance guarantees may be released and a permanent certificate of occupancy issued. If, however, the municipal agency determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.

Any change of use on a site for which the municipal agency may have approved a partial paving of off-street parking areas to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan.

Parking area landscaping. Every parking lot with more than 100 spaces shall be divided as nearly as possible into smaller lots of 50 spaces separated by landscaped dividing strips, excepting the area for access aisles. The plantings required within the parking area shall be considered exclusive from any other plantings that may be required for screening or safety island planting. All landscaping for dividing strips shall be shown as part of the detailed landscaping plan submission, where required. The following criteria shall apply for internal landscaped dividing strips:

They shall have a minimum width of 10 feet.

They shall be seeded and topsoiled. The use of maintenance-free material other than seeding and topsoil may be permitted if the same provides a safe and attractive alternative.

Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees at least three inches in caliper (measured six inches above ground level) with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in accordance with the appropriate requirements of § 490-81 of this chapter. The area between trees shall be planted with a minimum of three evergreen-type shrubs.

[Amended 12-12-2018 by Ord. No. 2018-39]

The depth of perpendicular or angled parking stalls, which abut a landscaped dividing strip, shall be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and two feet outside the face of the curb for 60° angle spaces.

All portions of every site not utilized for pedestrian paths, parking, access drives, loading areas or approved outdoor storage and not covered by buildings or other construction shall be landscaped as provided in § 490-81 of this chapter. This shall include areas immediately adjacent to the site on public rights-of-way between curb and sidewalk or the property line of the site.

Retaining walls and embankment slopes.

In the event that parking is proposed on a lot or site having a slope greater than 10%, regardless of size, it shall be terraced, utilizing retaining walls or properly reinforced embankment slopes and providing for adequate safety, stability and drainage. At no time should an embankment slope that is not reinforced, or any other earthen material having a greater elevation than the adjacent parking area, have a slope exceeding a ratio of three to one.

When retaining walls, terraces, embankment slopes or similar types of earthen retaining devices are necessitated adjacent to or within the parking area, they shall be kept in good repair or otherwise maintained so as to keep the parking area free of debris and dirt.

Access to adjoining property. No unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners or possessors of adjacent properties, or if required by the municipal agency, shall normally be limited to one opening providing two lanes of traffic and shall be located in such a manner as to offer continuity of a similar access drive on the adjacent property. The opening shall occur at a point having the greatest distance from the street line which would facilitate the joining of properties. Access shall normally be denied across the remainder of the sidelines by construction of a landscaped dividing strip, five feet in width, on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip at least five feet wide. All dividing strips shall be landscaped as provided in this section. The municipal agency may also require that provision be made for future connection to adjacent undeveloped properties.

Minimum off-street parking spaces required.

Use				Spaces Required
1.	Automotive repair garage or body shop NOTE: The spaces required shall be reserved for employees and customer parking and shall be in addition to any areas used for display or vehicle storage.			2 per 1,000 square feet GFA
2.	Automotive sales and service See note under No. 1 above.			2 per 1,000 square feet GFA
3.	Automotive service station See note under No. 1 above.			5 per each service bay
4.	Banks, savings-and-loan associations and other similar financial institutions NOTE: If more than 50% of the gross floor area is occupied by offices of an administrative nature, the parking requirements for offices may be used.			3.5 per 1,000 square feet GFA
5.	Barbershops and beauty shops			3 per each chair, but not less than 5 per 1,000 square feet GFA
6.	Bowling alley NOTE: Other uses to be computed separately in addition to this requirement.			3 per each alley
7.	Car washes NOTE: Plus off-street storage (stacking) space equal to five times the number of vehicles than can be in the car wash process at any time. The employee parking requirement for self-service facilities shall be two spaces.			5 per each wash line
8.	Church, temple or chapel (main congregation area only used in calculation):
	(a)	When individual seats are provided		1 per each 4 seats
	(b)	When benches (pews) are provided		1 per each 80 inches of bench
	(c)	When no fixed seating is provided		20 per 1,000 square feet GFA
9.	Community center, library, museum, art gallery, not including auditorium or lecture-hall-type facilities			5 per 1,000 square feet GFA
10.	Community club, private club lodge			8 per 1,000 square feet GFA
11.	Dwellings:
	(a)	Single-family		2 per dwelling unit
	(b)	Two-family		2 per dwelling unit
	(c)	Multifamily:
		(1)	Efficiency units	1 per dwelling unit
		(2)	Restricted adult units, age 52 or older	1.5 per dwelling unit
		(3)	Three-bedroom or more	2.5 per dwelling unit
		(4)	Other	2 per dwelling unit
12.	Furniture and appliance sales or similar uses requiring large amounts of storage:
	(a)	For the first 5,000 square feet GFA		2.5 per 1,000 square feet GFA
	(b)	For that portion over 5,000 square feet GFA		2 per 1,000 square feet GFA
13.	Hardware, plumbing, electrical and auto supply stores which are not of a general retail nature			2.5 per 1,000 square feet GFA
14.	Hotel, motel NOTE: Each commercial or public assembly use within the building shall be computed separately. At the Board's discretion, required parking for these uses may be reduced by up to 50% of the guest room parking.			1 per each room, plus 1 per each 3 employees
15.	Laundromats or similar coin-operated cleaning facilities			4.5 per 1,000 square feet GFA or 1 per 3 machines, whichever is greater
16.	Manufacturing, light industrial, research or testing laboratory, bottling plant and similar uses NOTE: If assembly or other substantial operations are undertaken outside of a structure, the municipal agency may require additional spaces.			2 per 1,000 square feet GFA
17.	Marinas:
	(a)	Marina or boat slips in connection with or as an accessory use to an adjacent residential use		0.5 space per each
	(b)	All other marina, boatyard, boat sales, boat slip uses		1.5 per each boat slip, plus 2 per 1,000 square feet GFA of any indoor sales facility
18.	Meeting rooms, assembly, exhibition halls, auditoriums			20 per 1,000 square feet GFA
19.	Mortuary, funeral home			10 per 1,000 square feet GFA
20.	Nightclubs			20 per 1,000 square feet GFA
21.	Nursery school, day camp or similar uses			2 per 1,000 square feet GFA
22.	Office uses: [Amended 4-13-2009 by Ord. No. 2009-10]
	(a)	Medical or dental		5 per 1,000 square feet GFA
	(b)	Professional (other than medical or dental)		5 per 1,000 square feet GFA
	(c)	Other, including business, mixed business/professional/medical and general office uses		5 per 1,000 square feet GFA
	(d)	Government offices		To be determined by the municipal agency based on the specific needs of the proposed use
23.	Public and private utilities, electrical substations, gas regulators, waterworks, pumping stations, and similar uses			To be determined by the municipal agency based on the specific needs of the proposed use
24.	Primary food-service establishments (with seating): [Amended 9-28-2009 by Ord. No. 2009-30]
	(a)	Less than 1,000 square feet GFA		6 spaces per 1,000 square feet GFA
	(b)	1,000 square feet GFA to 5,000 square feet GFA		10 spaces per 1,000 square feet GFA
	(c)	Greater than 5,000 square feet GFA		14 spaces per 1,000 square feet GFA
25.	Primary liquor-service establishments			15 per 1,000 square feet GFA
25a.	Retail food establishment [Added 9-28-2009 by Ord. No. 2009-30]			4 per 1,000 square feet GFA
26.	Recreation facilities not otherwise enumerated			To be determined by the municipal agency based on the specific needs of the proposed use
27.	Retail, not otherwise specified:
	(a)	Supermarkets, grocery stores		4.5 per 1,000 square feet GFA
	(b)	Bakeries, confectioneries, dairy products and fruit and vegetables		3 per 1,000 square feet GFA
	(c)	Printing, photographic and reprographic (excluding light-industrial-type printing operations)		2.5 per 1,000 square feet GFA
	(d)	Other retail NOTE: Over 40,000 square feet GFA, see "shopping centers."		4 per 1,000 square feet GFA
28.	Studio, art, music, dance, gymnastics and similar, used for the primary purpose of giving instruction and not for shows or exhibitions, and other personal service uses not otherwise specified herein			5 per 1,000 square feet GFA
29.	Schools (public or private):
	(a)	Elementary		12 per 100 students
	(b)	Middle or junior high school		18 per 100 students
	(c)	High school NOTE: Number of students to be determined on design capacity.		25 per 100 students
30.	Shopping centers:
	(a)	Up to 40,000 square feet GFA		4 per 1,000 square feet GFA
	(b)	For the next 35,000 square feet GFA		3.75 per 1,000 square feet GFA
	(c)	For that portion over 75,000 square feet GFA		3.5 per 1,000 square feet GFA
31.	Theaters			1 per 3 seats
32.	(Reserved)
33.	Warehouse, wholesale, machinery and large equipment sales			1 per 1,500 square feet GFA, plus 1 per each employee
34.	Hospitals and related uses in Medical Services District:
	(a)	Hospital uses		1 space per 3 beds (acute)
				2 spaces per each 3 employees on largest shift
				1 space per 2 doctors on staff
				1 space per each 6 student nurses
				1 space per each 2 student technicians
				1 space per each 2 residents, interns, externs
				1 space per 2 visits to outpatient department calculated over a nine-hour period between 8:00 a.m. and 5:00 p.m. during a normal average working day
				1 space per 10 beds for visitors (extended care)
	(b)	Group practices, professions or other medical offices		1 space per each 200 square feet GFA
	(c)	Professional/business or administrative offices		1 space per 300 square feet GFA
	(d)	Nursing, convalescent or rest home		1 space per each 3 beds, plus 1 space per each 2 employees, including nurses and staff

Criteria for determining required parking spaces. In computing the number of the above required parking spaces, the following rules shall govern:

Where fractional spaces result, the required number shall be construed to be the nearest whole number.

The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the municipal agency based upon that use mentioned herein which is most similar to the proposed use. If there is no use enumerated herein having sufficient similarity to the use proposed to enable the municipal agency to establish rational parking requirements, the municipal agency may, in its discretion, direct the applicant to furnish the municipal agency with such data as may be necessary to enable the municipal agency to establish rational parking requirements.

Nothing in the above requirements or in this subsection shall be construed to prevent the joint use of off-street parking facilities by three or more uses on the same site (which will be termed "shared parking").

Application prerequisites for the use of shared parking:

The land uses and common parking facility must be owned by the same developer/owner and located in close proximity to one another.

Parking spaces to be shared should not be preserved for certain individuals or groups on a twenty-four-hour basis.

Any subsequent change in land uses within the mixed-use development will require proof that sufficient parking will be available.

The applicant shall agree to establish and maintain facility operational characteristics which will accommodate, maintain and encourage the shared parking concept. The applicant will provide assurances, sufficient to satisfy the municipal agency, that such operational characteristics, including, but not limited to, hours, space assignments, security, rates and ownership and control, will complement the shared parking concept. If the municipal agency determines it necessary, it may require execution of a developer's agreement (or similar operation agreement) between the developer and the Borough Council (or other parties concerned) to assure the effectiveness of the shared parking concept proposed by the applicant.

Periods of peak parking accumulation. According to recent studies, typical periods of peak accumulation for land use that can utilize shared parking include:

	Land Use	Period of Peak Accumulation
	Office/industrial	Weekday: daytime
	Retail	Weekday: daytime
	Hotels	Weekday: evening
		Weekend: evening
	Restaurants	Weekend: daytime and evening
	Entertainment/recreational	Weekday: evening
		Weekend: evening

Percent standards for shared parking. The following percentages are to be used for calculating shared parking:

	Weekday		Weekend		Nighttime
Use	Daytime (9:00 a.m. to 4:00 p.m.)	Evening (6:00 p.m. to 12:00 midnight)	Daytime (9:00 a.m. to 4:00 p.m.)	Evening (6:00 p.m. to 12:00 midnight)	(12:00 midnight to 6:00 a.m.)
Office/industrial	100%	10%	10%	5%	5%
Retail	60%	90%	100%	70%	5%
Hotel	75%	100%	75%	100%	75%
Restaurant	50%	100%	100%	100%	10%
Entertainment/ recreational	40%	100%	80%	100%	10%

NOTE: The above percentages are based on normal working shifts; if unusual working hours exist for a particular use, the Planning Board can require adjustments.

Calculation methodology:

Determine the minimum amount of parking required for each land use as though it were a separate use;

Multiply each amount by the corresponding percentage for each of the five time periods;

Calculate the column total for each time period;

The column total with the highest value is the parking space requirement subject to reduction for size;

Reduction for size. The parking requirement determined from the calculation procedures shall be reduced as follows:

Parking Requirement Determined from Calculation Procedure	Reduction (%)
Less than 150 spaces	No reduction
150 but less than 500 spaces	5%
500 but less than 2,000 spaces	8%
2,000 or more spaces	10%

NOTE: Residential uses are not included in the shared parking standards because this use usually has reserved parking spaces for residents. The reservation of parking areas would preclude the sharing of these spaces. If an applicant can justify and demonstrate that residential parking would not be reserved, the Planning Board, at its discretion, may permit shared residential parking.

No part of off-street parking required by a structure or use shall be included as part of an off-street parking requirement of another use unless substantial proof and assurances are presented and it is determined by the municipal agency that the use of this parking will not be simultaneous.

The municipal agency may consider requests for design waivers or design deficiency approvals for deficient parking, provided at least 90% of the parking spaces required by this subsection are proposed. If less than 90% of the parking spaces required by this subsection are proposed, an application for a bulk variance must be made by the applicant.

An application for a parking space variance (a deficiency of more than 10%) must, when such deficiency is 15 or more spaces, include a report by and, where applicable, testimony by a traffic engineer, or other person with particular expertise in parking acceptable to the municipal agency, in order to assess the probable impact of the proposed deficiency on the site, on affected nearby properties and on existing parking supply and traffic patterns in the vicinity of the site.[1]

Editor's Note: Former Subsection P(7), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, as amended, which immediately followed this subsection, was repealed 4-12-2017 by Ord. No. 2017-13.

Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.

[Added 11-29-2017 by Ord. No. 2017-36; amended 4-26-2023 by Ord. No. 2023-12]

Purpose. The purpose of this Subsection Q is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

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

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the Act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection Q(4) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection Q(3)(a) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The administrative official shall enforce all signage and installation requirements described in this Subsection Q. Failure to meet the requirements in this Subsection Q shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Red Bank's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

An application pursuant to Subsection Q(3)(e) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the administrative official within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements. A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection Q(4)(a) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

[7]

[8]

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 490-98O.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection Q(4) above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation.

Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE parking.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection Q(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Private parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

[Amended 12-14-2023 by Ord. No. NP2023-21]

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection Q(6)(e) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Red Bank's ordinances and regulations.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection Q(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

[7]

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Red Bank shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

[8]

For EVSE, the disconnecting means shall be provided and installed in a readily accessible location. If the disconnecting means is/are installed remote from the EVSE, a plaque or signage shall be installed on the EVSE denoting the location of the disconnecting means. The disconnecting means shall be lockable open in accordance with 110.25 of the current edition of the NFPA 70. This subsection shall be enforced by the Electrical Subcode Official.

Signs.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection Q(6)(e)[2] above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

Hours of operation and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

[c]

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

Publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be $4 for each hour that the electric vehicle is connected to the EVSE.

This fee may be amended by a resolution adopted by the governing body.

Private EVSE. Nothing in this Subsection Q shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

Leasing or renting of parking spaces.

[Added 7-18-2018 by Ord. No. 2018-19]

Private property owners, meeting the following requirements, may lease or rent unutilized parking spaces on their property.

A development permit is required.

A survey shall be provided indicating the location and time of each parking space to be leased or rented.

A statement shall be provided indicating the availability of parking spaces during the lease time.

No stacked parking shall be allowed unless the spaces are utilized by a bona fide valet service.

Parking lots associated with a vacant building may be leased for no more than six months with the option for one renewal.

Personal vehicles only. Commercial vehicles, vehicles for hire or unregistered or inoperable vehicles are prohibited.

Leased spaces must be a minimum of 10 feet from the property line of an adjoining residential use.

Adequate fire lanes are to be maintained, with any parking within the fire lanes enforceable by the Police Department.

Adequate handicapped parking spaces are to be provided which are only to be utilized by handicapped placard holders.

Stormwater recharge elements. New parking lots with 10 or more spaces and existing parking lots expanding by 10 or more spaces shall provide stormwater recharge elements that shall include at least two of the following: pervious pavement, tree filter boxes, rain gardens, bioswales or stormwater planters.

[Added 8-21-2019 by Ord. No. 2019-38]

§ 490-99 Private swimming pools.

[Amended by Ord. No. 1994-19]

Type of pools:

Permanent underground.

Permanent aboveground: aboveground pools equipped with fences built above the top level of the pool.

Temporary aboveground: aboveground pools not equipped with fences built above the top level of the pool.

Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

Building permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Borough as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

Pool location. An outdoor private swimming pool shall be located not less than eight feet from the side or rear of the residence on a building lot, to the rear of the building setback line.

Pump location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line.

Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.

Enclosure.

Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two-inch square, and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high, and if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Permanent aboveground pools constructed with an attached fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart need no additional fencing.

Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or padlock and chain and shall be kept locked, except when the pool is in use.

Yard setback requirements. The yard setback requirements for the zoning district in which the property is located are applicable to the footprint of the external edge of the pool structure and improvement structures associated with the pool, including, but not limited to, walkways, aprons, patios, platforms or decks adjacent to or associated with the pool or walkways; provided, however, fencing around the pool is not subject to the structural setback requirements.

§ 490-100 Roadway construction.

General requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities, including service connections (terminating at least two feet behind sidewalk) to each lot and all storm drains, shall be installed in all roadway areas prior to the construction of final pavement surfaces.

Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any development.

Pavement structure design.

The pavement structure design for each particular development utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.

As a minimum requirement, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 1/2 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets, having a minimum wear surface of not less than 1 1/2 inches of pavement, Type FA-BC-1, and a minimum bituminous stabilized base course of not less than 3 1/2 inches and dense graded aggregate base course to provide the remaining depth, and an equivalent structural depth of at least 14 inches for other street classification, having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FA-BC-1, a minimum bituminous stabilized base course of not less than 5 1/2 inches, and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a one to three ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications.

Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation, or construction of underdrainage fields. Any proposals by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.

Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Dense Graded Aggregate Base Course, or I-4 or I-5 Soil Aggregate. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, I-8 Soil Aggregate. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

Bituminous base course.

Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single-lift maximum thickness not exceeding four inches.

Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

Bituminous pavements.

Bituminous pavements shall consist of a bituminous concrete surface course, Type FA-BC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the discretion of the Borough Engineer.

If the Borough Engineer directs, a leveling course of FA-BC material shall be placed on uneven or below-grade base pavement surfaces. Bituminous concrete surface course shall not be placed unless permission to do so has been granted by the Borough Engineer.

Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such alternate detail must be recommended by the Borough Engineer and approved by the municipal agency; where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.

Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the municipal agency.

§ 490-101 Screening of equipment or machinery.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:

Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season; and

A solid and uniform fence at least five feet in height on four sides of the equipment; or

A masonry wall at least five feet in height on four sides of said equipment; or

Extensions or parapet walls or mansard rooflines or structural or ornamental screens or baffles; or

Any similar types of solid or uniform screening, which will prevent exposure of such equipment to public view.

The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

§ 490-102 Sewage disposal.

The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Red Bank Borough Department of Public Utilities.

Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Red Bank Borough Department of Public Utilities and filed with the municipal agency, or the final approval will be conditioned upon full approval of the Red Bank Borough Department of Public Utilities.

§ 490-103 Sidewalks and aprons.

General requirements.

Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

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

Sidewalk construction.

Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that its width be increased (to a maximum of eight feet for residential uses and a maximum of 15 feet for commercial and mixed uses). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. All unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or 1/3 points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer. The Engineer may also require the four-inch-thick sidewalk be similarly reinforced if unsuitable ground conditions are encountered.

Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses and shall be reinforced with welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer, located at the midpoint or 1/3 points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.

Driveway depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.

Alternate sidewalk or apron types and/or locations.

In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.

Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Borough Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event the Borough Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the municipal agency.

Curb ramps for the physically handicapped.

Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. In general, two curb ramps shall be constructed at each corner. (See Figure No. XIII.) A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two-ramp system. (See Figure No. XIV.)[1]

Editor's Note: Amended at time of codification of the Planning and Development Regulations.

Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Figures No. XIII and XIV. If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four corners of full intersections and at the two corners plus a location across the street from both of the ramps at "T" intersections.

The developer shall submit a detailed intersection grading plan for approval of the Borough Engineer prior to installation of the curbs, sidewalks and curb ramps at the intersection.

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

Figure XIII

Figure XIV

§ 490-104 Signs.

[Amended by Ord. No. 1988-21; Ord. No. 1992-28; Ord. No. 1999-6; Ord. No. 2002-17; Ord. No. 2003-41]

All signs shall conform to the provisions of this section and to the applicable requirements of the New Jersey Uniform Construction Code.

General objectives:

To protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.

To encourage signs which promote a desirable visual environment through creative yet orderly design arrangements.

To encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes.

To encourage the replacement of nonconforming signs by conforming signs through the strict enforcement of the procedures and requirements of this section.

Application shall be made to the administrative officer for the issuance of a development permit by any person wishing to erect, alter, modify or expand any sign, except minor signs as described in Subsection D(1) of this section. The development permit shall be decided and acted upon in accordance with this chapter and the Municipal Land Use Law.[1]

[Amended 12-12-2018 by Ord. No. 2018-38]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

General standards. The following general standards shall apply to all signs:

Prohibited signs. All signs not specifically permitted are prohibited.

Signs to relate to use of property. All signs, unless specifically stated otherwise in this section, shall relate to the use or occupancy of the property upon which the sign is located.

Modification of graphic content. The graphic content of a sign may be modified without obtaining a development permit, provided that the proposed graphic content complies with all applicable provisions of this section, except that any condition of approval contained in a resolution of either the Planning Board or Board of Adjustment, which specifies graphic content of the sign, shall require that a new or amended approval be issued by said Board prior to graphic content modification.

Illumination.

Unless specifically stated otherwise in this section, all signs may be either internally or externally illuminated in accordance with the standards found in § 490-54C(12) of this chapter.

An illuminated sign located on a lot adjacent to or across the street from any residential district and visible from such residential district shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business during those hours.

No sign shall contain blinking, flashing, flickering, tracer or sequential lighting and shall remain stationary and constant in intensity and color at all times.

All wiring for permanent illuminated signs shall be installed and maintained so that it is not within public view. The running of wiring or conduit along the exterior wall of a building to access a sign is specifically prohibited, except that the Construction Official may permit exterior conduit if in the judgment of the Official there is no practical way to run the conduit so that it is not within public view.

Intensity of illumination. For purposes of illumination, existing areas are classified as either low- or high-illumination areas.

A "low-illumination area" is defined as places where, at night, the average maintained footcandle level is equal to or less than 1.5 footcandles.

A "high-illumination area" is defined as places where, at night, the average maintained footcandle level is greater than 1.5 footcandles.

For externally lighted signs, the following shall apply:

	Maximum Illumination (watts/feet²)
Lamp Type	Low-Illumination Area	High-Illumination Area
Incandescent	7.1	14.3
Quartz	7.1	14.3
Fluorescent	2.1	4.2
Mercury vapor	2.1	5.7
Metal halide	1.6	3.2
High-pressure sodium	1.4	2.9

For internally lighted signs, the following shall apply:

	Maximum Illumination (watts/feet²)
Lamp Type	Low-Illumination Area	High-Illumination Area
Fluorescent	8.0	12.0
Incandescent	27.2	40.0

Lit signs, both internally and externally illuminated, facing and visible from the Navesink River or Swimming River are specifically prohibited.

[Added 6-19-2019 by Ord. No. 2019-23]

Obstruction of accessways. No sign or sign structure shall obstruct a fire escape, door, window, or other required accessway. No sign shall be attached to a standpipe or fire escape, except those signs required by the Municipal Authority.

Obstruction of window surface. No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any application by any applicable law, ordinance or regulation.

Traffic safety.

No sign shall be maintained at any location where, by reason of its position, size, shape, content or color, it may, in the opinion of the Chief of Police, obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device or where it may interfere with, mislead or confuse traffic.

No sign which uses the words "stop," "look," "caution," "danger," or any similar wording, which may confuse or mislead the public, shall be permitted.

No sign, nor any part of a sign, shall obstruct the sight triangle required by § 490-34 of this chapter.

Signs in right-of-way. No sign or any part of a sign, except approved projecting signs and/or sidewalk signs or publicly owned or authorized signs, shall be placed or extend into or over any public right-of-way.

[Amended 12-12-2018 by Ord. No. 2018-38]

Sign permanency. All signs shall be securely affixed in a permanent manner to either the ground or building, unless specifically stated otherwise in this section.

Signs affixed to certain structures. No sign shall be affixed to any roof, tree, fence, utility pole, or other similar structure, nor placed upon motor vehicles which are continually or repeatedly parked in a conspicuous location to serve as a sign; however, nothing is intended to prohibit the placement of signs, not exceeding three feet in any dimension, directing traffic or identifying various parking locations within a lot on light poles and utility poles erected therein. Signs painted on pavement surfaces shall be restricted to traffic control markings only.

Advertising flags, banners, pinwheels. No advertising flags, banners, pinwheels, portable signs, or similar advertising devices shall be permitted, except in accordance with Subsection E(2) of this section or as directed or authorized by the municipality.

Animated or moving signs. No animated or moving signs shall be permitted, except for the required movement of time and temperature displays.

(13)

Painted signs. No sign may be painted directly on the surface of any building, wall, fence or similar structure.

(14)

Sparkling and glittering signs. No sign may utilize reflection-enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters; however, nothing herein is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a property.

(15)

Sign measurement.

Area to be included. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign, unless such structure or bracing is made part of the message or sign face, and provided that such structure or bracing has a total horizontal projected width less than 20% of the sign width or six inches. Where a sign has two sign faces back-to-back and parallel to each other, the area of only one face shall be included in determining the area of the sign.

Area of signs with backing. The area of all signs with backing shall be measured by computing the area of the sign backing.

Area of signs without backing. The area of all signs without backing shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures, emblems and other elements of the sign message with a clearance of at least four inches from any such element.

Area of signs with and without backing. The area of all signs formed by a combination of elements with and without backing shall be measured by combining the area of such elements measured in accordance with the foregoing subsections.

Permitted shape appurtenances to sign area. Notwithstanding the restrictions found elsewhere in this section concerning sign face shape and area, sign shape appurtenances, in accordance with the following standards, shall be permitted and excluded from the computation of permitted sign area:

Permitted sign shape appurtenances applicable to sign types as indicated in Schedule A.[2]

Sign appurtenances shall be permitted only when designed as an integral part of the sign, constructed of similar materials, and graphically compatible in color, shape, position, and scale with the permitted sign face.

Sign appurtenances cannot increase the proposed sign area by greater than 15%.

[c]

Sign appurtenances cannot extend above or below the sign face by a distance greater than 25% of the sign face height.

[d]

Sign appurtenances cannot project outward beyond the face of the proposed sign.

Editor's Note: Schedule A is included as an attachment to this chapter.

Height of signs. Sign height shall be measured between average grade and the highest point of the highest element of the sign.

(16)

Multiple sign faces. No sign may contain more than one sign face, except that two sign faces back-to-back and parallel to each other (no angle between sign faces) (commonly known as a "double-faced sign") shall be permitted. No double-faced sign shall be greater than 18 inches in thickness as measured between sign faces.

(17)

Graphic content coverage. The maximum coverage of any sign face by graphic contents shall not exceed 60%.

(18)

Billboards. Billboards, as defined in § 490-6 of this chapter, shall not be permitted within the Borough. Billboards existing prior to adoption of this section shall be permitted and may be repaired and maintained as required but may not be enlarged or moved from their foundation or support footings. No replacement of a billboard shall be permitted upon removal or demolition of an existing billboard.

(19)

Location. Except for all signs affixed to a building or some other structure, as permitted by this subsection, all other signs shall be erected no closer than eight feet from any curbline. For properties with a principal structure located less than eight feet from the curbline, a sign may be located no closer than 1/2 the distance between that structure and the curbline or may be affixed to that building or principal structure. In no case may any sign be located in the public right-of-way.

[Added 4-14-2008 by Ord. No. 2008-3]

(20)

Letter height. All signs shall have a minimum two-inch letter height.

[Added 12-12-2018 by Ord. No. 2018-38]

Permitted signs.

Minor signs. The following signs shall be considered minor signs and shall be exempt from the requirement of obtaining a development permit:

Governmental signs erected or authorized by a governmental unit.

Nameplate signs, provided that such signs are limited to no more than one wall or ground sign per occupancy; are no more than 75 square inches in area; are nonilluminated, or externally illuminated; and, if a ground sign, are no more than three feet in height.

Warning signs, provided that such signs are limited to no more than two wall or ground signs per occupancy; are no more than three square feet in area each; are nonilluminated; and, if a ground sign, are no higher than three feet in height.

Construction signs, provided that such signs are limited to no more than one wall or ground sign per parcel; are no more than 32 square feet in area; are nonilluminated; and are maintained for no more than 14 days following the conclusion of the construction in question.

Nonilluminated window signs visible in windows of business uses abutting a public roadway or parking facility, provided that the total graphic content coverage area of a window sign shall not exceed 20% of the area of the window in which it is exhibited; provided, however, that a minimum of 20 square feet of window signs will be permitted regardless of window area covered.

[Amended 12-12-2018 by Ord. No. 2018-38]

Special events signs, provided that there are no more than three places in any business at any given time and they are nonilluminated and are maintained for a period of no longer than 45 days before the applicable event nor more than three days after such event.

Real estate signs, provided that such signs:

[Amended 4-14-2008 by Ord. No. 2008-3]

Are limited to no more than one nonilluminated, temporary wall or ground sign pertaining to the lease, rental, or sale of the same lot or building upon which it is placed;

Are not more than six square feet in area per residential lot or 10 square feet in area per nonresidential lot;

Are no higher than six feet if a ground sign;

Are erected or displayed not less than eight feet from any curbline. For properties with a principal structure located less than eight feet from the curbline, the standards set forth in Subsection C(19) of this section shall apply;

Must be removed from the premises within seven days after the property is sold or leased; and

Use of the word "sold" or any other notation to indicate that the real estate is no longer on the market is specifically prohibited.

On-site informational signs, provided that each sign is limited to a wall, window or ground sign of not more than two square feet in area and not more than seven feet in height above grade. The sign may include a business name or logo but shall not include any advertising message. In locations where more than one business share a common vehicular access, signs marking entrances and exits shall contain only the name of the shopping or business center. Multiple signs identifying each tenant or use are specifically prohibited.

Flags and emblems of a government or of a political, civic, philanthropic, educational or religious organization.

(j)

Private sale and event signs, provided that such signs are no more than six square feet in area; are located entirely on the premises where such sale or event is to be conducted or on other private property pursuant to the owner's consent; are clearly marked with the name, address and telephone number of the person responsible for the removal of such sign; are erected not more than 36 hours in advance of such sale or 45 days in advance of such event; and are removed on the day following the conclusion of such sale or event. No more than four signs may be placed on any business property nor more than one on any residential property.

(k)

Portable signs, but only for motor vehicle service stations and subject to these restrictions:

Maximum size: 48 inches by 60 inches.

Maximum two per motor vehicle service station.

May only display price or special sale information.

May only be displayed when station is open for business.

(l)

Traffic signs and signals: temporary or permanent traffic signs and signals installed or authorized by the Borough, county, or state for the purpose of directing and regulating the flow of traffic.

(m)

Public transportation signs: signs indicating public transportation stops when installed or authorized by the Borough or a public transportation authority or agency.

(n)

Vacated property signs, provided that only one such sign shall be provided, either affixed to a building wall or located within a window, not exceeding six square feet in area, nor displayed for longer than 60 days following vacating the property.

(o)

Signs on machines: signs which are an integral part of vending machines, including gasoline pumps, milk and ice machines, provided that they do not collectively exceed three square feet in area per machine.

(p)

Interior signs: signs which are located within buildings and not within 18 inches of a window visible from a public street or public parking facility.

(q)

Political signs. Such signs shall not be more than 14 square feet in area per lot. Signs shall be located entirely on private property pursuant to the owner's consent and shall be clearly marked with the name, address and telephone number of the person responsible for the removal of such signs. Political signs directed towards elections shall be removed within 14 days following such election.

(r)

Special sales signs, meeting the restrictions of Subsection E(2)(a)[1] and [2] of this section, displayed not more than three days prior nor three days after any federally designated holiday.

[Amended 12-12-2018 by Ord. No. 2018-38]

Exempt signs. The following signs, when listed as a permitted accessory use in a specific zone as stated in Article X of this chapter and conforming in all respects to the details for each sign type, shall be considered an exempt development under this section:

Sign types A, B, G1, G2, G3, G4, W1, W2, W3, P1, R1, R2, R3 (See Schedule A.[3]), when not requested as part of an application for site plan, subdivision, or conditional use approval before the Planning Board or Board of Adjustment.

Editor's Note: Schedule A is included as an attachment to this chapter.

Nonexempt signs. The following signs are not exempt and require development permit approval:

Signs that are not listed as a permitted accessory use in the zone.

Signs that do not conform, in all respects, to the details and design standards for the particular type.

(Reserved)[4]

Editor’s Note: Former Subsection D(3)(c), regarding signs requiring the issuance of a conditional use permit, as amended, was repealed 12-12-2018 by Ord. No. 2018-38.

All signs when requested as part of an application for site plan, subdivision, or conditional use approval before the Planning Board or Board of Adjustment.

Signs not permitted.

Signs not permitted or failing to conform to sign standards shall require Planning Board or Zoning Board approval as determined by the administrative officer.

[Amended 12-12-2018 by Ord. No. 2018-38]

Sign classification.

Type A signs. The following signs shall be considered Type A signs:

Memorial signs, provided that such signs are limited to no more than one wall or ground sign per occupancy; are made of durable materials, such as bronze, stone or concrete; are no more than four square feet in area; and are nonilluminated.

Historical or architectural designation signs, provided that such signs are limited to no more than one wall or ground sign per occupancy; are no more than six square feet in area; are not illuminated; and contain no commercial advertising.

Religious institution bulletin signs, provided that such signs are limited to no more than one per site; are no more than 20 square feet in area; and are no greater than six feet in height.

Multiple-family identification signs: identification signs accessory to a multiple-family dwelling, provided that such signs are limited to no more than one wall or ground sign per building; are not more than six square feet in area each; and, if a ground sign, are not more than five feet in height.

Home occupation signs, provided that such signs are limited to no more than one wall sign per occupancy; are no more than one square foot in area; and are nonilluminated.

Housing development signs: signs in conjunction with each housing development as follows:

At the main entry to the development, one nonilluminated ground sign which shall state the name of the development and no other advertising message. The sign shall not exceed 20 square feet in area nor six feet in height.

At the sales or rental office of the development, one externally illuminated or nonilluminated ground sign, advertising the office, not to exceed 10 square feet in area nor four feet in height.

Path-marking signs, the sole purpose of which is to direct the public to the housing development. Four temporary, nonilluminated ground signs may be located within the Borough on private property, subject to written authorization of the property owner. Each sign shall not exceed eight square feet in area and six feet in height. Path-marking signs shall be permitted for a period of six months and may be renewed for additional periods of six months during the construction period.

Signs erected in conjunction with a conditional use permitted within the zone, subject to the sign standards specified in Article IX, Conditional Uses, of this chapter.

Type B signs. The following signs shall be classified as Type B signs:

Special sales signs, subject to these restrictions:

Total of all signs (including window signs) may not occupy more than 40% of the signable area or 100% of the window area within the signable area, whichever is greater.

Window signs may occupy any portion of any window subject to Subsection C(6) of this section.

May be displayed for an aggregate period of not more than 30 days [exclusive of those periods permitted by Subsection D(1)(r) of this section] in any twelve-month period.

Awning signs containing only the name of the business, logo, and street number, restricted to the drop-leaf (fringe) of the awning and occupying an area no greater than 40% of the total drop-leaf area. The drop-leaf of any awning used as an awning sign shall not exceed 10 inches in height. No portion of an awning, other than the drop-leaf (fringe), may be used as a sign.

Other signs. All other permitted signs shall be classified as indicated in Schedule A attached hereto and made a part hereof. Also attached and made a part hereof is Schedule A-1, Historical Sign Colors, which supplements Schedule A.[5]

Editor's Note: Said schedules are included as attachments to this chapter.

Sidewalk signs.

[Added 7-12-2010 by Ord. No. 2010-25; amended 12-22-2010 by Ord. No. 2010-40; 12-7-2011 by Ord. No. 2011-21; 12-19-2012 by Ord. No. 2012-24; 12-18-2013 by Ord. No. 2013-28; 8-24-2016 by Ord. No. 2016-13[6]; 6-19-2019 by Ord. No. 2019-22[7]; 8-10-2023 by Ord. No. NP2023-07[8]]

Pursuant to the provisions of this subsection, signs may be placed in or extend to the public right-of-way.

Exemption from development permit. Sidewalk signs, including sandwich board signs, shall be considered minor signs and shall be exempt from the requirement of obtaining a development permit. However, no sidewalk sign shall be erected without a permit issued by the Borough Clerk in consultation with the Fire Marshal, the Chief of Police and such other officials, or their designees, as may be desirable. An annual application fee of $25 shall accompany each such permit application. Permits shall be valid from January 1 to December 31 of each calendar year.

Permitted zones and sign restrictions. Each business located within the NB, BR-1, BR-2, CCD-1, CCD-2 and HB Zones and having its own separate entrance onto the public sidewalk at street level may place upon the public sidewalk in front of the said place of business and solely during the hours the said business is in operation one sign meeting all of the following restrictions:

The sign shall have a maximum width of 30 inches, maximum height of 42 inches and maximum depth of 20 inches;

The sign shall be located no closer than 10 feet to any side yard property boundary; provided, however, that in the case of a property having a frontage of less than 20 feet, the sign shall be located as near to the center of the frontage as practicable. The sign shall be further located within four feet of either the curb face or the front of the building; provided further, however, that a sixty-inch-wide unobstructed path shall be maintained at all times on the sidewalk;

The sign shall be constructed of weather-resistant materials (No paper, fiberboard, foamcore board, corrugated paper or unfinished wood materials shall be permitted.) and shall be constructed and/or weighted so as to be impervious to the effects of strong winds. The sign shall be maintained at all times in good repair and shall not be permitted to weather, fade, peel, crack or otherwise deteriorate;

Signs located in the Historic District shall be limited to those colors contained in Schedule A-1 Chapter 490;

Sidewalk signs located within the Business Improvement District shall be subject to design review by RiverCenter in accordance with its Design Bulletin No. 11.

Notwithstanding anything contained in this subsection to the contrary, the Fire Marshal and/or Chief of Police shall have the right to prohibit or further restrict the location of any sidewalk sign which, in their sole discretion, they deem by virtue of the sign's construction or location to constitute a safety hazard to the public. Any violation of the provisions of this subsection shall be subject to punishment pursuant to the general penalty provisions at Chapter 1, Article II, of this Code. Each day that a violation persists shall be considered a separate violation of this subsection.

Editor's Note: This ordinance also provided that it shall expire on 12-31-2018.

[7]

Editor’s Note: This ordinance also provided that it shall expire 12-31-2021.

[8]

Editor's Note: This ordinance provided that the expiration date is to be extended through 12-31-2025.

§ 490-105 Solid waste storage.

Solid wastes from all uses other than single- or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area, subject to the following minimum standards:

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

The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any ordinance of the Borough regulating the height of fences and requiring permits therefor.

A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Planning Board approval.

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

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

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

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

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

§ 490-106 Storm drainage facilities.

General requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.

Storm drain pipe. All storm drain pipes shall be either slip-joint-type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service, but, in any event, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding 10%. Concrete pipe below 30 inches (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications. Concrete storm drain pipes, 30 inches or larger in diameter, will be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring-type or other equivalent approved joint. All corrugated metal pipe shall be fully bituminous-coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength. Substitution on an equivalent-gauge basis will not be allowed. All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory curved or mitered pipe may be allowed by the Borough Engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

Inlets and manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

Headwalls. All pipe terminations shall be provided with poured concrete headwalls, precast concrete and sections or corrugated metal end sections in accordance with the approved final plat. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.

Inlet and manhole location.

In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 600 feet.

Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

In general, surface flow length, for flow of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:

Gutter flow widths on local and local collector streets shall not exceed 11 feet, or such narrower width as may be necessary to provide a twelve-foot-wide clear lane in the center of the roadway.

Gutter flow width on minor collector streets shall not exceed nine feet, or such narrower width as may be necessary to provide two twelve-foot-wide clear lanes in the center of the roadway.

Gutter flow widths on major collector streets without shoulders shall not exceed five feet, or such narrower width as may be necessary to provide four ten-foot-wide clear lanes in the center of the roadway.

Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.

Swale gutter flow widths in parking areas shall not exceed 12 feet.

Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in Subsection E(7) of this section.

Maximum design capacities which may be used to determine actual inlet location and spacing are:

Not in sump conditions:

Type B: four cubic feet per second.

Type E (in paved areas): four cubic feet per second.

Type E (in yard areas): 1.5 cubic feet per second.

In sump conditions:

To be individually designed.

Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections.

Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with Subsection H(1) of this section and shall meet the criteria set forth in Subsection H(11) of this section.

Type of inlets and manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B, and all yard inlets shall be Standard Type E; all manholes shall be New Jersey Department of Transportation standard four-foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.

Open channels.

Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Borough Engineer, to prevent erosion. The minimum easement for open-channel sections shall be the maximum design top width of the channel section segment plus 25 feet rounded to the next highest five-foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five feet. Excess velocity, if any, as determined by the Borough Engineer, in open channels must be controlled by sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or riprapped.

Generally, unlined open-channel cross sections shall have side slopes not steeper than four to one for channel depths of two feet or less and not steeper than eight to one for channel depths of more than two feet. Lined open-channel side slopes shall not be steeper than two to one.

The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.

All unlined open-channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low-flow channel using gabions, riprap, lining, one-third pipe sections or other arrangements approved as part of the final plat submission.

Minimum basis for calculations.

Design storm frequency:

For closed conduits, five years; or, if the above results in a conduit size at least equivalent to a twenty-one-inch reinforced concrete pipe, then 10 years; or, if the above results in a conduit size at least equivalent to a thirty-inch reinforced concrete pipe, then 25 years; or, if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced concrete pipe, then 50 years.

For open channels, 10 years; or, if the tributary area exceeds 50 acres, then 25 years; or, if the tributary area exceeds 250 acres, then 50 years. The flooding limits for storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.

For detention facilities, a twenty-four-hour flood with a return period not less than 50 years; or, if the tributary area exceeds 50 acres, then 100 years.

For retention facilities, double the capacity obtained by applying the requirements for detention facilities.

For gutter flow calculations, 10 years for local, local collector and minor collector streets, 25 years for major collectors and minor arterials and 50 years for principal arterials.

Runoff calculations. Runoff determinations should be made using the Rational Formula or, in unusual cases, other methods with the prior approval of the Borough Engineer. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:

	Classification Fully Developed	Range of Coefficient
	Public parks, open space and land conservation	0.15 to 0.30
	Low-density residential	0.30 to 0.45
	Medium-density residential	0.40 to 0.60
	High-density residential	0.55 to 0.70
	Commercial and industrial	0.60 to 0.90
	Pavements, roadways, shoulders	1.00

Velocity restriction.

In general, velocities in closed conduits at design flow should be at least two feet per second, but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 1/2 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels, sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the Borough Engineer at the time of drainage review.

At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.

Design formulas and friction factors. In general, the Manning Formula will be used by the Borough Engineer to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of 0.012 will be used for nonporous concrete pipe; a factor of 0.020 will be used for fully coated corrugated metal pipe with paved invert. Commensurate factors will be used for other pipe type or shapes. A friction factor (n) not less than 0.012 will be used for fully lined concrete channels; a factor not less than 0.025 will be used for good earth channels; and a factor not less than 0.100 will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.

All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile must have the approval of the New Jersey Division of Water Policy and Supply.

All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The state may retain jurisdiction, in which case a permit will be necessary as set forth above, or may refer the matter to the County Engineer for review.

All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The municipal agency may require that any open channel, other than naturally occurring streams, be fenced with chain-link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the municipal agency at approximately two-hundred-foot intervals.

Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto, but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.

The use of siltation and oil-separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.

Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least one-hundred-year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading and drainage shall anticipate such major storm and be so arranged so as to prevent damage to existing or proposed structures or adjacent properties under such conditions.

All drainage arrangements (either piped or overland flow) for sites on county roads or state highways shall be approved by the County Engineer or the New Jersey Department of Transportation, respectively, in addition to being acceptable to the municipal agency.

Special drainage provisions.

The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet-weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:

The utilization of the natural drainage system to the fullest extent possible.

The maintenance of the natural drainage system as much as possible in its unimproved state.

When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.

The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.

Maintenance of the base flow in streams, reservoirs and ponds.

The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.

All developments or portions or total schemes of development which, based upon the preliminary plat submission, total 15 or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than 115% of the runoff from the site in its undeveloped state. The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff-limiting devices inadvisable or impractical.

§ 490-107 Stormwater management and control.

[Added 8-28-2006 by Ord. No. 2006-39; amended 5-29-2007 by Ord. No. 2007-19; 7-27-2009 by Ord. No. 2009-26; 8-21-2019 by Ord. No. 2019-37; 3-24-2021 by Ord. No. 2021-05]

Title. This section shall be known as and may be cited as the "Stormwater Management Ordinance of the Borough of Red Bank."

Permit required; scope and purpose.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection C.

Applicability.

This chapter shall be applicable to all major developments undertaken by the Borough of Red Bank.

This chapter shall be applicable to all private properties, other than residential lots with one single-family house, with respect to storm drain inlet retrofitting, as set forth below.

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

CAFRA CENTERS, CORES OR NODES

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals under the development permit, subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law, except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTARY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

ENVIRONMENTALLY CONSTRAINED AREA

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DEVELOPMENT

For the purposes of this section only, the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC) and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. "Development" also means any reconstruction or altering of any service located on private property, except for residential lots with one single-family home, that is in direct contact with an existing storm drain inlet on that property only with respect to the storm drain retrofitting provisions of this section.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOOD

A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREAS

An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HYDROLOGIC UNIT CODE 14 (HUC 14)

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLUMBING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

For the purpose of this section only, an individual development, as well as multiple developments that individually or collectively result in:

The disturbance of 1/2 or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or

A combination of Subsection C(1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection C(1)(a), (b), (c), or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

A land vehicle propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Red Bank or other public body and is designed and used for collecting and conveying stormwater.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection E(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, Borough of Red Bank, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwater or surface waters of the state or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REFUSE CONTAINER

Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the state development and redevelopment plan's goals and statewide policies, and the official map of these goals and policies.

STORM DRAIN INLET

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries and all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

General standards. Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this chapter apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection K of this section.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection E(16), (17) and (18):

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection E(15), (16), (17), and (18) of this section may be obtained for the enlargement of an existing public roadway or railroad or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates, through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection E(15), (16), (17) and (18) of this section to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection E(15), (16), (17) and (18) of this section, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection E(4)(c) of this section within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection E(15), (16), (17) and (18) of this section that were not achievable on site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection E(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e) 1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^(a)(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small-scale sand filter	80	Yes	Yes	2
Vegetative filter strip	60-80	No	No	—

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond^(d)	50-90	Yes	No	N/A

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection E(15)(b);
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection C;
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection C.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection G(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection E(15) only if the measures meet the definition of "green infrastructure" at Subsection C. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection E(15)(b) are subject to the contributory drainage area limitation specified at Subsection E(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection E(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection E(4) is granted from Subsection E(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection I(3);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection I; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection C may be used only under the circumstances described at Subsection E(15)(d).

Any application for a new agricultural development that meets the definition of "major development" at Subsection C shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection E(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Monmouth County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection K(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection E of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection E(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection E(13) above.

(15)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection E(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection E(6) and/or an alternative stormwater management measure approved in accordance with Subsection E(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at Subsection E(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection E(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection E(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection E(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection E(16), (17), (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection E(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection E(4).

(16)

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection F, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection E(16)(d) below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied; areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection E(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:

R = total TSS percent load removal from application of both BMPs;

A = the TSS percent removal rate applicable to the first BMP;

B = the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection E(16), (17), and (18).

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection F, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection E(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf; or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection F(1)(a)[1] and the Rational and Modified Rational Methods at Subsection F(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420, Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to the Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards. Site design features identified under Subsection E(6) above, or alternative designs in accordance with Subsection E(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection H(2) below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in Subsection H(1) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection I(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

For purposes of this subsection, "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection I(4) of this section, a freestanding outlet structure may be exempted from this requirement.

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection I(5) of this section for an illustration of safety ledges in a stormwater management basin.

In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.

Illustration of safety ledges in a new stormwater management basin.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection J(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit four copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection J(3) of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision, site plan, or development application review process by the Planning Board, Zoning Board of Adjustment or official from which municipal approval is sought. The Board and/or Zoning Officer shall consult the Borough Engineer or other such engineer (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Checklist requirements. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man- made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections D through F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the pre- development and post-development conditions for the design storms specified in Subsection E of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection K.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection J(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection B(1)(c) of this section shall comply with the requirements of Subsection K(2) and (3) of this section.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the person responsible for maintenance identified under Subsection K(2) of this section is not a public agency, the maintenance plan and any future revisions based on Subsection K(2)(g) of this section shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under Subsection K(2)(c) above shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection K(2)(f) and (g) above.

The requirements of Subsection K(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

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

Penalties and enforcement.

Any person who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punishable by imposition of the penalties set forth at Chapter 1, Article II, General Penalty, of this Borough Code.

Each instance of engaging in a separate regulated activity in violation of this section shall be deemed a separate offense.

In addition, the Borough may institute civil action for injunctive or other relief to enforce the provisions of this section.

This section shall be enforced by the Construction Official, or his designees, the Department of Public Utilities and/or the Code Enforcement Department.

§ 490-108 Street design.

Street extensions. The arrangement of streets within a development shall provide for the extension and/or realignment of existing streets, except that local and local collector streets should only be extended when such extension is necessary and the municipal agency concurs that such extension will promote safety and conform to the street standards contained elsewhere in this chapter.

Street widening. Where developments abut existing roadways, sufficient right-of-way shall be reserved to provide the right-of-way width proposed for the functional classification of the street in question.

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

Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

Culs-de-sac (dead-end streets) should have a center-line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than 100 feet nor longer than 1,200 feet and should not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of not less than 40 feet and a property line radius of not less than 50 feet, which shall have its center point at or to the left of the center line of the street, when viewed toward the closed end. In the event it is contemplated that a dead-end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required.

Loop streets should provide access to not more than 45 lots, except that, where access is provided by a combination of a short-loop street and culs-de-sac, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same street.

P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop providing access to a street which is not a part of the P-loop. The loop of a P-loop should have a street length not exceeding 3,000 feet. P-loops should provide access to no more than 60 lots, and the entrance street should be designed in accordance with the design standards for collector streets.

Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modifications shall include, but not be limited to, widening the right-of-way of a continuous street through the use of semicircular projections.

Reduced paving width. When a cul-de-sac or loop street provides access to 25 or fewer lots, the municipal agency may consider the use of reduced paving width where, by reason of topography, physical features or other conditions, the reduced paving width would substantially reduce disruption of the development's environment. In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than 26 feet. Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation. Such review and approval must be obtained by the developer before approval of a final plat will be granted.

Classification of streets. In any development, it shall be the duty of the municipal agency to approve classification of proposed streets according to their use. In making its decisions, the municipal agency shall refer to the Master Plan and shall consider conditions within the development and the surrounding areas and shall use as a guide the following street classifications and criteria:

Local street. A local street is a street serving only single-family residences and, where feasible, should be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The traffic normally expected on a local street shall be 400 vehicles per day.

Collector streets. A collector street is generally a street gathering traffic from local streets and feeding it into a system of arterial highways. Even if laid out as a local street, a street should be considered a collector street if it provides access or could provide access to more than 150 lots or would be utilized by traffic other than residential in nature. Collector streets should generally be expected to carry traffic volumes of approximately 3,000 vehicles per day. The design speed of collector streets, for alignment and sight distance purposes, should be 50 miles per hour.

Arterial highways. Arterials are any federal, state or county highway or municipal street or road intended to carry traffic between other arterials and from the Borough to destinations outside the Borough. Arterial highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.

Classification criteria. Street classifications will be approved by the municipal agency in accordance with the foregoing definitions, in accordance with the provisions of the Master Plan and Official Map if such be adopted, in accordance with the provisions of applicable county and state regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.

Lots abutting collector streets and arterial highways. In any subdivision abutting or being traversed by a collector street or arterial highway, one of the following conditions shall be required by the Board:

A marginal street meeting the classifications herein for a local street shall be provided along each collector or arterial highway and shall be separated from the collector or arterial highway by a landscaped strip at least 25 feet in width.

The frontage of all lots abutting the collector or arterial highway shall be reversed so that the lots will front on an internal local street; a natural wooded or landscaped buffer strip at least 50 feet in width will be provided on the abutting lots along the right-of-way of the collector or arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.

All lots abutting collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.

Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the municipal agency.

Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter, but shall not be less than those set forth in the Schedule of Street Design Standards. (Figure VIII-9.)

Figure VIII-9 Schedule of Street Design Standards
		Classification
		Local Streets	Collector Streets	Arterial Highways
Normal traffic capacity (ADT)		400	3,000	10,000
Minimum right-of-way width		50 feet	60 feet	100 feet
Minimum paving width:
	Two-way	30 feet	40 feet	60 feet
	One-way	22 feet	—	—
Shoulder (or parking area width)¹		—	—	2 at 8 feet
Sidewalks:
	Width	4 feet	4 feet	4 feet
	Setback (from face of curb)	3 feet	3 feet	7 feet
Design speed (MPH)³		40	50	60
Minimum radius of horizontal curvature at center line		150 feet	500 feet	2,000 feet
Minimum tangent between reverse curbs		100 feet	200 feet	600 feet⁴
Maximum longitudinal grade		8%	8%	4%
Minimum longitudinal grade:
	Desirable	0.75%	0.75%	0.75%
	Absolute	0.40%	0.40%	0.40%
Maximum longitudinal grade for 200 feet from each side of an intersection		3.5%	3.00%	—
Minimum curb return radius at intersection²		15 feet	25 feet	45 feet
Vertical curve:⁵
	Crest: minimum length equals 100 feet. Based on stopping sight distance at design speed
	Sag: minimum length equals 100 feet. Based on headlight illumination and stopping sight distance at design speed
Maximum superelevation not required		—	—	6%
Pavement cross-slope minimum		3.00%⁷	3.33%⁸	1.50%⁸
Curb face required⁶		6 inches		8 inches
Minimum property line corner radius²		5 feet	15 feet	30 feet

	NOTES:
	¹	Shoulders or parking areas as required may be of reduced structural design.
	²	When dissimilar streets intersect, the larger radius will be used.
	³	For sight distance and vertical curve calculation only.
	⁴	Or as required to run out superelevation (1% per second of travel at design speed).
	⁵	Not required if algebraic difference of intersecting grades does not exceed 1.
	⁶	Except in superelevation areas.
	⁷	Six-inch crown.
	⁸	Eight-inch crown.

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

No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70° (measured at the center line of streets) shall not be permitted.

Local streets should not enter the same side of collector streets at intervals of less than 500 feet, or arterials at intervals of less than 1,200 feet. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector or 500 feet along the center line of an arterial.

Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or have a center-line radius greater than 5,000 feet at least 500 feet from the intersection.

Where a collector or arterial street intersects with a collector or arterial street, the right-of-way of each collector shall be widened by 10 feet (five feet for each side) for a distance of 300 feet in all directions from the intersection of the center lines, and the right-of-way of each arterial shall be widened by 20 feet (10 feet each side) for 500 feet in all directions from the intersection of the center lines.

Approaches of any local street to any other street shall:

Be tangent (straight) for a distance of at least 50 feet from the intersection; or

Have a center-line radius greater than 1,000 feet for at least 150 feet from the intersection; and

Have a clear site of a point three feet high in the intersection for a distance of not less than 400 feet.

Street layout.

Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed 1,000 feet.

The municipal agency in all cases may require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

Residential development areas containing more than 150 lots should have two access points from collector streets or arterial highways.

Street names. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or development in the Borough or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.

Limit of improvements. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the municipal agency. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the municipal agency, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Borough Council to be credited toward the completion of such improvements at such time as the adjacent land develops.

Streets serving other than single-family detached homes. The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments shall be determined by the Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs and maximum access for fire-fighting equipment and shall generally conform to the requirements herein.

Reserve strips. There shall be no reserve strips or areas controlling access to streets, except where control and disposal of the land comprising such strips or areas have been placed in the hands of the governing body under conditions approved by the Planning Board.

§ 490-109 Streetlighting.

Streetlights shall be of a type approved by resolution of the Borough Council and by the electric utility company serving the proposed development and located so as to provide a minimum lighting level of 0.5 horizontal footcandle on all local and collector streets and one horizontal footcandle on all arterial streets. The developer shall pay the full cost for initial installation of any streetlights. After final acceptance, operation and maintenance costs shall be the responsibility of the Borough.

§ 490-110 Street signs.

Street signs shall be of a type and size approved by resolution of the Borough Council and shall be properly installed at each street intersection. Street signs shall be placed, two per intersection, on the near right-hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection. Mountings shall be in accordance with the standard procedures of the Borough or with requirements adopted by the Borough Council. Street signs shall be placed before any certificate of occupancy for houses on the subject street are issued.

§ 490-111 Traffic control devices.

The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Borough Council, may pay to the Borough Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the Borough Engineer equal to the cost of all necessary traffic control devices not installed by the developer. Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Borough Engineer and approved by the Borough Council.

§ 490-112 Utility installations.

All utility lines and necessary appurtenances, including, but not limited to, electric transmission and electric and gas distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utilities supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the municipal agency prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multifamily developments, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the municipal agency. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided.

§ 490-113 Water supply.

The design and construction approval of all public and individual water supply systems (or extensions of existing systems) shall be under the jurisdiction of the Red Bank Department of Public Utilities or the Board of Health (and the State of New Jersey), respectively. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate agency and filed with the municipal agency, or the final approval will be conditioned upon full approval from the appropriate agency.

§ 490-114 Personal earth terminals.

The installation of personal earth terminals is subject to the following standards:

A personal earth terminal may only be located to the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.

The personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in Article X, Zoning, of this chapter.

A personal earth terminal may be erected only on the ground or on a platform mat exceeding one foot in height in a secure fashion.

The height of a personal earth terminal shall not exceed 12 feet.

The main reflector shall not exceed a diameter of three meters.

All wiring or connecting cables between the personal earth terminal and the principal building shall be buried underground.

A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.

Only one personal earth terminal shall be permitted on any property.

A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.

§ 490-115 Garages; vertical parking garages.

[Amended by Ord. No. 1988-21; Ord. No. 2003-41; 9-28-2009 by Ord. No. 2009-40]

Design standards and general requirements:

Commercial parking facilities or vertical parking garages, whether freestanding or attached to a principal structure, when allowed as a conditional or permitted accessory use, shall conform to bulk requirements for principal structures, except as provided herein.

Vertical parking garages shall not exceed a height of 45 feet or the maximum height permitted in the zone district, whichever is less.

Individual single-story garages, whether attached or detached, shall be arranged to open to the interior or rear of a lot, except fully detached garages located entirely in the rear of any principal building.

Attached single-story garages shall have a capacity of not more than 10 vehicles arranged in a row.

The architectural design and materials used in the construction of garages shall conform to the design and building materials used in the construction of the main structures. When the parking facility is the primary structure, it shall be compatible with the established architecture and development patterns in the area.

No part of any garage or other accessory building shall be used for living purposes.

Roofs of garages may be landscaped and utilized for open space and recreation uses, such as, but not limited to, tennis courts. Fifty percent of such areas may be utilized to meet minimum unoccupied open space requirements.

Any garage used or operated as part of a commercial parking facility shall conform to the applicable provisions of § 490-130 of this chapter for commercial parking facilities.

All garages and parking facilities shall have adequate security provisions and vandal-resistant lighting with a minimum lighting level of 0.5 horizontal footcandle throughout the parking area.

Only passenger vehicles, small vans, pickup trucks, and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for more than 30 days. Construction equipment, dump trucks, and other similar equipment are not permitted.

Commercial parking facilities shall be used as automobile parking units only, with no vehicle sales, dead storage, dismantling or servicing of any kind permitted.

Retail or other mixed uses incorporated as part of a vertical parking garage shall be reviewed under the bulk requirements for vertical parking garages as described herein.

Aisle and space dimensions for underground and vertical parking garages shall conform to § 490-98 of this chapter, except for the following:

Minimum one-way aisle width: 22 feet.

Minimum one-way aisle width according to the following; ninety-degree bays and one-way aisles are discouraged:

Parking on Right and Left Side of Aisle	None (feet)	90° Bays (feet)	60° to 90° Bays (feet)	40° to 90° Bays (feet)	Parallel Bays (feet)
None	12	22	18	16	16
90° bays	22	22	22	22	24
60° to 90° bays	18	22	20	20	20
40° to 90° bays	16	22	20	16	18
Parallel bays	16	24	20	18	16

Minimum parking space size:

Controlled low-turnover spaces (including commuter spaces, single-user employee parking and similar uses): eight feet by 17.5 feet or eight feet by 16.5 feet with curb overhang.

All other: nine feet by 18 feet or nine feet by 17 feet with curb overhang.

All parallel parking spaces: nine feet by 22 feet.

Minimum compact parking space size: seven feet four inches by 16 feet.

Maximum number of compact spaces: 33 1/3% of total.

Underground garages shall be considered accessory structures and shall comply with bulk requirements for the zone. Underground garages shall be equipped with the following:

Fire-fighting devices. Garages located under a principal or accessory building shall also have an automatic fire alarm system.

Mechanical or other ventilation equipment adequate to prevent the accumulation of carbon monoxide or exhaust fumes. Gas accumulation may not exceed one part in 10,000 (0.01%) or the concentration of gasoline vapors in excess of 20% of the lower explosive limit. Building or health code limits that reduce this threshold shall prevail.

Garages located under a principal or accessory building shall have an automatic fire alarm system and a ceiling or protected construction of not less than 1 1/2 hours' fire resistance.

Backup power shall be provided for minimum lighting and to allow for safe egress.

Handicap-accessible parking stalls shall be provided in accordance with ADA accessibility guidelines.

Vertical parking garages shall comply with the following:

Fire-fighting devices and automatic fire alarm systems shall be provided.

Backup power shall be provided for minimum lighting and to allow for safe egress.

All designs for a vertical parking garage will provide an outward orientation which is physically and visually integrated with existing development in the area and which is compatible with established architecture and development patterns.

Handicap-accessible parking stalls shall be provided in accordance with ADA accessibility guidelines.[1]

Editor's Note: Original § 25-8.37d5, Bulk or size requirements, which immediately followed this subsection, was repealed at time of codification of the Planning and Development Regulations.

Minimum setbacks:

Twenty-five feet from any property line.

Fifty feet from any residential use on any adjacent property.

One hundred feet from any residential zone district property.

Maximum lot coverage. The combination of principal and accessory structures shall not exceed the zone requirements.

Special requirements. All applications for a vertical parking garage on properties abutting or clearly visible from the Navesink River shall include maximum feasible design precautions which will minimize visibility of parking from the river. At a minimum, the precautions will achieve visibility of no more than two levels on 30% of the perimeter visible from the river and visibility of no more than one level on 60% of the perimeter visible from the river.

Bonus provisions. In an effort to augment the development capacity of available sites by providing sufficient on-site parking to service the facility without the need or use of public parking, which would benefit the Borough and its residents as well as the users of the development, additional gross floor area shall be permitted as a bonus in accordance with this section.

For above-finished-grade vertical parking garages, a bonus FAR equal to 1.0 shall be permitted.

For below-finished-grade vertical parking garages, a bonus FAR equal to 2.0 shall be permitted.

The bonus provisions above can be combined when a vertical parking garage is constructed above and below finished grade.

The bonus provisions provided under this section are to be used for the vertical parking garage only. The FAR for the principal use shall remain that as permitted in the zone.

§ 490-116 Storage of recyclable materials.

[Added by Ord. No. 1989-27]

Materials designated in the Borough of Red Bank Recycling Ordinance shall be separated from other solid waste by the generator, and a storage area for recyclable material shall be provided as follows:

For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.

MULTIFAMILY HOUSING DEVELOPMENT

For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one- to four-week accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.

§ 490-117 Recycling areas in multifamily housing developments.

[Added by Ord. No. 1994-10]

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

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

Recycling area required for multifamily housing. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of the residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102 (N.J.S.A. 40:55D-28).

Location. The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

Accessibility. The recycling area shall be lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

Container design. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Recycling signs. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

§ 490-118 Outdoor storage of materials.

[Added 11-22-2010 by Ord. No. 2010-34]

Outdoor storage of materials shall be prohibited in any district within the Borough, except as follows:

Permanent storage structures shall be considered accessory uses and subject to the rules governing such uses in the zone in which such structures are located.

No more than one temporary or portable storage structure may be located in the driveway or side yard of a premises for a maximum of 90 days upon the issuance of a permit from the Borough Zoning Officer, unless such location would, in the judgment of the Borough’s Traffic Safety Officer, obstruct traffic visibility. The maximum size of a temporary/portable structure shall be eight feet in height, 10 feet in width and 20 feet in length. Any other structure that does not meet the foregoing criteria or which cannot be located within a property's driveway or side yard shall be considered a permanent storage structure.

No hazardous materials of any type shall be stored in any permanent, temporary or portable storage structure.