Borough of Kenilworth, NJ Article 17 General Design Standards

§ 120-17.1 Applicability.

This article provides design guidelines, design standards and construction specifications which shall apply to applications for site plan or subdivision approval. Notwithstanding the foregoing, the RSIS[1] shall supersede the standards in this article according to law.

[1] Editor's Note: See N.J.A.C. 5:21-1.1 et seq.

§ 120-17.2 Applicability of RSIS.

The RSIS[1] are incorporated herein by reference. A copy of the standards are available for inspection in the office of the Zoning Officer. The following provisions shall govern the application of the RSIS:

A. Any project for which preliminary subdivision or site plan approval has been given prior to June 3, 1997, shall continue to be subject to the RSIS and provisions of the applicable chapters of the Borough Code in effect prior to June 3, 1997.

B. Any project for which application is made after June 3, 1997, shall be governed by the RSIS.

C. The RSIS shall apply to all applications for residential subdivision and site plan approval, and shall apply to all site improvement work and appurtenant construction, including streets, roads, parking facilities, sidewalks, drainage structures, grading and utilities.

D. The RSIS shall not apply to driveways on private property held in fee simple as individual residential lots outside of the public right-of-way, including common driveways established by easements shared by more than one dwelling unit on private property.

E. Where both residential and commercial development are planned in a mixed-use development, the RSIS shall apply to the residential part or parts of such development where such residential part or parts are discrete and separate from planned commercial parts as evidenced by, for example, separate building(s), separate parking, and separate access features.

F. The RSIS shall supersede and replace all technical requirements of this article with regard to streets, parking, water supply, sanitary sewers and stormwater management in residential development.

G. The RSIS shall not supersede and shall not replace standards in this article or in any other article concerning:

(1) Layout, arrangement, and location of improvements, shade trees, landscaping, or reservation of areas for public use, pursuant to N.J.S.A. 40:55D-38.

(2) Preservation of existing natural resources; arrangement of physical elements for safe and efficient vehicular and pedestrian circulation by, for example, traffic calming measures, parking and loading; screening, landscaping, and location of structures; or conservation of energy and use of renewable resources, pursuant to N.J.S.A. 40:55D-41; or

(3) Use, bulk, height, number of stories, orientation and size of buildings and other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions, floor area ratios, or other measures to control development intensity; or the provision of adequate light and air pursuant to N.J.S.A. 40:55D-65.

H. Choice among options contained in the RSIS shall be the applicant's unless otherwise specified in the RSIS.

I. Administration, approval, waivers and exceptions, enforcement and violations concerning the RSIS shall be as set forth in N.J.A.C. 5:21.

J. Those provisions of this chapter containing standards which may be superseded by the RSIS are designated with the letters "SIS" at the end of the provision. The final determination of applicability shall be made by the Zoning Officer.

[1] Editor's Note: See N.J.A.C. 5:21-1.1 et seq.

§ 120-17.3 Design principles.

A. All site plans, plot plans and subdivision plats shall conform to design standards that will encourage desirable development patterns within the Borough.

(1) Where either or both an Official Map or Master Plan has been adopted, the plot, site and subdivision plans shall conform to the proposals and conditions shown thereon.

(2) The streets, drainage rights-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of plot, site and subdivision plans.

(3) Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38 and shall be such as to lend themselves to the harmonious development of the Borough and the enhancement of the public welfare.

B. Within the criteria established by and subject to the review and approval of the reviewing agency, all design of a plot, site or subdivision plan is the responsibility of the developer, and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design.

(1) The standards set forth in this article shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein.

(2) The responsibility of the reviewing agency shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this Part 2 and the Borough Master Plan.

(3) The reviewing agency may employ professionals in various disciplines to advise and assist it in its determinations.

(4) Any decisions of the reviewing agency regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Part 2 shall be deemed conclusive.

C. When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Borough Engineer prior to beginning his detailed design for review and approval of his proposed design standards.

(1) Standards utilized should generally be nationally recognized and in common use in this area.

(2) Design standards may not be utilized if they do not have the approval of the Borough Engineer.

(3) The design standard change shall be approved by the reviewing agency upon a report from the Borough Engineer.

D. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein.

(1) The reviewing agency may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit.

(2) Any developer desiring such action shall present with his application for development a listing of all such waivers desired, together with the reasons therefor.

§ 120-17.4 General improvement standards.

A. All improvements shall be installed in complete accordance with the standards of this Part 2, with other particular specifications approved by the reviewing agency and Borough Engineer, and with all other applicable municipal, county, state and federal regulations, including the Residential Site Improvement Standards (N.J.A.C. 5:21).

(1) Should improvements be required which are not provided for within the particular sections of this Part 2, they shall be designed and constructed in accordance with good engineering practice and recognized design standards.

(2) The developer (or his engineer) shall submit calculations and construction specifications in each instance.

(3) Prior to initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the reviewing agency and Borough Engineer.

B. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision), as modified, supplemented, amended or superseded by the requirements of this Part 2, by the approved final plat, by particular agreement among the reviewing agency, Borough Council and subdivider or by other applicable Borough, county, state or federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details (Standards) are made a part of this Part 2 by reference and will not be repeated herein. The requirements of this Part 2, of an approved final plat or of particular agreements and conditions of approval and of applicable Borough, county, state or federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the Borough adopt, subsequent to the effective date of this Part 2, particular and specific Standard Construction Details for the Borough, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.

§ 120-17.5 Building site design standards.

A. The following standards and guidelines contained herein shall apply to all development applications submitted for approval containing proposed new buildings and structures or alterations or modifications to existing structures.

B. These building design objectives are intended to assist the reviewing agency in the review of specific development proposals:

(1) All buildings should be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air and usable open space; access to public rights-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; watercourses; solar access and energy conservation.

(2) Groups of related buildings shall be designed to present a harmonious appearance in terms of architectural style and exterior materials.

(3) Buildings should be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.

(4) Building setbacks should be varied to the extent practicable in order to provide an interesting interplay of buildings and open spaces.

(5) Accessory buildings and structures should be architecturally treated in the same manner as principal structures.

(6) All exterior storage and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like shall be screened from the public view, within and from the outside of the development, by a fence, wall or mature landscape materials, consistent with the exterior design of the building within the development.

(7) Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections, such as gutters, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing and overhead doors, shall be painted or installed with an anodized or acrylic finish, in a color to match adjacent surfaces.

(8) Buildings of a traditional design should have steeper roofs. Overhangs should be consistent in the front and rear.

(9) All openings in the wall of a structure, such as windows and doors, should relate to each other on each elevation, vertically and horizontally, in a clearly defined order, and should take into account orientation to the sun, in terms of architectural elements for sun shading and consideration of the efficiencies of heat loss and gain through such openings.

(10) Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment. All exposed basement walls must be covered to relate properly to the side of the building.

(11) Landscape elements shall relate to architectural design elements and shall be considered a strong unifying component of the overall site design, reflecting the natural and man-made (architectural and aesthetic) qualities of the development.

C. These residential design standards and guidelines are intended to assist in the review of specific proposals:

(1) Residential design should create the appearance of individuality of housing units and avoid the appearance of a large, undifferentiated project.

(2) Dwelling units should have adequate interior living space, using low-maintenance, high-quality and aesthetically attractive materials.

(3) Easy access to outdoor space and parking from all residential units should be provided.

(4) The design should provide a safe, well-lighted residential environment, free of through traffic and congestion.

D. Dwelling units in a development which are designed for the possible use by physically handicapped persons shall meet or exceed the New Jersey Uniform Construction Code minimum property standards and the additional requirements contained in N.J.A.C. 5:23-1 et seq., pertaining to barrier-free regulations.

E. The commercial office and industrial design standards contained below are intended to assist in the review of specific proposals:

(1) Exterior materials may include brick, stone, anodized aluminum and baked enamel metal panels, precast concrete and similar materials, with appropriate texture and trim to prevent large, undifferentiated facade of the same material.

(2) All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.

(3) All major entrances to buildings shall be properly identified with architectural elements, such as recessed entranceways, projected overhangs and porticos.

(4) Flat roof canopies on metal pipe columns shall not be used on commercial buildings.

(5) Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.

(6) Buildings and structures used for functional purposes, such as warehouses, indoor sports facilities and manufacturing facilities, shall include appropriate landscaping adjacent to boundary facades in the public view.

§ 120-17.6 Clearing and grading.

A. All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the New Jersey Department of Transportation 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. The stockpile or removal of soil from a site, except in relationship to an approved plan, shall not be permitted except as provided by other ordinances of the Borough. 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. All trees to be saved must have a snow fence erected at the dripline of the tree.

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

C. No slopes shall be constructed which exceed a slope of one foot vertical per three feet horizontal. The minimum slope shall be 1%.

D. Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the reviewing agency.

E. 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 reviewing 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.

(1) 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.

(2) The developer shall make suitable provisions in the instrument transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the reviewing agency and the Borough Clerk.

(3) 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.

F. The tops of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided on the plan, to the limit of grading as shown on the final plan. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.

G. Lot grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. The 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 Part 2 for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.

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

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

(3) The minimum slope for lawns shall be 2%, and, for smooth, hard-finished surfaces, other than roadways, 3/4 of 1%.

(4) The maximum grade for lawns within five feet of a building shall be 5%. The maximum slope within 10 feet of a property line shall be 5%. No lawn areas shall exceed 30% in slope. Further, when there exists a vertical grade differential that exceeds two feet between first-floor elevations of structures on adjacent properties, the reviews may require the use of retaining walls, terracing or other features to minimize the impact, visual and otherwise, on the adjoining property.

(5) Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to 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 Part 2, standard details for such construction, the same shall govern.

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

§ 120-17.7 Streets and street design.

A. All major and minor arterial, collector, local collector, local and marginal access streets shall be designed in accordance with the proposals contained in the Master Plan of the Borough and in accordance with this section.

(1) Upon receipt by the reviewing agency of any subdivision or site plans calling for the installation of new streets or the extension of old streets, the plats shall be referred to the Borough Engineer, Police Department and Fire Department for review.

(a) They shall make recommendations as to the acceptable minimum widths of each street and shall base the recommendations upon such factors as the location, proposed use and intensity of traffic, with an emphasis upon safety considerations of a fire, first aid and police nature.

(b) These recommendations shall be submitted to the Borough Engineer to be considered in conjunction with such studies and statistics and other data which the Engineer shall have assembled as a basis for determining minimum street widths within the Borough.

(2) The enumerated standards are to be construed as minimum standards and may be increased where, because of high traffic volumes, steep grades or other such reasons, the municipal agency determines that such action is necessary.

(3) In residential subdivisions, the minimum street width required shall be in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21).

B. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension and/or realignment of existing streets, except that local and 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 Part 2.

C. Where developments abut existing roadways, sufficient right-of-way shall be reserved for the functional classification of the street in question.

(1) If the subdivision or site plan is along one side only, 1/2 of the required extra width shall be dedicated.

(2) The new cross section for the existing road shall be constructed so as to provide a cross section constructed to the satisfaction of the Borough Engineer.

D. Local streets shall be designed in accordance with the schedule of street design standards and the requirements contained herein:

(1) No street or road shall be designed which has an elevation at the center line lower than the one-hundred-year-flood elevation of the area as shown on the Flood Insurance Rate Map.

(2) Local streets shall be arranged to discourage through traffic.

(3) 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 2,000 feet and should not provide access to more than 25 lots or as applicable within the design criteria of specific zones in Part 3, Zoning.

(a) 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 and tangent whenever possible to the right side of the street, when viewed toward the closed end.

(b) In the event that 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, and provisions shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(4) Loop streets.

(a) 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 cul-de-sac, the maximum shall be 60 lots, provided that the length of the loop street will not exceed 3,000 feet.

(b) Loop streets shall have both of their termini located on the same street.

(5) 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.

(a) There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet in width from the loop providing access to a street which is not a part of the P-loop.

(b) The loop of a P-loop should have a street length not exceeding 3,000 feet.

(c) P-loops should provide access to no more than 45 lots, and the entrance street should be designed in accordance with the design standards for collector streets.

E. In any development, it shall be the duty of the reviewing agency to approve classification of proposed streets according to their use and in accordance with the Residential Site Improvement Standards. In making decisions, the reviewing agency shall refer to the Master Plan and the Union County Planning Board classification of roadways and shall consider conditions within the development and the surrounding areas and shall use as a guide the street classification and criteria contained herein:

(1) 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) 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.

(b) The traffic normally expected on a local street shall be 400 vehicles per day.

(c) The design speed for local streets shall be 25 miles per hour.

(2) A "collector street" is generally a street gathering traffic from local streets and feeding it into a system of arterial highways.

(a) 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.

(b) Collector streets should generally be expected to carry traffic volumes of approximately 3,000 vehicles per day.

(c) The design speed of collector streets, for alignment and sight distance purposes, should be 50 miles per hour.

(3) "Arterials" are any federal, state or county highways intended to carry traffic between other arterials and from the Borough to destinations outside the Borough.

(4) 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 is 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.

F. All lots abutting collector streets should be provided with suitable driveways for two cars with turnarounds eliminating any necessity for vehicles to back into the collector street.

G. Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the municipal agency.

H. Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

I. Street intersections shall be designed according to the standards contained herein:

(1) No more than two streets shall cross the same point. Street intersections shall be right angles wherever possible, and intersections of less than 60° (measured at the center line of streets) shall not be permitted.

(2) 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.

(3) Street jogs with center-line offsets of less than 125 feet shall be avoided. 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.

(4) Four-way (cross) intersections involving minor or collector streets shall be avoided.

J. Street layouts shall be in accordance with the provisions contained herein:

(1) Curved local streets are preferred to discourage speed and monotony. The maximum tangent distance between curves shall not exceed 1,000 feet.

(2) 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 (street extensions) abutting adjacent properties.

(3) Residential development areas containing more than 100 lots or housing units should have two access points from collector streets or arterial highways.

(4) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

K. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or developments in the Borough or contiguous areas of other communities. Any continuation of an existing street shall have the same street name. New streets shall be named by the Special Street Naming Committee, established by appointment from the office of Mayor. The Committee shall be advisory in nature and shall be appointed by the Mayor when street naming services are needed. The Special Street Naming Committee shall consist of five members. The Mayor shall appoint one member from the administration, one member from the Kenilworth Historical Society, one member from the Borough Council and two members from the Kenilworth Central Veterans Committee. The Committee shall function until its duties are complete. The Special Street Naming Committee shall select proper street names as set forth below:

(1) All new streets to be established in the Borough shall be named after a Borough resident who died in combat in the service of the United States until such names shall have been exhausted unless the Special Street Naming Committee believes the street shall be named in accordance with Subsection K(2) below. A list of such residents shall be prepared and updated by the Kenilworth Central Veterans Committee and placed on file with the Borough Clerk.

(2) All new streets shall be named after a historical figure or family of the Borough when the proposed new street is to be constructed upon their property, or which had been owned by such historical figure or family.

(3) Any new street not falling into either category shall be named in the discretion of the Special Street Naming Committee.

(4) All street names selected by the Special Street Naming Committee must then be approved by the Borough Council and submitted to the Planning Board for final approval in accordance with the terms of this subsection.

L. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the municipal agency.

(1) 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.

(2) 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.

M. The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

(1) Arterial streets: 80 feet.

(2) Collector streets: 60 feet.

(3) Minor streets: 50 feet.

(4) The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis, and in all cases shall be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

N. 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 under jurisdiction of the Borough Council under conditions approved by the municipal agency.

§ 120-17.8 Subdivisions abutting public rights-of-way.

Subdivisions abutting public rights-of-way shall not be exempt from the requirements of this chapter.

§ 120-17.9 Roadway construction.

A. 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 the sidewalk), to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

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

C. The pavement structure design for each particular development utilizing either a flexible or rigid pavement type must be approved by the Borough Engineer.

(1) 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.

(a) As minimum requirements, rigid Portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation.

(b) Such paving 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.

(2) Pavement on local, local collector and minor collector streets shall be a four-inch dense aggregate subbase, four-inch compacted thickness of bituminous stabilized base course (Mix I-2), with two-inch compacted thickness of bituminous concrete surface course (FABC, Mix I-5). On all other streets, not county or state maintained, the pavement should be a six-inch dense aggregate base course, six-inch compacted thickness of bituminous stabilized base course (Mix I-2), with a two-inch compacted thickness of bituminous concrete surface course (Mix I-5).

D. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements.

E. 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.

(1) 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.

(2) Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications.

(3) 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.

(4) Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

F. Bituminous base 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.

G. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the Standard Specifications.

(1) The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.

(a) Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer.

(b) Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer.

(c) If the Borough Engineer directs, a leveling course of FABC (Mix I-5) material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement.

(2) No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.

H. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications.

I. 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 type proposed shall be submitted for approval with the preliminary and/or final plat.

(1) 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 of a suitable sample section of such pavement.

(2) In the event that 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 Part 2 or such other alternate as may be approved by the reviewing agency.

§ 120-17.10 Concrete requirements.

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

	Type of Concrete	Strength (pounds per square inch)
	Class A	5,000
	Class B	4,500
	Class C	4,000
	Class D	3,500

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

C. Concrete shall be cured with a compound in accordance with the following methods or materials:

(1) Methods of application. The compound shall be applied in a continuous uniform film by means of power-operated pressure-spraying or distributing equipment at the rate directed by the Engineer, but not less than one gallon per 200 square feet of surface. The equipment for applying the compound shall provide for adequate agitation of the compound during application and must be approved by the Engineer before work is started. If the compound becomes too thick for satisfactory application during cold weather, the material may be warmed in a water bath at a temperature not over 100° F. Thinning with solvents will not be permitted. Should the method of applying the compound produce a nonuniform film, its use shall be discontinued, and the curing shall be done by another method approved by the Engineer that will conform to the requirements for curing concrete.

(2) Materials for curing. Liquid compound, clear or translucent. Clear or translucent liquid-curing compound shall consist of a blend of resins and other suitable materials held in solution in a volatile solvent. It shall not separate on standing, shall be nontoxic and shall become dry to the touch within four hours after being applied to the concrete under ordinary conditions. Acceptance for continued use also will be based upon satisfactory field performance.

(3) Consistency. The consistency of the compound shall be such that it can be applied to the concrete in the amount specified as a fine spray by means of an atomizing nozzle.

(4) Character of film. The compound shall adhere to damp, vertical or horizontal concrete surfaces forming a continuous coherent film when applied at the specified rate. When dry, the film shall not be tacky or track off the concrete when walked upon, nor impact a slippery condition to the surface.

(5) Color. The compound shall produce no darkening or changing of the color of the concrete to which it is applied. It shall, however, be of such a nature or so treated that the film will be distinctively visible for at least four hours after application. Any coloring matter added to the compound shall be a fugitive organic dye of a color approved by the Engineer. All trace of this color shall be indistinct 30 days after application.

(6) Reaction with concrete. The compound shall not react deleteriously with the wet course and shall form a superficial layer over the surface thereof.

(7) Moisture retention. When tested in accordance with current ASTM Designation C 156, the moisture loss shall be not more than 0.055 gram per square centimeter of the mortar specimen surface, based on the amount of water in the mortar at the time the curing material is applied.

§ 120-17.11 Curbs and gutters.

Curbing shall be constructed on both sides of all streets shown on all major and minor subdivisions and shall be required for all plot and site plans in accordance with municipal standards. Unless otherwise noted, all parking areas and driveways on site plans shall be curbed. Concrete stops, unless part of a planned stormwater management plan, shall not be permitted.

A. Layout. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and, where necessary in order to promote orderly flow of traffic, safety and welfare of the public, shall be such as to provide for appropriate extension to adjoining properties for future streets.

B. Minor streets. Minor streets shall be so designed as to discourage through traffic.

C. Arterial streets; service roads; buffers. Subdivisions abutting arterial streets shall provide a marginal service road or reserve frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

D. Width. The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

(1) Arterial streets: 80 feet.

(2) Collector streets: 60 feet.

(3) Minor streets: 50 feet.

(4) The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis, and in all cases shall be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

E. Reserve strips. No subdivision showing reserve strips controlling access to streets shall be approved, except where the control and disposal of land comprising such strips has been placed in the Borough Council under conditions recommended by the Planning Board.

F. Street grades. Grades of arterial and collector streets shall not exceed 4% unless, because of local conditions, the Borough Engineer may approve another percentage. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 0.5%.

G. Intersections. Street intersections shall be as nearly at right angles as is possible. In no case shall they be less than 60° nor more than 120°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.

H. Street jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.

I. Reverse curves. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

J. Connecting curves. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of 300 feet.

K. Vertical curves. All changes in grades in excess of 1 1/2% shall be connected by vertical curves of sufficient length to provide a smooth transaction and proper sight distance.

L. Dead-end streets. Dead-end streets and culs-de-sac shall not be longer than 1,000 feet from the nearest intersection and shall provide a turnaround at the end with a radius of not less than 50 feet to the base of the curb and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties. Wherever a temporary or permanent turnaround is proposed on any street, the front yard setback line shall be measured from the turnaround.

M. (Reserved)[1]

(1) All new streets to be established in the Borough shall be named after a Borough resident who died in combat in the service of the United States until such names shall have been exhausted, unless the Special Street Naming Committee believes the street shall be named in accordance with Subsection M(2) below. A list of such residents shall be prepared and updated by the Kenilworth Central Veterans Committee and placed on file with the Borough Clerk.

(2) All new streets shall be named after a historical figure or family of the Borough when the proposed new street is to be constructed upon their property, or which had been owned by such historical figure or family.

(3) Any new street not falling into either category shall be named in the discretion of the Special Street Naming Committee.

(4) All street names selected by the Special Street Naming Committee must then be approved by the Borough Council and submitted to the Planning Board for final approval in accordance with the terms of this Subsection M.

[1] Editor's Note: Original § 225-251M, regarding street names, which was previously included here, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 120-17.7K.

N. Off-street parking. Off-street parking shall be required. Parking layouts shall be subject to the approval of the Planning Board and shall normally include turnarounds. Residential lots shall be so arranged that there is no backing out into the street.

O. Street construction permit. Before any street dedicated to public use in an existing subdivision may be constructed or reconstructed hereafter, the owners of abutting properties, the developer or other parties in interest shall make application, in writing, for a permit to the Borough Council and Planning Board, specifying the nature and location of the improvement to be made, and shall furnish the Borough Council a certificate from the Planning Board showing that the proposed street construction or reconstruction conforms to the provisions of this Part 2. The Borough Engineer shall inspect the proposed improvement and report to the Borough Council before the issuance of the permit.

P. Vacation of streets. Vacation ordinances shall be referred to the Planning Board for recommendation prior to final approval by the Borough Council.

§ 120-17.12 Sidewalks and aprons.

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

(1) Installation of sidewalks may be waived by the reviewing agency, with the written permission of the Borough Council, at the request of the developer or on its own initiative, provided that, upon granting such a waiver, the developer shall be required to pay the Borough of Kenilworth an amount equal to the reasonable cost of installing said sidewalks, said amount to be determined by the Borough Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties and the office of the Borough Engineer itself.

(2) All funds collected by the Borough from developers as a result of waivers granted in accordance with this section shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Borough where and as authorized by the Borough Council.

(3) Nothing contained herein shall affect the right of the Borough to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or other statutory rights granted to municipalities.

B. Sidewalks within a street right-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 preservation of physical features or the continuation of the existing sidewalks. Where appropriate, sidewalks shall be designed to discharge stormwater away from connecting paved surfaces and toward neighboring lawns where feasible to disconnect these impervious surfaces.

C. Sidewalks shall be four feet wide and four inches thick of Class B, air-entrained Portland cement concrete. Joints shall be cut in the sidewalk at intervals equal to the width of the sidewalk. Preformed cellular bituminous expansion joint filler shall be placed at joints not more than 20 feet on centers.

D. Curb ramps for the physically handicapped shall be provided at all curb returns on the side(s) of the street where the sidewalk either exists or is proposed and in all curblines intersected by sidewalk. Details of the proposed ramps shall be shown on the preliminary plans of the proposed development.

§ 120-17.13 Guardrails.

A. Guardrails, pipe railing or other appropriate barricades, as required by the reviewing agency, shall be designed and placed at drainage structures, streams, embankment limits, curries and other required locations.

B. Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Specification details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission. The use of cables, lines or chains shall not be permitted.

§ 120-17.14 Blocks.

A. Size. Block length and width, or acreage within bounding roads, shall be such as to accommodate the size of lot required in the area by Part 3, Zoning, and to provide adequately for sewage disposal, convenient access, circulation control and safety of street traffic.

B. Minimum length and width. Blocks shall not be more than 600 feet in length, nor a lesser number of feet in width than is necessary to comply with the Borough zoning requirements, except where the Planning Board may deem that existing or future conditions warrant a variation from such requirements.

C. Commercial block size. For business, commercial or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

D. Internal roads. Alleys or road easements within blocks in commercial, business or industrial areas may provide for access from at least two streets and shall have a suitable width as determined by the Planning Board.

§ 120-17.15 Lot requirements.

A. Unless otherwise provided in this Part 2, lot area and dimensions shall not be less than the requirements of the respective zoning districts as set forth in Part 3, Zoning.

(1) The reviewing 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.

(2) The reviewing 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.

(3) The reviewing agency may require larger lots where such lots are plotted on a tract or tracts containing tidal or freshwater wetlands, steep slopes in excess of 8%, lakes and ponds, stream corridors, floodways and floodplains. Where such conditions exist, the Board may require that each lot contain an area unencumbered by the aforementioned conditions equal to the minimum area requirements of the respective zone district.

B. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

C. 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 Part 2.

D. 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, flood conditions, shallow depth to water table or similar circumstances:

(1) The reviewing agency may withhold approval of such lots or require revisions in a layout of the subdivision to provide that the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.

(2) Unsuitable lots may be included in an area to be deeded to the Borough or other public or quasi-public body and will be held in their natural state for conservation and/or recreation purposes.

(3) Some other suitable arrangement could be derived to alleviate the condition.

E. A minimum of five substantially different front elevations with varied setbacks, as approved by the reviewing agency, shall be used for dwellings in each subdivision.

F. Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns and dwellings and other authorized structures.

G. 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 decimal and a number added as a subscript. Lot and block numbers shall be assigned by the Borough Engineer.

H. House numbers shall be assigned to each lot prior to final plat approval by the reviewing agency.

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

J. All structures shall be accessible by means of an approved driveway. The driveway shall be not less than 10 feet wide and shall 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.

§ 120-17.16 Additional lot requirements.

A. Lot dimensions, front, side and rear yards, and total area shall not be less than the requirements of Part 3, Zoning.

B. Each lot must front upon an approved street at least 50 feet in width at the street line, except lots fronting on streets described in § 120-17.11D(4).

C. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width lines, and all setbacks shall be measured from such lines.

D. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, sewage disposal or similar circumstances, the Planning Board may, after adequate investigation, with professional assistance, if deemed necessary, withhold approval of such lots.

§ 120-17.17 Public open space and common open space.

A. Public open space or common open space shall be proposed to be provided in conjunction with applications for development for subdivisions or site plans in accordance with requirements contained herein.

B. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

C. 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 reviewing 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.

(1) Any land shown on the Master Plan as proposed for park, playground, school site or other public use shall be designated and reserved for such use.

D. Where it is considered appropriate by the reviewing agency, portions of proposed open spaces may be designated for passive and/or active recreational activities.

(1) Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.

(2) Active recreation activities may include, but are not limited to, swimming pools, tennis courts and ball fields.

(3) The location and shape of any land to be designated for recreational activities shall be approved by the reviewing agency based on, but not limited to, the standards contained herein:

(a) The reviewing agency shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.

(b) The reviewing agency shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.

(c) The reviewing agency shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.

(d) The reviewing agency shall consider the sequence of development.

E. Within open space areas, the reviewing agency may require a developer to make certain site preparation improvements, which may include, but are not limited to, those contained herein:

(1) Removal of dead or diseased trees.

(2) Thinning of trees or other growth to encourage more desirable growth.

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

(4) Grading and seeding.

F. Open space areas shall be subject to these requirements:

(1) 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.

(2) Where possible, certain land areas and features as follows shall be preserved as open space:

(a) Floodway and flood hazard areas.

(b) Areas containing a significant number of trees 12 inches or greater in diameter.

(c) Existing watercourses or ponds.

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

(e) Wetlands, as defined by the New Jersey Wetlands Act of 1970[1] and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

[1] Editor's Note: See N.J.S.A. 13:9A-1 et seq.

G. 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 reviewing agency.

(1) These shall include:

(a) The Borough of Kenilworth, subject to acceptance of the Borough Council.

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

(c) Quasi-public organizations, subject to their acceptance.

(d) Homeowners' or condominium associations or organizations.

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

(2) Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the reviewing agency, which ensure that:

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

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

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

(3) No final approval of a subdivision or site plan containing open space created pursuant to this article shall be granted until the developer has submitted, and the reviewing agency has approved, the master deed for such open space and the bylaws of the organization established pursuant to this Part 2.

H. 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 reviewing 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.

(1) 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 the open space is not dedicated to the Borough or other governmental agency.

(a) 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.

(b) 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.

(2) 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.

(a) The 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.

(b) 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.

(c) If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 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. The entry and maintenance shall not vest in the public any rights to use the open space by the owners.

[1] Before the expiration of the 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 (Zoning 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.

[2] If the administrative officer shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year.

[3] If the administrative officer shall determine that such organization is not ready and able to maintain the open space in a reasonable condition, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

[4] The decision of the administrative officer in any such case shall constitute a final administrative decision subject to judicial review.

(d) 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 the 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.

§ 120-17.18 Recreation areas.

Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of this Part 2:

A. Sufficient outdoor play and activity equipment shall be installed in accordance with standards of the National Recreation and Parks Association for the expected number of residents in the development.

(1) It should be located in an area which will not be detrimental to adjacent properties or uses.

(2) The provision and location of such equipment shall be subject to reviewing agency approval.

B. Private swimming pools in residential areas shall have a gross area of water and deck designated for the needs of the residents of the development.

(1) All swimming pools shall be fully enclosed by a chain-link or other fully approved fence equipped with gates and locks in compliance with all applicable building codes.

(2) All swimming pools shall have adequate lifesaving equipment in compliance with all applicable building codes.

(3) Within accessory building(s), all such pools shall have adequate lavatory facilities, plus, under lock and key, storage facilities wherein shall be kept all pool chemicals and equipment.

§ 120-17.19 Easements.

A. Drainage easements.

(1) If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the reviewing agency may require that a stormwater and drainage easement or right-of-way along said facility shall be provided by the developer, conforming substantially with the lines of such facility.

(2) 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 reviewing agency. The reviewing 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.

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

(4) 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 greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

(5) The easement and right-of-way shall include provisions assuring the following:

(a) Preservation of the channel of the watercourse.

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

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

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

B. Conservation easements.

(1) Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and adjacent lands.

(2) 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) 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 a 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.

(4) 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.

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

C. Sight triangle easements.

(1) 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.

(2) Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right of entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight.

(3) Such easements shall include the area of each street corner that is bounded by Borough street 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:

(a) On local streets: 50 feet.

(b) On collector streets: 100 feet.

(c) On arterial streets: 200 feet.

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

§ 120-17.20 Garages.

A. Underground garages or garages under structures shall be properly lighted.

(1) Roofs of garages may be landscaped or utilized for approved recreation uses, such as but not limited to tennis courts.

(2) The garage shall be designed to be properly drained.

B. A garage which is within the building line of a principal building shall contain not more than 50 parking spaces.

(1) Private garages which are an integral part of an individual dwelling unit shall not contain more than two parking spaces each, and each parking space shall contain a minimum of 240 square feet of floor area.

(2) A private garage for an individual dwelling unit shall not have access thereto from another dwelling unit or garage.

C. An accessory commercial or industrial building garage shall be fully enclosed and have a full roof covering all parking spaces.

(1) Such garage shall contain at least four parking spaces.

(2) No portion of more than one level shall be above ground.

(3) All levels shall be lighted and properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.

D. No freestanding commercial garage or parking structure shall be placed nearer than 100 feet to a side or rear property line. In no case shall a garage or accessory building be permitted between a street frontage and building.

(1) 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.

(2) Attached garages shall have a joint capacity of not more than 10 vehicles arranged in a row, and there shall be a minimum distance of 20 feet between such structures.

(3) Garages and other accessory buildings shall be no more than one story in height.

(4) The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of the main structures.

(5) No part of any garage or other accessory building shall be used for living purposes.

E. All public garages shall have adequate security provisions.

F. Only passenger vehicles, small vans, pickup trucks and similar vehicles, whether such carry passenger or commercial plates, may be parked in any parking space for extended periods.

G. Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.

§ 120-17.21 Monuments and iron stakes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Monuments shall be of a size and shape required by N.J.S.A. 46:26B-3, Monumentation, and amendments and supplements thereto, and the New Jersey State Board of Professional Engineers and Land Surveyors and shall be placed in accordance with the statute. In addition to the required monuments, after the grading is finished the developer shall install a solid 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.

§ 120-17.22 Streetlighting.

A. For all major subdivisions which require site plan approval, the developer shall arrange with the serving public utility to provide streetlighting service upon the appropriate tariff and prevailing government rules and regulations. The reviewing agency may alter the streetlighting requirements as it deems appropriate due to special circumstances, including but not limited to intersections, curves, culs-de-sac and collector or arterial roadways.

B. The serving public utility shall install wiring in addition to that on the approved streetlighting plan where the additional wiring is required to accommodate the full plan in accordance with the utility's filed tariff and approved procedure at the time.

C. The cost of this additional wiring shall be the responsibility of the subdivider.

D. Streetlighting shall be installed, as directed by and subject to approval by the reviewing agency, prior to the certificates of occupancy being issued.

E. The cost of the additional wiring and electricity for streetlighting for all streets within the development shall be paid for by the owner or subdivider until streets are accepted by the Borough, all certificates of occupancy have been issued and the Borough Council has authorized the release of all performance bonds upon completion of all improvements for the development.

F. (Reserved)[1]

[1] Editor's Note: Original § 225-262F, regarding the suggested streetlighting plan, which was previously included here, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 120-17.22G.

G. No subdivision plat shall receive final approval unless the suggested streetlighting plan of the electric utility is shown thereon.

H. After final acceptance, operation and maintenance costs of the streetlighting shall be the responsibility of the Borough.

I. All wiring shall be underground.

§ 120-17.23 Street signs.

A. Street signs shall be appropriate metal street signs of a type and size approved by resolution of the Borough Council in accordance with all state regulations and shall be properly installed at each street intersection.

B. 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 at locations approved by the Borough Engineer.

C. Mountings shall be in accordance with the standard procedures of the Borough or with requirements adopted by the Borough Council.

D. Street signs shall be placed before any certificate of occupancy for houses on the subject street is issued.

§ 120-17.24 Street trees.

A. Any person erecting or constructing any new buildings or residences within the Borough which require site plan or subdivision approval shall plant pollution-resistant shade trees on the property owner's side of the sidewalk adjacent thereto.

(1) In each subdivision of land, the developer shall plant between the sidewalk and the right-of-way line proper shade and/or decorative trees of a type approved by the municipal agency in consultation with the Department of Public Works.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Planting sites shall be indicated on the preliminary plat.

B. Street trees shall be planted on the property owner's side of the sidewalk, not to lie closer than five feet to existing or future sidewalks.

(1) In all cases, said trees shall be planted in a place which shall not interfere with utilities.

(2) Trees shall be of pollution-resistant varieties selected from among species determined by the Department of Public Works or Borough Planner or Borough Engineer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) The municipal agency, in consultation with the Department of Public Works or Borough Planner or Borough Engineer, may reduce or waive such plantings if there are approved varieties of trees growing along such right-of-way or on the property abutting the street line. A developer shall make a donation to the Shade Tree Fund in lieu of the required plantings.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. The subdivider or developer shall be required to plant such number of trees as shall be necessary, when taking into consideration existing trees, to provide at least one tree in every 30 feet of front yard.

(1) Pollution-resistant shade trees shall be planted along all private streets, undedicated roads, drives and parking areas at intervals of not more than 30 feet of curbing or edge of pavement.

(2) No tree shall be planted less than 25 feet from an existing or proposed streetlight or street intersection.

D. Pollution-resistant trees referred to above shall be selected from among species determined by the Department of Public Works, the Borough Engineer or the Borough Planner. Suitable trees shall be selected on the basis of specific site conditions.

E. All shade trees to be hereafter planted in accordance with this Part 2 shall be nursery grown or of substantially uniform size and shape and shall have straight trunks.

(1) Ornamental trees need not have straight trunks but must conform in all other respects to the provisions for trees and tree plantings outlined in this Part 2.

(2) All trees shall be of Grade A nursery stock, with a minimum caliper of two to 2 1/2 inches measured one foot from the butt.

§ 120-17.25 Buffers and landscaping.

A. Buffering and screening design and standards.

(1) Guidelines. The following guidelines shall be used to prepare and review buffering and screening for any development plan. The provision of buffer areas and screening within such areas shall take into account the opportunities and constraints of existing conditions on the site, such as existing vegetation to be preserved, critical views into and out of the site, the days and hours of operation, intensity of use of the proposed development, potential off-site impacts and other such issues.

(2) General standards. The following standards shall be used to prepare and review screening devices required in this article:

(a) Evergreen trees or hedges. Where an evergreen screen is utilized, such plantings shall be sufficiently dense so as to provide a minimum of 75% of the required screening at time of planting. Arrangement of plantings shall be in a continuous row and may be overlapped or staggered within such row. Placement of such plantings shall provide maximum protection to existing vegetation to be preserved located in the buffer area and on adjacent properties.

(b) Walls and fences. Where a masonry wall or solid wooden fence is utilized, the design of such shall be architecturally compatible with the style, materials, colors and details of the building(s) on the site. Where such wall or fence fronts toward or is visible from a public right-of-way, foundation plantings shall be planted along the base of all visible portions of the wall or fence.

(c) Earth berms. Where an earth berm is utilized, it shall be designed to have a maximum side slope of one increment high to two increments wide or a ratio of one high to two wide (one to two). The minimum width of the top of a berm shall be four feet. Berms shall be composed of a soil type sufficient to sustain the growth of plantings it will support. Berms shall be landscaped with combinations of evergreen and deciduous trees and shrubs and ground cover.

(3) Specific standards. The following standards shall be used to prepare buffering and screening for any development plan:

(a) Residential uses and districts. Any residential use and district shall be suitably buffered and screened from all uses other than single- and two-family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity and other potential nuisances. The width of buffering and height of screening shall be provided based on the type of use that is being buffered and the district in which it is located, as follows:

	Type of Use or Location	Screening Height (feet)	Buffer Width (feet)
	Conditional uses in residential districts	6	10
	Permitted multifamily residential uses	6	5
	Permitted nonresidential uses	6	10
	Permitted light industrial uses	6	15
	All nonconforming uses — in a design to be determined by the Planning Board

(b) Driveways and parking lots. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both within the site itself as well as from adjacent and nearby properties and public rights-of-way, as follows:

[1] Buffering shall consist of a minimum five-foot-wide area surrounding all sides of a parking lot exposed to view. Where such parking area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum ten-foot-wide area surrounding all sides of a parking lot exposed to view.

[2] Screening shall consist of a minimum four-foot-high visually impervious screen to be located within the buffering area. Where such parking area is located on a tract adjacent to a residential use or district, such screening shall consist of a minimum six-foot-high visually impervious screen. The height of any required screen shall decrease to a maximum of three feet in height where driveways approach sidewalks or walkways in order to provide adequate visibility of pedestrians from motor vehicles.

(c) Loading areas. All loading areas, including loading dock areas of buildings and driveways providing access to the same, shall be suitably buffered and screened to minimize the impacts of noise, loading and unloading activities, lighting and glare, exhaust fumes, views of loading and unloading vehicles and other nuisances. Buffering and screening shall minimize such impacts both within the site itself as well as from adjacent and nearby properties and public rights-of-way, as follows:

[1] Buffering shall consist of a minimum ten-foot-wide area surrounding all sides of a loading area exposed to view. Where such loading area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum twenty-five-foot-wide area surrounding all sides of a parking lot exposed to view.

[2] Screening shall consist of a minimum ten-foot-high visually impervious screen. If such screen consists of a wall or fence, the buffer area between the wall or fence and the lot line shall be a minimum of 10 feet in width and shall also be extensively planted with both deciduous and evergreen trees.

(d) Disposal and collection areas. All areas used for solid waste disposal and recyclable collection facilities shall be suitably buffered and screened to minimize the impacts of noise, odors, disposal and collection activities and views of collection bins and dumpsters. Buffering and screening shall minimize such impacts both within the site itself as well as from adjacent and nearby properties and public rights-of-way.

[1] Buffering shall consist of a minimum four-foot-wide area surrounding all sides of such facility exposed to view. If such facility is located on a site adjacent to a residential use or district, such buffering shall consist of a minimum ten-foot-wide area surrounding all sides of such facility exposed to view.

[2] Screening shall consist of a minimum six-foot-high masonry wall, solid wooden fence or accessory building with gates or doors and ramped access to facilitate the movement of bins or dumpsters. The base of such screen shall be planted with a minimum four-foot-high evergreen hedge along the sides and rear of same.

(e) HVAC equipment and utility service boxes. All ground level HVAC equipment and utility service boxes shall be suitably buffered and screened to minimize views of the same from both within the site itself as well as from adjacent and nearby properties and public rights-of-way, as follows:

[1] Buffering shall consist of a minimum three-foot-wide area surrounding all sides of HVAC equipment and utility storage boxes exposed to view.

[2] Screening shall consist of a minimum four-foot-high evergreen hedge along all sides of the same.

(f) Screening for wireless communications facilities. Such facilities shall be screened from view from all adjacent properties and public rights-of-way in order that a six-foot tall person, with an eye level from grade of approximately 5 1/2 feet, is not able to see the lowest 20% of the total antenna height from a distance of 25 feet from the lot line containing such antenna. In no instance, however, shall such screening be less than six feet in height; however, any fence greater than six feet in height shall require a variance from the provisions of this subsection. Such screening may utilize a solid wooden fence, earth berms, closely spaced evergreen plantings or some combination of those devices. If evergreen plantings are utilized, such shall be sufficiently dense as to achieve 75% of the required screening at planting.

B. Landscaping design guidelines and standards.

(1) The following guidelines shall be used to prepare and review landscaping for any development plan. The landscaping plan shall be prepared by a New Jersey certified landscape architect.

(a) Landscaping. The entire development shall be extensively landscaped in accordance with a plan conceived as a complete pattern and style throughout the total site. All areas of the site not occupied by buildings and other improvements shall be intensively planted with trees, shrubs, hedges, ground cover and perennials and annuals. Landscaping shall be provided to achieve the following:

[1] Preservation and enhancement, to the greatest extent possible, of existing natural features on the site, including vegetation, land forms and bodies of water.

[2] Assistance in adapting a site to its proposed development.

[3] Mitigation and control of environmental and community impacts from a development.

[4] Creation of an attractive appearance for the development, as viewed from both within the site itself and the surrounding area.

[5] Enhancement of the habitability of a development.

[6] Definition of yard areas and other open space.

[7] Energy conservation and micro-climatic control.

[8] Maintenance of a desirable ecological balance on a developed site.

(b) Other site design elements. The development plan shall incorporate landscaping with other functional and ornamental site design elements, where appropriate, such as the following:

[1] Courtyards, plazas, alleys and similar public and semipublic open spaces.

[2] Active recreation areas and facilities.

[3] Ground paving materials.

[4] Paths and walkways.

[5] Berms and other earth forms.

[6] Ponds, fountains and other water features.

[7] Trellises, pergolas, gazebos and other accessory structures.

[8] Fences, walls and other screens.

[9] Street or site furniture.

[10] Art and sculpture.

(2) General standards. The following general standards shall be used to prepare and review landscaping for any development plan:

(a) Plant species. The selection of plant species to be used shall be appropriate in terms of function and size and shall be hardy for the climatic zone in which the Borough is located. Consideration shall be given to soil conditions, availability of water, exposure to sunlight and other existing conditions. Plantings shall be selected from the recommended Borough plant list.

(b) Planting sizes. Deciduous trees shall have a minimum caliper of three inches at time of planting. Evergreen trees shall be a minimum of six feet in height at time of planting. Low-growing evergreen shrubs shall be a minimum of 2 1/2 feet in height at time of planting. Size of other plantings shall depend on setting and type of plant material.

(c) Planting specifications. Only nursery-grown plant material shall be utilized. All trees, shrubs and ground cover shall be planted according to accepted horticultural standards and the Borough's approved planting specifications. All grass shall be planted in accordance with the New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

(d) Mulch. Trees and other vegetation that have been removed may be reduced to chips and used as mulch in landscaped areas.

(e) Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant material through the first growing season. All landscaped areas shall be well maintained and kept free of all debris, rubbish, weeds, tall grass, other overgrown conditions and the storage of any equipment or materials.

(f) Replacement of dead plantings. The developer shall be required to replace dead or dying plant material for a period of two years from the date of issuance of a final zoning permit for occupancy and shall post a maintenance guaranty for such pursuant to Article 6 of this chapter. If plant material is dead or dying during a planting season, it shall be replaced that same season. If plant material is dead or dying during a nonplanting season, it shall be replaced as soon as is reasonably possible at the start of the next planting season.

(3) Specific standards. The following standards shall be used to prepare and review landscaping on any development plan:

(a) Parking lots. The interior area of all parking lots shall be landscaped to provide visual relief from the undesirable and monotonous appearance of extensive parking areas and to provide shading that will reduce solar heat gain to both the surface of the parking lot and vehicles parked thereon. Such landscaped areas shall be provided in protected planting islands or peninsulas within the perimeter of the parking lot and shall be placed so as not to obstruct the vision of motorists. The area and types of plantings shall be provided based on the number of parking spaces in the lot, as follows:

[1] For parking lots with 10 spaces or fewer, no such interior landscaping shall be required if the Board determines there is adequate landscaping directly surrounding the perimeter of the parking lot. If the Board finds that such landscaping is inadequate, then the requirements of Subsection B(3)(a)[2] below shall apply.

[2] For parking lots with 11 or more spaces, a minimum of 5% of the interior area of the parking lot shall be landscaped with a minimum of one deciduous tree planted for every five parking spaces. The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs. If all of the above required trees cannot all be located within such interior planting areas, then such remaining trees shall be planted in locations directly surrounding the perimeter of the parking lot.

(b) Foundation plantings. The base of all sides of a building shall be planted with foundation plantings consisting of evergreen and/or semi-evergreen shrubs and trees. Such plantings shall be a minimum of two feet high at time of planting and spaced an average of three feet on center.

(c) Slope plantings. All cut and fill areas, terraces, earth berms and roadway embankments with slopes steeper than one increment vertical to three increments horizontal shall be sufficiently landscaped to prevent erosion.

(d) Drainage facilities. Detention basins, headwalls, outlet structures, concrete flow channels, riprap channels and other drainage facilities shall be suitably planted with shrubs and trees. Detention basin embankments shall be extensively landscaped with wet-site-tolerant plantings.

(e) Energy conservation. Landscaping shall be designed to conserve energy, such as the planting of evergreen windbreaks to provide shielding from northwesterly winds during the winter and deciduous shade trees to reduce solar heat gain during the summer.

(f) Street or site furniture. Benches, trash receptacles, kiosks, phone booths and other street or site furniture shall be located and sized in accordance with the functional need of such. Selection of such furniture shall take into consideration issues of durability, maintenance and vandalism. All such furniture shall be architecturally compatible with the style, materials, colors and details of buildings on the site.

§ 120-17.26 Public use and service areas.

A. Utility easement. In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or Borough departments concerned.

B. Drainage easement. Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way at least 15 feet wide, conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose of disposing of stormwater and for flood control. The developer shall deed areas deemed necessary for flood control by the Planning Board to the Borough.

C. Preservation of natural features. Natural features such as trees, brooks, hilltops and views shall be preserved in designing any subdivision containing such features, except that dead, dying and diseased trees shall be removed.

§ 120-17.27 Bulk storage.

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

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

(2) 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.

(3) All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the reviewing agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements in this Part 2, and a six-foot chain-link fence or equivalent shall be provided.

B. 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 in this Part 2.

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

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

E. 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.

§ 120-17.28 Fire hydrants.

A. 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 New Jersey American Water 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 600 feet or less.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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

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

D. The installation of fire hydrants, with respect to any subdivision, shall not be considered a subdivision improvement to be included in the bonding requirements of this Part 2, but rather the proper installation of fire hydrants shall be a condition of the issuance of the certificate of occupancy; however, all costs shall be borne by the developer.

E. All fire hydrants shall be painted in accordance with the standards of the Borough of Kenilworth.

§ 120-17.29 Sewage disposal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A. Prior to the approval of any final plat, the full approval of any sanitary sewage disposal system must have been obtained from the Rahway Valley Sewerage Authority and filed with the municipal agency or the final approval will be conditioned upon full approval of the Rahway Valley Sewerage Authority.

B. The public sewage disposal system shall be installed in accordance with the rules and regulations of the New Jersey Board of Public Utilities and in accordance with other requirements of law and subject to the approval of the Rahway Valley Sewerage Authority.

§ 120-17.30 Soil erosion and sediment control.

A. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the standards for soil erosion and sediment control in New Jersey, set forth in the Soil Erosion and Sediment Control Act, Chapter 251, Laws of 1975, as amended and supplemented.[1]

[1] Editor's Note: See N.J.S.A. 4:24-39 et seq.

B. Certification of the soil erosion and sediment control plan shall be required from the Somerset-Union Soil Conservation District, unless:

(1) Land disturbance is associated with the construction of a single-family dwelling unit, unless such unit is a part of a subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.

(2) Land disturbance is 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Uniform Construction Code of the State of New Jersey would require a building permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) Land disturbance is associated with agricultural use of lands when operated in accordance with a farm conservation plan approved by the Somerset-Union Soil Conservation District or where the soil district has determined that such use will not cause excessive erosion and sedimentation.

(4) Land disturbance is associated with gardening primarily for home consumption.

§ 120-17.31 Solid waste storage.

A. 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.

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

C. The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than four 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. 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 municipal agency approval.

E. The opening in the enclosed refuse area should be provided with a solid gate not less than five feet in height to permit access to the refuse enclosure and screening from adjoining properties and public streets.

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

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

H. 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.

I. 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.

§ 120-17.32 Storm drainage facilities.

Stormwater management in all proposed subdivisions and residential developments and all business, commercial and industrial developments shall be in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-7), as modified by the NJDEP Stormwater Management Rules (N.J.A.C. 7:8).

§ 120-17.33 Storm drainage calculation criteria.

A. The minimum design storm frequencies for drainage calculations shall be two, 10 years and 100 years. Detention and retention basin calculations shall include an analysis to show that a one-hundred-year design storm will not overtop the basin wall.

B. Velocity restrictions. In general, velocities in closed conduits at design flow should be at least 2.5 feet per second, but not more than the velocity which will cause erosion damage to the conduit, and velocities in open channels at design flow shall not be less than 1.5 feet per second and not greater than that velocity which will begin to cause erosion or scouring of the channel.

(1) For unlined earth channels, the maximum velocity allowed will be two feet per second.

(2) At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions.

C. All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection, Land Use Regulation Program, for approval in accordance with statute.

D. Storm drainage facilities. In all proposed subdivisions and residential developments and all business, commercial and industrial developments, the peak runoff after development shall be in accordance with peak rate reduction factors as per the Residential Site Improvement Standards (N.J.A.C. 5:21-7).

E. Runoff calculation criteria.

(1) Peak runoff after development shall be no greater than the applicable percentage of the peak runoff prior to development computed for the one-, two-, ten-, and one-hundred-year design storm as stated in the Residential Site Improvement Standards.

(2) "Design storm" is defined as a twenty-four-hour storm using Type III rainfall distribution recommended by the United States Natural Resources Conservation Service when using United States SCS procedures as outlined in TR-55.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) For the purposes of computing existing runoff, a site shall be assumed to be in good condition if the lands are pastures, lawns or parks, with good cover (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of actual conditions existing at the time of computation.

(4) Time of concentration and travel time computations, for the purpose of computing site runoff, shall be estimated utilizing the methodologies as outlined in the Natural Resources Conservation Service TR-55.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(5) Water quality control.

(a) The one-year, twenty-four-hour, Type III storm or a storm of 1 1/4 inches of rainfall in two hours shall be retained and released to allow 90% volumetric release in 18 hours (residential) and 36 hours (other).

(b) Minimum orifice diameter shall be three inches.

(c) Infiltration measures may be used to accomplish water quality requirements, but the lowest point in the basin must be a minimum of four feet above the seasonal high groundwater for residential developments. For other development, infiltration measures may be used on a case-by-case basis only, to avoid pollution of groundwater. Complete infiltration must occur within 72 hours.

(d) In retention ponds, the water quality requirements shall be satisfied if the volume of the permanent pond is at least three times the volume of runoff produced by the water quality design storm.

F. Design criteria for detention facilities.

(1) Bottoms. To promote complete emptying and prevent standing water or soggy surfaces, vegetated bottoms shall be required.

(a) Four-foot-wide, V-shaped, concrete low-flow channels shall be constructed with a minimum slope of 1/2 of 1% from all influent pipes to the discharge structure.

(b) The lowest point in the pond bottom shall be at least four feet above the seasonally high groundwater level or bedrock unless adequate subsurface drains are provided.

(c) Subsurface drains connected to low-flow channels, principal outlet structures or other downstream discharge points are encouraged to promote quick and thorough drying of the facility bottom.

(2) Embankments and side slopes.

(a) For safe movement of personnel and safe operation of equipment, side slopes greater than five feet in height shall be no steeper than four horizontal to one vertical. Side slopes less than five feet high should not exceed three horizontal to one vertical.

(b) The minimum top width of the embankment shall be 10 feet.

(c) The minimum elevation to the top of the settled embankment shall be one foot above the water surface in the detention basin with the emergency spillway at the maximum design flow or a minimum of two feet above the crest of the emergency spillway, whichever is higher.

(3) Outlet structures.

(a) Multiple-level outlets or other fully automatic outlets shall be designed so that discharge rates from the development for all design storms will not be increased over existing conditions.

(b) The discharged water shall not cause erosion or other damage.

(c) Outlets shall be designed to function without manual, electric or mechanical controls.

(d) Outlet orifice and weir plates should be constructed from aluminum or other lightweight, noncorrodible materials. The plates should be fastened to the structure with noncorrodible, removable fasteners. A gasket of neoprene or similar material should be placed between the plate and the structure wall. The opening in the structure wall, over which the plat is bolted, should have at least twice the area of the outlet orifice or weir.

(e) To facilitate access and movement by maintenance personnel, principal outlet structures should have a minimum horizontal interior dimension of four feet.

(f) To facilitate cleaning, trash racks should be comprised primarily of sloping bars aligned longitudinally (in the direction of flow). Perpendicular bars, aligned transverse to the direction of flow, should be added for strength and rigidity. In general, longitudinal bars shall be spaced a distance equal to 1/2 the diameter of the outlet orifice or 1/2 the width or height (whichever is less) of the outlet weir. Minimum and maximum spacings of two inches and six inches on center, respectively, are recommended. Transverse bars should be spaced as necessary for strength and rigidity.

(g) Trash racks should be hinged or attached with noncorrodible, removable fasteners to allow access to the outlet orifice or weir by maintenance personnel.

G. Storm sewer design and calculation criteria.

(1) Storm sewers shall be designed utilizing the Rational Method. The minimum design storm frequency shall be 25 years.

(2) Velocity restrictions. Velocities in closed conduits, at design flow, should be at least 2.5 feet per second, but not more than the velocity which will cause erosion damage to the conduit. Velocities in open channels, at design flow, shall not be less than 1.5 feet per second and not greater than two feet per second for unlined earth channels.

(3) At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions.

§ 120-17.34 Traffic control devices.

A. 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.

B. Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors and channelizing markers.

(1) 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.

(2) Proposed devices shall be according to an approved plan submitted at the time of final plat approval.

C. 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.

§ 120-17.35 Utilities.

A. 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 in accordance with the Typical Utility Layout and Typical Road Section or in such other configuration as set forth by the approving body, Borough Engineer and utility companies where necessary and appropriately coordinated.

(1) The installation of all underground utilities shall conform to the regulations of the New Jersey State Board of Public Utilities.

(2) Installation of all utilities shall conform to the construction standards of the appropriate utility.

B. Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in this Part 2.

(1) All utility installations shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.

(2) 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 and located in consultation with the utility companies and/or Borough departments concerned.

C. For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utilities and shall submit to the municipal agency, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this article; provided, however, that lots in such subdivisions which abut existing streets or public rights-of-way where overhead utility distribution supply lines have theretofore been installed on a portion of the streets involved may be supplied with service from such overhead lines or extensions thereof, but the service connections from the overhead lines shall be installed underground.

D. In any event, new building service connections for all multifamily developments and for any industrial, commercial or office developments containing a floor area of 10,000 square feet or more shall be installed underground. All other new service connections shall also be installed underground unless a specific waiver is granted by the municipal agency.

E. Where a state permit is required for utilities, the applicant shall submit said permit prior to any final approval or issuance of a building permit as determined by the Planning Board.

F. Meters may be mounted on exterior walls. All meters shall be screened so that they are not visible from any internal or public streets and access satisfactory to the supplying utility is maintained.

§ 120-17.36 Water supply.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Prior to the approval of any final plat, the full approval of any public water system must have been obtained and filed with the municipal agency, or the final approval will be conditioned upon full approval from the appropriate utility.