A.
All improvements shall be installed in complete accordance with the
standards of this chapter, with other particular specifications approved
by the reviewing agency and Municipal Engineer and with all other
applicable municipal, county, state and federal regulations.
(1)
Should improvements be required which are not provided for within
the particular sections of this chapter, they shall be designed and
constructed in accordance with good engineering practice and recognized
design standards.
(2)
The developer (or his engineer) shall submit detailed design 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 Municipal 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amended or superseded by the requirements of this Article, by the
approved final plat, by particular agreement among the reviewing agency,
Municipal Council and subdivider or by other applicable municipal,
county, state or federal regulations, shall govern the completion
of the required improvements. Such Standard Specifications and Standard
Construction Details (standards) are made a part of this Article by
reference and will not be repeated herein. The requirements of this
Article, of an approved final plat or of particular agreements and
conditions of approval and of applicable municipal, county, state
or federal regulations shall govern and prevail in the case of conflict
between them and the Standard Specifications or Standard Construction
Details. Should the municipality adopt, subsequent to the effective
date of this Article, particular and specific standards construction
details for the municipality, they shall govern and prevail over the
Standard Construction Details of the New Jersey Department of Transportation
previously referred to.
A.
All site plan and subdivision plats shall conform to design standards
that will encourage desirable development patterns within the municipality.
(1)
Where either or both an Official Map or Master Plan have been adopted,
the site plan or subdivision shall conform to the proposals and conditions
shown thereon.
(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 site plans
and subdivision plats.
(3)
Where no Master Plan or Official Map exists, or makes no provisions
thereof, streets and drainage rights-of-way shall be shown on the
final plat in accordance with N.J.S.A. 40:55D-38 and shall be such
as to lend themselves to the harmonious development of the municipality
and the enhancement of the public welfare.
B.
Within the criteria established by and subject to the review and
approval of the reviewing agency, all design of a site plan or subdivision
is the responsibility of the developer, and he shall be responsible
for and bear the entire cost of any and all investigations, tests,
reports, surveys, samples, calculations, environmental assessments,
designs, researches or any other activity necessary to the completion
of the design.
(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 Article and the City of Perth Amboy 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 Article, 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 Municipal 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 Municipal Engineer.
(3)
The design standard change shall be approved by the reviewing agency
upon a report from the Municipal 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.
A.
The block length, width and acreage within bounding roads shall be
such as to accommodate the size and dimensions of lots required for
the zoning district by this chapter and to provide for convenient
access, circulation control and safety of vehicles and pedestrians.
B.
Block lengths may vary between four hundred (400) and two thousand
(2,000) feet, but blocks along other than local collector streets
shall not be less than one thousand (1,000) feet long.
C.
Interior crosswalks with a right-of-way twenty (20) feet wide containing
a sidewalk of five (5) feet or greater in width and fenced on both
sides may be required for blocks longer than one thousand (1,000)
feet, from the ends of the culs-de-sac to adjacent streets and elsewhere
as required by the public convenience, including the provision of
walks giving access to schools, playgrounds and shopping centers without
the necessity of crossing traffic thoroughfares.
D.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
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, without
the prior approval of the Municipal 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 municipality.
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 Municipal Engineer. All trees
to be saved must have a snow fence erected at the drip line of the
tree.
B.
Material which the Municipal Engineer judges unsuitable for use in
roadway embankment may be used for grading outside the roadway right-of-way
or in building areas with the permission of the Municipal 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.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways shall be provided with slopes no steeper than
one (1) foot of vertical rise for every three (3) feet of horizontal
distance.
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 or 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 Municipal 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 tops 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 two percent (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. Said grading shall be performed
in a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
Grading plans shall have been submitted with the preliminary and final
plats, and any departure from these plans must be approved in accordance
with the requirements of this chapter for the modification of improvements.
Grading shall be designed to prevent or minimize drainage to structures
or improvements when major storms, exceeding the design basis of the
storm drainage system, occur.
(1)
Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If it is impossible
to drain directly to the street, it shall be drained to a system of
interior yard drainage designed in accordance with the standards for
drainage facilities, and suitable drainage easements shall be provided.
(2)
Unless otherwise required by the standard specifications, all tree
stumps, masonry and other obstructions shall be removed to a depth
of two (2) feet below finished grade.
(3)
The minimum slope for lawns shall be two percent (2%) and, for smooth,
hard-finished surfaces, other than roadways, three-fourths of one
percent (3/4 of 1%).
(4)
The maximum grade for lawns within five (5) feet of a building shall
be five percent (5%) and, for lawns more than five (5) feet from a
building, two percent (2%).
(5)
Retaining walls installed in slope control areas shall be constructed
of heavy treated timber, reinforced concrete, other reinforced masonry
or of other construction acceptable to the Municipal 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 one-third (1/3) of the horizontal distance from the
foundation wall of any building to the face of the retaining wall.
Should the municipality adopt, subsequently to this chapter, standard
details for such construction, the same shall govern.
(6)
The developer shall take all necessary precautions to prevent any
siltation of streams, sewers or roads during construction. Such provisions
may include, but are not limited to, construction and maintenance
of siltation basins or holding ponds and diversion berms through the
course of construction.
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 Municipal
Engineer to the contrary, only concrete obtained from dry-batched
redi-mixed 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 (1) gallon per two hundred (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 one hundred degrees Fahrenheit (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 touch within four (4) 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 (4) hours after application. Any coloring
matter added to the compound shall be a fugitive organic dye of a
color approved by the Engineer. All traces of this color shall be
indistinct thirty (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 fifty-five thousandths
(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.
A.
Curbing shall be constructed on both sides of all streets shown on
all major subdivisions and shall be required on minor subdivisions
in accordance with the standards prescribed for the requirements of
sidewalks in the case of minor subdivisions. All parking areas and
driveways on site plans shall be curbed. Concrete or wood stops shall
not be permitted.
B.
Any existing pavements damaged by curb construction shall be repaired
to the standards herein and/or as shown on the final plat.
C.
Where one (1) side of the development boundary is along an exiting
street, the curb and improvements shall be constructed only on a development
side unless the reviewing agency requires full roadway improvements.
D.
The following type of curb shall be constructed:
(1)
The concrete curb shall be eight (8) inches wide at its base and
not less than six (6) inches wide at its top.
(2)
Its height shall not be less than eighteen (18) inches constructed
to show a vertical face above the roadway pavement of six (6) inches.
(3)
It shall be constructed by use of suitable lumber or metal forms,
true to line and grade, and open joints shall be provided at intervals
of ten (10) feet and one-half-inch bituminous expansion joints every
twenty (20) feet.
(4)
Curb and/or combination curb and gutter shall be constructed of Class
B concrete, air-entrained, in accordance with the requirements of
the standard specifications.
(5)
Curbing shall be laid in a workmanlike manner as directed and approved
by the Municipal Engineer.
(6)
At places where a concrete curb abuts portland cement concrete pavement,
joints in the curb shall be placed to match the paving joints, and
intermediate joints shall be placed so as to create equal curb panels
not longer than twenty (20) feet.
(7)
The requirements of the standard specifications regarding curing
precautions must be strictly observed.
E.
The curb at all driveway openings shall be depressed at the front
of the curb to a point two (2) inches above the finished pavement
and at the back of the curb three (3) inches above the finished pavement.
F.
The rear top corner of this curb shall have a radius of one-fourth
(1/4) inch, and the front top corner shall have a radius of one and
one-half (1 1/2) inches.
G.
Curb openings shall be in such width as shall be determined by the
Municipal Engineer but in no case less than sixteen (16) feet at the
edge of the pavement.
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
to the lines of such facility. The minimum easement width shall be
twenty (20) feet or as outlined in the Residential Site Improvement
Standards (RSIS).
[Amended 9-21-2005 by Ord. No. 1304-2005]
(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 Municipal
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 thirty-five (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)
Said easement and right-of-way shall include provisions assuring
the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement and right-of-way.
(c)
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
(d)
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow 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 twenty-five (25) feet but not more than one hundred (100) feet
in width independently located or running adjacent to each side of
any required drainage or stormwater right-of-way.
(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 shall 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 or signs
exceeding thirty (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 the municipality's street right-of-way lines and a straight
line connecting points on each right-of-way line 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:
(4)
Where intersections occur on highways or roadways under the jurisdiction
of the State of New Jersey or County of Middlesex, the sight-triangle
easements required by the state or the County of Middlesex shall be
substituted in lieu of the requirements above.
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
unless the distance from the midpoint of the frontage or 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 six hundred (600) feet or less.
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 be placed at the closed end of the turnaround
of a cul-de-sac, and, if the distance between the open end and the
closed end is greater than four hundred (400) feet, then fire hydrants
shall be placed at both the open end and the closed end of the cul-de-sac.
The water main size in a cul-de-sac shall be eight (8) inches.
D.
The installation of fire hydrants, with respect to any subdivision,
shall be considered a subdivision improvement and is to be included
in the bonding requirements of this Article, and 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 City of Perth Amboy.
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 4 timber 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.
[Amended 9-21-2005 by Ord. No. 1304-2005]
A.
All parking areas for five (5) or more motor vehicles shall be illuminated
with approved exterior lighting standards, with a minimum of one-half
(1/2) horizontal footcandle average lighting level at the surface
of the lot.
(1)
The minimum lighting level at any location within the parking area
shall be seventy-five percent (75%) of the average level.
(2)
Freestanding lighting standards or poles shall not exceed the height
of adjacent buildings served by the parking lot or a maximum of twenty
(20) feet.
(3)
Lighting fixtures shall be directed and/or shielded to prevent stray
illumination from impacting on adjacent properties.
B.
All major pedestrian walkways and sidewalks which are not within
a street right-of-way or abutting a private internal street serviced
by streetlighting and which are used by the public after sunset shall
be illuminated with a minimum lighting level of one-half (1/2) horizontal
footcandle average at the surface of the walk.
A.
Unless otherwise provided in this Article, lot area and dimensions
shall not be less than the requirements of the respective zoning districts
as set forth in this chapter.
(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 eight percent (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 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 chapter.
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 municipality
or other public or quasi-public body and will be held in its 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 (5) 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, or latest revision, 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 Municipal 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 municipality.
J.
All structures must be accessible by means of an approved driveway.
The driveway must be not less than ten (10) feet wide and must have
a center-line grade of not less than five-tenths percent (0.5%) and
not greater than ten percent (10%). For all non-single-family uses,
or residential uses located on collector or arterial roads, driveways
must provide turnarounds to eliminate the necessity of any vehicle
backing onto any street.
Monuments shall be of a size and shape required by N.J.S.A.
46:23-9.11 and N.J.A.C. 13:40-5.1, and amendments and supplements
thereto, and shall be placed in accordance with said statute and Administrative
Code.[1] In addition to the required monuments after the grading
is finished, the developer shall install a solid steel stake one (1)
inch in diameter and thirty (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.
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 (2) 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 (1) 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 Municipal
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 Municipal 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 six and one-half (6 1/2)
inches for local, local collector and minor collector streets and
eight (8) inches for other classifications.
(2)
Pavement on local, local collector and minor collector streets shall
be a six (6)-inch dense aggregate subbase, five (5)-inch compacted
thickness of bituminous stabilized base course (Mix I-2), with two
(2) 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 six a (6)-inch dense aggregate base course,
six (6)-inch compacted thickness of bituminous stabilized base course
(Mix I-2), with a two (2)-inch compacted thickness of bituminous concrete
surface course (Mix I-5).
[Amended 9-21-2005 by Ord. No. 1304-2005]
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 course, 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 for Soil Aggregate, Type 5, Class A,
or Type 2, Class A or B.
(3)
Portland cement concrete pavements must be constructed with a minimum
of six (6) inches of a granular-type subbase meeting the requirements
of the standard specifications.
(4)
Any subbase course or aggregate base course to be utilized with any
type of pavement shall have a minimum thickness of four (4) 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 five (5)
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 Municipal Engineer.
(b)
Any areas of the base course in need of repair shall be removed
and replaced at the direction of the Municipal Engineer.
(c)
If the Municipal 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 Municipal 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
the 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 Municipal Engineer has inspected the installation of and tested
and approved of a suitable sample section of such pavement.
(2)
In the event that the Municipal Engineer does not approve the sample
section of pavement, the developer shall remove the same section and
replace it with a type of pavement permitted by this chapter or such
other alternate as may be approved by the reviewing agency.
A.
Prior to the approval of any final plat, the full approval of any
sanitary sewage disposal system must have been obtained from the Municipal
Engineer.
B.
The public sewage disposal system shall be installed in accordance
with the rules and regulations of the New Jersey Department of Environmental
Protection and in accordance with other requirements of law and subject
to the approval of the Municipal Engineer.
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.
(2)
Nothing contained herein shall affect the right of the municipality
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 street rights-of-way shall generally be located
with the sidewalk edge farthest from the roadway placed one (1) 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.
C.
Sidewalks shall be four (4) feet wide and four (4) 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 twenty (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. All ramps shall conform to the American
Disabilities Act.
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 of the 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 Freehold 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 (2) or
more such single-family dwelling units.
(2)
Land disturbance is five thousand (5,000) square feet or less of
the surface area of land for the accommodation of construction for
which the Standard Building Code of the State of New Jersey would
require a building permit.
(3)
Land disturbance associated with agricultural use of lands when operated
in accordance with a farm conservation on a plan approved by the Freehold
Soil Conservation District or where the soil district has determined
that such use will not cause excessive erosion and sedimentation.
(4)
Land disturbance associated with gardening primarily for home consumption.
A.
Storm drains, culverts, catch basins and other drainage structures
shall be installed in each subdivision in accordance with the map
submitted to the municipal agency.
(1)
All storm drainage facilities shall be constructed in accordance
with the applicable requirements of the standard specifications.
(2)
The developer (or his engineer) shall submit complete calculations,
specifications, plans and details for all proposed storm drainage
facilities.
(3)
Any field samples or laboratory tests required to document the conclusions
of such calculations shall be performed at the sole expense of the
developer.
(4)
All storm drainage facilities shall be designed in accordance to
the Residential Site Improvement Standards and/or the Storm Water
Management Regulation in N.J.A.C. 7:8.
[Added 9-21-2005 by Ord.
No. 1304-2005]
B.
All storm drainage pipes shall be slip-joint O-ring-type reinforced
concrete or, subject to the restrictions herein, fully coated, invert
paved, corrugated metal steel culvert pipe meeting the requirements
of the standard specifications.
(1)
All pipes shall have a wall thickness sufficient to meet the proposed
conditions of service; however, no wall thickness less than Class
3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal
steel pipe shall be allowed.
(2)
All pipes shall comply with ASTM C-76.
(3)
Generally, concrete pipe will be used except in areas of steep grades
or other restrictive physical conditions where corrugated metal or
other types of pipe may be permitted.
(4)
All corrugated metal pipe shall be fully bituminous coated with a
paved invert and of a gauge meeting the requirements of the standards
specifications sufficient for the proposed service.
(5)
All storm drains shall be a tangent between inlets, manholes or other
structures, except that the use of fittings or factory curved pipes
may be allowed by the Municipal Engineer when necessary to accommodate
existing geometry or utilities.
(6)
Prior to laying any storm drain, the bottom of all trenches shall
be inspected by the Municipal Engineer.
(a)
Should the Engineer determine that the trench is unsuitable
for the placement of the pipe, the developer shall take all necessary
action to remove or eliminate any unsuitable condition.
(b)
These shall include, but are not limited to, excavation and
backfilling with suitable material, placement of bedding material,
construction of pipe cradles or such other action necessary to remove
all unsuitable conditions.
(c)
Proposed storm drainage installations which do not conform to
the above must be fully detailed and approved as part of the final
plat.
C.
Inlets and manholes shall be constructed where required in accordance
with the requirements of the standard specifications. All inlets and
manholes shall be precast concrete only.
(1)
All street inlets shall be City of Perth Amboy Type C inlet.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(2)
All yard inlets shall be City of Perth Amboy Type C.
[Amended 9-21-2005 by Ord. No. 1304-2005]
(3)
Drains shall be installed where the character and composition of
the earth in the roadbed itself or adjacent terrain renders such installation
necessary. These combination drains shall be constructed as follows:
The bottom one-third (1/3) of the pipe shall be caulked with jute
or equivalent material, and the pipe shall be laid in a stone bed
for a depth equal to one-half (1/2) the diameter of the pipe.
(4)
In continuous conduit runs, spacing between structures (inlets or
manholes) shall not exceed six hundred (600) feet or where the contributory
runoff to a structure is less than four (4) cubic feet per second.
(5)
Structures (inlets or manholes) shall be located so as not to interfere
with primary routes of pedestrian travel or any proposed handicapped
ramp or similar facility.
(6)
Generally, sufficient inlets will be placed to eliminate any flow
across any intersections.
(7)
All grates shall be bicycle-safe type.
D.
Open channels shall be designed to contain the required flow and
shall have a design velocity low enough in the judgment of the Municipal
Engineer so as not to cause erosion.
(1)
The minimum easement for open channel sections shall be the maximum
design top width of the channel section segment plus twenty-five (25)
feet rounded to the next highest five-foot increment.
(2)
Changes of direction in open channels must have a maximum radius
of eight hundred (800) feet or be adequately paved or rip rapped.
E.
Culverts or drains shall be constructed as specified herein.
(1)
The location, length, depth, grade, type and size of pipe shall be
designated on the plans.
(2)
Trenches shall be bridged at the street crossings, intersecting streets
and public and private entrances in such a manner that traffic will
not be interrupted.
(3)
Easement of a width sufficient to allow proper maintenance, but in
no case less than fifteen (15) feet, shall be provided for the outletting
of all drains, pipelines, etc., to streams, existing storm drains
or other legal drainage courses. These easements shall be granted
to the municipality in writing, the form of which is to be approved
by the Municipal Attorney and the metes and bounds description to
be approved by the Municipal Engineer.
(4)
All non-pipe culverts shall be designed for AASHO H20-44 loading.
F.
Headwalls shall be provided at all terminations.
G.
Retaining walls installed in slope control areas shall be adequately
designed to carry all earth pressures, including any surcharges. The
heights of the retaining walls should not exceed one-half (1/2) of
the horizontal distance from the foundation wall of any building to
the face of the retaining wall.
H.
Guardrails and/or railings shall be placed at all drainage structures
where the interests of pedestrian or vehicular safety would dictate.
(1)
The reviewing agency may require that any open channel, other than
naturally occurring streams, shall be fenced with chain link fencing
forty-eight (48) inches high if the banks of the channel are steeper
than one (1) foot vertically for every four (4) feet horizontally
and either the total depth of the channel exceeds four (4) feet or
the channel would be expected to have a depth of flow greater than
two (2) feet more often than once every ten (10) years.
(2)
For maintenance purposes, gates may be required by the municipal
agency at approximately two hundred-foot intervals.
I.
Stormwater runoff restrictions in all proposed subdivisions and residential
developments and all business, commercial and industrial developments
comprising a design limit for stormwater runoff shall be zero-percent
increase of the runoff generated by the site in its natural conditions
for the two-, ten-, twenty-five and one-hundred-year storm unless
downstream facilities have been determined to be fully adequate. Runoff
calculations shall be based on the Rational Method or the Soil Conservation
Service Procedures TR-55.
J.
Special drainage provisions.
(1)
The existing system of natural drainage within each development shall
be reserved to the maximum extent possible. To this end, the reviewing
agency may require the preservation of natural drainage swales, recharge
areas, wet weather ponds and similar features and may require suitable
drainage and conservation easements and possible increases in lot
size to allow usable lots with the preservation of such features.
(2)
Subject to review and approval by the reviewing agency, the design
of the development may be modified to take advantage of the natural
drainage features of the land.
A.
The minimum design storm frequencies for drainage calculations shall
be two (2), ten (10), twenty-five (25) and one hundred (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 two and five-tenths (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 one and five-tenths (1.5) feet per second and not
greater than that velocity which will begin to cause erosion or scouring
of the channel.
C.
All encroachments of natural waterways must be referred to the New
Jersey Department of Environmental Protection, Division of Water Resources,
for approval in accordance with statute.
D.
Storm drainage facilities.
(1)
In all proposed subdivisions and residential developments and all
business, commercial and industrial developments, the peak runoff
after development shall be no greater than the peak runoff prior to
development for the storm frequency outlined.
(2)
A proposed development shall be considered exempt from Subsection D if all the following requirements are applicable to the development:
(a)
The development is a residential development comprising a site
or tract area of less than ten (10) acres or the development is a
business, commercial or individual development comprising a site or
tract area of less than five (5) acres.
(b)
The existing downstream stormwater facilities, for a distance
up to one thousand (1,000) feet, from the proposed development can
be demonstrated to possess adequate capacity to convey the additional
runoff from the development.
(c)
The downstream analysis shall be based upon full development
within the drainage plan.
E.
Runoff calculation criteria.
(1)
Peak runoff after development shall be no greater than the peak runoff
prior to development computed for the two-, ten-, twenty-five- and
one-hundred-year design storm.
(2)
"Design storm" is defined as a twenty-four-hour storm using Type
III rainfall distribution recommended by the United States Soil Conservation
Service when using United States Soil Conservation Service procedures
as outlined in TR-55.
(3)
For the purposes of computing existing runoff, sites 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 Soil Conservation Service, TR-55.
(5)
Water quality control.
(a)
The one-year, twenty-four-hour, Type III storm or a storm of
one and one-fourth (11/4) inches of rainfall
in two (2) hours shall be retained and released to allow ninety-percent
volumetric release in eighteen (18) hours (residential) and thirty-six
(36) hours (other).
(b)
Minimum orifice diameter shall be three (3) 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 (4) 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 seventy-two (72) hours.
(d)
In retention ponds, the water quality requirements shall be
satisfied if the volume of the permanent pond is at least three (3)
times the volume of runoff produced by the water quality design storm.
F.
Design criteria for detention facilities.
(1)
Bottoms.
(a)
To promote complete emptying and prevent standing water or soggy
surfaces, vegetated bottoms shall not be permitted.
(b)
Four-foot wide, V-shaped concrete low flow channels shall be
constructed with a minimum slope of one-half of one percent (1/2 of
1%) from all influent pipes to the discharge structure.
(c)
The lowest point in the pond bottom shall be at least four (4)
feet above the seasonally high groundwater level or bedrock unless
adequate subsurface drains are provided.
(d)
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 (5) feet in height shall be no steeper
than four (4) horizontal to one (1) vertical. Side slopes less than
five (5) feet high should not exceed three (3) horizontal to one (1)
vertical.
(b)
The minimum top width of the embankment shall be ten (10) feet.
(c)
The minimum elevation to the top of the settled embankment shall
be one (1) foot above the water surface in the detention basin with
the emergency spillway at the maximum design flow or a minimum of
two (2) 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 plate 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 (4) 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 one-half (1/2) the diameter of
the outlet orifice or one-half (1/2) the width or height (whichever
is less) of the outlet weir. Minimum and maximum spacings of two (2)
inches and six (6) 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 twenty-five (25) years.
(2)
Velocity restrictions. Velocities in closed conduits, at design flow,
should be at least two and five-tenths (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 one and five-tenths (1.5) feet per second and not greater
than two (2) 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.
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 municipality and in accordance
with this subsection.
(1)
Upon receipt by the reviewing agency of any subdivisions or site
plans calling for the installation of new streets or the extension
of old streets, the plats shall be referred to the Municipal Engineer,
Police Department, fire Department and the first aid squad 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 Municipal 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 municipality.
(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 by
the following Schedule of Street Design Standards shall only be the
minimum of thirty (30) feet for certain minor streets designed solely
to allow access by residents to their homes. Under no circumstances
is the minimum width of any street in the City of Perth Amboy to be
less than thirty (30) feet.
|
Schedule of Street Design Standards
| |||
|---|---|---|---|
|
Street Classification
| |||
|
Local
|
Collector Streets
|
Arterial Highways
| |
|
Normal traffic capacity (ADT)
|
400
|
3,000
|
10,000
|
|
Minimum right-of-way width (feet
|
50
|
60
|
100
|
|
Minimum paving width (feet)
| |||
|
Two-way
|
30
|
40
|
60
|
|
Shoulder (or parking area) width1
|
—
|
—
|
2 at 8 feet
|
|
Sidewalks
| |||
|
Width (feet)
|
4
|
4
|
4
|
|
Setback, from face of curb (feet)
|
4
|
4
|
4
|
|
Design speed (mph)3
|
40
|
50
|
60
|
|
Minimum radius of horizontal curvature at center line (feet)
|
159
|
500
|
2,000
|
|
Minimum tangent between reverse curbs (feet)
|
100
|
200
|
6004
|
|
Maximum longitudinal grade (percent)
|
8
|
8
|
4
|
|
Minimum longitudinal grade (percent)
| |||
|
Desirable
|
0.75
|
0.75
|
0.75
|
|
Absolute
[Amended 9-21-2005 by Ord. No. 1304-2005] |
0.50
|
0.50
|
0.50
|
|
Maximum longitudinal grade for 200 feet from each side of an
intersection (percent)
|
3.5
|
3.00
|
—
|
|
Minimum curb return radius at intersection (feet)2
|
15
|
25
|
45
|
|
Vertical curve5
Crest: minimum length equals 100 feet—based
on stopping sight distance at design speed
| |||
|
Sag: minimum length equals 100 feet—based
on headlight illumination and stopping sight distance at design speed
| |||
|
Maximum super-elevation not required (percent)
|
—
|
—
|
6
|
|
Pavement cross slope minimum (percent)
|
3.007
|
3.338
|
1.508
|
|
Curb face required (inches)6
|
6
|
8
|
8
|
|
Minimum property line corner radius (feet)2
|
5
|
15
|
30
|
|
Notes:
|
|
1 Shoulders or parking areas as may
be required.
|
|
2 When dissimilar streets intersect,
the larger radius will be used.
|
|
3 For sight distance and vertical
curve calculation only.
|
|
4 As required to run out superelevation
[one percent (1%) per section of travel at design speed].
|
|
5 Not required if algebraic difference
of intersecting grades does not exceed one (1).
|
|
6 Except in superelevation areas.
|
|
7 A six-inch crown.
|
|
8 An eight-inch crown.
|
|
9 The roadway widths outlined in
various sections of this chapter which are applicable to specific
uses shall apply.
|
|
10 In artery highways, an eight-foot-wide
median strip shall be provided in the center of the roadway to separate
traffic.
|
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 chapter.
C.
Where developments abut existing roadways, sufficient rights-of-way
shall be reserved to provide the right-of-way width proposed for the
functional classification of the street in question.
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 (FIRM).
(2)
Local streets shall be arranged to discourage through traffic.
(3)
Culs-de-sac (dead-end streets) should have a centerline length, from
the intersecting street center line to the center point of the turnaround
of the cul-de-sac, of not less than one hundred (100) feet nor longer
than seven hundred (700) feet and should not provide access to more
than twenty-five (25) lots or as applicable within the design criteria
of specific zones in this chapter.
(a)
They shall provide an end turnaround with a pavement radius
of not less than fifty (50) feet and a property line radius of not
less than sixty (60) 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 should provide access to not more than forty-five (45)
lots.
(a)
Except that where access is provided by a combination of a short
loop street and cul-de-sac, the maximum shall be sixty (60) lots,
provided that the length of the loop street alone will not exceed
one thousand five hundred (1,500) feet.
(b)
Loop streets shall have both of their terminuses located on
the same street.
(5)
P-loops, which are loop streets with a single access point, should
have an entrance not exceeding seven hundred (700) feet in distance
from the loop intersection.
(a)
There should also be provided an emergency vehicular and pedestrian
right-of-way of fifteen (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
one thousand five hundred (1,500) feet.
(c)
P-loops should provide access to no more than forty-five (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 federal classification of roadways. In
making decisions, the reviewing agency shall refer to the Master Plan
and the Middlesex 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 four
hundred (400) vehicles per day.
(c)
The design speed for local streets shall be forty (40) 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 one hundred fifty (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 three thousand (3,000) vehicles per day.
(c)
The design speed of collector streets, for alignment and sight
distance purposes, should be fifty (50) miles per hour.
(3)
Arterials are any federal, state or county highways intended to carry
traffic between other arterials and from the municipality to destinations
outside the municipality.
(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 (2) 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 (2) streets shall cross the same point. Street intersections
shall be at right angles wherever possible, and intersections of less
than sixty degrees (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 five hundred (500) feet or arterials at
intervals of less than one thousand two hundred (1,200) feet.
(3)
Street jogs with center-line offsets of less than one hundred twenty-five
(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 three hundred (300) feet between their center
lines measured along the center line of an intersected collector or
five hundred (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 should 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 one thousand
(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 one hundred (100)
lots or housing units should have two (2) access points from collector
streets or arterial highways.
(4)
A tangent at least one hundred (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 municipality or contiguous areas of other communities.
Any continuation of an existing street shall have the same street
name.
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 Municipal Council to be credited toward the
completion of such improvements at such time as the adjacent land
develops.
M.
The right-of-way width and other standards for internal roads and
alleys in multifamily, commercial and industrial developments shall
be determined by the municipal agency on an individual basis and shall,
in all cases, be of sufficient width and design to safely accommodate
maximum traffic, parking and loading needs and maximum access for
fire-fighting equipment and shall generally conform to the requirements
herein.
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 Municipal Council
under conditions approved by the municipal agency.
A subdivision abutting public rights-of-way shall not be exempt from the requirement of Chapter 386, Streets and Sidewalks.
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 said 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 municipality.
F.
No major subdivision plat shall receive final approval unless the
suggested streetlighting plan of the electric utility is shown thereon.
G.
After final acceptance, operation and maintenance costs of the streetlighting
shall be the responsibility of the municipality.
H.
All wiring shall be underground.
A.
Street signs shall be appropriate metal street signs of a type and
size approved by the Department of Public Works and shall be properly
installed at each street intersection.
B.
Street signs shall be placed two (2) 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 Municipal Engineer.
C.
Mountings shall be in accordance with the standard procedures of
the municipality.
D.
Street signs shall be placed before any certificates of occupancy
for houses on the subject street are issued.
A.
Any person erecting or constructing any new buildings or residences
within the municipality which require site plan or subdivision approval
shall plant pollution-resistant shade trees on the property owner's
side of the sidewalk adjacent thereto.
B.
Street trees shall be planted on the property owner's side of the
sidewalk, not to lie closer than five (5) feet to existing or future
sidewalks.
(1)
Trees shall be of pollution-resistant varieties as approved by the
municipal agency.
(2)
The municipal agency, in consultation with the Shade Tree Commission,
may reduce or waive such plantings if there are approved varieties
of trees growing along such rights-of-way or on the property abutting
the street line. A developer shall make a donation of the reduced
number of areas to the city for planting within the city limits.
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 (1) tree in every twenty-five (25)
feet of front yards.
(1)
Pollution-resistant shade trees shall be planted along all private
streets, undedicated roads, drives and parking areas at intervals
of not more than thirty (30) feet of curbing or edge of pavement.
(2)
No tree shall be planted less than twenty-five (25) feet from an
existing or proposed streetlight or street intersection.
D.
Pollution-resistant trees referred to above shall be selected from
along species determined acceptable by the city. Species may include
those approved for this purpose by the Middlesex County Shade Tree
Commission. Suitable trees shall be selected on the basis of specific
site conditions.
E.
All shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown or of substantially uniform size and shape
and shall have straight trunks.
(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 chapter.
(2)
All trees shall be of Grade A nursery stock, with a minimum caliper
of two (2) to two and one-half (2 1/2) inches diameter at breast height.
A.
The developer shall, prior to final acceptance, install all traffic
control devices required within any development or, with the consent
of the Municipal Council, shall pay to the municipality a nonrefundable
sum, in cash or certified check, in the amount set by the Municipal
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 Municipal Engineer
and approved by the Municipal Council.
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,
Municipal Engineer and utility companies where necessary and appropriately
coordinated.
B.
Utilities may be required to be located along the rear property lines
or elsewhere within easements as provided in this Article.
(1)
All utility installation 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 twenty-five (25) feet
in width shall be provided and located in consultation with the utility
companies and/or municipality 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 section; 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 buildings' service connections for all multifamily
developments and for any industrial, commercial or office development
containing a floor area of ten thousand (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 as
approved by the utility utilizing the meters.
Prior to the approval of any final plat, the full approval of
any public water system must have been obtained from the Municipal
Engineer and the Department of Municipal Utilities and filed with
the municipal agency.
No building, structure or use shall be permitted within areas
defined as wetlands by the New Jersey Freshwater Wetlands Act of 1987
or latest revision,[1] except in accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
Within a flood hazard area designated, the following design
standards shall apply to developments requiring a floodplain encroachment
permit:
A.
Anchoring. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral movement of
the structure.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration or flood damage.
(3)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize
flood damage.
(2)
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision proposals.
E.
Residential construction. New construction or substantial improvement
of any residential structure shall have the lowest structural member,
including the basement, elevated one (1) foot above the base flood
elevation.
F.
Nonresidential construction. New construction or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest structural member, including the basement,
elevated one (1) foot above the base flood elevation or, together
with attendant utility and sanitary facilities, be floodproofed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capacity of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are
satisfied.
G.
Additional conditions. In areas of special flood hazard, any or all
of the following measures may also be required:
(1)
Floodproofing to include any or all of the following:
(a)
Installation of watertight doors, bulkheads and shutters or
similar devices.
(b)
Reinforced walls to resist water pressures.
(c)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(d)
Addition of weight to structures to resist flotation.
(e)
Installation of pumps to lower water levels in structures.
(f)
Pumping facilities, or comparable measures, for the subsurface
drainage system of buildings to relieve external foundation wall and
basement flood pressures.
(g)
Construction that resists rupture or collapse caused by water
pressure or floating debris.
(h)
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewage
or stormwaters into the structure. Gravity drainage of basements may
be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure that they are
not subject to inundation and flooding.
(j)
Adequate emergency electrical power supplies.
(2)
Imposition of operational controls, sureties and deed restrictions.
(3)
Requirements for construction of dikes, levees and other protective
measures.
(4)
Installation of an adequate flood warning system on the project site.
(5)
All fill and other earth work must be established according to the
Freehold Soil Conservation District.
H.
Floodways. Since the floodway is an extremely hazardous area due
to the velocity of floodwaters which carry debris, potential projectiles
and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements
and other development, are prohibited unless a technical evaluation
demonstrates that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(2)
If Subsection H(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions.
(3)
The placement of any structure in a floodway is prohibited.
(4)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the cumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than two-tenths (0.2) of a foot at
any point.
I.
Floodplains and resource protection areas. Site plan and subdivision
layouts shall comply with the following.
(1)
No structure or parking area, including but not limited to commercial
businesses and residential buildings, or fill will be allowed within
fifty (50) feet of the one-hundred-year floodplain of existing ponds,
lakes, floodways and stream corridors nor within wetlands, marshlands
and riparian lands, unless approval has been granted by the municipal
agency.
(2)
Impervious surfaces shall not exceed twenty percent (20%) of the
area of the tract within eighty (80) feet of a floodplain without
approval of the municipal agency.
(3)
Any other resource protection area, as herein defined, including
but not limited to marshlands [areas wherein standing water is retained
for twenty-four (24) or more consecutive hours and to which vegetation
unique to marshes, swamps or wetlands has become adapted] and areas
where conservation is required, shall not be encroached upon if, in
the opinion of the Municipal Engineer, through consultation with the
Environmental Commission, encroachment or construction upon such resource
area will constitute a hazard to existing drainage patterns and to
the balance of the natural environmental systems within and adjacent
to the area of the site.
J.
Design waivers in flood hazard areas. The municipal agency may grant
waivers from the design standards of this section. In reviewing requests
for waivers, the municipal agency shall consider the following.
(1)
Waivers may be issued for new construction and substantial improvements
to be erected on a lot of one-fourth (1/4) acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, provided that the standards of this section
have been fully considered. As the lot size increases beyond the one-fourth
(1/4) acre, the technical justification required for issuing the variance
increases.
(2)
Waivers may be issued for the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places without regard to the procedures
set forth in the remainder of this section.
(3)
Waivers shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(4)
Waivers shall only be issued upon a determination that the waiver
is the minimum necessary, considering the flood hazard, to afford
relief.
(5)
Waivers shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the waiver would result
in exceptional hardship to the applicant.
(c)
A determination that the granting of a waiver will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense; create nuisances; or conflict with existing
local laws or ordinances.
(6)
Any applicant to whom a waiver is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(7)
In reviewing a request for a waiver, the municipal agency may consider
the following
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the insulation
of these systems from disease, contamination and unsanitary conditions
resulting from flooding.
(d)
The susceptibility of the proposed use to flood damage and the
effects of such damage.
(e)
The need for a waterfront location and the availability of alternate
locations not subject to flooding within the applicant's property.
(f)
The duration, rate of rise, effects of wave action, velocity
and sediment transport of floodwaters expected at the site.
(g)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(h)
The extent to which the water-carrying capacity of the floodway
or channel would be disrupted.
(i)
The degree to which the proposed use would serve the general
public health, safety and welfare.
(j)
The degree to which any aspect of the food chain or plant, animal,
fish or human life processes would be affected adversely within or
beyond the proposed use area.
(k)
Whether the proposed use provides adequate facilities for the
proper handling of litter, trash, refuse and sanitary and industrial
wastes.
(l)
The degree to which the proposed activity would alter natural
water flow or water temperature.
(m)
The degree to which archaeological or historic sites and structures
are endangered or rare species of animals or plants and irreplaceable
land types would be degraded or destroyed.
(n)
The degree to which the natural, scenic and aesthetic values
at the proposed activity site could be retained.
(o)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities, such as sewer, gas, electrical and water systems and
streets and bridges.
A.
As a condition of approval and the continuance of any use, occupancy
of any structure and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the municipal agency or to
its designated representative, that the proposed use, structure, process
or equipment will conform fully to all of the applicable performance
standards.
(1)
As evidence of compliance, the municipal agency may require certification
of tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant.
(2)
The municipal agency may require that specific types of equipment,
machinery or devices shall be installed or that specific operating
procedures or methods shall be followed if the government agencies
or testing laboratories examining the proposed operation shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods is required in order to assure compliance with
the applicable performance standards.
(3)
Permits and certificates required by other government agencies shall
be submitted to the municipal agency as proof of compliance with applicable
codes.
(4)
If appropriate permits, tests and certifications are not or cannot
be provided by the applicant, then the municipal agency or administrative
officer (Zoning Officer) may require that instruments and/or other
devices or professional reports or laboratory analysis be used to
determine compliance with the following performance standards for
an existing or proposed use, and the cost thereof shall be borne by
the owner or applicant.
(5)
Conditional permit.
(a)
In the event that a determination cannot be made at the time
of application that a proposed use, process or piece of equipment
will meet the standards established in this section, the municipal
agency may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation.
(b)
Within thirty (30) days after a conditional permit is granted,
a certificate of occupancy shall be applied for and satisfactory evidence
shall be submitted that all standards established by this section
have been met.
B.
Hazardous, toxic or corrosive substances. No building or land shall
be used and no structure shall be erected, constructed, reconstructed,
altered or repaired for purposes of processing, manufacturing, producing
or storing hazardous, toxic or corrosive substances. "Hazardous, toxic
and corrosive substance" shall be defined as those named in regulations
promulgated by the United States Environmental Protection Agency,
New Jersey Department of Environmental Protection and other federal
and state regulatory agencies. This provision shall not apply to the
incidental use and limited storage of such substances in connection
with uses permitted by this chapter.
C.
Applicability and enforcement of performance standards.
(1)
Applicability.
(a)
Prior to construction and operation, any application for a development
or building permit for a use which shall be subject to performance
standards shall be accompanied by submissions, attachments, certifications
as required by this section and a sworn statement filed by the owner
of the subject property or the operator of the proposed use that said
use will be operated in accordance with the performance standards
set forth herein.
(b)
Existing structures. Any existing structure or use which is,
after the effective date of this chapter, allowed to deteriorate or
is modified so as to reduce its compliance with these standards will
be deemed to be in noncompliance and to constitute a violation.
(c)
No building or land shall be used and no structure shall be
erected, constructed, reconstructed, altered or repaired for purposes
of processing, manufacturing, producing or storing hazardous, toxic
or corrosive substances. As it is, toxic and corrosive substances
shall be defined as those names and regulations promulgated by the
United State Environmental Protection Agency, New Jersey Department
of Environmental Protection and/or federal and state regulatory agencies.
This provision shall not apply to incidental use and limited storage
of such substances in connection with uses permitted by this section.
(2)
Continued compliance. Continued compliance with performance standards
is required and shall be enforced by the Construction Official or
administrative officer (Zoning Officer).
(3)
Termination of violation. All violations shall be terminated within
thirty (30) days of notice or shall be deemed a separate violation
for each day following and subject to fines as set forth herein.
(4)
Violation inspection. Whenever, in the opinion of the Construction
Official or administrative officer, there is a reasonable probability
that any use or occupancy violates the regulations of this Article,
they are hereby empowered to employ a qualified technician or technicians
to perform investigations, measurements and analyses to determine
whether or not the regulations of this section are being violated.
In the event that a violation is found to exist, the violator shall
be liable for the reasonable fees of the technicians employed to perform
such investigations, measurements and analyses.
D.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations of
the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1
et seq.) are hereby incorporated by reference without being set forth
in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit nor shall any
application for development be approved which produces sound in excess
of the standards listed below when measured at any location outside
of the lot on which the use or source of sound is located:
[1]
A continuous airborne sound which has a sound level in excess
of fifty (50) decibels.
[2]
A continuous airborne sound which has an octave band sound pressure
level in decibels which exceeds the values listed below in one (1)
or more octave bands:
|
Octave Band
Center Frequency
(Hz)
|
Octave Band Sound
Pressure Level
(dB)
|
|---|---|
|
31.5
|
86
|
|
63
|
71
|
|
125
|
61
|
|
250
|
53
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
[3]
An impulsive sound in the air which has an impulsive sound level
in excess of eighty (80) decibels.
(c)
The provisions of this subsection shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in conjunction with
religious services.
[3]
Commercial motor vehicle operations as permitted by this section.
[4]
Emergency energy-release devices.
[5]
Emergency work to provide electricity, water or other public
utilities when public health or safety is involved.
[6]
National Warning System (NAWAS) signals or devices used to warn
the community of attack or imminent public danger, such as flooding
or explosion. These systems are controlled by the New Jersey Civil
Defense and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
Rail operations.
[13]
The unamplified human voice.
[14]
Use of explosive devices. These are regulated
by the New Jersey Department of Labor and Industry under the 1960
Explosives Act (N.J.S.A. 21:1A-128 et seq.).
(2)
Air pollution. No substance shall be emitted into the atmosphere
in quantities which are injurious to human, plant or animal life or
to property or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the municipality. All provisions
of the New Jersey Air Pollution Control Code,[1] as amended and as augmented, and all the following provisions
stated, whichever shall be more stringent, shall be complied with:
(a)
Smoke. In any zone, no smoke, the shade or appearance of which
is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted
into the open air from any incinerator or fuel-burning equipment;
provided, however, that smoke emitted during the cleaning of a fire
box or the building of a new fire, the shade or appearance of which
is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted
for a period or periods aggregating no more than three (3) minutes
in any thirty (30) consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than fifty percent (50%) of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones, the allowable discharge
shall be seventy-five percent (75%) of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of
Environmental Protection.
[6]
Any road, parking area, driveway, truck loading or unloading
station or any other exterior area having a substantial movement of
vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may be emitted into
the atmosphere in quantities sufficient to be detected without instruments.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system so that control
will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor
Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors,
copyrighted by the Manufacturing Chemists Association, Inc., Washington,
D.C., shall be used as a guide in determining quantities of offensive
odors.
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
(3)
Liquid waste. No liquid waste shall be stored outside or discharged
into any watercourse, storm drain or sewage collection and disposal
system nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Municipal Utilities Department,
Health Department and Municipal Engineer and where required by the
New Jersey Department of Environmental Protection. No liquid wastes
may be stored outdoors.
(4)
Solid waste. All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection
and removal of all refuse, except if the municipality assumes the
responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control
Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter
8, Refuse Disposal, Public Health Council of the State Department
of Environmental Protection.
(d)
Permit no accumulation on the property of any solid waste, junk
or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property,
except as may be permitted by other municipal codes and ordinances.
(5)
Radiation. All uses of materials, equipment or facilities which are
or may be sources of radiation shall comply with all controls, standards
and requirements of the United States Atomic Energy Act of 1965, as
amended, and any codes, rules or regulations promulgated under such
Act, as well as the New Jersey Radiation Protection Law, N.J.S.A.
26:2D-1 et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be carried on only
in buildings classified as fireproof by the Building Code[2] of the municipality and as determined by the Fire Department.
The operation shall be conducted in such a manner and with such precautions
against fire and explosion hazards as to produce no explosion hazard
as determined by the New Jersey Inspection Bureau of Fire Prevention
to a use on an adjacent property and must conform to the rules and
regulations of the most recent adopted edition of the Fire Prevention
Code of the National Board of Fire Underwriters and the Perth Amboy
Fire Department.
[2]
Editor's Note: See Ch. 170, Building Construction.
(7)
Vibration. There shall be no vibration which shall be discernible
to the human sense of feeling beyond the boundaries of the lot on
which the source is located. At no point on or beyond the boundary
of any lot shall the maximum ground-transmitted steady state or impact
vibration caused by any use or activity (except those not directly
under the control of the property user) exceed a particle velocity
of one-tenth (0.1) inch per second for impact vibrations. Particle
velocity is to be determined by the formula 6.28FA, where F is the
frequency of the vibration in cycles per second and A is the maximum
single amplitude displacement of the vibration in inches. For the
purpose of measuring vibrations, a three-component measuring system
shall be used. For the purpose of this chapter, steady state vibrations
are vibrations which are continuous, for vibrations in discrete impulses
more frequent than one hundred (100) per minute. Discrete impulses
which do not exceed one hundred (100) per minute shall be considered
impact vibrations.
(9)
Heat. Every use and activity shall be so operated that it does not
raise the ambient temperature more than two degrees Celsius (2°
C.) at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions
shall be fire-resistant construction in accordance with the requirements
of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding
one and one-half (1 1/2) footcandles measured at the boundaries of
the lot on which the source is located. This regulation shall not
apply to lights which are used solely for the illumination of entrances
or exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of one-tenth (0.1) footcandle in residential districts.
(12)
Lighting and illumination. Artificial lighting or illumination
provided on any property or by any use shall adhere to the following
standards:
(a)
The illumination provided by artificial lighting on the property
shall not exceed five-tenths (0.5) footcandle beyond any property
line.
(b)
Spotlights or other types of artificial lighting that provide
a concentrated beam of light shall be so directed that the beam of
light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
E.
Performance standards in conflict with existing ordinances. The Municipal
Engineer shall determine whether or not the standards contained herein
are consistent with the standards that may be established by other
municipal ordinances. If they conflict, this chapter shall defer to
the established municipal ordinance as follows:
(1)
The objectives of the performance standards are to ensure that all
industries will provide methods to protect the community from hazards
and nuisances which can be prevented by processes of control and nuisance
elimination.
(2)
No land or building may be used or occupied in any manner so as to
create dangerous, injurious, noxious or otherwise objectionable fire,
explosive, radioactive or other hazardous conditions; noise or vibration;
smoke, dust, odor or other form of air pollution; glare or heat; conditions
conducive to the breeding of rodents or insects; or other dangerous
or objectionable elements in an amount or manner as to adversely affect
the surrounding area.
