A.
All improvements shall be installed in accordance with the standards
of this chapter and with other applicable Borough, County, State and
Federal regulations. Where specific standards are not given, such
improvements shall be designed and constructed in accordance with
good engineering practice and recognized design standards, after review
and approval of such by the Borough Engineer.
B.
All site plan and subdivision plats shall conform to design standards
that will encourage good development patterns in the Borough. Where
an Official Map and/or Master Plan have been adopted, the subdivision
or site plan shall conform thereto. Where the Master Plan or Official
Map is mute or does not exist, development shall be designed to promote
good planning and enhance the safety and public welfare of the Borough.
A.
The provisions of the zoning regulations with respect to height,
minimum lot area, yard requirements, and the like shall be complied
with.
B.
The design or construction of any building or use should be consistent
with the character of the neighborhood and, where applicable, with
the design standards of the Neighborhood Preservation Program.
C.
Buildings should be located with consideration to their orientation
and relationship to other buildings in terms of light, air, open space,
access, parking, natural features and solar access.
A.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning regulations and to provide for convenient access, circulation
control and safety of street traffic. Block lengths generally shall
not be less than four hundred (400) feet nor more than one thousand
(1,000) feet in length.
B.
Pedestrian crosswalks may be required in blocks in locations deemed
necessary by the Planning Board. Such walkway shall be ten (10) feet
wide and be straight from street to street.
C.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
Buffers shall be provided on the perimeter of all tracts of
nonresidential uses abutting residential zones or uses. The buffer
may include evergreen and deciduous trees and shrubs, fences, walls,
berms or any combination which will provide a visual separation and
screening. Landscaping of required buffers and screens shall take
into account the opportunities presented by existing site features
and shall be compatible in scale and character with the surrounding
prevailing landscape and project features and designed as part of
the overall landscaping plan.
[Ord. No. O-2014-19]
A.
All entrance and exit driveways to public streets shall be located
to afford maximum visibility and safety to traffic on the public streets.
On lots with multiple frontage, driveways should be located on the
minor street, if possible. Driveways shall be a minimum of twenty-five
(25) feet from any intersection, measured from the street line of
the intersecting street.
B.
Driveway location shall be so designed with regard to profile, grading,
and location to maximize sight distance measured in each direction
along the public street.
C.
The dimensions of driveways shall be designed to adequately accommodate
the volume and character of vehicles anticipated on site.
1.
Driveway Dimensions: The required maximum and minimum dimensions
for driveways are indicated in the following table:
|
Residential
|
18 ft. Maximum at Curb
| |
|
22 ft. Maximum at Interior
| ||
|
One-Way Operation Driveway Width
(in feet)
|
Two-Way Operation Driveway Width
(in feet)
| |
|---|---|---|
|
Commercial
|
15-20
|
24-35
|
Where a range of widths is provided, the Board shall
determine the width based on:
2.
Number of Driveways: The number of driveways provided from a site
directly to any one municipal street shall be recommended as follows:
|
Length of Site Frontage
|
Recommended Number of Driveways
|
|---|---|
|
400 feet or less:
|
1
|
|
More than 400 feet
|
2
|
D.
For nonresidential driveways, pavement shall consist of one (1) of
the following to be measured at a compacted depth:
E.
The maximum slope on any driveway shall not exceed fifteen (15%)
percent.
A.
Drainage Easements.
1.
Where a proposed development includes a drainage facility of any
kind, including a pipe, channel, stream, swale or basin, a drainage
easement with a minimum width of twenty (20) feet may be required
encompassing such facility.
2.
All such easements shall be shown on the final plat with a notation
as to the purpose and restrictions of the easement. Easement lines
of the final plan shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
3.
Said easement shall include provisions assuring the following:
a.
Preservation of the channel of the watercourse.
b.
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement and right-of-way.
c.
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
d.
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow of drainage
through the watercourse, of maintaining any and all structures related
to the exercise of the easement and of installing and maintaining
a storm or sanitary sewer system or other public utility.
B.
Conservation Easement.
1.
Conservation easements may be required along drainage and stormwater
rights-of-way in the development and may be required also for ponds,
marshes, swamps and streams or other watercourses, slump blocks or
other natural features for which preservation is desirable.
2.
All such easements shall be shown on the final plat with a notation
as to the purpose and restrictions of the easement. Easement lines
of the final plat shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
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; and to prohibit
filling or grading of the lands or the disposal of refuse or waste
material of any type within the limits of the easement.
[Added 5-17-2023 by Ord. No. 0-23-07]
A.
Purpose. The purpose of this ordinance is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and storm
water runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
ELECTRIC VEHICLE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY-ACCESSIBLE EVSE
Definitions.
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
al.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
C.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to paragraph
D below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1 above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer shall enforce all signage and installation requirements
described in this section. Failure to meet the requirements in this
section shall be subject to the same enforcement and penalty provisions
as other violations of Borough of Highlands' land use regulations.
5.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
a.
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
b.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
c.
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any State rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to paragraph 5 above shall be deemed complete
if:
a.
The application, including the permit fee and all necessary
documentation, is determined to be complete,
b.
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
c.
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
a.
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
b.
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
c.
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
d.
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
e.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1 above
shall:
a.
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
b.
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
c.
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
d.
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
e.
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
f.
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
g.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
h.
Notwithstanding the provisions of this Section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
E.
Minimum parking requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to subsection 21-65.14, Off-Street Parking.
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces above
what is required in paragraph D above may be encouraged, but shall
not be required in development projects.
F.
Reasonable standards for all New EVSE and make-ready parking spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
a.
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
b.
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
c.
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
d.
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE parking:
a.
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
b.
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
c.
Public parking. Pursuant to NJSA 40:48-2, publicly-accessible
EVSE parking spaces shall be monitored by the municipality's
police department and enforced in the same manner as any other parking.
It shall be a violation of this section to park or stand a non-electric
vehicle in such a space, or to park an electric vehicle in such a
space when it is not connected to the EVSE. Any non-electric vehicle
parked or standing in a EVSE parking space or any electric vehicle
parked and not connected to the EVSE shall be is subject to fine and/or
impoundment of the offending vehicle as described in the general penalty
provisions of this Municipal Code. Signage indicating the penalties
for violations shall comply with paragraph 5 below. Any vehicle parked
in such a space shall make the appropriate payment for the space and
observe the time limit for the underlying parking area, if applicable.
d.
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
a.
Each publicly-accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to paragraph 5
below.
b.
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with Borough of Highlands' ordinances
and regulations.
c.
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly-accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
d.
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph e below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
e.
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
f.
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
g.
Publicly-accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Borough of Highlands shall require the owners/designee of publicly-accessible
EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
a.
Publicly-accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
b.
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
c.
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with paragraph b above.
d.
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly-accessible
EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage fees.
a.
For publicly-accessible municipal EVSE: The fee to use parking
spaces within the municipality identified as EVSE spaces shall be
an initiation fee of $2.99 plus $0.49 per kWh for each hour that the
electric vehicle is connected to the EVSE. There shall be no parking
fee while vehicle is actively charging, but a parking fee of $5 per
hour shall apply 15 minutes after the electrical vehicle stops charging.
b.
This fee may be amended by a resolution adopted by the governing
body.
c.
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
A.
Fences hereinafter erected, altered or reconstructed shall require
a fence permit to be issued by the Building Code Department. A request
for a fence permit should be accompanied by a plan which shall show
the location of the fence in relation to all other structures and
buildings, and in relation to streets, lot property lines and yards.
B.
No fence hereafter erected, altered or reconstructed shall exceed
four (4) feet in height above ground level when located within the
required front yard setback nor six (6) feet in height above ground
level when located behind or outside of the required front yard setback.
Trellises, located outside the front yard setback, are not considered
fences and are exempt from the height and permit requirements of this
section.
C.
Within the Neighborhood Preservation District, all fences hereinafter
erected, altered or reconstructed shall be compatible and consistent
with the Design Manual adopted for the District.
D.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence, not exceeding eight (8) feet in height above ground level, anywhere within a public park, public playground or public school premises. All of the above restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall complies with the design standards of subsection 21-65.16.
E.
The use of barbed wire, or wire on which barbs or points are strung
or fastened, is prohibited.
F.
The use of canvas or cloth for fences is prohibited.
G.
All fences must be erected within the property lines, and no fence
shall be erected to encroach on any public right-of-way. All supporting
members of the fence to be erected, altered or reconstructed shall
be on the inside surface, meaning that the supporting members shall
face the property constructing the fence and not the neighboring property.
H.
All fences shall be maintained in a safe, sound and upright condition.
If the Code Enforcement Officer, upon inspection, determines that
any fence or portion of any fence has not been or is not being constructed
or maintained in compliance with the above restrictions, he shall
notify the owner of such fence, in writing, of his findings and state
briefly the reasons for such findings and order such fence or portions
of such fence to be repaired or removed within thirty (30) days from
the date of the written notice.
A.
In all residential zones, no more than one (1) detached garage shall
be permitted.
B.
Only one (1) of the vehicles within the garage may be commercial,
but it cannot exceed six thousand (6,000) pounds in weight, exclusive
of load, and it may not be a dump truck, tractor, cement mixer or
heavy equipment such as a bulldozer, road repair equipment and excavation
equipment.
C.
Permitted commercial vehicles must be parked within a garage or within
the premises behind the front building line.
A.
Soil Removal.
1.
All development plans shall include a grading plan which provides
for a minimum amount of soil to be removed from or brought to the
site. Any soil removed from the site must have a permit from the Borough
Engineer and no soil so moved shall be removed from the Borough.
2.
No topsoil shall be removed from any lot or lots unless certified
as excess, meaning more than four inches spread evenly over the finished
site, in writing by the Borough Engineer. All topsoil so removed shall
be placed elsewhere within the Borough.
B.
Grading.
1.
All graded or stripped areas shall be stabilized by a minimum of
four inches of topsoil and seeding or other landscaping. Exposed rock
may be left in its natural state if it can be demonstrated that the
rock face will remain stable.
2.
All areas shown on the plan shall be graded to ensure that surface
water flow is away from buildings and pedestrian walkways in accordance
with the approved drainage plan. Swales shall maintain a minimum 1.5%
slope throughout.
3.
Surfaces shall be designed to reduce maintenance requirements and
allow the cutting of grass and cleaning of drainage swales and ditches
without special equipment.
4.
Wherever a change in final grade results in slopes in excess of 3:1
(other than a stable rock face) or wherever it is determined that
slopes will not be stable or that erosion will occur, retaining walls
shall be used which shall be of a permanent, maintenance-free design.
C.
Residential Lots. A grading plan shall be submitted for applications
to construct a new single-family dwelling, a new two-family dwelling,
a new accessory building or structure that exceeds 500 square feet,
and/or an addition to a single-family, two-family dwelling or accessory
building or structure that exceeds 500 square feet. The plan shall
include the existing and proposed building and lot coverage, as well
as grading contours at one-foot intervals, except where there will
be a disturbance of slopes exceeding 5%, a two-foot interval is permissible,
and if they exceed 10%, a five-foot interval is permissible. Grading
plans shall also include existing and proposed building and lot coverage
calculations and data. No certificate of occupancy shall be issued
until the Borough Engineer is satisfied that final grading has been
completed in accordance with the detailed grading plans.
[Amended 12-4-2019 by Ord. No. O-19-21]
A.
All areas not devoted to structures, paving or other required uses
shall be appropriately graded, landscaped and maintained in accordance
with a landscaping plan approved by the Board.
B.
In residential zones, street trees of at least two (2) to two and
one-half (2-1/2) inch caliper will be required, planted a distance
on center equivalent to no more than the width of their mature diameter.
Where street trees are not appropriate because of views, existing
vegetation, or other reason, the equivalent number of trees shall
be located elsewhere on the lot.
C.
In Nonresidential Zones:
1.
Landscape plans shall specify the location of the planting material,
their minimum size at time of planting and size at full growth, quantity,
variety, species (common name) and method of planting.
2.
A minimum of ten (10%) percent of the area of the site shall be landscaped.
3.
Landscape plans along Bay Avenue shall be designed in accordance
with the Design Manual of the Neighborhood Preservation Program.
A.
Drives, aisles, and parking areas shall be adequately lighted whenever
open to the public.
B.
Provisions shall be made for reduction in the intensity of illumination
to the minimum needed for security purposes when the facility is not
in operation.
C.
All lights shall be focused downward so that the direct source of
light is not visible from adjoining streets or properties.
D.
No light source, including sign lights, shall exceed a height of
fifteen (15) feet, except those specifically allowed by the Neighborhood
Preservation Program Design Manual.
E.
The light intensity provided at ground level shall be a minimum of
three-tenths (0.3) footcandle anywhere and shall average a minimum
of five-tenths (0.5) footcandle over the entire area.
F.
The light intensity anywhere shall not exceed five-tenths (0.5) footcandle
along any property line or three-tenths (0.3) footcandle if a residential
property line. Light shields shall be provided, where needed to eliminate
light spillover onto adjacent properties.
G.
The style of any light or light standard shall be consistent with
the architectural style of the principal building.
H.
Freestanding lights shall be protected to avoid being damaged by
vehicles.
I.
Lighting of buildings, merchandise, recreation areas, display or
sales areas, parking, signs, commercial service or storage areas or
other like areas shall be of a nonflashing type. Intermittent lighting
or lighting of varying intensity shall be prohibited. Where incandescent,
spot or other glare- or beam-producing lights are used, such lights
shall be shielded in a manner such that no direct light or glare is
visible beyond the property lines or from any public accessway.
J.
Searchlights and spotlights used with the purpose of attracting attention
shall be permitted only by special permit from the Borough.
K.
No artificial light or reflecting device connected or used with a
sign or otherwise shall be located or displayed where such light interferes
with, competes for attention with or may be mistaken for a traffic
signal or may divert the attention of operators of motor vehicles
or otherwise create traffic hazards.
A.
Dimensions. Lot dimensions and area shall be not less than the requirements
of the zoning regulations.
B.
Side Lines. Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
C.
Setbacks. Where extra width has been dedicated for widening of existing
streets, lots shall begin at such extra-width line, and all setbacks
shall be measured from such line.
D.
Suitability. All lots shall be suitable for their intended uses and,
where necessary, increased in size to compensate for conditions, such
as steep slopes, rock formations and flood conditions. Where there
is a question as to the suitability of a lot or lots for the intended
use, the Planning Board may, after adequate investigation, withhold
approval of such lots.
A.
Off-street loading and unloading facilities shall be provided for
each establishment, such that service and delivery vehicles will not
interfere with ingress, egress, parking of other vehicles or fire
zones.
B.
No loading or delivery area will be permitted on any street frontage.
C.
All loading areas shall be paved using the same construction specifications
as for parking areas.
[Ord. No. O-01-02; Ord. No. O-02-10; Ord.
No. O-07-06 §§ 19—21]
A.
In conjunction with any principal building or any use of land, there
shall be provided sufficient parking spaces to meet the minimum requirements
specified herein. The required parking may either be provided on-
or off-site. Any part of the parking requirement located on a private
lot other than the one on which the use is located shall be subject
to a cross easement or agreements noted on the deed and recorded at
the County Clerk's Office. Off-site parking provided in a municipal
parking lot may be subject to an off-tract contribution for the construction
of such facility.
B.
The development plan shall show the total number of off-street parking
spaces required for the use or combination of uses indicated in the
application. Where shared parking for uses with different peak parking
demands results in a documented need for fewer spaces than the sum
of the individual requirements, the Board may allow the construction
of the lesser number of spaces, provided the site plan shows how the
additional space will be provided if necessary.
C.
Residential Zones and Uses.
[Amended 8-18-2021 by Ord. No. O-21-29]
1.
The number of off-street parking spaces required for residential
uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and
by reference to the Residential Parking Schedule below, Alternative
parking standards to those shown in the Schedule below shall be accepted
if the applicant demonstrates these standards better reflect local
conditions. Factors affecting minimum number of parking spaces include
household characteristics, availability of mass transit, urban versus
suburban location, and available off-site parking sources.
|
Parking Schedule for Residential Uses
| |
|---|---|
|
Housing Unit Type/Size
|
Parking Requirement (per unit)
|
|
One-family and two-familya
| |
|
2-bedroom
|
1.5
|
|
3-bedroom
|
2.0
|
|
4-bedroom
|
2.5c
|
|
5-bedroom
|
3.0
|
|
Garden apartmentb
| |
|
1-bedroom
|
1.8
|
|
2-bedroom
|
2.0c
|
|
3-bedroom
|
2.1
|
|
Townhouseb, d
| |
|
1-bedroom
|
1.8
|
|
2-bedroom
|
2.3c
|
|
3-bedroom
|
2.4
|
|
Mid-riseb
| |
|
1-bedroom
|
1.8
|
|
2-bedroom
|
2.0c
|
|
3-bedroom
|
2.1
|
|
High-riseb
| |
|
1-bedroom
|
0.8
|
|
2-bedroom
|
1.3c
|
|
3-bedroom
|
1.9
|
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
type and size noted above that the retirement community resembles
|
|
Senior citizens housing project
|
1.48
|
|
Assisted living
|
0.5
|
|
Notes:
| |
|
a.
|
A minimum of one parking space for a single-family detached
dwelling shall be provided in a garage.
|
|
b.
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parkin (0.5 space per dwelling unit).
Guest parking must either be provided for on-street or in common parking
areas.
|
|
c.
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
|
|
d.
|
Three-family dwellings shall be subject to the parking requirements
for townhouse development.
|
2.
Garage and driveway combinations shall be counted as follows:
a.
Each garage car space shall be counted as 1.0 off-street parking
space regardless of the dimensions of the driveway.
b.
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
c.
A two-car garage and driveway combination shall count as 3.5
off-street parking spaces, provided a minimum parking area width of
20 feet is provided for a minimum length of 18 feet as specified for
a one-car garage and driveway combination.
3.
When housing is included in mixed-use development, a shared parking
approach to the provision of parking shall be permitted.
4.
When in the judgment of the Land Use Board, on-street parking is
available, then only that proportion of the parking requirement which
is not available on the street shall be provided in off-street parking
facilities. A length of 23 feet per on-street parking space shall
be used in calculating the number of available on-street parking spaces.
5.
For projects containing dwelling units required by the New Jersey
Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7),
to be accessible, parking spaces for people with disabilities shall
be provided in accordance with the requirements of the Barrier Free
Subcode and shall be considered part of the total number of required
spaces.
D.
Nonresidential Zones and Uses.
1.
All parking areas shall be paved, or constructed in accordance with
CAFRA regulations with gravel or porous pavers, subject to the review
and approval of the Borough or Board Engineer; shall be suitably drained
and maintained in good condition; and all spaces and directional instructions
shall be clearly marked and maintained so as to be clearly visible.
Parking spaces shall be delineated by a treated wood guide rail. Such
wood rail shall be constructed of treated timbers, a minimum of thirty
(30) inches above grade and consist of vertical and horizontal members.
The provision of improvements to delineate the parking spaces shall
be at the discretion of the Land Use Board, upon the advice of the
Board Engineer. In cases when a stone parking area is permitted, a
suitable paved area and driveway apron, in the opinion of the Borough
or Board Engineer, shall be provided to retain stone within the parking
area.
[Amended 8-18-2021 by Ord. No. O-21-29]
2.
Parking spaces or access aisles, except entrance or exit drives,
shall have a minimum setback of at least one-half (1/2) the required
setback for the principal building but in no case shall this distance
be less than the required setback adjacent to residential districts
or residential uses in a mixed use zone.
3.
No change in use within a building shall be allowed unless it can
be shown how sufficient parking will be provided for the new use.
4.
Handicapped parking shall be required in accordance with the Americans
with Disabilities Act.
5.
Parking lot pavement shall consist of one (1) of the following, to
be measured at a compacted depth:
6.
In general, ninety (90) degree parking spaces shall be nine (9) feet
wide by eighteen (18) feet long; and parallel parking spaces shall
be eight (8) feet wide by twenty-one (21) feet long.
On-site parking stalls shall be accessed from aisles the width
of which shall be in accordance with the requirements specified below.
Only one-way traffic shall be permitted in aisles serving single-row
parking spaces placed at an angle other than ninety (90) degrees.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
35
|
12 (one way)
|
|
45
|
13 (one way)
|
|
60
|
18 (one way)
|
|
90
|
24
|
7.
Nonresidential Off-Street Parking Requirements. The number of off-street
parking spaces required for any nonresidential use shall be determined
by reference to Parking Schedule below, except for uses which are
regulated as follows:
[Amended 8-18-2021 by Ord. No. O-21-29]
a.
The following standards shall only apply to permitted nonresidential
uses in the Central Business District:
(1)
Restaurant or bar: one space for each four seats or stools.
(2)
All other permitted nonresidential uses: no off-street parking
spaces are required for the first 1,000 square feet of gross floor
area of an individual use. One space shall be provided per 300 square
feet of gross floor area above the first 1,000 square feet.
|
Parking Schedule for Nonresidential Uses
| |
|---|---|
|
Use
|
Number of Spaces
|
|
Assembly hall, community building, club, lodge, theater, auditorium,
churches, other places of assembly, eating and drinking establishments
|
1 for every 4 seats or 8 per 1,000 square feet of gross floor
area, whichever is larger
|
|
Business, commercial, personal service establishments, retail
stores, auto service, wholesale service, offices
|
1 per 600 square feet of gross floor area
|
|
Ferry transportaion services
|
0.7 space for every passenger seat on all departing boats during
a regular 24-hour period
|
|
Hotel, motel, inn, B&B (where not a conditional use)
|
1 for each guest unit, plus as required for other facilities
available
|
|
Marina
|
1 for every boat slip, plus as required for other uses
|
|
Boat launches
|
10-foot-by-40-foot space for each boat trailer, plus adequate
maneuvering space for ramp, with a minimum of 10 such spaces
|
|
Boat yard
|
1 for every 3 boat storage spaces
|
|
Public and private beaches, recreational uses
|
1 for every 250 square feet of beach or recreation area
|
|
Schools
|
1 for every 15 students
|
|
Health and fitness establishments
|
1 space per 200 square feet of gross floor area
|
8.
Parking Structures. The location of any parking structures, if allowed,
shall not be within four hundred (400) feet of the waterfront, as
defined by the bulkhead or mean high water line. The architectural
design of the façade of a parking structure, if permitted,
shall incorporate features to add visual interest and improve the
overall appearance of the structure as viewed from the street. Such
features may include articulated parapet walls, ornamental projections,
varied planter widths and similar items. The structure should be compatible
with the building(s) served and be compatible in appearance, size,
and bulk with the surrounding structures.
E.
Commercial Parking Deficiency Variance and Parking Deficiency Fee.
2.
If on-site and off-street parking requirements are not met as provided
above, the developer must:
a.
Obtain approval of a parking space variance as subject to the
provisions of this chapter and the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
b.
As a part of the variance the developer has the option to provide
a plan for limiting patron numbers to the equivalent of actual parking
spaces provided on site and/or including acceptable off-site spaces.
This plan must include a method for validating the patron count, i.e.,
an official verifiable log with the number of patrons on a daily basis.
Verification is also to be done by on-site visits from the Code Enforcement
Official and Fire Official. This option primarily applies to ferry
companies that are required to keep verifiable Coast Guard Logs. If
a business cannot provide an official verifiable patron log, they
cannot utilize this option.
c.
If the above plan is not provided or accepted by the Land Use
Board, the developer must contribute an annual fee to the Borough
of Highlands Capital Improvement Fund (or as otherwise named by the
Chief Financial Officer), in an amount in accordance with the Parking
Deficiency fee of: fifty ($50.00) dollars per space for one (1) to
nine (9) deficient spaces and one hundred ($100.00) dollars per space
for those deficient ten (10) or more spaces.
[Amended 8-18-2021 by Ord. No. O-21-29[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
E2d, which stated that funds must be used solely for parking improvements
and immediately followed this subsection.
Roadway pavement shall consist of one (1) of the following,
to be measured at a compacted depth:
A.
All retaining walls shall be offset a sufficient distance from any
property line to allow construction and maintenance of all structural
elements of the wall without disturbance of adjacent property.
B.
For retaining walls over an aggregate height of three and one-half
(3.5) feet, structural calculations must be submitted to and be approved
by the Board/Borough Engineer prior to construction.
C.
The preferred material for construction of retaining walls over two
(2) feet will be interlocking concrete units, poured concrete, masonry
blocks, or other similar materials. Use of timber tie materials should
be limited to retaining walls having an aggregate height of less than
two (2) feet.
D.
Retaining walls over five (5) feet in height shall be provided with
a fence or other approved barrier at the top of the wall to avoid
accidental falls.
A.
Sidewalks shall be four (4) inches thick except at points of vehicular
crossing where they shall be at least six (6) inches thick. At vehicular
crossings, sidewalks shall be reinforced with welded wire fabric mesh
or an equivalent.
B.
Concrete sidewalks shall be Class C concrete, having a twenty-eight
(28) day compressive strength of 4,500 psi. Other paving materials
may be permitted depending on the design of the development.
C.
Graded areas shall be planted with grass or treated with other suitable
ground cover and their width shall correspond to that of sidewalks.
A.
In addition to right-of-way widths required for the full design of
all streets and intersections, sight easements may be required on
corners of street intersections. Whenever possible, intersections
shall be so designed with regard to profile, grading, and location
of structures to permit the following recommended sight distance measured
in each direction along the public streets. The measurement shall
be from the existing roadway at the stop line.
|
Posted Speed on Municipal Street
|
Required Sight Distance in Feet
|
|---|---|
|
25 M.P.H.
|
150
|
|
30 M.P.H.
|
200
|
|
35 M.P.H.
|
250
|
|
40 M.P.H.
|
300
|
|
45 M.P.H.
|
350
|
|
50 M.P.H.
|
400
|
B.
Sight easements shall include provisions to restrict the planting
of trees or other plantings or the location of structures 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.
C.
Where intersections occur on highways or roadways under the jurisdiction
of the State of New Jersey or County of Monmouth, sight distances
and easements required by the State or the County shall be used in
lieu of the requirements above.
Signs shall be provided in accordance with Part 5 of this chapter.
[Added 5-17-2023 by Ord.
No. O-23-08]
The purpose of this section is to provide a regulatory framework
for the construction of Solar Energy Systems in the Borough of Highlands,
subject to reasonable restrictions, which will preserve the public
health, safety, and welfare, while also maintaining the character
of the Borough of Highlands.
[Added 5-17-2023 by Ord.
No. O-23-08]
The following terms, when used in this section, shall have the
following meanings:
An energy facility that consists of one or more ground-mounted,
free-standing, or building-integrated solar collection devices, solar
energy related equipment and other associated infrastructure with
the primary intention of generating electricity or otherwise converting
solar energy to a different form of energy for primarily off-site
use.
A solar energy system consisting of one or more photovoltaic
or solar hot water devices either building integrated, roof-mounted,
or as a canopy as well as related equipment which is intended for
the purpose of reducing or meeting the energy needs of the property's
on-site principal use. Solar energy systems may generate energy in
excess of the energy requirements of a property only if it is to be
sold back to a public utility in accordance with the NJ Net Metering
law.
[Added 5-17-2023 by Ord.
No. O-23-08]
A.
Regulations Applicable in All Residential Zones.
1.
Solar Energy Systems.
a.
Solar energy systems shall be considered a permitted accessory
use.
b.
Permitted types of solar energy systems: roof-mounted in the
form of photovoltaic panels or roof tiles, canopy systems, ground-mounted
systems.
c.
Photovoltaic panels or roof tiles shall be the same color.
d.
Edges of photovoltaic panels and arrays shall be parallel to
the edges of the rooflines.
e.
Solar energy systems shall meet all electrical, building and
fire safety requirements in the New Jersey Construction Code.
f.
For a roof-mounted system installed on a sloped roof, the highest
point of the system shall not exceed the highest point of the roof
to which it is attached as allowed by bulk requirements.
2.
Regulations Applicable to All Non-Residential Zones.
a.
Solar Energy Systems.
(1)
Solar energy systems shall be considered an accessory use.
(2)
Permitted types of solar energy systems: roof-mounted
in the form of photovoltaic panels or roof tiles and canopy systems.
(3)
Photovoltaic panels or roof tiles shall be the
same color.
(4)
Edges of photovoltaic panels and arrays shall be
parallel to the edges of the rooflines.
(5)
Solar energy systems shall meet all electrical
and fire safety requirements in the New Jersey Construction Code.
(6)
For a roof-mounted system installed on a sloped
roof, the highest point of the system shall not exceed the highest
point of the roof to which it is attached as allowed by bulk requirements.
(7)
For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted in accordance with Section 21-78.
(8)
For parking canopies, a solar energy system may
exceed the applicable maximum accessory structure height if it will
cover an impervious surface parking area. Height may not exceed the
height of the primary structure that the parking area serves. Minimum
height of the parking canopy must allow clearance for emergency service
and service vehicles.
A.
General. Each site plan shall provide for the removal of all solid
wastes and shall further provide for temporary on-site storage of
all solid waste materials.
B.
Access. Adequate access shall be provided to all solid waste storage
facilities. Such access shall accommodate the type of vehicle normally
used for the collection of wastes.
C.
Location.
1.
Wastes which produce no discernible odor may be stored outdoors,
in solid waste storage facilities which are visually screened from
elsewhere on the project and from all property lines. The location
of outdoor solid waste storage facilities shall be reviewed by the
Borough Director of Public Works.
2.
Storage of wastes which produce a discernible odor shall be within
a building.
D.
Recycling. Requirements set forth in the Borough of Highlands Municipal
Code and the New Jersey Statewide Mandatory Source Separation and
Recycling Act and all subsequent revisions shall be complied with.
Specifically, all subdivision and site plan applications submitted
to the Borough involving fifty (50) or more units of single-family
housing or twenty-five (25) or more units of multifamily housing and
any commercial or industrial development which uses one thousand (1,000)
square feet or more of land must provide for the recycling of designated
materials. The following items should be addressed:
1.
Identify materials to be collected.
2.
Identify proposed recyclable material storage locations.
3.
Identify locations where recyclable materials are to be picked up.
4.
Identify frequency of collections.
5.
Identify quantity of recyclable materials expected to be generated.
6.
Where outdoor storage is proposed, the storage area shall be screened
as required above.
[Ord. No. O-07-06 § 18]
Stormwater management facilities in all residential developments
and all developments required by the Municipal Stormwater Regulations
(N.J.A.C. 7:8) shall be designed and constructed in accordance with
Subchapter 7 (Stormwater Management) of N.J.S.A. 5:21 (Residential
Site Improvement Standards), as amended.
A.
General Requirements.
1.
All streets shall be provided with manholes, catch basins and pipes
where the same may be necessary for proper surface drainage. On-site
facilities may be permitted. Additionally, all work shall be in accordance
with the established design standards of the Borough.
2.
The system shall be adequate to carry off or store the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries, but also that which originates beyond the lot
or tract boundaries. No stormwater runoff, natural drainage water
or water discharged from any source shall be so diverted as to overload
the existing drainage systems or create flooding or the need for additional
drainage structures on other private properties or public lands without
proper and approved provisions being made for taking care of these
conditions. Over-the-sidewalk, under-the-sidewalk and/or through-the-curb
drains for the purpose of disposing of sump pump and/or roof leader
runoff is prohibited. These facilities must outlet into an adequate
watercourse or drainage system as approved by the Board/Borough Engineer.
Specific findings shall be made by the Board/Borough Engineer in this
regard for review and adoption by the approving authority as part
of its written resolution (finding of facts).
3.
Techniques for computing stormwater runoff shall be as approved by
the Board/Borough Engineer. The rational method of surface water runoff
computation may be used for storm sewers and open channels with drainage
basins up to twenty-five (25) acres in area.
4.
The coefficient of runoff should be based on good engineering judgment
and should take into account the ultimate use of the total drainage
area. The range of coefficients is listed below:
|
Description of Area
|
Runoff Coefficient
|
|---|---|
|
Pavement, Impervious areas
|
0.95
|
|
Residential, 70% impervious
|
0.60 to 0.70
|
|
Lawn
|
0.3
|
5.
Rainfall intensity should be based on rainfall curves for Sandy Hook.
The design storm frequency shall be twenty-five (25) years, except
that a one hundred (100) year design storm frequency criteria shall
be used when specifically required by the approving authority or the
Board/Borough Engineer in individual cases and as mandated by other
governmental entities having jurisdiction. Minimum inlet time shall
be ten (10) minutes.
6.
Manning's formula shall be used for design of pipes and open channels
where the coefficient of roughness (n) is:
|
Description
|
Coefficient of Roughness (n)
|
|---|---|
|
Reinforced concrete pipe
|
0.013
|
|
Corrugated metal pipe
|
0.024
|
|
Corrugated metal pipe, coated and 25% paved
|
0.022
|
|
Corrugated metal pipe with smooth asphalt lining
|
0.013
|
This formula may be modified, recalculated and redesignated
in the discretion of the Borough Engineer.
7.
Storm sewers, open channels, bridges and culverts, unless otherwise
directed by the Borough Engineer, shall be designed for minimum flow
capacities as follows:
|
Type
|
Design Capacity
|
|---|---|
|
Drainage systems1
|
25 years
|
|
Drainage structures2
|
100 years
|
|
Open channels
|
As determined by Borough Engineer
|
|
NOTES:
|
|---|
|
1. The term "drainage systems" refers
to the composite of all drainage infrastructure improvements.
|
|
2. The term "drainage structures"
refers to particular drainage infrastructure improvement such as bridges
and culvert.
|
8.
The materials used in the construction of storm sewers, bridges and
other drainage structures shall be in accordance with the specifications
of the Standard Specifications for Road and Bridge Construction of
the New Jersey State Highway Department, current edition, and any
supplements, addenda and modifications thereof unless otherwise specified
by the approving authority. Modifications or change of these specifications
may be requested by the applicant but may be implemented only with
the knowledge and written consent of the approving authority.
9.
Lots shall be graded to secure proper drainage away from buildings
and into drainage systems, where possible. Additionally, drainage
shall be provided in a manner which will prevent the collection of
stormwater in pools or other unauthorized concentrations of flow.
Easements shall be required if sheet flow or discharge is across adjacent
properties.
10.
Approval for drainage structures shall be obtained from the
appropriate municipal, County, State and Federal agencies and offices.
Each applicant shall be responsible for making application to the
appropriate authority or agency; and letters of approval from the
appropriate governmental authorities shall be furnished to the Board/Borough
Engineer, with copies to the approving authority, prior to the granting
of final approval.
11.
Where required by the Borough and for a lot or tract traversed
by a watercourse, surface or underground drainageway or drainage system,
channel or stream, there shall be provided and dedicated a drainage
right-of-way easement to the Borough conforming substantially with
lines of such watercourse and such further width for construction,
or both, as will be adequate to accommodate expected stormwater runoff
in the future, based upon reasonable growth potential in the Borough
and, in any event, meeting any minimum widths and locations shown
on any adopted official map or Master Plan. Such easement dedication
shall be expressed on the plat as follows: "Drainage easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of the Borough."
12.
To the extent possible, overland flow through vegetated ground
cove is strongly encouraged in order to provide for water quality.
The use of swales and/or water quality basins is the preferred method
of providing for water quality. Water quality shall be provided prior
to the runoff discharge from the site.
The Borough may approve the use of recharge basins and/or seepage
pits on a case-by-case basis.
B.
Major Developments.
1.
Major developments include all residential, governmental, commercial
or industrial developments which add one half (1/2) or more acres
of impervious surface, and to all other developments which pose a
significant potential for pollution of surface or ground waters.
2.
The flood and erosion control standards for detention will require
that volumes and rates be controlled so that after development the
site will generate no greater peak runoff at the site than prior to
development. Computations may be based on United States Soil Conservation
Service procedures, (United States Soil Conservation Service, Urban
Hydrology for Small Watersheds, Technical Release No. 55, January
1986) or as the estimated maximum rainfall for the estimated time
of concentration of runoff at the site. Tabulations of estimated maximum
rainfall are available from the New Jersey Department of Environmental
Protection and shall be the basis for calculation unless more reliable
localized data is available, which then shall be used accordingly.
3.
The water quality requirement for detention will require prolonged
retention of a small design storm which shall be either a one (1)
year frequency Type III storm or a storm of one and one-quarter (1 1/4)
inches of rainfall in two (2) hours. Provisions shall be made for
it to be retained and released so as to evacuate ninety (90%) percent
in approximately eighteen (18) hours in the case of residential development
and thirty-six (36) hours in the case of other developments. This
is usually accomplished by a small outlet at the lowest level of detention
storage, with a larger outlet or outlets above the level sufficient
to control the small design storm. If the above requirement would
result in an outlet smaller than three (3) inches in diameter, the
period of retention shall be waived so that three (3) inches will
be the minimum outlet size used. Where soils have sufficient permeability,
the production of zero runoff from the site under conditions of the
water quality storm will be considered sufficient to meet the water
quality requirement for residential developments, provided that the
groundwater does not rise to within two (2) feet of the bottom of
the detention basin. For other than residential developments, approvals
will be on a case-by-case basis after technical review by the Board/Borough
Engineer. The object of this review will be to avoid pollution of
groundwater.
C.
Alternatives to Detention Basins. In lieu of or in combination with
detention basins and after submission of adequate proofs, reviewed
and approved by the Board or Borough Engineer, basic requirements
for stormwater management may be satisfied by means of rooftop storage,
tanks, infiltration pits, dry wells or gravel layers underneath paving,
with appropriate consideration for length of life and feasibility
of continued maintenance.
D.
Maintenance and Repair.
1.
The property owner shall be responsible for the maintenance of detention
basins or other stormwater facilities and the method of funding such
maintenance.
2.
A schedule of maintenance inspections shall be established.
3.
Agreements shall be prepared providing, in the case of privately
owned and maintained drainage facilities, that in the event maintenance
or repair is neglected, the Borough has the authority to perform necessary
work and charge the property owner accordingly. In the case of public
takeover of the facilities, a fund shall be established to provide
for the necessary maintenance.
A.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets. New minor streets shall be designed to discourage through
traffic.
B.
All streets shall have rights-of-way and pavement widths sufficient to carry anticipated traffic, but in no event less than shown on the Master Plan or Official Map. All streets shall be constructed in accordance with Chapter 8, Streets and Sidewalks, and this chapter. The right-of-way shall be measured from lot line to lot line and shall be fifty (50) feet unless a different width is shown on the Master Plan or Official Map.
C.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strip has been placed in the Borough Council under conditions
approved by the Board.
D.
Subdivisions that adjoin or include existing streets that do not
conform to width as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one (1) or both sides of said road. If the subdivision
is along one (1) side only, one-half (1/2) of the required extra width
shall be conveyed to the Borough, County or State, as the case may
be.
E.
Grades of arterial and collector streets shall not exceed four (4%)
percent and six (6%) percent respectively. Grades on other streets
shall not exceed ten (10%) percent. No street shall have a minimum
grade of less than one (1%) percent or as approved by the Board.
F.
Street intersections shall be right angles. The block corners at
intersections shall be rounded at the property line and have a radius
of not less than twenty-five (25) feet.
G.
The distance between intersections on either the same or opposite
side of the street shall not be less than one hundred twenty-five
(125) feet measured from the center lines.
H.
A tangent at least one hundred (100) feet long shall be introduced
between reverse curves on all streets.
I.
When connecting street lines deflect from each other at any one (1)
point by more than ten (10) degrees and not more than forty-five (45)
degrees, they shall be connected by a curve with a radius of not less
than one hundred (100) feet for minor streets and three hundred (300)
feet for arterial and collector streets.
J.
All changes in grade shall be connected by vertical curves and shall
provide a smooth transition and proper sight distance.
K.
A dead-end street or cul-de-sac shall not exceed six hundred (600)
feet in length. Dead-end streets shall have a turnaround at the end
with a radius of not less than fifty (50) feet to the right-of-way
line and tangent wherever possible to the right side of the street.
If a dead-end street is of temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
L.
No street shall have a name which will duplicate or so nearly duplicate
as to be confusing the name of existing streets.
M.
Bicycle-safe drainage grates shall be used in the construction of
all new streets or the reconstruction of existing streets.
A.
Tennis courts shall be permitted only in conjunction with a dwelling
unit or units erected on the same plot and shall not be used for commercial
purposes.
B.
A tennis court and its backstops and side stops shall not be erected
within the front setback of the principal building to which it is
an accessory. Backstops and side stops shall be set back from the
property lines a distance of not less than the height of said backstops
and side stops or the required building setback, whichever is greater.
They shall not exceed twelve (12) feet in height and shall be a fence
commonly known as a "chain link fence." In the event that the topography
requires a retaining wall and said wall meets all other requirements
set forth in this subsection, then in such event the same shall be
sufficient for these purposes.
C.
If lighting is to be provided, a lighting plan shall be submitted
for approval by the Planning Board, and the object of its approval
shall be to minimize undesirable off-premises effects. Lighting in
and around the tennis courts shall provide for nonglare color-corrected
lights focused downward. To achieve these requirements, the intensity
of such lighting sources, the light shield and similar characteristics
shall be subject to approval by the Planning Board. Further, the property
owners shall not use said lighting system after 11:00 p.m.
D.
A drainage plan in and around tennis courts shall be submitted for
approval by the Planning Board or its Engineer.
E.
Areas adjacent to tennis courts shall be landscaped, including trees,
shrubs and lawns, to serve as a buffer between said use and the adjoining
residential properties and to ensure an attractive appearance for
said use. Landscape plans shall be subject to approval by the Planning
Board.
Removal and protection of trees shall be in accordance with Chapter 22, Tree Removal, of the Borough of Highlands Code.
A.
Utilities to be Provided. All developments shall be served by telephone
and electric service, and, where applicable, gas service, public water,
public sanitary sewerage, and cable television. Each such service
shall be connected to an approved public utility system where one
exists.
B.
Location. All utility services shall be below ground, except that
terminal boxes may be located above ground. If located within a street,
wherever possible, said utilities shall be outside of the cartway
except for required crossings. Lots which abut existing streets where
overhead electric or telephone distribution supply lines and service
connections have heretofore been installed may be supplied with electric
and telephone service from these overhead lines, but any new service
from these overhead lines shall be installed underground. In the case
of existing overhead utilities, however, should a road widening or
an extension of service or other such condition occur as a result
of the development and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground,
if in accordance with current BPU regulations.
The developer shall arrange with the servicing utility for the
underground installation of the utilities' distribution supply lines
and service connections in accordance with the provisions of the applicable
Standard Terms and Conditions incorporated as part of the servicing
utility's tariff and on file with the State of New Jersey Board of
Public Utility Commissioners. The developer shall submit, prior to
the granting of final approval, a written instrument from each servicing
utility which shall evidence full compliance or intended full compliance
with the provisions of this section.
C.
As-Built Plans. The developer shall provide the Borough with at least
four (4) copies of a final "as-built" plan showing the installed location(s)
of all utilities.
A.
A terrace or deck shall not be considered in the determination of
yard size or lot coverage, provided, however, that such terrace or
deck is unroofed and without walls, parapets, or other form of enclosure.
Such terrace or deck, however, may have an open guard railing not
over three (3) feet high, and shall not project into any yard to a
point closer than three (3) feet from any lot line. Any deck that
extends above the elevation of the first floor of the principal structure
shall meet the setback requirements for that principal structure.
B.
Any open or enclosed porch shall be considered a part of the building
in the determination of the size of yard or lot coverage.
C.
The space in any required yard shall be open and unobstructed except
for the ordinary projection of window sills, belt courses, cornices,
eaves, and other architectural features, provided, however, that such
features shall not project more than two (2) feet into any required
yard.
D.
An arbor, open trellis, flagpole, unroofed steps, recreation and
clothes-drying equipment shall be permitted to encroach without limitations.
E.
An awning or movable canopy shall be permitted to project not more
than six (6) feet into any required yard. Where such awning or movable
canopy projects into the public right-of-way, it shall be a minimum
of seven and one half (7 1/2) feet above the ground.
F.
Bay windows including their cornices and eaves may project into any
required yard not more than two (2) feet, provided, however, that
the sum of such projections on any wall does not exceed one-third
(1/3) the length of said wall.
G.
Open fire escapes may extend into any required yard not more than
four and one-half (4 1/2) feet.
