[Ord. No. O-01-46 § 32-10.1]
The rules, regulations and standards set out in this chapter shall be considered the basic requirements for the protection of the public health, safety and welfare of the citizens of the City. Any action taken by the Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to this land, the literal enforcement of one or more of these regulations is impracticable or will constitute undue hardship, the Board may permit substantial compliance in lieu of literal compliance and may be reasonable and within the general purpose and interest of the rules, regulations and standards established by this chapter and other related ordinances.
[Ord. No. O-01-46 § 32-10.2]
a. 
No land shall be developed for any purpose unless the developer has eliminated or provided adequate safeguards against all unusual hazards to life, health, or property from flood, fire, disease, smoke, excessive vibration, noise or odor when such hazards are inherent in the location or physical character of the site. Land shall be prepared for development according to specifications of the City Engineer as regards elevation, compaction and time required for settlement.
b. 
Proposed development shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
c. 
Every lot shall have access to it that is sufficient to afford a reasonable means of ingress or egress for emergency vehicles as well as for all those likely to need or desire access to the property for its intended use.
d. 
The road system for residential subdivisions shall be designed to serve the needs of the neighborhood and to discourage use by through traffic. Minimum grades within lawn areas shall not be less than 2%. Maximum lawn grades, outside of a public right-of-way shall not exceed three feet, horizontal to one foot vertical (3:1), or as determined to be acceptable by the City Engineer.
e. 
Access to State highways shall comply with the State Highway Access Management Code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," N.J.S.A. 27:7-91.
f. 
Access to County and municipal roads shall comply where applicable with any highway access management code adopted by the County under N.J.S.A. 27:16-1 or by the municipality under N.J.S.A. 40:67-1.
g. 
To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
h. 
Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.
i. 
The design and layout of buildings and parking areas shall provide an aesthetically pleasing design and efficient arrangement compatible with the character of surrounding development. Particular attention shall be given to safety and fire protection and the impact on surrounding development and adjacent buildings and lands.
j. 
Groups of related buildings shall be designed to present a harmonious appearance in terms of building silhouette, architectural style and scale; massing of building form; surface material, finish and texture; decorative features; window and doorway proportions, entry way placement and location, signage and landscaping.
k. 
Buildings shall be designed so as to have attractive, finished appearances from all public spaces.
l. 
Roof Form. All roofs on one- and two-story principal buildings in residential districts should be pitched. Flat roofs shall not be permitted.
m. 
All additions, alterations and accessory buildings should be compatible with the principal structure in design and materials.
n. 
Appurtenances.
1. 
Fire escapes shall be constructed only against the side or rear wall of a building and shall be located and/or screened so as not to detract from the appearance of such buildings.
2. 
Rooftop equipment shall be screened by facade walls in a manner approved by the Board.
[Ord. No. O-01-46 § 32-10.3]
a. 
Block Length. Blocks shall be not less than 500 feet long nor more than 1,001 feet long. Crosswalks up to 12 feet wide may be required for blocks more than 900 feet long.
b. 
Block Width. Blocks shall be wide enough for two tiers of lots and shall be not less than 200 feet wide.
c. 
Through Lots. Double frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of 200 feet deep. Where the rear yards of double frontage lots abut major or secondary highways and the lots are entirely served by a separate residential service or neighborhood feeder street, their use may be required.
d. 
Grading. Blocks and lots shall be graded to secure proper drainage and to prevent the collection of storm water in pools.
e. 
Lot Lines. Lot lines shall be at right angles to street lines or radial thereto wherever practicable and each lot shall have access to a public street.
f. 
Lot Numbers. Lot numbers shall be assigned to each lot by the City Engineer.
g. 
Lot Sizes. No lot shall be smaller in size than that established in Chapter 35, Zoning Regulations.
h. 
Exceptions. Blocks in commercial and industrial districts may vary from the elements of design contained in this subsection.
[Ord. No. O-01-46 § 32-10.4]
a. 
Integration. The proposed street pattern shall be integrated with the City Plan of Streets and shall be related to topography so as to produce usable lots and reasonable street grades.
b. 
Widths. Minimum street and cartway widths are as follows:
Type of Street
Assumed Req. for Traffic and Parking
Right-of-Way Width
Cartway Width
Residential Service
2 traffic lanes (10 feet)
2 parking lanes (8 feet)
60 feet
36 feet
Local
2 traffic lanes (10 feet)
2 parking lanes (8 feet)
60 feet
36 feet
Collector and Arterial
2 traffic lanes (11 feet)
2 parking lanes (8 feet)
68 feet
38 feet
Limited Access Highway
Divided Highway — 4-6 lanes (12 feet or more)
N.J.D.O.T. Standards
c. 
Continuations. New streets shall be laid out to continue existing streets. Right-of-ways for new streets shall conform in width with the standards given above but shall not be less width than the right-of-way and cartway being extended.
d. 
Names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names for existing streets within the City. Prior to the approval of a name for any new street, the Planning Board shall seek the opinion of the Historic Preservation Commission, if one is established, as to the appropriateness of the name.
e. 
Adjacent Access. Street layout shall make reasonable provision for access to adjacent undeveloped areas and the developer shall improve these access streets to the limits of the development. Such access streets need not be provided with turnarounds unless specifically required by the Board.
f. 
Reserve Strips. Reserve strips controlling access to a development or to adjacent areas are prohibited.
g. 
Half Streets. Provision of half streets, except to complete existing half streets, is prohibited.
h. 
Highway Frontage. If the subdivision abuts a present or proposed major or secondary street, the Board may require the use of through lots as described above or the use of marginal service street along the edge of the highway but separated from it by a raised strip at least five feet wide.
i. 
Dead End Streets. Dead end streets are prohibited unless constructed as cul-de-sacs, not exceeding 500 feet in length, with a turn-around having a minimum radius of 60 feet to the property line.
j. 
Grades. There shall be a minimum centerline grade of 0.5% on all streets. A grade of 10% may be permitted for short distances if no gentler slope is possible.
k. 
Directional Changes. Changes in street direction shall be made by horizontal curves with minimum radius of 500 feet for residential and neighborhood feeder streets. These radii are to be measured from the inside curbline.
l. 
Vertical Curves. Vertical curves are required for changes in grade. Curves shall be of sufficient radius to provide a smooth transition and proper sight distance in accordance with the New Jersey Department of Transportation standards.
m. 
Surface Drainage. The slope of the crown on residential service, local and collector streets shall be more than 1/8 inch per foot and less than 1/3 inch per foot as directed by the City Engineer. Where drainage is provided in the center of the cartway, slopes of the same ratio shall be provided.
n. 
Curbs and Gutters. Curbs and gutters shall be constructed for the full length of all streets.
o. 
Side Slopes. Street cuts and fills shall be provided with side slopes no steeper than one vertical to two horizontal (1:2). Where necessary, such slopes shall be suitably planted with perennial grasses or other vegetation to prevent erosion.
p. 
Sidewalks. Sidewalks shall be required for residential, commercial, and industrial areas. Sidewalk paving shall not be less than four feet wide. The Planning Board may require wider pavements in high density areas and in commercial areas.
q. 
Material and Construction Standards. Materials construction standards for streets, curbs and gutters, and sidewalks, shall conform to regulations and standards of the City Engineer.
r. 
Street Improvements. Provision of storm sewerage inlets, catch basins and manholes shall meet the requirements and the approval of the City Engineer as regards both design and location. All catch basins shall be connected to a manhole.
[Ord. No. O-01-46 § 32-10.5]
Street intersections shall be designed according to the following standards:
a. 
Street intersections shall be at right angles wherever possible, and intersections of less than 70° (measured at centerlines of the streets) will not be permitted.
b. 
Street intersections shall not be opposite each other. They may be separated by at least 200 feet between centerlines measured along the centerline of the traffic street.
c. 
Maximum grade within any intersection shall not exceed 2% and approaches to any intersection shall follow a straight course within 100 feet of the intersection.
d. 
Curb radii at intersection shall be according to the following schedule of minimum lengths: 15 feet for residential service streets and alleys; 20 feet for local and collector streets; and 30 feet for major streets. Where streets of different categories intersect, requirements for the more important one shall hold. The street right-of-way line shall be parallel to the curbline. In zones where buildings are permitted to abut the right-of-way line, a diagonal cut-off may be employed, provided sidewalk width and corner visibility are unimpaired.
e. 
Except where buildings are permitted to front on property lines, a seventy-five-foot clear sight triangle shall be provided, in which no permanent structures shall be placed except for light standards, street signs and hydrants.
[Ord. No. O-01-46 § 32-10.6]
The following standards shall apply to the design and location of alleys:
a. 
Public and private alleys intended to serve as rear access to two or more lots; shall not be permitted in residential developments.
b. 
Alleys serving commercial and industrial establishments are required unless other provisions for service are approved by the Planning Board. Alleys serving such establishments shall have a paved cartway of a least 24 feet. If it is possible for an alley to go through a block, the alley shall be provided with an adequate turnaround at its closed end.
[Ord. No. O-01-46 § 32-10.7]
a. 
Connection. All residential and commercial properties shall be connected to the municipal sanitary and stormwater sewer system and to the public water supply system.
b. 
Installation. Installation of all sewer, water and other utilities shall be in strict accordance with the engineering standards and specifications of the City Engineer, Municipal Authority or appropriate public utility concerned.
c. 
Manholes. Manholes for sanitary and storm water sewers shall not be more than 300 feet apart on straight runs, and there shall be a manhole at every point of change in alignment or grade and size of pipe and intersections of sewer lines.
d. 
Fire Hydrants. Fire hydrants shall be located so that the distance from any building frontage to a fire hydrant is not more than 300 feet measured along the curb. The Planning Board, acting on the advice of the fire department, may require closer spacing of hydrants. In commercial and industrial areas the fire department shall prescribe the location of hydrants.
e. 
Easements. Where common utility lines for sewer and water service are installed in or over undedicated land, a public easement 15 feet wide shall be required.
[Ord. No. O-01-46 § 32-10.8]
a. 
All electric, gas and telephone utility lines shall be installed underground. Prior to the issuance of a building permit, a written certification from each serving utility shall be required which shall evidence full compliance with the provisions of this requirement.
b. 
All essential public utilities and related facilities shall be located underground. In such event that they cannot be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with an evergreen hedge and/or fencing as approved by the municipal agency. Machinery should be set back from public view. Architectural fencing provides screening and works in conjunction with landscaping to form aesthetically pleasing buffers. The use of brick enclosures creates uniform and harmonious architectural, color and material scheme.
[Ord. No. O-01-46 § 32-10.9]
a. 
General Standards.
1. 
Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through traffic, obstruction to pedestrian walkways and vehicular thoroughfares. Shared parking among mixed uses shall be encouraged.
2. 
A minimum of 10% of any surface parking facility shall be landscaped and shall include one shade tree for every 20 parking spaces.
3. 
All parking and loading areas abutting mixed-use/residential areas shall be landscaped about their periphery with shrubs, trees and/or ground cover.
4. 
With the exception of parking for one- and two- family dwellings and conventional townhouses, parking areas shall be designed in accordance with the following standards:
(a) 
Surfacing. Off-street parking areas shall be surfaced with an asphalt or similar durable and dustless surface as approved by the City Engineer.
(b) 
Curbing. Poured-in-place concrete or Belgium block curbing shall be utilized to separate vehicular from non-vehicular areas.
(c) 
Access. Traffic to and from the parking area shall be channelized by the use of raised strips or other suitable barriers. Access points shall be located on minor streets where practicable, and as far from street intersections as feasible. Signs shall not be located where they will interfere with visibility at access points.
5. 
All parking and loading areas shall be graded and paved with bituminous concrete and shall be adequately drained.
6. 
Parking garages. All parking garages shall be designed using materials that are compatible or complementary to the principal buildings on the lot, or, if there are no principal buildings on the lot, to adjacent buildings, so that they blend in architecturally. All voids in structures shall be screened, so that lights and vehicles are not individually visible. No blank walls shall front on the streetscape. See subsection 33-10.29 for additional standards.
b. 
Off-Street Parking.
1. 
Off-street parking shall be provided in accordance with Section 35-17 of Chapter 35, Zoning Regulations.
2. 
Where applicable, the Residential Site Improvement Standards (RSIS), as amended from time to time, shall apply unless either Hudson County or the City of Bayonne shall apply for and be granted a waiver from RSIS Guidelines by the State of New Jersey; provided that, if a waiver is granted by the State, the Municipal Council, by ordinance, may adopt residential site improvement standards consistent with RSIS Guidelines.
c. 
Off-Street Loading.
1. 
In any building or building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more of nonresidential space, there shall be provided and maintained on the same zone lot with such building, off-street loading berths.
2. 
Required off-street loading facilities.
(a) 
Dimension of loading berths. Required off-street loading berths shall be a minimum of 60 feet long, 10 feet wide and 14 feet high.
(b) 
Location of loading berths. All loading areas shall be on the same lot as the use that is to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, access way, off-street parking area, or public right-of-way. Where located, adjacent to any residential district, they shall be set back a minimum of five feet from such property line.
(c) 
Access. All required off-street loading areas shall provide sufficient turning spaces and access.
(d) 
Calculation of required spaces. The number of off-street loading berths required for any use shall be determined by application of the standards set forth in Schedule X-I.
Schedule X-I
Minimum Off-Street Loading Facility Requirements
Principal Building Size
Required Number of Loading Berths
Up to 20,000 square feet
1
20,000 to 50,000 square feet
2
Each additional 100,000 square feet
1 additional space
[Ord. No. O-01-46 § 32-10.10]
a. 
Minimum Average Design Illumination.
1. 
Industrial parking areas: 1.5 footcandles.
2. 
All other parking areas: two footcandles.
3. 
Pedestrian areas: 1.5 footcandles.
4. 
Driveway entrances: three footcandles.
5. 
Loading areas: five footcandles.
b. 
Property Lines.
1. 
Maximum illumination at property lines shall not exceed one footcandle.
2. 
Lighting shall be installed with shielding to direct light away from adjoining properties.
c. 
Light Poles. Light poles shall be rustproof metal or decorative wood and utilize underground wiring. Maximum pole heights shall be as follows:
1. 
Pedestrian areas: 12 feet.
2. 
Parking areas for 25 cars or less: 20 feet.
3. 
Parking areas for more than 25 cars: 30 feet.
[Ord. No. O-01-46 § 32-10.11]
a. 
Landscaping shall be provided as part of a site plan and/or subdivision design. It shall be designed in a total pattern throughout the site, integrating the various elements of the plan. Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, annuals, and other materials such as retaining walls, fences, and paving materials.
b. 
Shade trees shall be provided as part of a residential subdivision at a rate of one tree per lot. Shade trees shall be located on the street line as not to interfere with utilities.
c. 
All street trees and on-site deciduous trees shall not be less than 3 1/2 inch in caliper at the time of planting.
d. 
Minimum heights of materials at the time of planting.
Evergreen trees
6 feet
Deciduous trees
8 feet
Shrubs
3 feet
[Ord. No. O-01-46 § 32-10.12]
Subdivisions and site plans for industrial uses shall conform to the following additional standards.
a. 
Railroad (where available) and street access shall be arranged to minimize accident hazards within the site, to avoid traffic conflicts on adjacent or connecting streets, and to assure adequate circulation through the entire subdivision.
b. 
Street and driveway specifications shall be determined by the City Engineer with regard to the weight, volume and types of traffic expected.
c. 
Adequate provision shall be made to abate potential nuisances arising from the manufacturing process proposed or the disposal of waste products.
d. 
The extension of utility lines to the tract and to neighboring tracts shall be provided for in accordance with estimates of maximum demands on power, water, gas and other resources.
e. 
Industrial water supply and industrial waste disposal, if not connected with the municipal water and sewer systems, must be approved by the City Engineer, the City Board of Health and the State Board of Health.
[Ord. No. O-01-46 § 32-10.13]
a. 
General. All development applications shall demonstrate facilities suitable for separation of recyclable materials in accordance with the Municipal Recycling Ordinance.
b. 
Recycling Facilities in Multifamily Housing Developments.
1. 
"Multifamily housing development" shall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
2. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials. The dimension of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the District Recycling Plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
3. 
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from a refuse dumpster.
(a) 
The recycling area shall be well-lit and shall provide easy access for the building superintendent or residents to transfer materials to the curbside for pick-up by the City's recycling personnel.
(b) 
If the development comprises five or more acres, or if the size or nature of the development would otherwise make practical, the recycling area shall be directly accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles.
(c) 
Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft or recyclable materials, bins or containers.
(d) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions that might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(e) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs and indicating the materials to be placed therein.
(f) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in a aesthetically pleasing manner.
[Ord. No. O-01-46 § 32-10.14]
a. 
All open space shall incorporate elements such as shrubbery, attractive paving materials, street furniture, lighting, low walls, fountains and other architectural and artistic amenities so as to produce and provide a pleasant environment at all levels and to complement the surrounding buildings. All open space shall be designed to invite and attract the public.
b. 
Adequate lighting shall be provided to promote a sense of security in the open space.
c. 
Open spaces shall be so located to provide for maximum usability and to create a harmonious relationship between buildings.
[Ord. No. O-01-46 § 32-10.15]
Buffers may include fences, walls or landscaping to minimize any adverse impacts or nuisances such as the headlights of vehicles, noise, light from structures and the movement of people and vehicles on the site or from adjacent areas. Buffers may also be used to stop windborne debris from leaving the tract. Buffers shall be used, where appropriate, in the following areas:
a. 
Along property lines shielding various uses from each other.
b. 
Within or adjacent to parking areas, garbage collection areas and loading and unloading areas.
[Ord. No. O-01-46 § 32-10.16]
a. 
Fences or walls in excess of two feet in height shall be considered as accessory uses to a principal permitted use and are permitted in accordance with the standards set forth below:
1. 
Fences or walls two feet to four feet in height shall be permitted in all yards.
2. 
Fences or walls four feet to six feet in height shall be permitted only in the rear and side yards, up to and behind the front facade of the principal building.
3. 
All fences shall be set back at least three inches from the property line.
b. 
Industrial. General Regulations for Fences and Walls.
1. 
No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
2. 
The face or finished side of a fence or wall shall face the adjacent property.
3. 
No fence or wall shall be constructed with barbed wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans.
4. 
Conspicuous chain link fencing without screening and/or landscaping shall not be encouraged.
[Ord. No. O-01-46 § 32-10.17]
a. 
Sidewalks. Sidewalks shall be concrete, are required on all streets and shall have a minimum width of four feet and a minimum thickness of five inches. Sidewalk areas shall be landscaped and durably paved and shall be properly illuminated with adequate lighting as per subsection 33-10.10 above.
b. 
Traffic signs and control devices. These improvements, such as "Stop," "Yield" and "One-Way" signs, etc., shall be designed and installed in accordance with applicable Federal, State, County and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.
c. 
Street Trees.
1. 
Street trees shall be required on all development applications. Trees shall be approximately 40 feet apart and located between the setback line and the street right-of-way line if possible (including the side street on corner lots) and not closer than 25 feet from any existing or proposed streetlight or street intersection.
2. 
The trees shall be planted so as not to interfere with utilities, roadways or sidewalks.
3. 
Trees shall be nursery grown stock of not less than three inches in caliper at breast height (dbh), with branches commencing not less than eight feet above grade when planted and staked in an approved manner. Where there is adequate existing growth, the City may waive this requirement. The following species are recommended:
Trees to be Planted in Street Lawns 2.5 to 4 Feet Wide:
Ash, Columnar Oakleaf Mountain
Sorbus thuringiaca fastigiata
Cherry, Autumn Flowing
Prunus sobhirtella Autumnalis
Cherry, Columnar Sargent
Prunus sargenti columnaris
Hophornbeam, American
Prunus yedoensis
Turkish Filbert
Ostrya virginiana
Yellowwood
Cladrastis lutean
Trees to be Planted in Street Lawns Less Than 30 Inches Wide:
Cherry, Accolade Flowering
Prunus accolade
Cherry, Amanogawa
Prunus serrulata Amanogawa
Crab, Tea
Malus theifera
Golden Rain Tree
Koelreuteria paniculata
Hawthorn, Crimson Cloud
Crataegus oxyacantha superba
Hawthorn, Washington
Crataegus lalvallei
Japanese Tree Lilac
Syringa amurensis japonica
Maple, Japanese
Acer palmatum
Shadblow, Cumulus
Amelanchier cumulus
Shadblow, Pink
Amelanchier Canadensis robin hill pink
d. 
Street Furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. They may include phone booths, benches, bike racks, trash receptacles, bus shelters and landscaping planters. All trash receptacles shall be adequately secured, enclosed and screened on all sides by landscaping or other types of attractive materials.
e. 
Obstructions and Sight Triangles.
1. 
On a comer lot in any district, sight triangles shall be required in which no grading, planting or structure shall be erected or maintained more than three feet above the street center line or lower than 12 feet above the street center line. Traffic control devices, street name poles and utility poles shall be permitted in sight triangle areas.
2. 
Sight triangles shall be provided and shown at all street intersections to assure full visibility of approaching traffic. The sight triangle shall be triangular with the street sides being at least the following lengths: along a county road, as required by the County Planning Board; along an existing and proposed Municipal Street, 75 feet, except where buildings are permitted to front on property lines; along driveways servicing parking areas of 20 cars or more, 35 feet along driveway edge-of-pavement or curbline, and 50 feet along the intersecting, municipal street line, except where buildings are permitted to front on property lines.
[Ord. No. O-01-46 § 32-10.18]
Buildings and structures shall not interfere with the City's communications network. Developments and other private improvements shall be modified to accommodate the needs of the City's communication network to eliminate any interference a development would create, or shall otherwise accommodate the needs of the City's communication network within the development proposal.
[Ord. No. O-01-46 § 32-10.19]
If for any reason a first floor commercial use is proposed to be converted to a dwelling unit in any district where commercial use is permitted, the design features of the storefront architecture shall be preserved to the maximum degree possible. Storefront display windows shall be maintained. Residential privacy may be achieved by shades and curtains, blinds and the use of translucent glass such as sandblasted or etched glass, patterned glass and privacy glass. If the existing storefront incorporates a second tier of windows behind the storefront glass this second layer of glass may be clear or obscured. Solid bulkheads shall not exceed 2/5ths of the first floor height. Original bulkhead designs should be preserved to maintain the historic character of the street. Original materials to be maintained included wood, cast iron, cast aluminum, pigmented structural glass, terra cotta, porcelain enamel, ceramic tile, decorative brick, marble and granite. For security, the use of retractable security grilles and solid wooden doors is preferred to external grilles. If shielding of sunlight is a concern, awnings may be mounted above or below the transom. Recommended replacement windows for the transom area include hopper, sliding and awning windows. Recommended replacement windows for the display area include fixed glass and casement windows. Recessed entries shall be maintained and "outer" doors shall not be added. Respect for architectural context is recommended as well as a mixed use with first floor retail and office/housing on the upper floors.
[Ord. No. O-01-46 § 32-10.20]
Internal use screened through high end materials like decorative fencing and landscaping. High decorative, spiked fence provides security without being visually detracting. Use of uniform, decorative lighting fixtures create attractive streetscape along narrow sidewalk. Comprehensive design of parking, signage, security and landscaping creates an inviting entrance. Use of landscape island at vehicular entrance to separate traffic flow provides attractive traffic calming element. Deciduous landscaping partially screens industrial building from building view.
[Ord. No. O-01-46 § 32-10.21]
On street parking is encouraged with no curb cuts to interrupt pedestrian flow. Mixed-use is encouraged. Large display windows on first floor with limited window signage, uniform signband in scale with storefront is recommended. A uniform standardized signage should coordinate with architecture. A vestibule should provide transition from public to private space. An "open door" atmosphere should be achieved through big window which allows interior activity to mix with the sidewalk to create a vibrant streetscape. An outdoor dining provision should be added to produce a dynamic sidewalk.
[Ord. No. O-01-46 § 32-10.22; Ord. No. O-16-48]
a. 
The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the City of Bayonne.
b. 
Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the City of Bayonne and filed with the Municipal Agency, or the final approval will be conditioned upon full approval of the City of Bayonne.
c. 
The following standards are to be applied for all sewer utilities;
1. 
All feasible efforts shall be made to minimize the impact of development on the City sewer system.
2. 
Developers shall direct stormwater to storm sewers wherever possible.
3. 
Roof drains should drain to the ground and not the combined sewers.
4. 
Parking lots should have provisions for detention.
5. 
Runoff should be directed to on-site swales.
6. 
Parking lots should have mechanisms for filtration of stormwater directed to the combined sewer system.
7. 
Developers should be required to cut and cap utilities at the main.
8. 
Demolition contractors should be required to cut and cap utilities at the main.
9. 
The City of Bayonne reserves the right to approve all connections and methods employed to connect to city infrastructure systems.
d. 
Stormwater Runoff Collection System Design.
1. 
Pipe sizes for stormwater collection systems should be based upon design runoff estimated using the Rational Method, or other runoff estimation technique, approved by the City Engineer. A twenty-five-year design storm curve should be used to compute runoff within system. A minimum time of concentration (tc) of 10 minutes should be utilized.
2. 
The pipe size shall be determined by acceptable drainage design procedures, but shall not be less than 15 inches in diameter.
3. 
Drainage inlets shall be located at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six and zero tenths cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum, 500-foot intervals throughout the system and at pipe junctions.
4. 
Storm drains and inlets that are constructed within parking areas, and connect into combined sewer systems, shall be equipped with filtering devices, such as inlet traps and sumps or sand filter devices, or a combination of such devices, to reduce the introduction of oils, sediment and solids from the parking areas into the combined sewer.
5. 
Storm drain pipes running longitudinally along street shall not be located under curbing.
6. 
Storm drain pipes shall be the size specified and laid to the exact lines and grades approved by the City Engineer. Specifications from manholes, inlets and storm drains shall be in accordance to the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction, 1989, including the most current supplements.
7. 
Grading shall direct stormwater runoff away from all buildings and avoid the concentration of stormwater runoff from one lot to another.
8. 
Easements for storm drains shall be provided in accordance with subsection 33-10.7e.
[1]
Editor's Note: Effective 12-31-2016 the Municipal Utilities Authority is dissolved by Ord. No. O-16-48. See Section 2-29.
[Ord. No. O-01-46 § 32-10.23]
a. 
Peak runoff after development shall be no greater than the peak runoff prior to development, computed for the two-, ten-, and 100-year design storm. Peak runoff shall be calculated using one of the following techniques:
1. 
Rational Method or its derivatives.
2. 
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. 
Those methods as approved by the City Engineer.
b. 
Where pre-developed peak runoff rates cannot be maintained, or reduced after development, the best available technology shall be utilized to accommodate stormwater management by natural drainage strategies where possible and practicable. Methods of stormwater management are subject to the approval of the City Engineer. Stormwater management facilities, when required or selected, shall be designed in accordance to those requirements specified in the Residential Site Improvement Standards, N.J.A.C. 5:21-7.5 and N.J.A.C. 5:21-7.6.
[Ord. No. O-01-46 § 32-10.24]
All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on nontidal bodies of water, either existing or proposed, shall provide bulkheading or other appropriate permanent bank stabilization, acceptable to the Municipal Agency. In no case shall bank slopes, bulkhead, rip-rap, revetments, or other elements of bank stabilization be located within required minimum yard areas.
Bulkheads may be constructed of treated timber, reinforced concrete, marine alloy steel or other materials in accordance with approved details (if adopted) and a detailed design to be submitted by the developer in each case for approval by the City Engineer, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or constructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.
The Municipal Agency may consider waiver and/or modification of this requirement when necessary to preserve wetlands or other natural features, provided that minimum lot sizes may be maintained and that all development may be made reasonably secure from erosion.
[Ord. No. O-01-46 § 32-10.25]
In Zoning Districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
a. 
No bulk storage of materials or equipment shall be permitted in any required front yard area or within 50 feet of any public street, whichever is greater.
b. 
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
c. 
All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Municipal Agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of this chapter and a six-foot chainlink fence or equivalent shall be provided.
d. 
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of this chapter.
e. 
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the Municipal Agency, which shall be of sufficient strength to handle the anticipated use.
f. 
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
g. 
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 20 feet, except as the same may be in transit to or from the site.
[Ord. No. O-01-46 § 32-10.26]
a. 
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for Road and Bridge Construction, 1989, including the most recent supplements, for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:
Type of Concrete
Strength
(pounds per square inch)
Class A
4,500
Class B
3,750
Class C
3,500
Class D
2,750
b. 
Unless specific written permission is obtained from the City Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.
[Ord. No. O-01-46 § 32-10.27; Ord. No. O-11-18]
Private swimming pools as defined in this chapter shall be permitted upon issuance of a zoning and building permit as an accessory use and structure to a permitted residential use, provided they are located only in a rear or side yard and the following requirements are met:
a. 
Type of Pools.
1. 
Permanent underground/in-ground.
2. 
Permanent above ground/on-ground.
3. 
Temporary above ground/on-ground.
b. 
Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations, and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
c. 
Electric Lines. No overhead electric lines shall be carried across any swimming pool or wading area.
d. 
Noise. No activities shall be conducted at any private swimming pool which shall violate City ordinances or constitute a nuisance to any neighbor.
e. 
Zoning Permit Application. The applicant for a private swimming pool shall submit a sketch, plot plan or site plan that identifies the building lot, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, ladder, deck, walkway and location with details of the enclosure and gate on the lot.
f. 
Pool Location. An outdoor private swimming pool shall be located not less than five feet from the side or rear of the residence on a building lot, as measured from building foundation to wall of pool. Additionally, private underground/in-ground pools shall be located not less than five feet from open decks, porches, stairwells, and balconies.
g. 
(Reserved)
h. 
Drainage. Private swimming pools situated or extended above ground level and less than 50 feet from an abutting property shall provide for suitable drainage leading to a street or water course so as to be able to carry away all the water in the pool in the case of a break.
i. 
Enclosure. The area containing the swimming pool shall be enclosed by a solid fence, wall or chain link fence with no openings greater than a two inch square, and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. Fences shall be at least four feet high. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.
j. 
Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above ground to the height of the fence. The gate shall be of a self-closing, self-latching type, opening outwardly only, and be equipped with a lock and key or padlock and chain, and shall be kept locked, except when the pool is in use.
k. 
Yard Setback Requirements. The swimming pool shall be located not less than three feet from any property line and not less than two feet from any accessory structure, provided same satisfies the location requirements set forth in subparagraph f hereof.
[Ord. No. O-01-46 § 32-10.28]
a. 
When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:
1. 
Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season; and
2. 
A solid and uniform fence at least five feet in height on four sides of the equipment; or
3. 
A masonry wall at least five feet in height on four sides of said equipment; or
4. 
Extensions or parapet walls, mansard roof lines, structural or ornamental screens of baffles; or
5. 
Any similar types of solid or uniform screening which will prevent exposure of such equipment to public view.
b. 
The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.
[Ord. No. O-01-46 § 32-10.29]
a. 
Underground garages shall be properly lighted and equipped with fire fighting devices, with mechanical or other ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one part in 10,000 (0.01%) or the concentration of gasoline vapors in excess of 20% of the lower explosive limit. Garages located under a principal or accessory building shall have an automatic fire alarm system and a ceiling or protected construction of not less than 1 1/2 hour fire resistance.
b. 
Design Standards and General Requirements:
1. 
No garage, parking structure or accessory building is permitted between a principal structure and a street.
2. 
Commercial garages or vertical parking garages, whether freestanding or attached to a principal structure, when allowed as a permitted accessory use, shall conform to bulk requirements for principal structures, except as provided herein.
3. 
Vertical parking garages shall not exceed a height of 45 feet or the maximum height permitted in the zone district, whichever is less. In no event shall there be more than five parking levels.
4. 
Individual single-story garages, whether attached or detached, shall be arranged to open to the interior or rear of a lot, except fully detached garages, located entirely to the rear of any principal building.
5. 
Attached single-story garages shall have a capacity of not more than 10 vehicles arranged in a row, and there shall be a minimum distance of 25 feet between such structures.
6. 
The architectural design and materials used in the construction of garages shall conform to the design and building materials used in the construction of the main structures.
7. 
No part of any garage or other accessory building shall be used for living purposes.
8. 
Roofs of garages may be landscaped and utilized for open space and recreation uses such as, but not limited to, tennis courts. 50% of such areas may be utilized to meet minimum unoccupied open space requirements.
9. 
Any garage used or operated as part of a commercial parking facility shall conform to the applicable provisions of this chapter.
c. 
All garages shall have adequate security provisions.
d. 
Only passenger vehicles, small vans, pick-up trucks, and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for extended periods.
e. 
Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.
f. 
Aisle and space dimensions for vertical parking garages shall conform to this chapter except for the following:
1. 
Minimum two-way aisle width - 22 feet.
2. 
Minimum one-way aisle width according to the following (90° bays and one-way aisles are discouraged):
Parking on Right and Left Side of Aisle
None
90° Bays
60° to 90° Bays
40° to 60° Bays
Parallel Bays
None
12 feet
22 feet
18 feet
16 feet
16 feet
90° Bays
22 feet
22 feet
22 feet
22 feet
24 feet
60° to 90° Bays
18 feet
22 feet
20 feet
20 feet
20 feet
40° to 60° Bays
16 feet
22 feet
20 feet
16 feet
18 feet
Parallel Bays
16 feet
24 feet
20 feet
18 feet
16 feet
3. 
Minimum parking space size.
(a) 
Controlled low turnover spaces (including commuter spaces, singly user employee parking and similar uses) - eight feet by 17.5 feet or eight feet by 16.5 feet with curb overhang.
(b) 
All other - nine feet by 18 feet or nine feet by 17 feet with curb overhang.
(c) 
All parallel parking spaces - nine feet by 22 feet.
4. 
Minimum compact parking space size - seven feet four inches by 16 feet.
5. 
Maximum number of compact spaces - 33 1/3% of total.