Article IV DEVELOPMENT REQUIREMENTS AND STANDARDS

§ 40-25 GENERAL DESIGN STANDARDS.

In reviewing any application for development, the Board shall consider the following standards. In the case of standards covered by Residential Site Improvement Standards (RSIS), they shall take precedent for residential development, unless specifically discussed in this Chapter.

Circulation.

The Board shall consider pedestrian and vehicular traffic movement within and adjacent to a lot or tract with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads.

The Board shall ensure that all parking areas are landscaped and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a safe ingress and egress to the lot or tract.

The circulation plan of each development shall reflect the Master Plan's circulation plan element. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged and clearly indicated.

Access to lots within the Borough shall be from within the Borough as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the Board may require documentation that such access is legally established and that the access road is adequately improved. New lots shall also use the Borough boundary as the lot line to avoid new lots straddling the boundary.

Design and Building Layout.

The design and layout of buildings and parking areas shall be aesthetically pleasing and provide for efficient arrangement. Particular attention shall be given to energy conservation, safety and fire protection and impact on surrounding development. Architectural design shall be compatible with the environmental and natural characteristics of the tract and the surrounding neighborhood.

All new buildings shall strengthen the particular design features of their locale, by, for example, framing scenic views, defining and inviting the use of open spaces, or continuing particular and desirable design features or statements.

All building additions shall be designed to reflect the existing building in terms of scale, materials, windows and color. A change in scale may require a transitional design element between the addition and the existing building. Facade renovations should include as few different materials as possible.

Where large structures are required, massing and blank walls shall be avoided as much as possible and, where necessary, relieved by variation and architectural relief and details. Excessively expansive blank walls are prohibited. Building offsets shall be provided along each building wall to relieve the visual effect of a single long wall. Roof lines shall also be varied. An individual building may use a combination of story heights to provide further visual relief. Building designs should incorporate details such as masonry chimneys, cupolas, dormers, and similar features for architectural appeal.

Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect surrounding patterns. Flat roofs and Mansard roofs are discouraged except to soften or otherwise improve the appearance of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.

Materials shall be selected for suitability to the type of buildings and the design in which they are to be used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

Colors shall be selected to be harmonious. Only compatible accent colors shall be used. Accent or complimentary colors, harmonizing with the main color, may be used for trim, awnings and other accents. Metal awnings are prohibited.

Facade renovations shall not destroy or cover details on a building of historic or architectural interest.

In renovation projects, prevailing natural materials and themes shall be retained. Facades of natural materials such as stone, wood siding and brick shall not be covered with artificial siding or panels except for good cause shown. If an original material is or appears most appropriate on a facade, such material, if available, shall be used for renovations and additions. Roof cornices shall be retained, repaired, replaced or added where appropriate.

Environmental Considerations.

Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

Land with improper drainage, depth to the seasonal high water table of less than one foot, slopes in excess of 15%, utility easements, wetlands and their transition areas, stream encroachment, and areas within the 100-year flood plain, shall be restricted from development in accordance with any regulations adopted by Federal, State or County agencies and any regulations contained in this Chapter where Federal, State and County regulations may not apply.

Any subdivisions and site plans where there may be improvements proposed in these areas shall not be granted final approval unless the applicant has received the appropriate permits, except that subdivision and site plan applications where requests have been made for the appropriate permits and/or waivers from a Federal, State or County agency having jurisdiction over the matter may be conditionally approved subject to receipt of the Federal, State or County permits and/or waivers.

Any development permitted in these environmentally sensitive areas shall have adequate and acceptable designs to minimize the impact of the development by meeting the requirements of this Chapter and the other applicable Federal, State or County regulations.

Landscaping.

Landscaping shall be provided as part of any overall site plan design and integrated into building arrangements, parking and buffering requirements. Landscaping includes trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials in an imaginative manner.

The existing sense and appearance of any natural scenic qualities on a tract shall be retained by the careful placement of buildings and improvements.

Buffering.

Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may include but not be limited to fencing, walls, evergreens, shrubs, landscaping, berms, open space, deciduous trees or combinations thereof to achieve the stated objectives.

Extensive buffering shall be required where intensive land uses abut less intensive uses. Existing natural vegetation, if appropriate for the above stated purposes, shall be retained.

Open Space.

Open space shall be provided as part of a site plan and shall serve as a buffer and/or help integrate buildings and uses. Undeveloped open space should have as a prime objective the preservation of a tract's natural amenities and vistas.

Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

Signs.

Signs shall be designed so as to be aesthetically pleasing, coordinated with other signs on the site through a master signage plan and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

There should be a coordinated graphics design theme throughout any site plan. The design theme shall include style and size of lettering, construction materials, colors, location, size and lighting. Color of letters and background should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located.

Utilities. Particular emphasis shall be given to establishment of drainage rights-of-way, analysis of the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately control the rate, volume and velocity of storm drainage, provide for treatment of effluent and to maintain an adequate supply of potable water at sufficient pressure.

Street Furniture. Street furniture shall be made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include, but are not limited to, benches, bike racks, trash receptacles, bus shelters, tree planters and directory signs.

§ 40-26 SPECIFIC DESIGN STANDARDS.

[Ord. No. 11-1314 § 10; amended 10-1-2019 by Ord. No. 2019-1452; 12-3-2024 by Ord. No. 2024-1518]

In reviewing any application for development, the Board shall consider the following standards.

Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required by this Chapter and to provide for convenient access, circulation control and safety of street traffic.

Lots.

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

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

To the extent possible, lots shall be rectangular or square.

Through lots with frontage on two or more streets are prohibited.

Flag lots are prohibited.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as but not limited to wetlands or flood conditions, the Board may withhold approval of such lots.

Any lot(s) or portions of a lot which, in the judgment of the Board, are undevelopable, inconsistent with the requirements of this Chapter, or in some manner may create or generate conditions inimical to the public health, safety, morals or welfare, may be denied either subdivision or site plan approval in whole or in part.

The reason for denying a lot, or a portion of a lot, for development shall be related to the standards in this Chapter governing required street access; street grades, widths, improvements or construction standards; final grading of the land creating improper drainage and soil erosion protection; intrusion onto wetlands, wetland buffers, and flood hazard areas without NJDEP approval; insufficient lot area, buildable area, lot dimensions, or building setbacks from lot lines or other required setbacks; lack of water or sewer service; insufficient parking or loading; insufficient stormwater control devices; or unsafe conditions related to sight distances, glare, hazardous or toxic materials, noise, and air/water/ground pollution.

Where one or more lots in a subdivision are denied, or where development plans for portion(s) of a lot submitted as part of a subdivision or site plan are denied, those areas shall be redesigned to either serve a permitted activity or use, or be attached to an approvable lot, or be deed restricted to open space until the deficiencies are remedied.

Apartments and Townhouses.

Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated into the overall plans: landscaping techniques; building orientation to the site and other structures; topography; and natural features such as wooded areas, drainage courses, soil conditions, and topographic relief. The plans shall also indicate how building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and floor designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination, have been considered and selectively used within the project.

No dwelling unit shall have a living area lower than the finished grade along the front of the structure, except that on side hill locations the number of stories above ground on the uphill side shall not exceed two, with a third story permitted above ground on the downhill side.

All required open space shall be improved for the purposes intended as shown on the plan.

The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents, and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.

Decks and Patios. Every townhouse and apartment development shall include on the plans at least one detail for a patio and one detail for a deck, whether or not the developer plans to construct these accessory structures. These structures shall be designed as open air, non-roofed structures which may have a privacy wall or fence not more than six feet in height located between adjacent patios and decks. The structures shall abut the unit they serve, extend no further than 12 feet from the dwelling unit, be no more than 150 square feet in area, and may or may not have the outside edge (the edge parallel to the wall of the building) enclosed with a gated wall or railing not more than three feet high and/or with a row of planting(s), but in either case providing access by emergency personnel.

Bikeways.

A ten-foot easement for bikeways shall be provided along those street rights-of-way proposed to have a bikeway as shown in the circulation plan adopted as part of the Master Plan.

The easement shall be located outside the curbline, but within the street right-of-way. Bikeways need not be constructed as part of abutting street improvements, except that where any grading, drainage, curbs, pavement or similar street improvements are required as part of abutting street improvements, the work shall be extended to include the necessary rough grading in the easement for the bikeway.

Buffers.

General.

Buffer dimensions shall be measured from property lines.

Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.

No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.

When required; dimensional requirements. All uses other than single-family detached dwellings shall provide buffer areas along all side and rear property lines which abut any residential use. Additionally, commercial uses and other nonresidential uses shall provide buffer areas along all side and rear property lines which abut areas containing or planned for any residential use. The buffer areas shall meet the provisions as follows:

The width of the buffer shall be determined in accordance with the following:

(1)

Multifamily dwellings abutting any residential use: 15 feet.

(2)

For commercial uses and other nonresidential uses abutting residential uses or zones: 40 feet.

Buffer areas shall be placed with dense evergreen plant materials in an irregular and natural appearing pattern to form a continuous screen from grade level to a height of five feet. Where adequate space is available in buffer areas, the screen plantings should be concentrated in a planting strip approximately 15 feet to 20 feet wide. Additional area within the buffer area should be planted with ornamental trees and shrubs and canopy trees. Where existing vegetation is to be preserved, the same may be incorporated into the buffer and supplemented with additional plantings as required by the Board.

Buffer areas may be located within required setback areas. However, no residential structure may be closer than the distance equal to 10 feet or half its height, whichever is greater, to a buffer line. Additionally, no commercial or other nonresidential structure may be closer than a distance equal to 20 feet or half its height, whichever is greater, to a buffer line.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the developer during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

Curbs, Gutters and Sidewalks.

Monolithic concrete curb and gutter, or concrete curb, as directed by the Board, shall be installed along every street within any new development and along the front and side of all lots abutting existing roadways where curbing does not exist.

Curbs shall be set in accordance with approved lines and grades and radial curbs shall be formed in an arc segment, on a smooth curve. Chord segments are prohibited. Standard curb, or curb and gutter, sections shall be 10 feet in length with preformed expansion joint material on not more than twenty-foot centers. The exposed curb face on local roads shall be six inches and on County and State roads shall be the dimension set by the County or State Engineer.

Concrete for curbing shall be made with air-entrained cement, Class B, having a compressive strength in 28 days of 4,500 pounds per square inch, or better. Ramps for bicycles and/or wheelchairs shall be provided in accordance with the Design Standards for Curb Ramps for the Physically Handicapped, prepared by the New Jersey Department of Transportation.

Sidewalks shall be required along all property frontages as part of any development application (including minor subdivisions). Should the Planning Board or Zoning Board of Adjustment waive said sidewalk requirement, the applicant shall be required to pay into the Borough's Sidewalk Capital Construction Fund in accordance with Chapter 41 of this Code.

Where required, sidewalks shall be at least four feet wide, but may be increased to six feet, eight feet, or 10 feet as concentrations of pedestrian activity can be expected to increase.

All public sidewalks shall be constructed of concrete, be at least four inches thick except at points of vehicular crossing where they shall be at least six inches thick, of Class B concrete having a 28 day compressive strength of 4,500 pounds per square inch, and shall be air-entrained.

Sidewalks under the jurisdiction of a homeowners' association may be constructed of concrete or closed-cell pavers. If constructed of concrete, sidewalks shall comply with the public sidewalk criteria above. If constructed of closed-cell pavers, sidewalks shall have a two-inch base of crushed stone, two inches of Class B concrete as required above, and paver brick at least one inch in thickness.

Where any sidewalk crosses curbs, curb ramps shall be provided as outlined above. Preformed expansion joint material shall be placed on concrete sidewalks at maximum twenty-foot intervals and where sidewalks abut either curbing or a structure.

Driveways.

The entrance to the street shall be at an angle of 75° to 105° with the intersecting street.

The portion of the driveway between the street right-of-way and the cartway (including the apron and sidewalk) shall be paved with concrete [4,500 psi strength and six inches thick].

Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the driveway connected to the street in the same manner as another street.

The grade of a driveway shall not exceed 10%.

Driveway pavement widths:*

	Minimum (feet)	Maximum (feet)
Industrial	24	40
Commercial	24	40
Multi-family	24	35
Single-family	10	20
Public and quasi-public	24	35

* Exclusive of any parking bay, turnaround, and curb return.

Minimum distance to street intersection shall be 50 feet.

There shall be a maximum of one driveway per single family lot unless the lot is greater than 150 feet wide, in which case a single circular driveway with two curb cuts with a minimum distance of 50 feet between them is permitted. Nonresidential uses shall be limited to one driveway per lot unless the lot width is greater than 500 feet, then a second driveway may be permitted if the driveways are at least 200 feet apart and the required setbacks from intersecting streets and adjacent property lines can be met.

Driveways shall be located the following distances from lot lines other than street rights-of-way, except that where two lots share a driveway, the driveway may either abut or overlap the common lot line.

Single family lots: 5 feet.

Other residential: 20 feet.

Nonresidential: 20 feet.

Driveways shall be a durable, dust free, all weather proof surface, such as concrete, asphalt, or closed cell pavers.

10.

Lots with frontage on more than one street shall have driveway access to the street with the lower, or lowest, street function.

Easements.

Easements for a variety of purposes shall be identified on the plat. These may include, but are not limited to, easements for shade trees, wetlands, wetlands transition areas, conservation, cross easements for access, utilities, sight triangles, and stormwater management. Easements must be approved by the appropriate municipal agency.

All easements shall be shown on the plat and shall be clearly labeled as to the type of easement. All easements shall be dimensioned as to permit the accurate location of the easement. Each type of easement shall be identified in a note on the plat as to the purposes, restrictions and conditions applicable within the easement, which language shall be placed in each property deed.

Where a subdivision is traversed by a watercourse, drainage way and/or stream, there shall be a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width for construction as will be adequate.

Sewer easements shall have a minimum width of 15 feet and shall not be within the beds of street pavements but may, if feasible, traverse and encompass any street right-of-way outside of the pavement or curb lines. The land areas contained in such easements shall not be deducted from the total area of the lots on which they are located.

Utility and drainage installations not located in public or utility rights-of-way shall have a minimum width of 15 feet and shall be located along side and/or rear lot lines where possible. Utility and drainage installations not located in public or utility rights-of-way shall be located along side and/or rear lot lines where possible.

The removal of trees and ground cover shall be prohibited in a conservation easement or flood plains except for the following purposes: The removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or areas to be flooded as a result of the creation of ponds or lakes. Any trees removed shall be replaced in kind by either a 2.5-inch caliper deciduous tree or 6-foot evergreen tree. The construction of any manmade structure is prohibited in a conservation easement (fence, shed, patio, deck, pool, etc.).

Internal grading of a lot as by swale, berm or other topographical feature designed to intercept or direct waters shall either be designated as an easement on the plat to be filed or be dedicated by recorded instrument in such a way as to give notice of the easement to future owners of said property and ensure continued maintenance of the drainage feature.

Fire Protection.

Provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Borough Fire Marshal or Borough Engineer and in accordance with the Insurance Service Office of New Jersey. Said fire hydrants shall be installed at locations shown on the approved preliminary plat.

Where streams or ponds exist, or are proposed, and there is no central water supply, facilities shall be provided to draft water for fire-fighting purposes, including access suitable for fire-fighting equipment and construction of, or improvements to, ponds, dams or similar on-site or off-site facilities. Such facilities shall be constructed to the satisfaction of the Borough Engineer and Fire Marshal and in accordance with the Insurance Service Office of New Jersey. Their location shall be constructed in locations as shown and approved on the preliminary plat.

(Reserved)[1]

[1]

Editor's Note: Former Subsection J, Fences or Walls, was repealed 10-1-2019 by Ord. No. 2019-1452.

Garages.

Any residential garage shall match the architectural design of the principal residential structure on the lot in terms of color, roof pitch, cladding material and other details.

The minimum interior dimensions for either an attached or detached garage shall be 10 feet wide by 20 feet deep.

Lakes Any artificially created lake shall have a minimum water depth of three feet from May 1 to September 1 and may be required to include aeration and circulation devices to avoid stagnation and algae growth.

Landscaping/Shade Trees.

All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped. In all single-family districts, a minimum of 75% of the front yard area shall be landscaped. No landscaping shall interfere with required sight triangles.

Deciduous trees in planting areas shall have at least a 2 1/2 inch caliper and be eight to 10 feet in height at planting, and evergreen trees shall be at least six feet tall. All trees shall be balled and burlapped and be of specimen quality as established by the American Association of Nurserymen.

All shade trees shall have a minimum diameter of three inches measured six inches above the ground and be of a species included in the Shade Tree Commission's list of Approved Shade Trees for the Borough of Tinton Falls.

Shade trees shall be required on all development applications.

Shade trees shall be planted approximately 40 feet apart and parallel to and at a distance of 12.5 feet from the curbline or edge of pavement if no curb is to be installed, and shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety.

Shade trees shall be located not closer than 25 feet to any existing or proposed streetlight or street intersection.

No shade tree shall be removed for the construction of any driveway or curb cut without replacement.

An exclusive shade tree easement (with the exceptions noted below) dedicated to the Borough shall be recorded on the subdivision deed and the final subdivision plat and/or the final site plan. The easement shall be fifteen feet wide. The deed or final plat shall contain a statement that provides for the planting of shade trees within the easement 40 feet apart along the right-of-way and that the property owner is prohibited from removing, relocating, or purposefully causing damage to, or trimming the trees other than routine maintenance. The statement shall further state that no other easement(s) shall be allowed in the same area except for sight triangle easements and utility easements which must cross the shade tree easement. The shade tree easement may also have improvements within the easement such as driveway crossings and utility services necessary to access and to serve the dwelling or building(s) contained on the lot.

Route maintenance (including removal of any dead or dying trees) shall be the responsibility of the property owner and shall commence once the certificate of occupancy has been issued. A tree removal permit shall be required in accordance with Chapter 17 for any trees to be removed.

The developer shall guarantee that each shade tree shall fully survive until such time as the release of the maintenance guarantee. The Borough Engineer shall inspect the shade trees at the time of the request for the release of the performance guarantee and shall require that the dead or dying trees be replaced. Upon request by the developer for the release of the maintenance guarantee the Borough Engineer shall inspect the shade trees and shall require that the dead or dying trees be replaced.

Any landscaping which, within two years of planting, dies, for any reason, shall be replaced by the developer(s) or by the current owner at their sole expense.

Native species and their cultivators shall be used in all landscape designs. Nonindigenous Plant Species, as identified by the New Jersey Department of Environmental Protection, Natural and Historic Resources Group, Parks and Forestry, Office of Natural Lands Management, Natural Heritage Program 2004 publication "An Overview of Nonindigenous Plant Species in New Jersey," or any subsequent revision, shall be prohibited.

The following principles shall be considered:

Landscaping shall be located to provide for climate control.

Landscaping shall be used to accent and complement buildings.

Landscaping shall be provided in public areas, parking areas, recreation sites and adjacent to buildings.

Vines and climbing plants may be considered for large expanses of wall.

Massing trees may be considered at critical points.

Smaller trees shall be used on narrow streets.

Ground cover shall be used to prevent erosion.

A variety and mixture of landscaping shall be provided. Consideration shall be given to susceptibility to disease, colors, season, textures, shapes, blossom and foliage in selecting species.

Local soil conditions and water availability shall be considered in the choice of landscaping.

Existing trees located within 10 feet of any street right-of-way shall be maintained unless shown to be removed as part of an approved plan. The existing grade within that space shall not be disturbed without such approval.

Entrances to nonresidential lots shall be given special landscaping treatment with an entrance feature.

The impact of any proposed landscaping plan at various time intervals shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.

Existing large trees (more than six-inch caliper) shall be saved by not varying the grade around the trees by more than six inches, by construction of tree wells and by erecting protective fences.

Landscaping in parking areas shall be provided in accordance with this article.

Impervious materials shall not be used in any landscape area. Weed retardant mulch, porous non-woven synthetic landscape fabric or other materials shall be used.

Vegetative ground cover is encouraged.

Stripping trees from a lot or filling soil around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees. Dead or dying trees shall be removed and dead limbs trimmed by the developer prior to the issuance of a certificate of occupancy.

A landscape plan prepared by a certified landscape architect or Professional Engineer shall be submitted with every subdivision and site plan showing the proposed grading, plant material and other features such as, but not limited to, street furniture, walkway locations, pavement material, lighting, and any decorative improvements that are located outside parking and loading areas detailed above, including, but not limited to, stormwater management facilities, street trees, park and recreation areas, the yard areas of buildings, and building foundation plantings.

A Tree Preservation and Removal Plan in accordance with §17-5 shall be submitted with every subdivision and site plan for any non-single-family property greater than one acre in size.

Lighting.

Standards. All outdoor light fixtures installed and thereafter maintained, other than those serving single-family dwellings, shall comply with the following requirements:

Only shielded light fixtures shall be used.

Where used for commercial purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:

(1)

Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extensions of the illuminated object.

(2)

Other upward directed architectural, landscape or decorative direct-light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

(3)

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

The design and installation of outdoor lighting on a site shall be constructed so as to conform to the following standards:

(1)

All outdoor lighting during non-operating hours of the business on site, not necessary for safety and security purposes, shall be reduced, activated by motion-sensor devices or turned off.

(2)

All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

(3)

All lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

(4)

No lighting shall be of a yellow, red, green or blue beam nor be a rotating, pulsating or other intermittent frequency. Farm qualified properties shall be exempt from these restrictions for the sole purpose of pest control.

All light fixtures shall be designed, installed and maintained to prevent trespass light.

The maximum height of freestanding lights shall not exceed the height of the principal building, or 18 feet, whichever is less.

The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area.

Freestanding lights shall be so located and protected to avoid being damaged by vehicles.

The maximum illumination at property lines shall be 0.1 footcandle.

All wiring shall be laid underground.

For all nonresidential uses, except shopping centers noted below, the light intensity provided at the ground level shall be as follows:

	Footcandles
Minimum	0.5
Maximum on any location	4.0
Maximum average entire area	2.0
Uniformity ratio - Not greater than	4:1

For shopping centers the light intensity at ground level may be increased to the following:

	Footcandles
Minimum	1.0
Maximum at any location	8.0
Maximum average entire area	4.0
Uniformity ratio - Not greater than	4:1

Modular Homes/Buildings. All modular structures shall be required to be installed upon footings, a foundation or a concrete slab designed according to the Building Codes.

Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 (the Map Filing Law, as amended) and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be permanently marked with a metal alloy pin capable of being detected by a metal detector.

Off-Street Parking.

Where applicable, the Residential Site Improvement Standards (RSIS), as amended from time to time, shall apply.

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.

A minimum of 10% of any surface parking facility other than single-family homes shall be landscaped and shall include one shade tree for every five parking spaces.

All parking and loading areas abutting mixed-use/residential areas shall be buffered about their periphery with landscaping and/or fencing.

Off-street parking spaces shall be 10 feet wide in retail commercial sites, except in the HCC Highway/Community Commercial District when associated with a shopping center in which event a parking space may be nine feet wide but only if each space is painted with hairpin striping. All other parking spaces shall be at least nine feet wide.

Parking spaces shall be a minimum of 18 feet in length. Parking spaces around the perimeter of a parking lot or parking spaces which face an open space, may be paved 16.5 feet in length provided there is a curb at the end of the parking space and at least 1.5 feet of open space beyond the curb to allow for the overhang of the vehicle. Said area for vehicle overhang shall not overhang the minimum width of a sidewalk nor shall it be planted with anything other than grass or low ground cover in order to assure the space for the vehicle overhang.

Parking for the handicapped shall be provided in number, design and location as required by the Americans with Disabilities Act and New Jersey's Barrier Free Subcode. These wider spaces shall be located in areas conveniently related to major entrances, located so that access does not require wheeling or walking behind parked cars, and be designated as parking for the handicapped.

Size of Aisles. The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.

Parking Angle (degrees)	Aisle Width (feet)
0 (Parallel)	12
30	18
45	18
60	20
90 (perpendicular parking)	24

All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work, service or storage of new or used motor vehicles, materials or merchandise of any kind shall be conducted on such parking area.

Sidewalks in Parking Areas. Sidewalks shall be required between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic occurs. They shall have a minimum of four feet of passable width and shall be raised a maximum of six inches above the parking area, except when crossing streets or driveways. Guardrails and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of two feet is provided to accommodate such overhang.

All landscaping in parking areas shall be carefully located so as not to obstruct sight triangle.

All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the Board Engineer. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six inches to 12 inches below the proposed subgrade and filled with a suitable subbase material as determined by the Board Engineer. Where required by the Board Engineer, a system of porous pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Parking areas, loading areas and driveways, except for single-family residences, shall be curbed and paved. Surfacing shall be approved as part of the plan approval. Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles, parking stalls, and other areas shall be excavated to a depth of at least six inches below the proposed base course and filled with dense graded aggregate or other suitable subbase material as determined by the Board Engineer and then paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, and a minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC), or equivalent. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation.

The driveway of a single-family residence shall be paved.

Off-street parking facilities as accessory to any use permitted in a residential zone shall be provided on the same lot with the permitted principal building.

Off-street parking facilities as required by this article in nonresidential zones shall be provided on the same lot as the principal building or use.

Access to or egress from any property situated in a nonresidential zone through the use of a driveway located on property in a residential zone is prohibited.

There shall be a minimum setback of five feet from the property line to driveways in single-family residential zones. In nonresidential zones, the minimum parking setback shall be 20 feet.

Off-Street Loading.

The minimum number of off-street loading spaces shall be based on the schedule in this chapter. Those uses not listed shall provide sufficient spaces as determined under site plan review.

All loading areas shall be on the same lot as the use which 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, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of 15 feet from such property line.

Warehouse loading spaces shall measure at least 12 feet wide by 60 feet long, with a height clearance of not less than 15 feet. All other loading spaces shall measure at least 12 feet wide by 30 feet long, with a height clearance of not less than 15 feet.

Public Utilities.

All public services shall either be connected to approved public utilities systems where they exist or be installed in locations to enable future connections with contemplated systems and shall be adequate to handle all present and probable future development.

The developer shall arrange with the servicing electric, telephone and cable TV utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners. In the event existing overhead lines are moved, they shall be installed underground.

The developer shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance, or intended full compliance, with the provisions of this section. Subdivisions of three or more lots, or developments resulting in more than 15,000 square feet of new floor area, which developments abut existing overhead electric, telephone, or cable TV distribution supply lines shall have the existing overhead facilities and all service connections from these facilities placed underground.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year-round.

On any lot where, by reason of soil conditions, wooded area or other special condition of land, the developer deems it a hardship to comply with the provisions of this section, the developer may apply to the Board for an exception from the terms of this subsection.

Any installation under this subsection to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, but shall be subject to inspection and certification by the Borough Engineer.

Screening of Exterior Mechanical Equipment.

Electrical and mechanical equipment other than those serving single-family residential development shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof mounted equipment shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.

Ground level utilities in all zones shall be screened so as to be unobtrusive when viewed from the public rights of way and adjacent uses.

Sight Triangles.

Sight triangles shall be required at each quadrant of an intersection of streets and at intersections of streets and driveways.

The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement.

Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 24 inches above the center line grade of either intersecting street or driveway, or lower than eight feet above the same centerlines, excluding street name signs and official traffic regulation signs.

Where any street or driveway intersection involves berms or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

For an intersection which is not controlled by stop signs or traffic signals, the sight triangle is that area bounded by the intersecting street center lines and a straight line which connects sight points located on each of the two intersecting center lines the following distances away from the intersecting center lines:

Arterial streets at 300 feet.

Collector streets at 200 feet.

Primary and secondary local streets and driveways at 90 feet.

Where the intersecting streets are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street.

Where there is a traffic signal, no sight triangles are required.

Where minor streets or driveways are controlled by a stop sign, then the sight triangle shall be established from a point 15 feet back from the edge of pavement of the through street to a point measured to the center of the oncoming traffic lane for a distance equivalent to 10 times the speed limit.

Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances.

10.

The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Board at the time of the application for approval for a new street not included on the Master Plan.

11.

A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Tinton Falls Land Use Ordinance."

12.

Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

Storage and Disposal of Waste - Nonresidential and Multifamily Development.

Outdoor refuse and recycling containers shall be visually screened within a durable enclosure constructed of split-face masonry block or similar durable material. Fencing is not permitted for enclosures.

No refuse and recycling storage areas shall be permitted in the front yard or between the street and front of any building.

No refuse and recycling storage area shall be located so as to prevent natural runoff from such areas or impair the existing water quality of any stream, watercourse or aquifer.

All materials or wastes which might cause fumes, dust, odor or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.

Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.

Refuse and recycling collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Refuse and recycling collection areas shall be located to provide clear and convenient access to refuse collection vehicles.

Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

In those cases where the operation of a commercial use requires cooking, baking, frying, steaming and other methods of exhausting from the premises, as well as air conditioners and refrigeration or other mechanical devices usually located outside of a building on the grounds or roof or otherwise appurtenant to the building, the Reviewing Board shall be assured that the exhaust and other mechanical devices are designed, located, oriented, screened and built of such materials, that surrounding residential and nonresidential uses are not impacted by noise, smoke, odors, fumes or other environmentally disturbing attributes.

Streets.

All developments shall be served by paved streets with an all-weather base and pavement with an adequate crown. 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, conform to the topography as far as practicable and allow for continued extension into adjoining undeveloped tracts.

When a development adjoins land capable of being developed or subdivided further, or where it would be appropriate to have a connection to be part of a street system shown and discussed in the Circulation Plan of the Master Plan, suitable provisions shall be made for optimum access between the development and the adjoining tract and/or to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect local streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots may be required to use abutting driveways with one curb cut.

Rights-of-Way.

Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be at the same width as the existing street unless a greater width may be required in accordance with RSIS standards. Where minor or major collector streets intersect another minor or major collector street, the right-of-way and cartway shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center lines. RSIS standards shall apply to all right-of-way and cartway widths.

Residential Access and Neighborhood Streets and Reduced Pavement Widths. Before allowing reduced widths for residential access and neighborhood streets, expanded off-street parking shall be required. RSIS standards shall apply to all right-of-way and cartway widths.

The reduced pavement widths referenced above are limited to streets with no curbside parking in conjunction with additional off-street parking by either off-street parking lots in townhouse, apartment and other multi-family developments, or by detached single family developments, where each home has at least a two car garage with an apron at least 25 feet long approaching the garage doors, plus an area off either one side or the end of the driveway measuring at least 18 feet by 18 feet. In multifamily housing developments, at least 0.5 space per unit shall be provided as unassigned, common parking area located convenient to groups of units throughout the development.

Because a no-parking ordinance will be required for streets proposed for a no-parking design, streets intended for no parking in a public right-of-way will receive conditional preliminary plat approval subject to approval of the no parking ordinance by the Governing Body prior to final approval.

No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Governing Body.

In the event that a development adjoins or includes existing streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this Chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by either dedicating the additional width or creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Borough, County or State for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located in street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Borough of Tinton Falls (or County or State) to enter upon these lands for the purposes provided for and expressed in the Land Use Ordinance of the Borough of Tinton Falls." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this dedicated area or as shown on the plat or as provided for by any maintenance or performance guaranties. If the subdivision is along only one side of a street, 1/2 the required extra width shall be anticipated.

Longitudinal grades on all local streets shall not exceed 10%, and on arterial and collector streets shall not exceed 4%. The minimum longitudinal gradient shall be 0.5%. Maximum gradients of any street within 100 feet of an intersection shall be 4%.

Reserved.

10.

Intersecting street center lines shall be as nearly at right angles as possible and in no case shall they be less than 75° at the point of intersection.

11.

Curblines shall be equal distances from and parallel to the center line.

12.

Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve.

13.

No more than two street center lines shall meet or intersect at any one point.

14.

Collector and arterial streets intersecting another street from opposite sides shall be either directly opposite each other without offset or have an offset distance between center lines of at least 250 feet.

15.

Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street intersection every 800 feet on the same side of the street.

16.

In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development.

17.

Intersections shall be rounded at the curbline, with the street having the following highest radius requirement determining the minimum standard for all curblines:

Arterial at 35 feet.

Collector at 25 feet.

Local streets at 20 feet.

18.

When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the curbline shall be 160 feet for a local street, 300 feet for a collector street and 550 feet for an arterial street.

19.

All changes in center-line gradient where the algebraic difference (A) exceeds 1% shall be connected by a vertical curve having a length equal to 30(A) for minor roadways and 50(A) for collector and arterial roadways. Intersections shall be designed with the least practical gradient with the advice of the Borough Engineer.

20.

Cul-de-sacs and Dead-end Streets.

Permanent dead-end streets (cul-de-sacs) shall be avoided wherever practical. The intent is to maximize interconnecting local streets for more efficient and economical public services and to more reasonable assure alternated means of access for emergency vehicles.

Dead-end streets (cul-de-sacs) of a permanent nature, where they might be approved as an exception, shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a curbline radius of not less than 40 feet. The center point for the radius shall be either on the center line of the associated street or, if offset, be offset to a point where the curbline radius is tangent to one of the curblines of the associated street.

If a dead-end street is of a temporary nature and a turnaround is required, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended. The reversion of the right-of-way to the abutting lot shall be a condition established in the deed to the lot which will receive the excess right-of-way.

A permanent cul-de-sac, where it may be approved, shall serve no more than 20 single family lots or 60 townhouse or apartment units.

21.

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets shall be a determination of, and be approved by, the Borough.

22.

Streets shall be constructed in accordance with the standard specifications of the New Jersey Department of Transportation.

Pavement thicknesses shall be not less than the following:

(1)

Arterial and collector streets: bituminous stabilized base course, six inches compacted thickness; FABC, surface course, two inches compacted thickness.

(2)

Local streets: bituminous stabilized base course four inches compacted thickness; FABC, surface course, two inches compacted thickness.

All streets shall be excavated to a depth of six inches below the proposed base course and filled with a dense graded aggregate or other suitable subbase material as determined by the Board Engineer. Where required by the Engineer, a system of porous pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.

23.

Applicants for development of retail and multi-family areas where the general public travels private roads, aisles, and driveways shall consent in writing to the Borough Council to the enforcement of New Jersey Statutes Title 39, Motor Vehicles and Traffic Regulation, on the property which is the subject of the application.

Street Lighting.

Street lighting shall be provided by the developer at street intersections, designated street curves, and other areas determined by the Board to be necessary for vehicular and/or pedestrian safety with the advice of the Borough Police Department's Traffic Safety Officer. Consideration shall be given to driver visibility and sight distance when exiting driveways and entering street intersections.

Electrical service for streetlights shall be by underground and streetlights installed as part of development applications shall be at the sole expense of the developer.

Numbers, locations and types of street lighting standards and luminaries shall be determined by the Board upon the advice of the Board Engineer and the Tinton Falls Department of Public Safety.

The developer shall arrange for the provisions of street lighting, at his expense, under the requirements for "contribution fixtures," pursuant to tariffs for Jersey Central Power and Light Company, as adopted by the New Jersey Board of Public Utilities Commission (BPU) No. 6, Part III, dated August 14, 1987, as may be amended.

Upon notification in writing by the developer to the Board and Borough Council of the Borough of Tinton Falls that the street lighting on a dedicated public street has been installed and accepted for service by the public utility, and (2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by the section of development, the Borough shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the responsibility of, the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the Borough with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the Borough.

Street Light and/or Outdoor Lighting Contribution Program. Lights for illuminating streets, parking areas, driveways, walkways and other areas shall be of a type approved by the municipal agency empowered to grant site plan or subdivision approval and the electric utility company. The developer shall pay to the utility or to a Borough reserve fund an amount equal to the per street lighting unit installation charge, and the capital contribution cost for same pursuant to the capital contribution program provided by the Jersey Central Power & Light Company, or such other utility provider, for each street lighting unit or outdoor lighting unit required to be installed or upgraded by the developer either on or off-site along a street, parking area, walkway or other area dedicated or to be dedicated to the Borough or County, pursuant to the approval of the Zoning Board of Adjustment or the Planning Board, as the case may be. The amount of the required payment shall be included in the developer's agreement and shall be paid upon commencement of construction activity by the developer.

Operating Costs. Prior to the acceptance of such street lights by the Borough, the developer shall evidence payment of the street light and outdoor lighting operating costs owed to Jersey Central Power & Light Company or other appropriate utility.

§ 40-27 PERFORMANCE STANDARDS.

General Applications.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.

The regulations contained in this section shall not apply to single-family dwellings.

Regulation of Nuisance Elements.

The determination of the existence of nuisance elements shall be made to the following locations:

Nuisance Characteristic	Location of Test
Smoke	Vent or smokestack
Air pollution including solid particles or fly ash	Vent or smokestack
Odors	Property line
Liquid waste	Property line
Solid waste	Property line
Noise	Property line
Vibration	Building wall
Glare	Property line
Trespass Lighting	Property line
Temperature change: Gas, Liquid or solid	Vent or smokestack

Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

Standards to be Enforced.

Air Pollution.

General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.

Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provide, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.

No open burning shall be permitted in any district unless approved by the Fire Marshal.

Wastes.

Liquid Wastes. No liquid waste shall be discharged into any watercourse in the Borough without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Borough official shall have first investigated the character and volume of such wastes and shall have certified that the Borough will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.

Solid Waste. Each property owner shall be responsible for:

(1)

Adequate and regular collection and removal of all refuse, except where the Borough assumes such responsibility.

(2)

Compliance with all applicable provisions of the NJDEP.

(3)

Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.

(4)

No accumulation on the property of any junk or other objectionable materials except in designated trash receptacles.

Noise. All applications shall comply with the provisions of N.J.A.C. 7:29.

Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.

Glare. No single standard for glare is promulgated in this Chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as glazing, roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

Trespass Lighting. All applications shall comply with the provisions of this Article.

Temperature Change. Any use or process shall not, produce a temperature change greater than three 3° C. at the measuring location.

Fire and Explosive Hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:

Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.

Approval from the Borough of Tinton Falls Fire Department that the applicant has complied with all applicable Borough fire prevention regulations.