The following design and improvement standards shall guide the Planning Board and Zoning Board of Adjustment in granting or denying applications for development, or in imposing conditions on approvals of developments, and shall govern the requirements for and the installation of all improvements, whether on-tract or off-tract. If any requirements in this article conflict with the requirements of any other article of this chapter, the requirements set forth herein shall control.
A. 
General. All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the Planning Board and Borough Engineer and with all other applicable municipal, county, state and federal regulations. Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards. The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance. Prior to the initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the Planning Board and Borough Engineer.
B. 
Standard specifications and construction details. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision), as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Planning Board, Borough Council and subdivider or by other applicable municipal, county, state or federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are made a part of this chapter by reference and will not be herein repeated. It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirements of this chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county, state or federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the Borough adopt, subsequent to the effective data of the chapter, particular and specific standard construction details for the Borough of Eatontown, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.
A. 
Objectives. All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the Borough. Where either or both an Official Map or Master Plan have been adopted, the site plan shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plans. Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the site plan and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.
B. 
Responsibility for design. Within the criteria established by and subject to the review and approval of the Planning Board, all design of a site plan or subdivision is the responsibility of the developer and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches, or any other activity necessary to the completion of the design. The standards set forth in this chapter shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein. The responsibility of the Planning Board shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this chapter and the Borough Master Plan. The Planning Board may employ professionals in various disciplines to advise and assist it in its determinations. Any decisions of the Planning Board regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this chapter shall be deemed conclusive.
C. 
Design data. To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data. Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the Planning Board and its employees and professional consultants, for the purpose of reviewing the proposed design. Should the Planning Board determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary. Until the applicant supplies such information, no submission under the provisions of this chapter shall be deemed complete. Nothing contained herein shall be interpreted to prevent the Planning Board from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.
D. 
Design standards. When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Borough Engineer prior to beginning his detailed design, for review and approval of his proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area. Design standards may not be utilized if they do not have the approval of the Borough Engineer.
E. 
Waiver of requirements. It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein. The Planning Board may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit. Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.
[Added 4-5-2006 by Ord. No. 17-2006]
In order to preserve and assure the harmonious relationship of residential units to the comprehensive neighborhood pattern, and to prevent undue similarity of design, which may lead to undue impairment of the stability and value of residential units and produce neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants thereof, and the Borough at large, no major subdivision shall be approved until the planned construction (including front, side and rear elevations) of the residential units has been reviewed and approved by the Planning Board in accordance with the standards enumerated below, or unless a waiver of these requirements has been granted by the Planning Board as provided for elsewhere in this chapter.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RESIDENTIAL UNIT
With regards to single-family dwellings shall be defined as the dwelling unit. In regards to co-ops, condominiums and townhouses it shall be defined as building unit rather than individual ownership units.
B. 
The residential unit shall be of such character, quality or architectural design and construction materials as will assure:
(1) 
That the proposed structure will be in keeping with the general character of the area in which is located.
(2) 
That the proposed structure will have a harmonious relationship to the surrounding residential units within 500 feet thereof.
(3) 
That the proposed structure will have a harmonious relationship to the comprehensive community plan.
(4) 
That the proposed structure is not likely to produce any of the harmful effects which lead to neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety and general welfare of the Borough at large.
C. 
The front facade for each residential unit shall be substantially different from the front facade of any existing or planned residential unit within three lots in either direction on the same side of the street from any portion of the above described lots; in the case of corner lots, the side and rear elevations of any existing or planned residential unit or any other corner lot at the same street intersection. To be deemed substantially different, the facade or side and rear elevation thereof, as the case may be, must be different in at least three of the following five respects:
(1) 
The relative location of the garage, if attached, or portion, if any, or any other such structural appurtenance with respect to the residential unit itself.
(2) 
The relative location or type of windows and doors.
(3) 
The type or pitch of the roof.
(4) 
The type or color of the siding material.
(5) 
The type of roofing material, or the color thereof, or the pattern.
A. 
All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the Borough Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Borough Engineer.
B. 
Material which the Borough Engineer judges unsuitable for use in area of pavement may be used for grading outside the roadway right-of-way or in building areas with the permission of the Borough Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.
(1) 
All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.
(2) 
All rough grading must be completed prior to the construction of pavement subgrade. All curb must be installed and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.
C. 
To preserve the integrity of pavements, embankments and excavations for paved areas shall be provided with slopes no steeper than one foot vertical rise for every three feet of horizontal distance.
D. 
Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Planning Board. In areas where excavations or embankments would extend significantly beyond road rights-of way, thereby causing disruption to the natural environment of the site, the Planning Board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Planning Board and the Borough Clerk. All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.
E. 
Top of slopes in excavations and the toe of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided, the exterior line of the shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize damage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.
(1) 
Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.
(2) 
Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below finished grade.
(3) 
The minimum slope for lawns shall be 3/4 of 1%, and for smooth, hard-finished surfaces, other than roadways, 4/10 of 1%.
(4) 
Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the back of the retaining wall. Should the Borough adopt, subsequently to this chapter, standard details for such construction the same shall govern.
(5) 
The developer shall take all necessary precautions to prevent any siltation of streams during construction. The developer shall provide adequate provisions in accordance with Chapter 251, P.L. 1975, as amended or supplemented, to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and division berms throughout the course of construction.
Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:
A. 
Cluster development open space requirements. Open space areas within cluster subdivisions shall be subject to all provisions of this section and the following specific requirements:
(1) 
A minimum of 20% of the tract of land proposed for development shall not be included in building lots or streets and shall be set aside for open space. If the subdivision is to be developed in sections, it shall be designed in a manner that at any stage of development at least 20% of the land area of the sections approved is set aside for open space.
(2) 
Each open space area shall contain a minimum of two contiguous acres.
(3) 
Open space areas shall not be less than 50 feet in width at any location, except where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.
(4) 
Where possible, all of the following land areas and features shall be preserved as open space:
(a) 
Floodway, flood hazard areas, drainage and conservation easements, as defined in the Eatontown Master Drainage Plan.
(b) 
Areas containing a significant number of specimen trees.
(c) 
Land and slopes in excess of 10%.
(d) 
Existing watercourses, ponds, bogs and swamps.
(e) 
Land with a seasonal high-water table of less than two feet. Berryland and Atsion soils usually have a seasonal high-water table of less than two feet.
B. 
Site preparation. Within open space areas, the Planning Board may require a developer to make certain site preparation improvements, which may include, but are not limited to, the following:
(1) 
Removal of dead or diseased trees.
(2) 
Thinning of trees or other growth to encourage more desirable growth.
(3) 
Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.
(4) 
Grading and seeding.
C. 
Reservation of public areas.
(1) 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
(2) 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
D. 
Recreation areas. Where it is considered appropriate by the Planning Board, portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include, but are not limited to, swimming pools, tennis courts and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the Planning Board based on, but not limited to, the following standards:
(1) 
The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
(2) 
The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
(3) 
The Board shall consider the recreational areas in terms of their effect upon the ordinances of the Borough of Eatontown governing tree removal, soil disturbance and other environmental factors.
(4) 
The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
(5) 
The Board shall request and consider recommendations from the Borough Recreation Department and other appropriate officials.
(6) 
The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
(7) 
The Board shall consider the sequence of development.
(8) 
The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
E. 
Open space ownership.
(1) 
The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the Planning Board and may include, but is not necessarily limited to, the following:
(a) 
The Borough of Eatontown (subject to acceptance by the Borough).
(b) 
Other public jurisdictions or agencies (subject to their acceptance).
(c) 
Quasi-public organizations (subject to their acceptance).
(d) 
Homeowners' or condominium associations or organizations.
(e) 
Shared, undivided interest by all property owners in the subdivision.
(2) 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board, which insure that:
(a) 
The open space area will not be further subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
F. 
Maintenance of common open space.
(1) 
The Borough or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Planning Board shall not require, as a condition of approval, that land proposed to be set aside for common open space is dedicated or made available to public use.
(2) 
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the Borough or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough.
(3) 
Failure to maintain.
(a) 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Administrative Officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
(b) 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Administrative Officer shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Administrative Officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Administrative Officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Administrative Officer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, or shall cease to maintain said open space in a reasonable condition, the Borough may, in its discretion continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Administrative Officer in any such case shall constitute a final administrative decision subject to judicial review.
(4) 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
A. 
All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the 28 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
3,500
Class C
3,000
Class D
2,500
B. 
Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.
A. 
General requirements. Curb and/or combination curb and gutter shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb and/or gutter shall be constructed only on the development side. Curbs and combination curbs and gutters shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts Portland cement concrete pavement, joints in the curb shall be placed to match the paving joints and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When concrete curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints in the curb. Curb and combination curb and gutter cross sections shall be as shown in Exhibits 5.1 and 6. The requirements of the Standard Specifications regarding curbing precautions must be strictly observed.
EXHIBIT 5.1
CONCRETE CURB
NOT TO SCALE
EXHIBIT 6
COMBINATION CURB AND GUTTER
NOT TO SCALE
B. 
Use of combination curb and gutter. Use of combination curb and gutter will be allowed in all areas and required in those areas having a bituminous pavement with a profile grade greater than 5% with the following exception:
(1) 
Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.
(2) 
Where 50% or more of the curb length of any street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.
(3) 
Where 50% or more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with combination curb and gutter.
C. 
Timing of curb construction. In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having Portland cement concrete pavement, the curb shall be constructed after the construction and curing of the Portland cement concrete pavement.
D. 
Alternate curb types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plat. Continuous slip-formed curb or combination curb and gutter may be permitted if such is considered to be acceptable by the Borough Engineer. The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. In the event the Borough Engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this chapter or such other alternate as may be approved by the Planning Board.
A. 
Drainage easements.
(1) 
If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, detention basin, retention basin, stream or swale, the Planning Board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Engineer for consideration by the Planning Board. The Planning Board, after consulting its Engineer and other appropriate agencies, shall either require that the structure be removed in part or in its entirety, or recommend such other action to the governing body as it deems appropriate.
(2) 
All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
(3) 
The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 50 feet in each direction from the center line of the watercourse, whichever is the greatest; except, however, that if the location of such watercourse is at or near the boundary of the site, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development. Said easement and right-of-way shall include provisions assuring the following:
(a) 
Preservation of the channel of the watercourse.
(b) 
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
(c) 
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
(d) 
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.
B. 
Conservation easement.
(1) 
Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, bogs and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet but not more than 100 feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
(2) 
The easement shall be indicated on the plan and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect property lines.
C. 
Sight triangle easements. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public of a right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by the right-of-way line and a straight line connecting points on the right-of-way lines which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
(1) 
Where a local, local collector or minor collector street intersects another local, local collector or minor collector: 50 feet on each right-of-way line.
(2) 
Where a local, local collector or minor collector street intersects a major collector street: 50 feet on the local, local collector or minor collector and 150 feet on the major collector.
(3) 
Where a local, local collector, minor collector or major collector street intersects minor arterial or principal arterial highway: 50 feet on the local street, local collector or minor collector, 150 feet on the major collector and 250 feet on the minor arterial or principal arterial highway.
(4) 
Where a minor arterial or principal arterial highway intersects a minor arterial or principal arterial highway: 250 feet on each right-of-way line.
(5) 
Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Monmouth the sight triangle easements required by the state or the County of Monmouth may be substituted in lieu of the requirements above.
D. 
Utility and shade tree easement.
[Amended by Ord. No. 7-98]
(1) 
There shall be provided, where possible and practical, a utility easement with a minimum width of six feet in the following locations:
(a) 
Adjacent and parallel to both sides of each new street in a subdivision.
(b) 
Adjacent and parallel to existing streets bordering the proposed development.
(c) 
At such other locations and/or at greater widths as may be required by the Planning Board.
(2) 
Such utility easements will be utilized for the construction and maintenance of drainage; utilities and for such other municipal or public utility purposes as required. Such easements shall be considered part of the lots they traverse for the purpose of determining lot depths, setbacks, frontages and areas.
(3) 
There shall be provided, where possible and practical, a shade tree easement with a minimum width of eight feet in the following locations:
(a) 
Adjacent, parallel and inside the utility easement described in Subsection D(1) of this section.
(b) 
At such other locations and/or at greater or lesser width as may be required by the Planning Board.
(4) 
In cases where a proposed development provides for the extension of an existing street, or abuts an existing street, where utilities have already been installed in a location other than specified above, the Planning Board may approve alternate utility easement locations in order to provide for the continuation of existing construction.
A. 
Fences hereafter erected, altered or reconstructed as part of requirements for any development in the Borough shall be open fences not to exceed 48 inches in height above ground level when located in a front yard area, or fences not exceeding six feet in height above ground level when located in any side or rear yard area, except as follows:
(1) 
In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
(2) 
On park, recreation or school properties, open wire fences not exceeding eight feet may be erected, except that fences enclosing outdoor tennis courts, baseball backstops and other fences normally provided with recreation facilities may be open wire fences not exceeding 12 feet in height.
(3) 
Fences specifically required by other provisions of this chapter and other municipal and state regulations.
B. 
All fences must be erected within the property lines and no fence shall be erected so as to encroach upon a public right-of-way.
A. 
A certificate of occupancy shall not be issued for any residential structure located in an area serviced by a public or private water company unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant, which has been tested and approved by the Bureau of Fire Prevention, as measured down to the center line of connecting public streets, is 400 feet or less.
B. 
Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plan in accordance with the requirements herein contained as to location of and distances between fire hydrants.
C. 
Fire hydrants shall not be placed at the closed end of a turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.
D. 
The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this article but rather the proper installation of fire hydrants shall be a condition of the issuance of certificates of occupancy.
E. 
Flow capacity classifications.
(1) 
All fire hydrants shall be classified as follows:
(a) 
Class A: flow capacity greater than 1,000 gallons per minute.
(b) 
Class B: flow capacity of 500 gallons per minute.
(c) 
Class C: flow capacity of less than 500 gallons per minute.
(2) 
Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressure.
F. 
All fire hydrants shall be painted in accordance with the following schedule:
(1) 
The tops and nozzle caps shall be painted the color indicated for each of the following classes:
Class of Hydrant
Color
A
Green
B
Orange
C
Red
G. 
All fire hydrant barrels will be painted with white fluorescent paint.
H. 
All fire hydrants installed in the municipality shall have no less than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch pumper nozzle. All threads are to be National Standard fire hose threads.
I. 
Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor.
J. 
Fire stations. The location of the fire stations and fire lanes shall be designated by the Bureau of Fire Prevention. Fire hydrants of a type designated by the Bureau of Fire Prevention shall be located at each fire station.
Guardrails, pipe railing or other appropriate barricades, as required by the Planning Board, shall be designed and placed at drainage structures, streams, embankment limits, curbs and other required locations. Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.
A. 
Lot size. Minimum lot size and dimensions shall be governed by the requirements of the respective zoning districts as set forth in the Eatontown Zoning Ordinance (Article VII of this chapter), except that:
(1) 
When either on-site sewage disposal or water supply, or both, are proposed, the minimum lot size shall not be less than 30,000 square feet. However, the Board of Health or Eatontown Sewerage Authority may require a larger lot size if it deems such increased lot size is necessary for such purposes.
(2) 
The Planning Board may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade which in the opinion of the Board would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.
(3) 
The Planning Board may require larger lots adjacent to major collector, minor arterial or principal arterial street where, in the opinion of the Board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.
B. 
Lot and block numbers.
(1) 
In accordance with the Tax Map specifications of the State of New Jersey dated May 1975, prepared by the State of New Jersey Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript. The use of letter designations should particularly be avoided.
(2) 
Prior to final plat approval by the Planning Board, two copies of the map shall be submitted to the Borough Tax Assessor for proper assignment of lot and block numbers. One copy of said map shall be returned with the new lot and block numbers shown. The other copy will be retained for Tax Map purposes.
C. 
House numbers. House numbers shall be assigned each lot by the Postmaster prior to final plat approval by the Planning Board.
D. 
Area and side lot lines. Except as otherwise provided in this chapter lot dimensions and area shall not be less than the requirements of the zoning district. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
E. 
Lot frontage. Each lot shall front on an approved street accepted or to be accepted by the Borough.
F. 
Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by the Zoning Ordinance.
G. 
Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, rock formation, flood conditions or similar circumstances, the Planning Board may require such revisions in a layout of the subdivision as will accomplish one of the following:
(1) 
That the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.
(2) 
That it is included in an area to be deeded to the Borough or other public or quasi-public body and will be held in its natural state for conservation and/or recreation purposes.
(3) 
That some other suitable arrangement is made.
H. 
Driveways. All structures must be accessible by means of a paved driveway. The paved driveway must be not less than 10 feet wide for single-family residential and not less than 18 feet wide for one-way or 24 feet wide for a two-way access to any nonresidential development and must have a center-line grade of not less than 0.5% and not greater than 10%. For all non-single-family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.
Monuments shall be of a size and shape required by Section 4, Chapter 358, of the Laws of 1953 and shall be placed in accordance with said statute. In addition to the required monuments, after the grading is finished, the developer shall install a steel stake one inch in diameter and 30 inches in length on lot corners, lot line angle points, or other changes in direction not marked by monuments and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.
A. 
General requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities including service connection (terminating at least two feet behind sidewalk) to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.
B. 
Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a Portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any development.
C. 
Pavement structure design.
(1) 
The pavement structure design for each particular site utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Borough Engineer.
(2) 
As minimum requirements, rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 1/2 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets; having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, and a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense graded aggregate base course to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1; a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a 1:3 ratio (stabilized base to aggregate base) all in accordance with the applicable requirements of the Standard Specifications.
D. 
Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation, or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Borough Engineer.
E. 
Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase course or aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.
F. 
Bituminous base courses.
(1) 
Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.
(2) 
Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.
G. 
Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Borough Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Borough Engineer. If the Borough Engineer directs, a leveling course of FA-BC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Borough Engineer.
H. 
Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A Expansion Joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such an alternate detail must be recommended by the Borough Engineer and approved by the Planning Board. Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of Portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.
I. 
Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Borough Engineer has inspected the installation of, and tested and approved a suitable sample section of such pavement. In the event the Borough Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.
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 said equipment; or
(3) 
A masonry wall at least five feet in height on four sides of said equipment; or
(4) 
Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles; or
(5) 
Any similar type 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.
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 Eatontown Sewerage Authority.
B. 
Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Eatontown Sewerage Authority and filed with the Planning Board, or the final approval will be conditioned upon full approval of the Eatontown Sewerage Authority.
C. 
In the event the Eatontown Sewerage Authority determines that the lots in any major subdivision cannot be served at the time of application by a public sewage disposal system, septic systems may be installed, provided that:
(1) 
The requirements of state statute, including the New Jersey Realty Improvements Act,[1] are met.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(2) 
They are installed in accordance with the regulations of the local and regional Board of Health.
(3) 
The minimum lot size shall not be less than 30,000 square feet. However, the Board of Health may require a larger lot size if it deems such increased lot size is necessary for such purposes. (The Planning Board shall abide by the decisions of the Board of Health in this matter.)
(4) 
If any existing land drainage structures, such as french drains, are encountered during the course of construction of any site, no septic system or any part thereof shall be installed on any lot within 400 feet thereof without the prior approval of the Monmouth County Board of Health. Such approval shall only be granted if new percolation tests, taken at least two months after such drainage structures are removed, show that satisfactory soil conditions exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of the Borough residents or cause pollution of any of its waters.
[Amended 10-14-2020 by Ord. No. 15-2020]
(5) 
The developer conforms to all conditions set forth in the report of the Eatontown Sewerage Authority which originally provided that public sewage was not available.
A. 
General requirements.
(1) 
Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, parking lots, etc., as shown on or required at the approval of the subdivision or site plan.
(2) 
The requirements of the Standard Specifications regarding curing precautions must be strictly observed.
(3) 
Construction of sidewalks may be waived by the Planning Board or Zoning Board of Adjustment. When sidewalk construction is waived, an in-lieu contribution to the Borough's special trust account for sidewalk construction is required. The Board shall make one or more of the following findings when waiving sidewalk installation:
[Added 7-9-2020 by Ord. No. 08-2020]
(a) 
The installation of sidewalks along the frontage of the property involved would have a detrimental impact and be out of character with the area in question.
(b) 
The street upon which the sidewalks would be installed does not provide direct pedestrian access to a public facility such as a school, an actively used park or a public transportation facility.
(c) 
The road upon which the property fronts is unimproved.
(d) 
The application will result in no new construction or the construction of an accessory building(s) only.
(4) 
When contributions to the trust account for sidewalk construction are required, the fee shall be paid prior to the release of signed plans, and shall be based upon the fee schedule in § 89-104.
[Added 7-9-2020 by Ord. No. 08-2020]
(5) 
Exception. The Board may waive entirely the in-lieu contribution when it finds that the development which will result from the application is so minor in scope that its impact on the community, relative to existing conditions, will be insignificant.
[Added 7-9-2020 by Ord. No. 08-2020]
B. 
Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalk not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed site provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.
C. 
Sidewalk construction. Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight feet). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk. The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or 1/3 points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer.
D. 
Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses and shall be reinforced with welded wire fabric (66-1212), or an equivalent approved by the Borough Engineer, located at the midpoint or 1/3 points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.
E. 
Driveway depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of a driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.
F. 
Alternate sidewalk or apron types and/or locations.
(1) 
In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.
(2) 
Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Borough Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use; and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event the Borough Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the Planning Board.
G. 
Curb ramps for the physically handicapped.
(1) 
Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. In general, two curb ramps shall be constructed at each corner (see Exhibit 7[1]). A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two-ramp system (see Exhibit 8[2]).
[1]
Editor's Note: Exhibit 7 is included at the end of this chapter.
[2]
Editor's Note: Exhibit 8 is included at the end of this chapter.
(2) 
Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Exhibit Nos. 7 and 8. If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four corners of full intersections and at the two corners plus a location across the street from both of the ramps at "T" intersections.
(3) 
The developer shall submit a detailed intersection grading plan for approval of the Borough Engineer prior to installation of the curbs, sidewalks and curb ramps at the intersection.
(4) 
Curb ramps shall be constructed with a rough broom finish in accordance with New Jersey Department of Transportation specifications and shall be flush with the street pavement at the gutter line.
Solid wastes from all uses other than single- or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area subject to the following minimum standards:
A. 
The screened refuse area shall not be located within any front yard area.
B. 
The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any ordinance of the Borough of Eatontown regulating the height of fences and requiring permits therefor.
C. 
A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Planning Board approval.
D. 
The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.
E. 
If located within or adjacent to a parking area or access drive, the enclosed refuse areas shall be separated from such parking area or access drive by curbing.
F. 
The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.
G. 
All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.
H. 
If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Planning Board may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.
A. 
General requirements.
(1) 
All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.
(2) 
All developments or portions or total schemes of development will be expected, to restrict the total stormwater runoff from the site after development to not more than that which existed prior to its developed state. The utilization of the provisions of this section to limit such runoff are encouraged. The Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural or existing provisions are not feasible. The Board may waive the provisions of the section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff limiting devices inadvisable or impractical.
B. 
Storm drain pipe. All storm drain pipes shall be either slip joint type reinforced concrete with "O" ring joints, bell and spigot with "O" ring joints, or subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades where other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding 10%. All concrete pipe shall have the joints moistened in accordance with the specifications. Concrete storm drain pipes will be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring type or other equivalent approved joint. All corrugated metal pipe shall be fully bituminous coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength. Substitution on an equivalent gauge basis will not be allowed. All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory curved or mitered pipe may be allowed by the Borough Engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
C. 
Underdrains. Underdrains shall be installed where the character and composition of the earth in the road bed itself or adjacent terrain renders such installation necessary. These under-drains shall consist of vitrified tile, perforated metal pipe of porous wall concrete pipe, to be of a minimum diameter of six inches and to be laid in the bottom of a trench at such depth and width as shall be necessary in view of the conditions involved. The trench shall then be filled with clean washing gravel or broken stone or other equivalent porous material approved by the Borough Engineer. The stone shall be covered with a layer of salt hay minimum of one inch thick and the remainder of the trench filled with suitable earth properly compacted.
D. 
Inlets and manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.
E. 
Headwalls. All pipe terminations shall be provided with poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plat. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.
F. 
Inlet and manhole location.
(1) 
In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 600 feet.
(2) 
Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
(3) 
In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:
(a) 
Gutter flow widths on local and local collector streets shall not exceed 11 feet, or such narrower width as may be necessary to provide a twelve-foot-wide clear lane in the center of the roadway.
(b) 
Gutter flow widths on minor collector streets shall not exceed nine feet, or such narrower width as may be necessary to provide two twelve-foot-wide clear lanes in the center of the roadway.
(c) 
Gutter flow widths on major collector streets without shoulders shall not exceed five feet, or such narrower width as may be necessary to provide four ten-foot clear lanes in the center of the roadway.
(d) 
Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.
(e) 
Swale gutter flow widths in parking areas shall not exceed 12 feet.
(f) 
Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in § 89-64A.
(4) 
Maximum design capacities which may be used to determine actual inlet location and spacing are:
Not in Sump Conditions
Type B
4 cubic feet per second
Type E (in paved areas)
4 cubic feet per second
Type E (in yard areas)
1.5 cubic feet per second
In Sump Conditions
To be individually designed
(5) 
Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.
(6) 
Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections
(7) 
Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with § 89-76I(1) and shall meet the criteria set forth in § 89-76I(11).
G. 
Type of inlets and manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B and all yard inlets shall be Standard Type E; all manholes shall be New Jersey Department of Transportation standard four-foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.
H. 
Open channels.
(1) 
Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Borough Engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus 25 feet rounded to the next highest five-foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five feet. Excess velocity, if any, as determined by the Borough Engineer, in open channels, must be controlled by sod, rip-rap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or rip-rapped.
(2) 
Generally, unlined open channel cross sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 8:1 for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than 2:1.
(3) 
The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.
(4) 
All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.
(5) 
All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, rip-rap, lining, 1/3 pipe sections or other arrangements approved as part of the final plat submission.
I. 
Minimum basis for calculations.
(1) 
Design storm frequency:
(a) 
For closed conduits, five years; or if the above results in a conduit size at least equivalent to a twenty-one-inch reinforced concrete pipe, then 10 years; or if the above results in a conduit size at least equivalent to a thirty-inch reinforced concrete pipe, then 25 years; or if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced concrete pipe, then 50 years.
(b) 
For open channels, 10 years; or if the tributary area exceeds 50 acres, then 25 years; or if the tributary area exceeds 250 acres, then 50 years. The flooding limits for storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.
(c) 
For detention facilities, a twenty-four-hour flood with a return period not less than 50 years or, if the tributary area exceeds 50 acres, then 100 years.
(d) 
For gutter flow calculations, 10 years for local, local collector and minor collector streets, 25 years for major collectors and minor arterials and 50 years for principal arterials.
(2) 
Runoff calculations. Runoff determinations should be made using the Rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:
Classification
Fully Developed
Range of Coefficient
Public parks, open space and land conservation
0.15
0.30
Low-density residential (Zone R20, R32)
0.30
0.45
Medium-density residential (Zone R10)
0.40
0.60
High-density residential (R10A & R10B)
0.55
0.70
Commercial and industrial
0.60
0.90
Pavements, roadways, shoulders
1.00
(3) 
Velocity restriction.
(a) 
In general, velocities in closed conduits at design flow should be at least two feet per second, but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 1/2 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the Planning Board at the time of drainage review.
(b) 
At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include rip-rapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.
(4) 
Design formulas and friction factors. In general, the Manning formula will be used by the Planning Board to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Board. A friction factor (n) of 0.012 will be used for nonporous concrete pipe; a factor of 0.02 will be used for fully coated corrugated metal pipe with paved invert. Commensurate factors will be used for other pipe type or shapes. A friction factor (n) not less than 0.012 will be used for good earth channels and a factor not less than 0.100 will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.
(5) 
All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile must have the approval of the New Jersey Division of Water Policy and Supply.
(6) 
All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The state may retain jurisdiction in which case a permit will be necessary as set forth above or may refer the matter to the County Engineer for review.
(7) 
All non-pipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
(8) 
Guardrail and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Planning Board may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally and either the total depth of the channel exceeds four feet, or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Planning Board at approximately two-hundred-foot intervals.
(9) 
Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto, but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as a running stream, lagoon or an existing adequate storm sewer.
(10) 
The use of siltation and oil separation basins with controlled overflows will be required to prevent pollution of waterways when discharge is into a lagoon, lake, or other standing body of water.
(11) 
Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least one-hundred-year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading and drainage, shall anticipate such major storm and be so arranged so as to prevent damage to existing or proposed structures or adjacent properties under such conditions.
J. 
Special drainage provisions.
(1) 
The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
(2) 
Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:
(a) 
The utilization of the natural drainage system to the fullest extent possible.
(b) 
The maintenance of the natural drainage system as much as possible in its unimproved state.
(c) 
When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.
(d) 
The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.
(e) 
Maintenance of the base flow in streams, reservoirs and ponds.
(f) 
The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.
K. 
Detention/retention facilities design.
[Amended by Ord. No. 03-2002]
(1) 
Detention and all other stormwater management facilities shall conform to the standards under the New Jersey Stormwater Management Act.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-93 et seq.
(2) 
Detention facilities shall be located as far horizontally from surface water and as far vertically from groundwater as is practicable.
(3) 
Detention facilities shall not intercept the postdevelopment groundwater table, where practicable.
L. 
Detention and retention basins.
[Amended by Ord. No. 03-2002]
(1) 
The minimum top widths for all basin embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.
Height
(feet)
Top Width
(feet)
0-15
10
15-20
12
20-35
14
(2) 
The design top elevation of all embankments after all settlement has taken place shall be equal to or greater than the maximum water surface elevation in the basin resulting from the routed five-hundred-year storm Freeboard Hydrograph. Therefore, the design height of the embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to insure that the design top elevation will be maintained by following all settlement. This increase shall not be less than 5%. Where necessary, the Engineer shall require consolidation tests of the undisturbed foundation soil to more accurately determine the necessary increase.
(3) 
All basins shall be designed with perimeter embankments or excavated slopes. The maximum slopes for all side slopes and embankments are three horizontal to one vertical. One section shall have a flatter slope which will allow access to the bottom of the basin by maintenance vehicles.
(4) 
All earth fill shall be free from brush, roots, and other organic material subject to decomposition.
(5) 
Cutoff trenches are to be excavated along the embankment center line to impervious subsoil or bedrock.
(6) 
Safety ledges shall be constructed on the side slopes of all detention basins having a permanent pool of water. The ledges shall be four to six feet in width and located approximately 2 1/2 to three feet below and one to 1 1/2 feet above the permanent water surface.
(7) 
The fill material in all embankments shall be compacted to at least 95% of the maximum density obtained from compaction tests performed by the appropriate method of ASTM D698.
(8) 
All dry detention basins shall be provided with a concrete low flow channel with a perforated pipe underdrain in a stone trench wrapped in a nonwoven geotextile fabric. The underdraining shall be connected to the basin outlet structures.
(9) 
The top of the bank for facilities constructed in cut and toe of slope for facilities constructed in fill shall be located no closer than 15 feet to an existing or proposed property line.
(10) 
Detention basins shall be sodded, attractively buffered and landscaped, and designed as to minimize propagation of insects, particularly mosquitoes. All landscaping and buffering shall be approved by the Borough. All detention and retention basins with permanent dry-weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.
M. 
Detention facilities in flood hazard areas.
[Amended by Ord. No. 03-2002]
(1) 
There shall not be detention basins in the floodplain except for those on-stream and shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16 A-50 et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 40:55D-93 et seq.
(2) 
Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., and any rules adopted pursuant thereto.
N. 
Detention facilities: maintenance and repair. Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a governmental agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the responsible person.
[Amended by Ord. No. 03-2002]
(1) 
General requirements.
(a) 
Prior to granting approval to any project subject to review under this chapter, the applicant shall enter into an agreement with the Borough of Eatontown to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the municipal attorney, and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.
(b) 
An applicant seeking approval for construction of a stormwater management facility shall provide the funds necessary to permanently maintain the facility. The amount necessary to permanently maintain the facility shall be calculated by the Planning Board Engineer based upon the per lot fees established herein.
(c) 
In the event that the detention facility which has not been dedicated to the Borough becomes a danger to public safety or public health, or if it is in need of maintenance, the Borough shall so notify in writing the responsible person. From the date of notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the Borough may immediately proceed to do so and shall bill the cost thereof to the responsible person.
(2) 
All detention/retention basins for stormwater drainage in any multifamily residential use development or nonresidential use development shall be owned and maintained by a homeowners' association or private owner. All detention/retention basins for stormwater drainage located within or as part of a single-family residential use development shall be dedicated to the Borough of Eatontown. Prior to acceptance of any stormwater facility by the Borough of Eatontown, same shall be certified by the Borough Engineer to have been constructed in accordance with the requirements and specifications of this subsection and the approvals granted by the Planning Board or the Board of Adjustment of the Borough of Eatontown. In addition, prior to the issuance of any certificate of occupancy, the developer shall post with the Borough of Eatontown an amount to be determined in accordance with the formula set forth below for maintenance, to be placed in an escrow maintenance account upon which fund shall be drawn for the maintenance of such detention/retention facility.
(3) 
The fees required set forth below shall be for the purpose of reimbursing the Borough for direct fees, costs, charges and expenses for the maintenance of a detention/retention facility including, but not limited to, routine mowing, maintenance of landscaping, general maintenance concerning inlets, cleaning of property and long-range maintenance on a periodic basis.
(4) 
The escrow fee amount required shall be deposited with the Borough on a per-lot basis prior to the issuance of any certificate of occupancy. Each lot shall pay 115% of the per-lot fee from the first lot receiving a certificate of occupancy until the total amount is paid as calculated in Subsection N(6)(f) below; it being the intent of this chapter to have all of the amounts to be deposited paid into the escrow account prior to the release of certificates of occupancy in excess of 85% of the total project. All payments shall be made based upon the fee in effect at the time that the payment is made. All funds shall remain in an interest-bearing escrow account. The entire amount of any interest shall be applied to the purposes for which it was originally deposited.
(5) 
All costs, expenses, charges and fees incurred by the Borough for the maintenance of the detention/retention basin shall be charged against the escrow fund established for the maintenance of such a basin.
(6) 
The Borough shall conduct maintenance programs at is discretion and shall maintain liability insurance on the basin out of the funds so created. The maintenance programs may include:
(a) 
Routine mowing of the property. Mowing costs shall be estimated at the rate of one acre per hour. The cost per hour for Borough labor and equipment shall be multiplied by the number of acres to be mowed. A base number shall also be included for the mobilization and the maintenance of the equipment.
(b) 
Maintenance of landscaping. The cost shall be based upon the number of hours for landscape maintenance multiplied by a rate per hour for labor and equipment. Any and all additional stock which shall be necessary to replace approved landscaping shall also be charged against the fund.
(c) 
General maintenance. The cost for general maintenance shall be based upon a one-hour mobilization time together with the total number of hours expended times the rate per hour for Borough labor and equipment.
(d) 
Long-term maintenance. The long-term maintenance shall be calculated on a cost per acre and applied against the assumption that a residential detention/retention basin needs rejuvenation every 15 years. This amount shall be reduced to an annualized cost.
(e) 
Insurance. The Borough shall assume liability for the property and a portion of the fund shall be used for purchased of insurance for the detention/retention basin.
(f) 
The fixed contribution shall be $800 per lot for the year 2002. Beginning 2003 and each year thereafter, the fee shall increase by the difference between the Consumer Price Index for New York-Northeastern New Jersey during the period from October to October in the previous year. It being the intent to establish on the first of January of each year a new fixed amount based upon the difference in the Consumer Price Index as of the previous October (i.e., the difference between the October 2002 CPI and the October 2001 CPI establishing the increase for January 1, 2003).
A. 
Street extensions. The arrangement of streets within a development shall provide for the extension and/or realignment of existing streets except that local and local collector streets should only be extended when such extension is necessary and the Planning Board concurs than such extension will promote safety and conform to the street standards contained elsewhere in this chapter.
B. 
Street widening. Where developments abut existing roadways, sufficient right-of-way shall be reserved to provide the right-of-way width proposed for the functional classification of the street in question.
C. 
Design of local streets. Local streets shall be designed in accordance with the schedule of street design standards and the following requirements:
(1) 
Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.
(2) 
Culs-de-sac (dead-end streets) should have a center-line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than 100 feet nor longer than 600 feet, and should not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of not less than 40 feet and a property line radius of not less than 50 feet, which shall have its center point at or to the left of the center line of the street, when viewed toward the closed end. In the event it is contemplated that a dead-end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required
(3) 
Loop streets should provide access to not more than 45 lots, except that where access is provided by a combination of a short loop street and culs-de-sac, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same street.
(4) 
P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop and providing access to a street which is not a part of the P-loop. The loop of a P-loop should have a street length not exceeding 3,000 feet. P-loops should provide access to no more than 60 lots and the entrance street should be designed in accordance with the design standards for minor collector streets.
(5) 
Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modification shall include, but not be limited to, widening the right-of-way of a continuous street through the use of semicircular projections.
(6) 
Reduced paving width. When a cul-de-sac or loop street provides access to 25 or fewer lots, the Planning Board may consider the use of reduced paving width where, by reason of topography, physical features or other conditions, the reduced paving width would substantially reduce disruption of the development's environment. In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than 28 feet. The Planning Board may consider the use of one-way loop streets with a minimum paving width of 22 feet. Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation. Such review and approval must be obtained by the developer before approval of a final plat will be granted.
D. 
Classification of streets. In any development it shall be the duty of the Planning Board to approve classification of proposed streets according to their use. In making its decisions, the Planning Board shall refer to the Master Plan and shall consider conditions within the development and the surrounding areas and shall use as a guide the following street classifications and criteria:
(1) 
Local street. A local street is a street serving only single-family residences and where feasible should be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The maximum traffic normally expected on a local street shall be 400 vehicles per day.
(2) 
Local collector or minor collector street. A local collector or minor collector is generally a street gathering traffic from local streets and feeding it into a system of major collectors, minor arterial and major arterial highways. Even if laid out as a local street, a street should be considered a local or minor collector street if it provides access or could provide access to more than 60 lots or, in the case of a cul-de-sac, more than 25 lots, or could be utilized by traffic other than residential in nature. Local or minor collector streets should generally not be expected to carry traffic exceeding 1,000 vehicles per day. The design speed of local or minor collectors, for alignment and sight distance purposes, should be 40 miles per hour.
(3) 
Major collector streets. A major collector street is generally a street gathering traffic from local streets or minor collector streets and feeding it into a system of arterial highways. Even if laid out as a local or minor collector street, a street should be considered a major collector street if it provides access or could provide access to more than 150 lots, or would be utilized by traffic other than residential in nature. Major collector streets should generally not be expected to carry traffic exceeding 2,500 vehicles per day. The design speed of major collector streets, for alignment and sight distance purposes, should be 50 miles per hour.
(4) 
Minor arterial. Minor arterials are streets gathering traffic from more than one local, minor or major collector street and leading it to a system of other minor arterial or principal arterial streets. Minor arterials shall have a design speed, for alignment and sight distance purposes, of 60 miles per hour and should generally be designed to carry traffic volume approaching 10,000 vehicles per day.
(5) 
Principal arterial highways. Principal arterials are any federal, state or county highway or municipal street or road intended to carry traffic between other major arterials and minor arterials and between the various neighborhoods of the Borough, or from the Borough's neighborhoods to destinations outside the Borough. Principal arterial highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.
(6) 
Classification criteria. Street classifications will be approved by the Planning Board in accordance with the foregoing definitions, in accordance with the provisions of the Master Plan and Official Map if such be adopted, in accordance with the provisions of applicable county and state regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.
E. 
Lots abutting major collector, minor arterial and arterial highways. In any subdivision abutting or being traversed by a major collector street, minor arterial or principal arterial highway, one of the following conditions shall be required by the Board:
(1) 
A marginal street meeting the classification herein for a local street shall be provided along each major collector, minor arterial or principal arterial highway, and shall be separated from the major collector, minor arterial or principal arterial highway by a landscaped strip at least 25 feet in width.
(2) 
The frontage of all lots abutting the major collector, minor arterial or principal arterial highway shall be reversed so that the lots will front on an internal local street; a natural wooded or landscaped buffer strip at least 50 feet in width will be provided on the abutting lots along the right-of-way of the major collector, minor arterial or principal arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.
(3) 
All lots abutting major collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.
(4) 
Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the Planning Board.
(5) 
Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.
F. 
Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter but shall not be less than those set forth in the Schedule of Street Design Standards (Exhibit No. 8).[1]
[1]
Editor's Note: Exhibit No. 8 is included at the end of this chapter.
G. 
Street intersections. Street intersections shall be designed according to the following standards:
(1) 
No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70° (measured at the center line of streets) shall not be permitted.
(2) 
Streets should not enter the same side of local, minor or major collector streets at intervals of less than 500 feet, minor arterials at intervals of less than 1,200 feet, or principal arterials at intervals of less than 2,500 feet. Streets which enter collectors, minor arterials or principal arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector; or 500 feet along the center line of a minor arterial; or 800 feet along the center line of a principal arterial.
(3) 
Approaches of any major collector, minor arterial or principal arterial street to any intersection of another major collector, minor arterial or principal arterial street shall be tangent or have a center line radius greater than 5,000 feet for at least 500 feet from the intersection.
(4) 
Where a minor or major collector, major thoroughfare or major arterial street intersects with a major collector, major thoroughfare or major arterial street, the right-of-way of each minor collector shall be widened by 10 feet (five feet for each side) for a distance of 300 feet in all directions from the intersection of the center lines and the right-of-way of each major collector, minor arterial and principal arterial shall be widened by 20 feet (10 feet each side) for 500 feet in all directions from the intersection of the center lines.
(5) 
Approaches of any local, local collector or minor collector street to any other street shall:
(a) 
Be tangent (straight) for a distance of at least 50 feet from the intersection; or
(b) 
Have a center-line radius greater than 1,000 feet for at least 150 feet from the intersection; and
(c) 
Have a clear site of a point three feet high in the intersection for a distance of not less than 400 feet.
H. 
Street layout.
(1) 
Curved local, local collector and minor collector streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed 1,000 feet.
(2) 
The Planning Board in all cases may, and in the case of subdivisions having 100 or more lots shall, require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.
(3) 
Subdivisions containing more than 150 lots should have two access points from collector streets or arterial highways.
I. 
Street names. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or development in the Borough of Eatontown or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.
J. 
Limit of improvements. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the Planning Board. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Planning Board, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Borough Council to be credited toward the completion of such improvements at such time as the adjacent land develops.
K. 
Streets serving other than single-family detached homes. The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments shall be determined by the Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs, and maximum access for fire-fighting equipment and shall generally conform to the requirements herein.
L. 
Reserve strips. There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the governing body under conditions approved by the Planning Board.
A. 
Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere if deemed necessary by the approving authority.
B. 
The developer shall arrange for the provision of streetlights at his expense under the requirements for "contribution fixtures" as established by the Board of Public Utilities Commissioners Tariff No. 6, Electric Part No. 3, effective April 25, 1993. The developer shall also provide for the installation of underground service for streetlighting at his cost.
[1]
Note: See § 89-48D for illuminance requirements. (Ord.16-93)
Street signs shall be of a type and size approved by resolution of the Borough Council and shall be properly installed at each street intersection. Street signs shall be placed, two per intersection, on the near right-hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection. Mountings shall be in accordance with the standard procedures of the Borough or with requirements adopted by the Borough Council. Street signs shall be placed before any certificate of occupancy for houses on the subject street are issued.
The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Borough Council, may pay to the Borough Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the Borough Engineer equal to the cost of all necessary traffic control devices not installed by the developer. Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Borough Engineer and approved by the Borough Council.
All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric, gas and water distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utilities supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multifamily developments, shopping centers, industrial parks, and planned retirement communities, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the Planning Board. Wherever the utility is not installed in the public right-of-way an appropriate utility easement not less than 25 feet in width shall be provided.
The design and construction approval of all public and individual water supply systems (or extensions of existing systems) shall be under the jurisdiction of the owner of the utility or the Monmouth County Board of Health (and the State of New Jersey), respectively. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate agency and filed with the Planning Board, or the final approval will be conditioned upon full approval from the appropriate agency.
[Amended by Ord. No. 5-85]
A. 
Grading and selection of plant material.
(1) 
Plant stock shall conform to the code of standards set forth in the current edition of American Standards for Nursery Stock (ASNS) recommended for general use and adoption by the American Association of Nurserymen, Inc.
(2) 
Plants shall have normal, well-developed branches and vigorous, fibrous root system. They shall be healthy, vigorous plants free from defects, decay, disfiguring roots, sun scald injuries, abrasions of the bark, plant diseases, insect pest eggs, borers and all forms of infestations or objectionable disfigurements. All trees must have straight trunks with single leader in tact.
(3) 
Substitutions will not be permitted unless sufficient proof is submitted that specific plants or sizes are unobtainable. Proposal will be considered for nearest equivalent size or variety, and the contractor shall notify the Arborist or Borough Engineer for approval before any change is made.
[Amended by Ord. No. 3-93]
(4) 
Native and invasive species.
[Added 3-9-2022 by Ord. No. 05-2022]
(a) 
Native species and their cultivars shall be used in all landscape designs brought before the Office of Planning and Zoning including Planning and Zoning Board applications. A list of native plants as well as their list of deer-resistant native plants, specifically for Monmouth County published by the Native Plant Society of New Jersey shall be required and incorporated as if fully set forth at length herein, as published in Rutgers New Jersey Agricultural Experiment Station's web site: https://njaes.rutgers.edu/fs1140/.
(b) 
Nonindigenous plant species and invasive species shall be prohibited. A list of invasive species and nonindigenous plant species shall be incorporated as if fully set forth at length herein 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.
(c) 
Under no circumstances shall it be allowable to plant any plants, shrubs, or trees that are listed on the NJ Invasive Species Strike Team’s “Do Not Plant” list.
B. 
Nomenclature of plant material.
(1) 
The nomenclature used in the plans and specifications conforms to that of the current edition of Standard Plant Names as adopted by the American Joint Committee of Horticulture Nomenclature.
(2) 
All plants shall be true to name and quantity as per plan and true to size as per plant material listing in the specification.
(3) 
Diameter of trees less than four inches in caliper shall be measured six inches above ground level, and height of central leader, measured from ground lines, shall be not less than specified.
(4) 
Diameter of trees over four inches in caliper shall be measured 12 inches above the ground level.
(5) 
The nursery from which the plant material will be purchased must submit an affidavit to the Borough Arborist or Borough Engineer, developer and Shade Tree Commission stating that the specified trees to be planted are reserved for delivery.
[Amended by Ord. No. 3-93]
C. 
Inspection of site.
[Amended by Ord. No. 3-93; Ord. No. 06-2001]
(1) 
Contractors and/or applicants shall visit the work site prior to bidding so as to familiarize themselves with existing conditions; i.e., existing soil, drainage, topography, buildings, towers, poles, and overhead and underground power lines and conduits.
(2) 
The contractor and/or applicant is responsible for contacting underground utilities for the location of any underground utility lines. They must be notified at least 72 hours in advance of actual planting date.
(3) 
No plant pits shall be dug until underground utilities are staked and the location of the plant pit is approved by the Borough Arborist or Borough Engineer.
D. 
Consultation. It is the responsibility of contractor and/or applicant to consult with the Borough Arborist or Borough Engineer, prior to installation, for purpose of comprehension of specifications, plant material or planting details. To avoid monocultures, the following species diversity shall be used: Whenever an application plan calls for five to 10 plantings, two or more different kinds of species shall be planted. If between 11 and 20 plantings, four or more species shall be planted; between 21 and 35, five or more species shall be used; and if more than 36 plantings are to be used, an additional species be provided for every 12 plantings and the minimum diversity amongst plantings shall be 10%.
[Amended by Ord. No. 3-93; Ord. No. 06-2001; 3-9-2022 by Ord. No. 05-2022]
E. 
Approval of plant material.
(1) 
All plants shall be subject to the approval of the Borough Arborist or Borough Engineer and/or Shade Tree Commission.
[Amended by Ord. No. 3-93]
(2) 
Plants may be inspected at the growers nursery at the place of collection. Approval of plants at the source does not alter the right of rejection at the project site.
[Amended by Ord. No. 5-85]
F. 
Root ball specifications.
(1) 
The minimum sizes of balls, ball depth and diameters shall be in accordance with Recommended Balling and Burlapping Specifications, as set forth in the current edition of the ASNS.
(2) 
The root ball shall be wrapped with untreated burlap only and bound with sisil twine only, in a manner so as not to damage the bark, break branches, or destroy natural shape.
(3) 
All plant stock shall be freshly dug and handled with reasonable care and skill to prevent injuries to the trunk, branches and roots.
(4) 
No balled plant shall be planted if the ball is cracked or broken either before or during the planting operation. All plants shall be lifted from the bottom of the root ball only.
G. 
Shipment and delivery of plant material.
(1) 
All plant material shall be carefully handled and packed in accordance with good nursery practice to prevent injuries during transit. The roots of all plants shall be properly protected with wet straw, moss and other suitable material until planted. If not planted on the day of delivery, all material shall be heeled in and well watered, and the plants shall be kept shaded or covered, in a manner acceptable to the Arborist or Borough Engineer, until planted. The contractor and/or applicant shall coordinate his work to prevent delays in planting that may expose the roots of plant materials to the air, sun or freezing conditions.
[Amended by Ord. No. 3-93; Ord. No. 06-2001]
(2) 
The Arborist or Borough Engineer shall be notified 72 hours in advance of the delivery of any plant material to the site. Delivery slips covering all plant material transplanted to the site must be furnished to the Arborist. Acceptance of plant materials will not be granted without the delivery slips.
[Amended by Ord. No. 3-93; Ord. No. 5-85]
(3) 
Proper precautions shall be observed so as not to disturb or damage subsurface improvements. Before doing any excavation or driving stakes, the contractor and/or applicant shall ascertain location of any utility lines.
[Amended by Ord. No. 06-2001]
(4) 
When shipment is made by truck, pack all plant material to provide adequate protection against climate and breakage during transit and to prevent whipping.
(5) 
Cover the tops with tarpaulin to minimize wind whipping and drying.
(6) 
When conditions are such, by reason of drought, high winds, excessive moisture, or other similar factors, that satisfactory results are not likely to be obtained, work shall not be resumed until desired results can be obtained or until approved alternative corrective measures and procedures are adopted.
H. 
Temporary storage.
(1) 
Insofar as practicable plant material shall be planted on the day of delivery. In the event this is not possible the contractor and/or applicant shall protect that stock not planted.
[Amended by Ord. No. 06-2001]
(2) 
Protect plants at all times from sun and drying winds. Plants that cannot be planted immediately on delivery shall be kept in the shade, well protected with soil, wet moss or other acceptable material and shall be kept well watered.
(3) 
Plants shall not remain unplanted for longer than three days after delivery.
I. 
Time of planting.
(1) 
Broad leaf and coniferous evergreen trees, shrubs, vines and ground covers shall be placed between September 1 and October 15 and between April 1 and May 15. Deciduous trees, shrubs, vines and perennials shall be planted between September 15 and November 15 and between April 1 and May 30. These planting dates will not be changed except in consideration of extreme weather and soil conditions as directed by the Arborist or Borough Engineer. For all planting during an extension of the spring planting season, the plant material shall be sprayed with an antidessicant which shall be mixed and applied according to the directions of the manufacturer, and the trees and shrubs shall be trimmed and thinned to reduce the amount of foliage and help balance the loss of roots due to transplanting.
[Amended by Ord. No. 3-93]
(2) 
The contractor and/or applicant shall assume all extra risk or cost of planting when it is performed out of the regular prescribed seasons.
[Amended by Ord. No. 6-2001]
(3) 
All plantings shall be balled and burlapped, unless otherwise directed, and shall be performed as herein specified.
(4) 
No planting shall be done when the ground is frozen. No planting shall be done during abnormally hot weather. The final decision, however, shall be based upon mutual agreement between the Borough Arborist or Borough Engineer and the contractor and/or applicant.
[Amended by Ord. No. 3-93; Ord. No. 06-2001]
(5) 
Diameter of pits for B&B material shall be at least two feet greater than the spread of the ball. The depth of all pits shall be set at such a level that, after settlement, the plant will be exactly the same depth as previously grown in the nursery.
(6) 
Where unsatisfactory subgrade soil condition is encountered, such as building construction debris, in the excavation for tree pits, increase the size of the pits by 1/3 of their diameter and add six inches in depth.
[Amended by Ord. No. 06-2001]
(7) 
The plant hole shall be backfilled with one part original soil, two parts composted cow manure or other approved organic material and two parts screened topsoil. Each layer shall be carefully tamped in place in a manner to avoid injury to the root ball or disturbing the position of the plant.
[Amended by Ord. No. 06-2001]
(8) 
The burlap shall be removed from the top 1/3 of the root ball and all twine removed from around the trunk of the tree. All nursery tags shall be removed.
(9) 
All plants shall be thoroughly watered in at the time of planting to prevent air pockets. Any settlement shall be brought to grade with topsoil mixture.
(10) 
Form a four-inch saucer around the tree pits. Plant pits shall be finished with shoulder of soil mix placed outside rim of pits to form a saucer over the entire area of the pit.
J. 
Mulching. A minimum depth of four inches of shredded cedar or shredded hardwood mulch to be placed over the entire pit. All plant material shall be mulched within two days after planting.
K. 
Pruning.
(1) 
It is advisable to prune all superficial, superfluous, crossing, parallel, broken or dead branches.
[Amended by Ord. No. 06-2001]
(2) 
Main leader of trees must not be cut back. Do not reduce the length of branches unless to remove damaged portion.
[Amended by Ord. No. 06-2001]
(3) 
Pruning cuts shall be positioned just outside the branch collar and the bottom of the cut shall be slanted slightly away from the trunk.
[Amended by Ord. No. 06-2001]
(4) 
No tree paints shall be used.
(5) 
Each tree shall be pruned in accordance with standard horticultural practice to preserve natural character.
(6) 
Pruning shall be done with clean, sharp tools.
L. 
Staking.
(1) 
Stakes shall be eight to 10 feet long, of sound, durable, unfinished lumber capable of withstanding aboveground and underground conditions during the period of guarantee with top and bottom dimensions of two inches by two inches in diameter.
(2) 
Three stakes shall be equally spaced about the tree in a triangular fashion and shall be driven vertically into the ground 2 1/2 to three feet in such a manner as not to injure the root ball.
(3) 
Trees shall be fastened to each stake at a height of five feet by means of plastic chain link tree tie (seven-sixteenths-inch wide recommended for trees up to 2 1/2 inches in caliper).
M. 
(Reserved)
[Amended by Ord. No. 06-2001]
N. 
Cleanup and finish work.
(1) 
During the course of planting, excess and waste materials shall be continuously and promptly removed, lawn areas kept clear, and all reasonable precautions taken to avoid damage to existing structures, plants and grass.
(2) 
When planting in an area has been completed, the area shall be thoroughly cleaned up. Debris, rubbish, subsoil and waste materials shall be cleaned up and removed from the site.
(3) 
Existing grass and wooded or shrub areas which have been injured by the work shall be regraded, seeded, and/or replanted by the contractor at no additional cost to the owner, and the entire area, when completed, shall be neat and clean to the satisfaction of the Engineer.
(a) 
During the course of planting excess and waste materials shall be continuously and promptly removed, lawn areas kept clear and all reasonable precautions taken to avoid damage to existing structures, grass and plants.
(b) 
If any of the above mentioned items are damaged due to the neglect of the contractor and/or applicant, said items will be repaired or replaced at the expense of the contractor and/or applicant and to the satisfaction of the Borough Arborist or Borough Engineer.
[Amended by Ord. No. 3-93; Ord. No. 06-2001]
(c) 
Existing grass areas which have been injured by the work shall be graded and sodded and the entire area, when completed, shall be neat and clean.
O. 
Guarantee.
(1) 
A proving period shall follow the completion of all planting for one year after final acceptance. A maintenance guarantee shall be provided to the Borough of Eatontown in accordance with § 89-92A(1).
(2) 
At the expiration of the proving period an inspection of the planting will be made and only those plants that are normally healthy will be accepted. Unacceptable material shall be removed and replaced by the contractor at his own expense.
(3) 
Planting for the replacement shall be done the following planting season and in the same manner as specified for the original plantings. All replacements shall have a one-year proving period.
(4) 
Plant material which is dead or unhealthy because of vandalism or physical damage shall not be covered by the guarantee.
(5) 
The developer is responsible for contacting the Borough Arborist or Borough Engineer upon completion of the planting to determine whether or not the work accomplished is in accordance with the landscape design and the specifications. All such replacements will be inspected for acceptance.
[Amended by Ord. No. 3-93]
P. 
Maintenance/report for homeowner.
(1) 
Maintenance. Maintenance shall begin when the project commences, and all planting shall be properly cared for and watered by the contractor until final acceptance of the project.
(2) 
Planting maintenance shall include all necessary watering, cultivation, weeding, pruning, wound dressing, disease and insect pest control, protective spraying, replacement of unacceptable material, straightening plants which lean or sag, adjustment of plants which settle or are planted too low, and any other procedure consistent with good horticultural practice necessary to insure normal, vigorous and healthy growth of all work under this contract.
(3) 
The contractor shall be responsible for the use of all materials, labor and equipment, and any injury to plant material caused by such material, labor and equipment shall be corrected and repaired by the contractor at no additional expense to the owner.
(4) 
All plant material shall be inspected by the Arborist or Borough Engineer at least once a month to locate any disease or insect pest infestation. Upon the discovery of any disease or inspect pest infestation, identify or have identified the nature or species of the infestation and submit the proposed method of control to the developer for approval prior to application of correction measures.
[Amended by Ord. No. 3-93]
Q. 
Acceptance. At the time of acceptance of the project, all planting areas shall be free from weeds in a cultivated condition, and all plant materials shall be alive and healthy.
[Amended by Ord. No. 3-93]
(1) 
Recommendations for maintenance of plant material shall be sent in duplicate to the Arborist's office or the Borough Engineer's office within eight days following final acceptance.
(2) 
A copy will be forwarded to the homeowner/property owner by the Borough Arborist or Borough Engineer as maintenance guide.
[Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]
The design and installation of outdoor lighting on the site of a subdivision or site plan shall be constructed so as to conform to the standards specified herein:
A. 
All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices or turned off during nonoperating hours. Illuminated signs are excluded from this requirement.
B. 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.