All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on non-tidal bodies of water, either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization, acceptable to the Municipal Agency. In no case shall bank slopes, bulkhead, rip-rap, revetments, or other elements of bank stabilization be located within required minimum yard areas.

Bulkheads may be constructed of treated timber, reinforced concrete, marine alloy steel or other materials in accordance with approved details (if adopted) and a detailed design to be submitted by the developer in each case for approval by the Borough Engineer, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or reconstructed lagoons shall have a minimum width of one hundred (100') feet and be provided with suitable turning basins.

The Municipal Agency may consider waiver and/or modification of this requirement when necessary to preserve wetlands or other natural features, provided that minimum lot sizes may be maintained and that all development may be made reasonably secure from erosion.

(Ord. #686, S 13-8.5)

In Zoning Districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:

a. No bulk storage of materials or equipment shall be permitted in any required front yard area or within fifty (50') feet of any public street, whichever is greater.

b. No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.

c. All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Municipal Agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of Subsection 25-8.4 of this Chapter and a six (6') foot chainlink fence or equivalent shall be provided.

d. No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Subsection 25-8.4 of this Chapter.

e. All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the Municipal Agency, which shall be of sufficient strength to handle the anticipated use.

f. In no instance shall on-site bulk storage of material exceed the height of ten (10') feet.

g. No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus twenty (20') feet, except as the same may be in transit to or from the site.

(Ord. #686, S 13-8.6)

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 roadway embankment 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.

c. All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.

d. All rough grading must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.

e. To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one (1') foot vertical rise of every three (3') feet of horizontal distance.

f. Such slopes shall be suitably planted with perrennial grasses or other ground cover plantings in accordance with the plans approved by the Municipal Agency. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Municipal Agency 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 Municipal Agency 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 perrennial grasses.

g. 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 six (6') foot wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at two (2%) percent to the top of the curb elevation, and sidewalk construction shall conform to this slope.

h. Lot Grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this Chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.

1. Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities and suitable drainage easements shall be provided.

2. Unless otherwise required by the Standard Specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two (2') feet below finished grade.

3. The minimum slope for lawns shall be three-fourths of one percent (3/4 of 1%) and for smooth hard- finished surfaces, other than roadways, four-tenths of one percent (4/10 of 1%).

3. The maximum grade for lawns within five (5') feet of a building shall be ten (10%) percent and for lawns more than five (5') feet from a building, twenty-five (25%) percent.

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 Borough Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed one-third (1/3) of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the 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. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.

(Ord. #686, S 13-8.7)

a. Location of Club or Bathhouse. All commercial or private club swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse, for an outdoor commercial or private club swimming pool, shall be set back not less than one hundred (100') feet from the front property line and not closer than fifty (50') feet from the side and rear property lines.

b. Pool Location. An outdoor commercial or private club swimming pool shall be located not less than twenty-five (25') feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot, and not less than one hundred (100') feet from the front property line and not less than fifty (50') feet from the side and rear property lines.

c. Off-Street Parking. Ample parking spaces shall be provided in an area or areas located not less than one hundred (100') feet from the front property line and no less than fifty (50) feet from the side or rear residential property lines.

For a private club with a membership of up to one hundred (100) members, not less than eighty (80) car spaces shall be provided. For each additional twenty-five (25) members or fraction thereof, not less than twenty (20) additional car spaces shall be provided.

For a commercial pool with up to one hundred (100) lockers or clothes baskets, there shall be provided not less than forty (40) car spaces, and for each additional twenty-five (25) lockers or clothes baskets, not less than ten (10) additional car spaces, and in addition thereto, two (2) car spaces for each three (3) family lockers.

d. Size of Pool. A swimming pool for a private club, limited to a maximum of one hundred (100) members, shall have a minimum size of one thousand eight hundred (1,800) square feet, and for each additional twenty-five (25) members or fraction thereof, the pool shall be enlarged by four hundred fifty (450) square feet.

For a commercial swimming pool limited to a total of one hundred (100) lockers or baskets for bathers' clothing, the minimum size of the pool shall be two thousand (2,000) square feet and for every additional twenty-five (25) lockers or baskets or fraction thereof, the pool shall be enlarged by five hundred (500) square feet.

e. Swimming Section. The diving section shall be greater than five and one-half (5.5') feet in depth; the non-diving section shall be less than five and one-half (5.5') feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than three hundred (300) square feet.

f. Pump Location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than fifty (50') feet from any side or rear property line.

g. Lounging and Spectator Area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.

h. Club and Bathhouse Facilities. The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.

i. Wading Pool. A swimming pool for private club or commercial use shall provide a separate wading pool.

j. Pool Enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence, capable of holding a live load of two hundred fifty (250) pounds between posts, located not more than eight (8') feet apart; however, one side or sides of the club or bathhouse may serve as a part of the enclosure. The fence shall be located not less than fifteen (15') feet from the closest edge of the pool. The fence shall be from eight (8') feet to ten (10') feet high, having no opening larger than a two (2") inch square. All supporting structures shall be on the inside of the fence and the top of such support shall be at least one (1") inch lower than the top of the fence.

k. Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two (2") inches above the ground to the height of the fence. The gate shall be of self-closing type, opening outwardly only and be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.

l. Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

m. Noise. No sound amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 10:30 p.m.

(Ord. #686, S 13-8.8)

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 (Reduced Lot Size) Development Open Space Requirements. Open space areas within cluster (reduced lot size) subdivisions shall be subject to all provisions of this section and the following specific requirements:

1. A minimum of twenty (20%) percent 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 twenty (20%) percent of the land area of the sections approved is set aside for open space.

2. Each open space area should contain a minimum of one (1) contiguous acre.

3. Open space areas should not be less than fifty (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- twenty (20') feet for a length not to exceed two hundred fifty (250') feet.

4. Where possible, all of the following land areas and features shall be preserved as open space:

(a) Floodway and flood hazard areas.

(b) Areas containing a significant number of specimen trees.

(c) Existing watercourses, ponds.

(d) Land with a seasonal high water table of less than two (2') feet.

(e) Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

b. Site Preparation. Within open space areas, the municipal agency 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 municipal agency 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 Municipal Agency may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one (1) 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 taxed apportioned toy 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 Municipal Agency, portions of proposed open spaces may he 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 (if 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 extent to which specific recreational areas shall be used for passive or active recreational purposes.

4. The Board shall request and consider recommendations from the appropriate Borough officials.

5. 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.

6. The Board shall consider the sequence of development.

7. 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 Municipal Agency and may include, but is not necessarily limited to the following:

(a) The Borough of Red Bank (subject to acceptance of the Borough Council).

(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 development.

2. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restriction approved by the Municipal Agency, which insures 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 Municipal Agency shall not require, as a condition of approval, that land proposed to be set aside for common open space be 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. 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 thirty-five (35) days thereof, and shall state the date and place of a hearing thereon which shall be held within fifteen (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 sixty-five (65) days within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (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 (1) 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 fifteen (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 the year. If the Administrative Officer shall determine such organization is not ready and able 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.

(Ord. #686, S 13-8.9)

a. All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight (28) day compressive strength of the concrete used shall not be less than the following:

h. 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.

(Ord. #686, S 13-8.10)