§25-8.11 Curbs or Curbs and Gutters.

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 (1) side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on the development site. Curbs and/or 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, one-half (1/2") inch thick cut to match the crosssection of the curb, shall be used at all expansion joints at intervals not greater than twenty (20') feet. Intermediate plate joints shall be provided at intervals not exceeding ten (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 twenty (20') feet. When concrete curb and gutter is required, the gutter shall be eight (8") 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 Figures 3 and 4. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

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 five (5%) percent with the following exception:

1. Both sides of a street for the entire block length shall be constructed with one (1) 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 fifty (50'%) percent 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 fifty (50'%) percent 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 Municipal Agency 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 plats. 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 Municipal Agency. (Ord. #686, S 13-8.11)

FIGURE IX CONCRETE CURB

NOT TO SCALE

FIGURE X COMBINATION CURB & GUTTER

NOT TO SCALE

§25-8.12 Easements.

a. Drainage Easements.

1. If the property on which a proposed development is to be located or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the Municipal Agency 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 Borough Engineer for consideration by the Municipal Agency. The Municipal Agency, after consulting its engineer and other appropriate agencies, shall either require a drainage easement, 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 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 thirty-five (35') feet in each direction from the centerline of the watercourse, whichever is the greatest; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development.

The 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, swamps 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 twenty-five (25') feet but not more than one hundred (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 plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot 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 easement shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding thirty (30") inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-way 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 lines and a straight line connecting points on each right-of-way line fifty (50') feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):

1. On local streets - fifty (50') feet.

2. On collector streets - one hundred (100') feet.

3. On arterial streets - two hundred (200') feet.

4. 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.

(Ord. #686, S 13-8.12)

§25-8.13 Environmental Impact Report.

An environmental impact report shall accompany all applications for preliminary subdivision and site plan approval when required and specified in a particular zone district pursuant to Section 2510 of this Chapter.

a. A project description which shall specify what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.

b. An inventory of existing environmental conditions at the project site and in surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to criteria contained in the Freehold Area Soil Conservation District Standards and Specifications.

c. An assessment of the probable impact of the project upon all topics set forth in b.

d. A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.

e. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.

f. A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.

g. A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.

h. When required, five (5) copies of the Environmental Impact Report shall be submitted to the Municipal Agency.

i. The Municipal Agency shall either approve or disapprove the Environmental Impact Report as a part of its underlying function with respect to site plan review. In reaching a decision the Municipal Agency shall take into consideration the effect of the applicant's proposed project upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.

j. Upon approval by the Municipal Agency, the Environmental Impact Report shall be marked or stamped "Approved" by the Secretary of the Municipal Agency and shall be designated as the "Final Environmental Impact Report."

k. Notwithstanding the foregoing, the Municipal Agency may, at the request of an applicant, waive the requirement for an Environmental Impact Report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

l. An Environmental Impact Report as required herein shall also be submitted as to all public or quasi-public projects unless such are exempt from the requirements of local law by supervening County, State or Federal law.

m. Submission of an Environmental Impact Statement or -Assessment consistent with the requirements of P.L. 1973, Chapter 185, The Coastal Area Facility Review Act, and the rules and regulations promulgated pursuant thereto, will be conclusively deemed to meet the requirements of this section.

(Ord. #686, S 13-8.13)

§25-8.14 Fences and Hedges.

a. Fences, hedge and walls hereafter erected, altered or reconstructed in any zone may be a maximum height of six (6') feet except that:

1. Hedges, walls and fences located between a principal structure and a front lot line, in any required minimum front yard area or within fifty (50') feet of any body of water, may not exceed:

(a) All types of fences, walls and hedges, located:

(1) Within any sight triangle easement existing or required by this Chapter; or

(2) Within a triangle which has legs twenty five (25') feet long, measured along street lines from any street intersection; or

(3) Within a triangle which has legs ten (10') feet long, measured along a street line and

a driveway edge from the intersection of any driveway with a street. Two and one half (2 1/2') feet

(b) "Open type" fences as defined by this Chapter: Four (4') feet

(c) All other hedges, walls or fences: Three (3') feet

2. On park, recreation and school properties in any zone and throughout the Industrial and Light Industrial Zone, "open" type fences not exceeding eight (8') feet in height may be erected outside of any required front yard area, provided that paragraph a.1(a) of this section shall apply to all corner lots.

3. The height limitation shall not apply to fences, hedges, walls, buffers and similar construction specifically required by other provisions of this Chapter, by other municipal ordinance or regulation or by statute.

4. Erection of "open type" fence exceeding four (4') feet in height or any other fence exceeding three (3') feet in height in connection with any use other than one (1) or two (2) family dwelling shall require site plan approval.

b. The following fences and fencing construction materials are specifically prohibited in all zones in the Borough: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences, except that barbed wire, razor wire and similar construction may be permitted in the Industrial Zone about eight (8') feet high wire or chain link fences where same are permitted by this section. A catalog cut of the proposed fence is to be submitted for review and approval by the Administrative Officer. In general, fencing is to be aesthetically pleasing and a visual improvement to the neighborhood. The Administrative Officer, at his/her discretion, may consult with the Planning Board or a subcommittee of the Planning Board for input on fence applications.

c. All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

d. All fences must also comply with the provisions of Chapter XI of the Code of the Borough of Red Bank. In case of conflict between the provisions of Chapter XI and of this Chapter, the provisions of this Chapter shall control.



e. Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section provided they are not located within any required yard area. Located outside of any required yard area they are subject to the height limitations of the particular zone district.

(Ord. #686, S 13-8.14; Ord. #1989-10, S I; Ord. #1999-6, S4)

§25-8.15 Fire Hydrants.

a. A Certificate of Occupancy shall not be issued for new residential structure which is the subject of a major subdivision or site plan, 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, as measured down to the centerline of connecting public streets, is four hundred (400') feet or less.

b. Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat 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 four hundred (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 Chapter but rather the proper installation of fire hydrants shall be a condition of the issuance of Certificates of Occuancy; however, all costs shall be borne by the developer.

e. Flow Capacity Classification.

1. All fire hydrants shall be classified as follows:

(a) Class A: flow capacity greater than one thousand (1,000) gallons per minute.

(b) Class B: flow capacity of five hundred (500) gallons per minute.

(c) Class C: flow capacity of less than five hundred (500) gallons per minute.

2. The flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on twenty (20) pounds per square inch of residual pressure when initial pressures exceed forty (40) pounds per square inch. When initial pressures are less than forty (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 standards of the Red Bank Department of Public Utilities or the following schedule:

1. The tops and nozzle caps shall be painted the color indicated for each of the following classes:

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 (2), two and one-half (2") inch hose connection nozzles and one (1), four and one-half (4 1/2") inch pumper nozzle. All threads are to be National Standard fire hose threads.

i. Hydrants shall be set plumb with nozzles eighteen (18") inches above the ground or, where they are to be placed in hose houses, eighteen (18") inches above the floor.

(Ord. #686, S 13-8.15)

§25-8.16 Guardrails.

Guardrails, pipe railing or other appropriate barricades, as required by the Planning Board shall be designed and placed at drainage structures, streams, embankment limits, curves 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. (Ord. #686, S 13-8.16)

§25-8.17 Lots.

a. Lot Size. Minimum lot size and dimensions shall be governed by the requirements of the respective zoning districts as set forth in this Chapter, except that:

1. The Municipal Agency 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.

2. The Municipal Agency may require larger lots adjacent to collector or arterial streets 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 Municipal Agency two (2) copies of the map shall be submitted to the Borough Engineer 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.

1. House numbers shall be assigned each lot by the Post Office Department prior to final plat approval by the Municipal Agency.

2. The subdivider, upon completion of curbs and streets, shall place the street number of each lot in the subdivision on the curb or other conspicuous place approved by the Borough Engineer in size and color designed to make said street numbers readily and distinctly discernible from the street. Unless otherwise permitted by the Engineer, such numbers shall be block style, four (4") inches in height, three-quarter (3/4") inch shape width painted in white fluorescent paint on a black background extending at least one (1") inch beyond the number on all sides.

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 this Chapter.

g. Unsuitable Lots. 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, environmental, flood conditions or similar circumstances, the Municipal Agency may require such revisions in a layout of the subdivision as will accomplish one (1) 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 Township 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 ten (10') feet wide and must have a centerline grade of not less than five-tenths (0.5%) percent and not greater than ten (10%) percent. For all non-single family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.

(Ord. #686, S 13-8.17)