a. Applicability. Projects subject to review as in Section 29-1.1(c) of this ordinance shall comply with the requirements of Sections 29-1.10(b) and (c).

b. General Maintenance.

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developers obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

3. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.

4. If the person responsible for maintenance identified under Section 29-1.10(b) above is not a public agency, the maintenance plan and any future revisions based on Section 29-1.10(b)(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

5. Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

6. The person responsible for maintenance identified under Section 29-1.10(b)(2) above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

7. The person responsible for maintenance identified under Section 29-1.10(b)(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

8. The person responsible for maintenance identified under Section 29-1.10(b)(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Sections 29- 1.10(b)(6) and (7) above.

9. The requirements of Sections 29-1.10(b)(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

10. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the Borough or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.

**Webmasters Note: The previous subsection (10) has been amended as per Ordinance No. 2007- 19

c. Nothing in this Section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

a. Any person who violates any provision of this Section shall, upon conviction thereof in municipal Court, be punishable by imposition of the penalties set forth in Chapter I of the Red Bank Code.

b. Each instance of engaging in a separate regulated activity, in violation of this Section shall be deemed a separate offense.

c. In addition, the Borough may institute civil action for injunctive or other relief to enforce the provision of this Section.

**Webmasters Note: The section above (25-8.291.1) has been added as per Ordinance No. 2006- 39.

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 Municipal Agency concurs that 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 in 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. Cul-de-sacs (dead end streets) should have a centerline length, from the intersecting street centerline to the center point of the turnaround of the cul-de-sac of not less than one hundred (100') feet nor longer than one thousand two hundred (1,200') feet, and should not provide access to more than twenty-five (25) lots. They shall provide an end turnaround with a pavement radius of not less than forty (40') feet and a property line radius of not less than fifty (50') feet, which shall have its center point at or to the left of the centerline 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 forty-five (45) lots, except that where access is provided by a combination of a short loop street and cul-de-sacs, the maximum shall be sixty (60) lots, provided that the length of the loop street alone will not exceed three thousand (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 seven hundred (700') feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of fifteen (15') feet minimum width from the loop 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 three thousand (3,000') feet. P-loops should provide access to no more than sixty (60) lots and the entrance street should be designed in accordance with the design standards for 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 twenty-five (25) or fewer lots, the Municipal Agency 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 twenty-six (26') 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 Municipal Agency to approve classification of proposed streets according to their use. In making its decisions, the Municipal Agency 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 traffic normally expected on a local street shall be four hundred (400) vehicles per day.

2. Collector Streets. A collector street is generally a street gathering traffic from local streets and feeding it into a system of arterial highways. Even if laid out as a local street, a street should be considered a collector street if it provides access or could provide access to more than one hundred fifty (150) lots, or would be utilized by traffic other than residential in nature. Collector streets should generally be expected to carry traffic volumes of approximately three thousand (3,000) vehicles per day. The design speed of collector streets, for alignment and sight distance purposes, should be fifty (50) miles per hour.

3. Arterial Highways: Arterials are any Federal, State or County highway or municipal street or road intended to carry traffic between other arterials and from the Borough to destinations outside the Borough. Arterial highways should have a design speed of sixty (60) miles per hour and should be designed to carry traffic exceeding ten thousand (10,000) vehicles per day.

4. Classification Criteria: Street classifications will be approved by the Municipal Agency 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 Collector Streets and Arterial Highways. In any subdivision abutting or being traversed by a collector street or arterial highway, one (1) of the following conditions shall be required by the Board:

1. A marginal street meeting the classifications herein for a local street shall be provided along each collector, or arterial highway, and shall be separated from the collector, or arterial highway by a landscaped strip at least twenty-five (25') feet in width.

2. The frontage of all lots abutting the collector or 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 fifty (50') feet in width will be provided on the abutting lots along the right-of-way of the collector or arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.

3. All lots abutting 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 Municipal Agency.

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 (Figure VIII-9).

FIGURE VIII-9 - Continued

SCHEDULE OF STREET DESIGN STANDARDS - Continued

NOTES:

1 Shoulders or parking areas as required may be

2 When dissimilar streets intersect the larger radius will be used.

3 For sight distance and vertical curve calculation only.

4 Or as required to run out superelevation (1% per sec. of travel at design speed).

5 Not required if algebraic difference of intersecting grades does not exceed 1.

6 Except in superelevation areas.

7 6" crown.

8 8"crown.

g. Street Intersections. Street intersections shall be designed according to the following standards:

1. No more than two (2) streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than seventy (70) degrees (measured at the centerline of streets) shall not be permitted.

2. Local streets should not enter the same side of collector streets at intervals of less than five hundred (500') feet, or arterials at intervals of less than one thousand two hundred (1,200') feet. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least three hundred (300') feet between their centerlines measured along the centerline of an intersected collector; or five hundred (500') feet along the centerline of an arterial.

3. Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or have a centerline radius greater than five thousand (5,000') feet at least five hundred (500') feet from the intersection.

4. Where a collector or arterial street intersects with a collector or arterial street, the right-of-way of each collector shall be widened by ten (10') feet (five (5') feet for each side) for a distance of three hundred (300') feet in all directions from the intersection of the centerlines and the right-of-way of each arterial shall be widened by twenty (20') feet (ten (10') feet each side) for five hundred (500') feet in all directions from the intersection of the centerlines.

5. Approaches of any local street to any other street shall:

(a) Be tangent (straight) for a distance of at least fifty (50') feet from the intersection, or

(b) Have a centerline radius greater than one thousand (1,000') feet for at least one hundred fifty (150') feet from the intersection, and

(c) Have a clear site of a point three (3') feet high in the intersection for a distance of not less than four hundred (400') feet.

h. Street Layout.

1. Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed one thousand (1,000') feet.

2. The Municipal Agency in all cases may require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

3. Residential development areas containing more than one hundred fifty (150) lots should have two (2) 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 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 Municipal Agency. 1n 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 Municipal Agency, 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 multi-family, 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.

(Ord. #686, S 13-8.30)

Street lights shall be of a type approved by resolution of the Borough Council and by the electric utility company serving the proposed development, and located so as to provide a minimum lighting level of fivetenths (0.5) horizontal foot candle on all local and collector streets and one (1) horizontal foot candle on all arterial streets. The developer shall pay the full cost for initial installation of any street lights. After final acceptance, operation and maintenance costs shall be the responsibility of the Borough. (Ord. #686, S 13-8.31)

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 (2) 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. (Ord. #686, S 13-8.32)

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. (Ord. #686, S 13-8.33)

All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric, and gas distribution, communications, street lighting 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 Municipal Agency 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 multi-family developments, and for any industrial, commercial or office development containing a floor area of ten thousand (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 Municipal Agency. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than twenty-five (25') feet in width shall be provided. (Ord. #686, S 13-8.34)

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 Red Bank Department of Public Utilities or the 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 Municipal Agency, or the final approval will be conditioned upon full approval from the appropriate agency. (Ord. #686, S 13-8.35)

The installation of personal earth terminals is subject to the following standards:

a. A personal earth terminal may only be located to the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.

b. The personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in Section 25-10, the Zoning District Regulations.

c. A personal earth terminal may be erected only on the ground or on a platform mat exceeding one (1') foot in height in a secure fashion.

d. The height of a personal earth terminal shall not exceed twelve (12') feet.

e. The main reflector shall not exceed a diameter of three (3) meters.

f. All wiring or connecting cables between the personal earth terminal and the principal building shall be buried underground.

g. A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.

h. Only one personal earth terminal shall be permitted on any property.

i. A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.

(Ord. #686, S 13-8.36)

a. Underground garages shall be properly lighted and equipped with fire fighting devices, with mechanical or other ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one part in ten thousand (10,000) (one-hundredth (0.01%) percent) or the concentration of gasoline vapors in excess of twenty (20%) percent of the lower explosive limit. Garages located under a principal or accessory building shall have an automatic fire alarm system and a ceiling or protected construction of not less than one and one-half (1%) hour fire resistance.

Design standards and general requirements:

1. No garage, parking structure or accessory building is permitted between a principal structure and a street.

2. Commercial garages or vertical parking garages, whether freestanding or attached to a principal structure, when allowed as a permitted accessory use, shall conform to bulk requirements for principal structures, except as provided herein.

3. Vertical parking garages shall not exceed a height of forty-five (45') feet or the maximum height permitted in the zone district, whichever is less. In no event shall there be more than five (5) parking levels.

4. Individual single-story garages, whether attached or detached, shall be arranged to open to the interior or rear of a lot, except fully detached garages, located entirely to the rear of any principal building.

5. Attached single-story garages shall have a capacity of not more than ten (10) vehicles arranged in a row, and there shall be a minimum distance of twenty-five (25') feet between such structures.

6. The architectural design and materials used in the construction of garages shall conform to the design and building materials used in the construction of the main structures.

7. No part of any garage or other accessory building shall be used for living purposes.

8. Roofs of garages may be landscaped and utilized for open space and recreation uses such as, but not limited to, tennis courts. Fifty (50%) percent of such areas may be utilized to meet minimum unoccupied open space requirements.

9. Any garage used or operated as part of a commercial parking facility shall conform to the applicable provisions of Subsection 25-9.13.

c. All garages shall have adequate security provisions.

d. Only passenger vehicles, small vans, pick-up trucks, and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for extended periods.

e. Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.

f. Aisle and space dimensions for vertical parking garages shall conform to Subsection 25-8.2, except for the following:

1. Minimum two-way aisle width - twenty-two (22') feet.

2. Minimum one-way aisle width according to the following (ninety 90) degree bays and one-way aisles are discouraged):

3. Minimum parking space size.

(a) Controlled low turnover spaces (including commuter spaces, single user employee parking and similar uses) - 8' x 17.5' or 8' x 16.5' with curb overhang.

(b) All other - 9' x 18' or 89' x 17' with curb overhang.

(c) All parallel parking spaces - 9' x 22'.

4. Minimum compact parking space size - 7'4" x 16'.

5. Maximum number of compact spaces - 33-1/3% of Total.

g. The provisions of this paragraph shall apply to all vertical parking garages, allowed as a permitted accessory use, in the CCD-1, CCD-2 and/or WD zone districts.

1. Bulk or size requirements: Vertical parking garages shall conform to the following:

(a) Minimum lot area - 20,000 square feet

(b) Minimum lot frontage -100 feet

(c) Minimum setbacks:

(1) Sixty (60') feet from the centerline of any street.

(2) Twenty-five (25') feet from any property line.

(3) Fifty (50') feet from any residential use on any adjacent property.

(4) One hundred (100') feet from any residential zone district property

(d) Maximum height- Forty-five (45') feet and five (5) parking levels above grade.

(e) Maximum lot coverage - The combination of principal and accessory structures shall not exceed the zone requirements.

(f) Minimum unoccupied open space - minimum as required for the zone.

2. Special Requirements:

(a) All applications for a vertical parking garage on properties abutting or clearly visible from the Navesink River shall include maximum feasible design precautions which will minimize visibility of parking from the river. As a minimum, the precautions will achieve visibility of no more than two (2) levels on thirty (30%) percent of the perimeter visible from the river and visibility of no more than one (1) level on sixty (60%) percent of the perimeter visible from the river.

(b) All designs for a vertical parking garage will provide an outward orientation which is physically and visually integrated with existing development in the area and which is compatible with established architecture and development patterns.

3. Bonus Provisions.

(a) In an effort to augment the development capacity of available sites by providing sufficient on-site parking to service the facility without the need or use of public parking, which would benefit the Borough and its residents as well as the users of the development, additional gross floor area shall be permitted as a bonus in accordance with this section.

(1) For above finished grade vertical parking garages, a bonus FAR equal to 1.0 shall be permitted.

(2) For below finished grade vertical parking garages, a bonus FAR equal to 2.0 shall be permitted.

(3) The bonus provisions above can be combined when a vertical parking garage is constructed above and below finished grade.

(4) The bonus provisions provided under this section are to be used for the vertical parking garage only. The FAR for the principal use shall remain that as permitted in the zone.

(Ord. #686, S 13-8.37; Ord. #1988-21, SS 10, 11; Ord. #2003-41, S 3)