A. The developer shall comply with the following requirements and principle in the design of each development or portion thereof. Prior to the granting of final approval, the developer shall have installed or, at the option of the Planning Board, shall have furnished performance guarantees and inspection fees in accordance with Article X of this chapter for the ultimate installation or protection of the items required by this section.

B. The development shall conform to design standards that will encourage a coordinated, well-planned community with provisions for desirable services and circulation facilities. The development shall conform to the proposals and conditions shown on the Official Map and the Master Plan.

C. With regard to residential development, applications shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS) as issued by the New Jersey Department of Community Affairs. Where conflicts exist between the Borough's design standards and RSIS, RSIS shall apply.

D. All construction shall comply with the specifications as shown in Appendix 1 - Construction Details.

A. Developments shall be served by paved public streets and all new streets shall be graded and provided with all weather base and pavement with an adequate crown in keeping with Borough specifications and standards.

B. The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets.

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

D. Developments that adjoin or include streets that do not conform to widths as shown on the Master Plan, Official Map or the street width requirements of this chapter shall dedicate additional width along one (1) or both sides of said road. If the development is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.

E. The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Borough, County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist.

F. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60) degrees. No more than two (2) streets shall meet or intersect at any one (1) point and the centerlines of both intersecting streets shall pass through a common point. Two (2) intersections shall be spaced at a minimum of three hundred (300) feet. The block corners at intersections shall be rounded at the curb line with the street having the highest radius requirements as outlined below, determining the minimum standards for all curb lines: arterials: ten (10) feet; collectors: ten (10) feet; local streets: none required where streets are fifty (50) feet wide.

G. Street specifications. Subdivisions fronting on an existing street shall provide for the improvement of the near side of that street in conformity with the following standards. Existing streets under the control of State or County Agencies shall be improved to conform to the requirements to that agency or the following whichever is more stringent.

No existing street shall be reduced below it's existing right-of-way and pavement width. For new streets, or for substantially reconstructed streets, the following design standards shall apply:

Notes:

(a) Manufacture and placement of pavement shall conform to the current specifications of New Jersey Department of Transportation.

(b) Bituminous stabilized base course may be substituted for sub-base at the rate of one (1) inch of bituminous stabilized base course for two and one half (2 1/2) inches of sub-base material.

The work shall be inspected through the course of construction by the Borough Engineer or his duly authorized representative, who shall be notified forty-eight (48) hours before any work is started or continued.

A. Street signs shall be reflectorized aluminum with the street name in white letters four (4) inches high on a green background. The length of post need not be specified but the mounting height of the sign should be specified as twelve (12) feet. How the post is set is not necessarily a part of this chapter. The street signs shall be metal and conform with existing signs as approved by the Borough Engineer and shall be erected:

(1) At street intersections;

(2) When two (2) roads intersecting at right angles are connected by a curve;

(3) At the peak of the curve connecting two (2) parallel streets when the length of the streets exceeds the length of a loop.

B. Where traffic control signs are deemed necessary by the Board, developer or Borough Engineer for Borough, County or State highways, the proper Borough, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense. All street name and traffic control signs shall be installed free of visual obstruction.

A. Curbs, gutters and catch basins shall be adequate to handle the maximum water run-off from tributary lands.

B. The following type of curb shall be constructed. Concrete walls shall be eight (8) inches wide at their base and not less than six (6) inches wide at their top. Their height shall be less than eighteen (18) inches, constructed to show a vertical face above the roadway pavement of six (6) inches. They shall be constructed by use of forms true to line and grade. Open joints shall be provided at intervals of ten (10) feet and one-half (1/2) inch bituminous expansion joints every twenty (20) feet. Block corners and curbs shall be constructed on a true radius; straight forms will not be permitted. (See Appendix 1 - Construction Details)

C. Concrete gutters not constructed integral with the curb shall be constructed against the existing concrete wall-type curb and shall have a width of not less than eighteen (18) inches and a depth of not less than eight (8) inches.

D. Combination concrete curbs and gutters shall be constructed on a base of sand, cinders or broken stone six (6) inches in depth. The dimensions shall be a total width of thirty (30) inches for curbs and gutters. The dimensions of the particular parts shall be as follows: The top of the curb shall be six (6) inches in width, rear face of the curb shall be twelve (12) inches. At the gutter elevation, the width of the curb shall be seven (7) inches. The curb face at the gutter shall be six (6) inches in depth, and the gutter at street face shall be six (6) inches in depth, increasing to eight (8) inches in depth at the interface with asphalt pavement. All exposed edges shall be rounded with a radius of three-fourths (3/4) to one (1) inch. Transverse joints shall be one-half (1/2) inch wide and shall be installed every twenty (20) feet. Joints are to be filled with cellular compression material as specified and shall be recessed one-quarter (1/4) inch from face and top of curb. Joints in the gutters shall be filled with pre-molded bituminous joint filler one-half (1/2) inch thick, recessed one-half (1/2) inch from top of gutter and sealed as specified.

E. Concrete shall be N.J.D.O.T. Class "B".

F. The curb shall be laid in a workmanlike manner as directed and approved by the Borough Engineer.

G. The curb at all delivery openings shall be depressed at the front of the curb to a point one (1) inch above the finished pavement. (See Appendix 1 Construction Details)

H. The rear top corner of this curb shall have a radius of one-fourth (1/4) inch and the front top corner shall have a radius of one and one-half (1 1/2) inches.

I. Curb openings shall be in such width as shall be determined by the Borough Engineer.

A. Sidewalks shall consist of either slate or concrete and shall be a minimum of four (4) feet wide, but in no case shall be narrower than the existing sidewalks on either side of the site, and located within the street right-of-way.

B. The street right-of-way outside the curb line shall be graded to produce a slope of one-quarter (1/4) inch per foot, sloping towards the curb. This slope shall apply to both the sidewalk and grassed area.

C. Concrete shall be N.J.D.O.T. Class "B" Portland Cement Concrete.

D. Concrete sidewalks shall be constructed with minimum of four (4) inches thick, except that sidewalks shall be six (6) inches thick and constructed with reinforced wire at those locations where they cross driveways, for the full width of the driveway. (See Appendix 1 - Construction Details)

E. The area between the right-of-way and the sidewalk shall be maintained as a grass surface. Any surface other than grass shall not be permitted.

Monuments shall be of hard, durable material at least thirty (30) inches long. The top shall be a minimum of five (5) inches square and the bottom a minimum of six (6) inches square with uniform taper from one end to the other. They shall be firmly set in the round in the required locations so as to be visible at the points as required by N.J.S.A 46:23-9.9.

A. A preliminary grading and drainage system plan shall be part of the preliminary plat. It shall indicate, in general terms, a proposal for an adequate system of drainage structures to carry off and store or discharge the storm water run-off and natural drainage water, which originates not only within the property boundaries, but also that water which flows onto the property boundaries from areas outside the project.

B. Drainage structures that are located on State or County highway rights-of-way shall be approved by the State or County highway engineer's office, and a letter from that office indicating such approval shall be directed to the Chairman of the Board and shall be received prior to the final plat approval.

C. The public improvement and utility plans and profiles shall show the final drainage plan and street profiles. They shall be prepared and submitted with the final plat after the approval of the preliminary plat and drainage plan.

D. No stormwater run-off or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.

E. At a minimum, all drains and culverts shall consist of concrete pipe manufactured in accordance with ASTM designation C76, Class IV with "O" ring joints or such other materials approved by the Borough Engineer.

F. All applicable major developments, as defined in Section 113-46A.2, shall be designed in accordance with the standards outlined in Section 113-46A. Stormwater Management and Control. [Added 8-15-06 by Ord. No. 8-2006]

[Added 8-15-06 by Ord. No. 8-2006]

This section shall be known as and may be cited as the "Stormwater Management Ordinance of the Borough of Avon-By-The-Sea."

A. Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural Best Management Practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge. [Amended 5-29-07 by Ord. No. 8-2007]

B. Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development" as defined in Section 113-46A-2.1, Definitions.

C. Applicability.

(1) This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

(a) Nonresidential major developments; and

(b) Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21; and

(2) This ordinance shall also be applicable to all major developments undertaken by the Borough of Avon-By-The-Sea.

D. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals under the development permit, subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this subchapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This subchapter is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. [Amended 5-29-07 by Ord. No. 8-2007]

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

CAFRA CENTERS, CORES OR NODES - Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

CAFRA PLANNING MAP - The geographic depiction of the boundaries for coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

COMPACTION - The increase in soil bulk density.

CORE - A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY - An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A.county planning agency; or

A.county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT - The New Jersey Department of Environmental Protection.

DESIGN ENGINEER - A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER - A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT - The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DRAINAGE AREA - A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOOD - A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69. [Added 5-29-07 by Ord. No. 8-2007]

ENVIRONMENTALLY CRITICAL AREAS - An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program.

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION - The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT - Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY - The Borough of Avon-By-The-Sea.

NODE - An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT - A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON - Any individual, corporation, company, partnership, firm, association, Borough of Avon-By-The-Sea, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT - Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE - The amount of water from precipitation that infiltrates into the ground and is not evapo-transpired.

SEDIMENT - Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE - The lot or lots upon which a development is to occur or has occurred.

SOIL - All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) - An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts. [Added 5-29-07 by Ord. No. 8-2007]

STATE PLAN POLICY MAP - The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER - Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN - An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE - Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER RUNOFF - Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA - A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD - A neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES - A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq. [Added 5-29-07 by Ord. No. 8-2007]

URBAN REDEVELOPMENT AREA - Defined as previously developed portions of areas:

(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

(2) Designated as CAFRA Centers, Cores or Nodes;

(3) Designated as Urban Enterprise Zones; and

(4) Designated as Urban Coordinating Council Empowerment Neighborhoods. [Added 5-29-07 by Ord. No. 8-2007]

WATERS OF THE STATE - The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND - An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.