All development on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on tidal bodies of water, whether existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization, acceptable to the Planning Board. 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, the Environmental Commission, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, and New Jersey Department of Environmental Protection as may be necessary. All reconstructed lagoons shall have a minimum width of one hundred (100) feet and be provided with suitable turning basins.
The Planning Board 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.
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 one hundred (100) feet of any public street, whichever is greater.
B. No bulk storage of materials or equipment shall be permitted in the front yard, or within any side or rear setback area required per the zoned district.
C. All bulk storage areas shall be screened, from public view by means of suitable fencing and/or evergreen plantings as required by the Planning
Board. *Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of Section 8.4 of this Chapter.
* As recommended by the Shade Tree Commission and Borough Engineer.
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 Section 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 Planning Board, 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 front setback plus fifty (50) feet, except as the same may be in transit to or from the site.
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, slopes shall be no steeper than one (1) foot vertical rise for every three (3) feet of horizontal distance.
F. Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Planning
Board. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Planning Board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right of-way shall be fully graded and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Planning Board and the Borough Clerk. All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.
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 percent (2%) 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 one percent (1%) and for smooth hard-finished surfaces, other than roadways, five-tenths of one percent (5/10 of 1%).
3. The maximum grade for lawns within five (5) feet of a building shall be ten percent (10%) and for lawns more than ten (10) feet from a building, twenty-five percent (25%).
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.
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 percent (20%) of the land area of the sections approved is set aside for open space.
2. Each open space area should contain a minimum of two (2) contiguous acres.
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 as determined by the Environmental Commission.
c. Existing watercourses, ponds,
d. Land with a seasonal high water table of less than two (2) feet.
1970 and delineated on wetlands maps prepared by the New
Jersey Department of Environmental Protection.
f. Wetlands as defined in Chapter 19 of the Revised General
Ordinances of the Borough of Little Silver.
B. Site Preparation. Within open space areas, the Planning Board may require
a developer to make certain site preparation improvements, which may include, but are not limited to the following:
1. Removal of dead or diseased trees.
2. Thinning of trees or other growth to encourage more desirable growth.
3. Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.
4. Grading and seeding.
Strength
Tyne of Concrete (pounds per sguare inch)
Class A 5,500
Class B 4,500
Class C 3,500
Class D 3,000
B. Unless specific written permission is obtained from the Borough Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.
A. General Requirements. Concrete curb 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 shall be constructed only on the development side. Curbs shall be constructed of Class B concrete, airentrained, 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 cross-section 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. Concrete curb cross-section shall be as shown in Figure 4.1 of the Residential Site Improvement Standards N.J.A.G Title 5, Chapter 21. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.
B. Timing of Curb Construction. In areas with bituminous concrete pavement, required curb shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs 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.
C. Alternate Curb Types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). It 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 be permitted if such is considered to be acceptable by the Borough Engineer. The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the Applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the Borough Engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. In the event the Borough Engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this Chapter or such other alternate as may be approved by the Planning Board.
Drainage Easements.
1. If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the Planning Board shall require 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 Planning Board. The Planning Board, 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 to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
3. The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of fifty (50) 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.
Said easement and right-of-way shall include provision 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 the 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 shall be required along all wetland buffer boundaries, drainage and stormwater right-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 follow the buffer line associated with any wetland delineation, or 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 concrete monuments wherever the lines of such easement change direction or intersect lot lines.
C. Siqht Triangle Easement. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements shall be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding thirty (30) inches in height measured at road level that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural of otherwise, that obstructs the clear sight. Such easements shall include the area on each street comer that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line (25) twenty-five feet distant from the inter section of the right-of-way lines or their prolongation measured at street level. Where intersections occur on highways or roadways under the j jurisdiction of iiiv vii, te of Ne w Jer sey or Count j of Monmouth, the sight triangle easements required by the State or the County of Monmouth may be substituted in lieu of the requirements above.
D. Sanitary Sewer Easement. Utility and sanitary sewer installations not located in public rights-of-way shall be located along side and/or rear lot lines where possible. Such easements shall be of sufficient width to accommodate the facilities, including access for maintenance, but shall not be less than twenty (20) feet in width.
An environmental impact report shall accompany all applications for preliminary subdivision and preliminary site plan approval. Such report shall provide the information needed to evaluate the effects of the project for which approval is sought upon the environment and shall include data to be distributed, reviewed and passed upon as follows:
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. Three (3) copies of the Environmental Impact Report shall. be submitted to the Planning Board of Little Silver together with a filing of the application.
I. The Planning Board shall submit the Environmental Impact Report to the Environmental Commission of the Borough of Little Silver and the Borough Engineer for review and recommendation. The Environmental Commission shall review the Report and submit to the Planning Board its recommendations respecting the same within sixty (60) days after receipt thereof. Upon completion of all reviews and public hearings, but in any event not later than thirty (30) days after the date of its next regular meeting following the filing of the Report, the Planning Board 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 Planning Board 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. If the Planning Board fails to act within the time period set forth above, unless extended by agreement with the applicant, the Report shall be deemed to have been disapproved.
J. Upon approval by the Planning Board, the Environmental Impact Report shall be marked or stamped "Approved" by the Secretary of the Planning
Board and shall be designated as the "Final Environmental Impact Report".
K. Notwithstanding for foregoing, the Planning Board 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 requirement of local law by supervening County, State or Federal law.
A. No fences or walls shall be erected, altered or reconstructed without a Fence Permit.
B. Fences and walls hereafter erected, altered or reconstructed in any zone in the Borough shall not exceed six (6) feet in height above ground level except as follows:
1. Walls and fences, which are not open fences as defined in this Chapter, located in a front yard, or within fifty (50) feet of any river, lagoon or other body of water, shall not exceed thirty-six (36) inches in height.
C. All fences must be erected within the property line, and no fence shall be erected so as to encroach upon a public right-of-way.
D. The following fences and fencing construction materials are specifically prohibited in all zones in the Borough; barbed wire, razor wire, canvas, cloth, electrically charged, expandable and collapsible fences.
E. 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 member of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
F. Corner lots shall be allowed six (6) foot high fences along the road frontage that portion of the lot that is not utilized as dwelling front yard. The fence shall be located at the side yard setback from the property line of the zone in which the lot is located
