§94-8.9. Clearing and grading.

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 New Jersey Department of Transportation 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. All trees to be saved must have a snow fence erected at the drip line of the tree.

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

D. Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the municipal agency.

E. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the municipal agency may, upon the application of the developer, consider or may, upon it own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes.

(1) 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.

(2) The developer shall make suitable provisions in the instrument transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the municipal agency and the Borough Clerk.

(3) 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.

F. The tops 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-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.

G. 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 bard-finished surfaces, other than roadways, one-half of one percent (1/2 of 1%).

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

(5) Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other constructed 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.

(6) The developer shall take all necessary precautions to prevent any siltation of streams during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and division berms through the course of construction.

§94-8.10. Concrete requirements.

A. All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the standard specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:

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.

C. Concrete shall be cured with a compound in accordance with the following methods of materials.

(1) Methods of application. The compound shall be applied in a continuous uniform film by means of power-operated pressure spraying or distributing equipment at the rate directed by the Engineer, but not less than one (1) gallon per two hundred (200) square feet of surface. The equipment for applying the compound shall provide for adequate agitation of the compound during application and must be approved by the Engineer before work is started. If the compound becomes too thick for satisfactory application during cold weather, the material may be warmed in a water bath at a temperature not over one hundred degrees Fahrenheit (100' F.). Thinning with solvents will not be permitted. Should the method of applying the compound produce a nonuniform film, its use shall be discontinued, and the curing shall be done by another method approved by the Engineer that will conform to the requirements for curing concrete.

(2) Materials for curing: liquid compound, clear or translucent. Clear or translucent liquid curing compound shall consist of a blend of resins and other suitable materials held in solution in a volatile solvent. It shall not separate on standing, shall be nontoxic and shall become dry to touch within four (4) hours after being applied to the concrete under ordinary conditions. Acceptance for continued use also will be based upon satisfactory held performance.

(3) Consistency. The consistency of the compound shall be such that it can be applied to the concrete in the amount specified, as a fine spray, by means of an atomizing nozzle.

(4) Character of film. The compound shall adhere to damp, vertical or horizontal concrete surfaces forming a continuous coherent film when applied at the specified rate. When dry, the film shall not be tacky or track off the concrete when walked upon nor impart a slippery condition to the surface.

(5) Color. The compound shall produce no darkening or changing of the color of the concrete which it is applied. It shall, however, be of such a nature or so treated that the film will be distinctively visible for at least four (4) hours after application. Any coloring matter added to the compound shall be a fugitive organic dye of a color approved by the Engineer, All trace of this color shall be indistinct thirty (30) days after application.

(6) Reaction with concrete. The compound shall not react deleteriously with the wet concrete and shall form a superficial layer over the surface thereof.

(7) Moisture retention. When tested in accordance with current ASTM Designation C 156, the moisture loss shall be not more than fifty-five thousandths (0.055) gram per square centimeter of the mortar specimen surface, based on the amount of water in the mortar at the time the curing material is applied.

§94-8.11. Curbs and gutters.

A. Curbing shall be constructed on both sides of all streets shown on all major subdivisions and shall be required on minor subdivisions in accordance with the standards prescribed for the requirements of sidewalks in the case of minor subdivisions.

B. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat.

C. 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 a development side.

D. The following type of curb shall be constructed:

(1) The concrete curb shall be eight (8) inches wide at its base and not less than six (6) inches wide at its top.

(2) Its height shall not be less than eighteen (18) inches constructed to show a vertical face above the roadway pavement of six (6) inches.

(3) It shall be constructed by use of suitable lumber or metal forms, true to line and grade, and open joints shall be provided at intervals of ten (10) feet and one-half-inch bituminous expansion joints every twenty (20) feet.

(4) Curb and/or combination curb and gutter shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the standard specifications.

(5) Curbing shall be laid in a workmanlike manner as directed and approved by the Borough Engineer.

(6) 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.

(7) When concrete combination curb and gutter is required, the gutter shall be eight (8) inches thick and shall be constructed of Class B air-entrained concrete.

(a) Joints in the gutter shall be formed simultaneously with joints on the curb.

(8) Curb and combination curb and gutter cross sections shall be as shown on Figures 3 and 4.

(9) The requirements of the standard specifications regarding curing precautions must be strictly observed.

E. The curb at all delivery openings shall be depressed at the front of the curb to a point two (2) inches above the finished pavement and at the back of the curb three (3) inches above the finished pavement.

F. 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.

G. Curb openings shall be in such width as shall be determined by the Borough Engineer but in no case less than sixteen (16) feet at the edge of the pavement.

H. 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 percent (5%) with the following exceptions:

(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 percent (50%) 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 percent (50%) 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.

§94-8.12. Driveways and access aisles.

A. All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets.

B. Whenever possible, any exit driveway or driveway land shall be so designed with regard to profile, grading and location to permit the sight distance in accordance with § 94-8.14C, Sight triangle easements.

C. The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicle. anticipated to be attracted daily onto the land development for which a site plan is prepared.

(1) Driveway dimensions. Driveway width at the curbline should be limited to fifteen (15) to thirty-five (35) feet

(a) Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions.

(b) Driveways serving low traffic volumes shall be permitted to use low to minimum dimensions.

(2) Number of driveways. The number of driveways provided from a site directly to any one municipal street shall be recommended as follows;

D. No driveway to or from a parking area should be located closer than 100 feet from the nearest right-of-way line of an intersection collector or arterial street. However, any major use, such as shopping center or office complex, which, in the opinion of the municipal agency, will generate large traffic volumes shall not be located closer than 200 feet from the nearest right-of-way line of an intersection of a collector or arterial street.

E. No part of any driveway may be located within five feet of a side property line for single- and/or two-family dwellings and within 20 feet of a side property line for all other uses. However, upon application to the municipal agency and approval of the design by the Board Engineer, the municipal agency may permit a driveway serving two or more adjacent sites to be located on or within 10 feet of a side property line between the adjacent sites.

F. Driveway angle, one-way operation. Driveways used by vehicles in one-way direction of travel (right turn only) shall not form in angles smaller than 450 with the public street, unless acceleration and deceleration lanes are provided.

G. Driveway angle, two-way operation. Driveways used for two-way operation will intersect the public street at any angle as near 900 degrees as site conditions will permit, and in no case shall it be less than 60 degrees.

H. Parking areas for 25 or more cars and access drives for all parking areas on arterial highways provide curbed return radii of not less than 15 feet for all right-turn movements and left-turn access from one-way streets and concrete aprons on entrance and exit drives.

I. Parking areas for less than 25 cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

J. [Amended 6-18-2001 by Ord. No. 781] Access drives for single- and two-family dwellings shall utilize concrete aprons without curb returns, regardless of size or location.

(1) Such drives shall have a minimum width of 10 feet and a maximum width of 24 feet.

(2) All such aprons shall be paved as provided by § 94-8.10 of this chapter.

K. Maximum curb depression width for single- and two family dwellings shall be the driveway width plus four feet. but not more than 25 feet.

(1) For all other uses it shall be the driveway width plus 10 feet, but not more than 35 feet.

(2) All concrete should be constructed as provided by the appropriate section of this chapter.

L. Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, an acceleration and/or deceleration lane may be required in accordance with (Policy of Geometric Design of Rural Highways 1965) American Association of State Highway Officials.

M. The number of driveways, in such locations and of such widths, as shall be certified by the engineering official having jurisdiction over road design to be necessary and proper in order to achieve compatibility with the road design in view of the site conditions, shall be permitted and shall be deemed to constitute compliance herewith.

N. If the road to which the driveways connect is a borough street, the certifying official shall be the Borough Engineer. If a county road, the certifying official shall be such County Engineer as may be in charge of road design. If a state road, the certifying official shall be such official of the New Jersey Department of Transportation division, bureau or other unit in charge of road design for that road.

O. Aisles from which cars directly enter or leave parking spaces shall no be less than:

(1) Twenty-five (25) feet for perpendicular parking.

(2) Twenty (20) feet for sixty-degree angle parking.

(3) Twenty-five (25) feet for all aisles allowing two-way traffic.

(4) Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.

§94-8.13. Driveway aprons.

Driveway aprons shall be required between the curbing and the sidewalk. They shall be six (6) inches of concrete according to specifications required for curbing described in § 94-8.11D(4) above.

§94-8.14. Easements.

A. 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 municipal agency may require that a stormwater and drainage easement or right-of-way along said facility shall be provided by the developer, conforming substantially with the lines of such facility.

(2) 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.

(3) All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

(4) 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 center line of the watercourse, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

(5) Said 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 or 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 easements.

(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 adjacent lands.

(2) 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.

(3) 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 a 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.

(4) 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.

(5) 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.

(1) 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.

(2) 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 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 or otherwise, that obstructs the clear sight.

(3) Such easements shall include the area of each street corner that is bounded by borough street 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:

(a) On local streets: fifty (50) feet.

(b) On collector streets: one hundred (100) feet

(c) 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 shall be substituted in lieu of the requirements above.