Alternate curb types may be necessary or desirable in certain instances. 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.). 1) If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plats. 2) Continuous slip-formed curb or combination curb and gutter may be permitted if such is considered to be acceptable by the City Engineer. 3) 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 City Engineer has inspected the installation and tested and approved a suitable sample section of such curb or combination curb and gutter. 4) In the event the City 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 alternate as may be approved by the Planning Board.

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

Whenever possible, any exit driveway or driveway lane shall be so designed with regard to profile, grading, and location to permit the following recommended sight distance measure in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.

(Ord. #94-16, Appx. A)

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

a. Driveway Dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:

1. Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions.

2. Driveways serving low traffic volumes shall be permitted to use low to minimum dimensions.

b. Number of Driveways. The number of driveways provided from a site directly to any one (1) municipal street shall be as follows:

To be specified by the Planning Board upon receipt of advice of the Planning Board Engineer. (Ord. #94-16, Appx. A)

No driveway to or from a parking area shall be located closer than thirty-five feet (35') 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 Planning Board will generate large traffic volumes, shall not be located closer than one hundred feet (100') from the nearest right-of-way line of an intersection of a collector or arterial street.

No part of any driveway may be located within four feet (4') of a side property line for single and/or two (2) family dwellings and within four feet (4') of a side property line for all other uses, however, upon application to the Planning Board and approval of the design by the Board Engineer, the Planning Board may permit a driveway serving two or more adjacent sites to be located on or within ten feet (10') of a side property line between the adjacent sites.

Driveways used by vehicles in one-way direction of travel (right turn only) shall not form in angles smaller than forty-five degrees (45 ) with the public street, unless acceleration and deceleration lanes are provided.

Driveways used for two-way operation will intersect the public street at any angle as near ninety degrees (90 ) as site conditions will permit and in no case shall it be less than sixty degrees (60 ).

Driveways serving parking areas for twenty-five (25) or more cars and access drives for all parking areas from primary arterial and certain secondary arterial roads shall have curb return radii of not less than fifteen feet (15') for right turn movements and left turn access from one-way streets.

Secondary arterial streets requiring fifteen feet (15') radii shall be:

Roosevelt Boulevard from 34th Street to Central Avenue;

Ninth Street from Palen Avenue to West Avenue.

Concrete aprons shall be constructed where driveways traverse sidewalks and curb areas at all street intersections. (Ord. #94-16, Appx. A)

Parking areas for less than twenty-five (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.

Access drives for single and two (2) family dwellings shall utilize concrete aprons without curb returns regardless of size or location.

a. Such drives shall have a minimum width of ten feet (10') and a maximum width of twelve feet (12') when they provide access to a one (1) car garage (or when there is no garage).

b. Or, a maximum width of twenty-four feet (24') when they provide access to a two (2) car (or larger) garage.

c. All such drives shall be paved as provided by Section 25-1700.9 of this Ordinance.

Maximum curb depression width for single and two (2) family dwellings shall be the driveway width plus four feet (4'), but not more than twenty-five feet (25').

a. For all other uses shall be the driveway width plus ten feet (10'), but not more than thirty-five feet (35').

b. All concrete should be constructed as provided by the appropriate Section of this Ordinance.

Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, 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.

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.

If the road to which the driveways connect is a City street, the certifying official shall be the City Engineer. If a County road, the certifying official shall be the County Engineer or his designee. 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. (Ord. #94-16, Appx. A)

Aisles from which cars directly enter or leave parking spaces shall conform with the standards in Section 25-300.12 of this Ordinance.

Driveway aprons shall be required between the street curb to the rear edge of the sidewalk. They shall be six inches (6") thick and shall be constructed of NJ Class B reinforced concrete, as specified in Section 25-1700.28.5. Where sidewalks are not required, a five inch (5") thick bituminous concrete apron ten feet (10') wide between the curb and the right-of-way line which shall be two inches (2") thick of bituminous concrete type FABC and built over a quarry blend stone base six inches (6") thick, or six inches (6") of Bank Run Gravel. (Ord. #94-16, Appx. A)

a. 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 may require that a storm water and drainage easement or right-of-way along said facility be provided by the developer, conforming substantially with the lines of such facility.

b. 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 City 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 entirely, or recommend such other action to the governing body as it deems appropriate.

c. 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.

d. 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 flood plain of any watercourse along both sides of the watercourse to a width of thirty-five feet (35') 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.

e. Said easement and right-of-way shall include provisions assuring the following:

1. Preservation of the channel of the watercourse.

2. 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.

3. 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.

4. Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

a. Conservation easements may be required along all drainage and storm water rights-of-way in the development and may be required 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.

b. The land subjected to a conservation easement shall be a strip at least twenty-five feet (25') but not more than one hundred feet (100') in width independently located or running adjacent to each side of any required drainage or storm water right-of-way.

c. 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.

d. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material or any type within the limits of the easement.

e. 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.

a. Sight triangles shall be provided at all intersections, including alleys. The Planning Board or the Board of Adjustment may, at its discretion, or at the recommendation of the City Planner, Zoning Board of Adjustment Engineer or Planning Board Engineer, require that easements be granted for said sight triangles.

b. No tree, shrub, sign or other structure exceeding a mature thirty inches (30") height shall be located within the sight triangle that would obstruct clear sight across the area.

c. Such sight triangle shall be drawn by measuring from a point in the middle of the travel lane of the stop-controlled street a distance 15 feet back from the extended curbline of the through street to a point 170 feet away in the middle of each approach lane for all 15 mile per hour (m.p.h.) roads, 225 feet for all 20 m.p.h. roads, 280 feet for all 25 mile per hour (m.p.h.) roads, 335 feet for all 30 m.p.h. roads, 390 feet for all 35 m.p.h. roads, and 445 feet for all 40 m.p.h. roads. This sight triangle may be reduced in zones where permitted yard setbacks allow building construction within the triangle described herein above.

d. Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Cape May, the sight triangle easements required by the State or the County of Cape May may be substituted in lieu of the requirements above. (Ord. #94-16, Appx. A; Ord. #04-13, §10)

Fences, hedges and walls hereafter erected, altered or reconstructed in any zone in the City shall not exceed four feet (4') in height above ground level, except that fences may be increased to a height of six feet (6') within the building lines or along the property line with the consent of the adjoining property owner(s) and also except as follows:

a. Hedges, walls, and fences, which are not open fences as defined in this Ordinance, located in a front yard, or within fifty feet (50') of any marsh, bay, or other body of water, shall not exceed thirty-six inches (36") in height.

b. In any business zone, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

c. On park, recreation or school properties, open wire fences not exceeding eight feet (8') in height may be erected in the rear or side yard areas and behind the building setback line.

d. Fences in the Historic District are subject to the provisions of Section 25-1800.5 of this Ordinance.

**Webmasters Note: The previous sections, 25-1700.13.1.d through 25-1700.14.1.d, have been amended as per Supplement No. 2.

e. Fences specifically required by other provisions of this Ordinance and other municipal and State regulations.

f. Hedges, walls and fences located adjacent to a street shall conform to the requirements of subsection 25-1700.13.3 of this Ordinance.

g. Walls may be constructed of brick or stone or other maintenance-free material, subject to review and approval by the approving authority. Unfaced concrete block shall not be permitted.

h. Solid fences and walls hereafter erected, altered, or reconstructed in the front yard area of any zone shall not exceed thirty inches (30") in height.

i. Open fences located in the front yard area in any zone shall not exceed forty-eight inches (48") in height. Fences exceeding forty-eight inches (48") in height shall not extend forward of the front building line on any existing building.

j. Fences and walls shall not exceed six feet (6') in height when located in any side or rear yard, except as follows:

1. In any business or industrial zone, fences or walls not exceeding eight feet (8') in height may be erected in the rear or side yard areas behind the front building line.

2. On public park, recreation or school properties, open wire fences not exceeding eight feet (8') may be erected, except that fences enclosing outdoor tennis courts, baseball backstops, and other fences normally provided with recreation facilities may be open wire fences not exceeding twelve feet (12') in height.

3. Fences specifically required by other provisions of this Ordinance and other municipal and State regulations. (Ord. #03-12, 8)

All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way. (Ord. #03-12, 8)