Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
A. 
All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the Municipal Agency and Township Engineer and with all other applicable municipal, county, state and federal regulations.
(1) 
Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards.
(2) 
The developer (or his engineer) shall submit detailed design calculations and construction specifications in each instance.
(3) 
Prior to initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the Municipal Agency and Township Engineer.
B. 
The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision) as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Municipal Agency, Township Committee and subdivider or by other applicable municipal, county, state or federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are made a part of this chapter by reference and will not be repeated herein. It is the responsibility of all developers to familiarize themselves with these standards, copies of which may be examined at the offices of the Township Clerk, Administrative Officer (Township Planner) and Township Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation.
(1) 
The requirements of this chapter, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county, state or federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details.
(2) 
Should the Township adopt, subsequent to the effective data of this chapter, particular and specific Standard Construction Details for the Township, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.
A. 
All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the Township.
(1) 
Where either or both an Official Map or Master Plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon.
(2) 
The streets, drainage right-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plan plans and subdivision plats.
(3) 
Where no Master Plan or Official Map exists, or makes no provisions therefor, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38, and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.
B. 
Within the criteria established by and subject to the review and approval of the Municipal Agency, all design of a site plan or subdivision is the responsibility of the developer, and he or she shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design.
(1) 
The standards set forth in this chapter shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein.
(2) 
The responsibility of the Municipal Agency shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this chapter and the Township Master Plan.
(3) 
The Municipal Agency may employ professionals in various disciplines to advise and assist it in its determinations.
(4) 
Any decisions of the Municipal Agency regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this chapter, shall be deemed conclusive.
C. 
To properly execute the design of a site plan or subdivision, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data.
(1) 
Any and all such data obtained by the developer, or by others retained by him to complete the design, shall be made available to the Municipal Agency and its employees and professional consultants, for the purpose of reviewing the proposed design.
(2) 
Should the Municipal Agency determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary.
(3) 
Until the applicant supplies such information, no submission under the provisions of this chapter shall be termed complete.
(4) 
Nothing contained herein shall be interpreted to prevent the Municipal Agency from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.
D. 
When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Township Engineer prior to beginning his detailed design, for review and approval of his proposed design standards.
(1) 
Standards utilized should generally be nationally recognized and in common use in this area.
(2) 
Design standards may not be utilized if they do not have the approval of the Township Engineer.
E. 
It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein.
(1) 
The Municipal Agency may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit.
(2) 
Any developer desiring such action shall present with his application for development a listing of all such waivers desired together with the reasons therefor.
Improvements shall be designed and constructed in accordance with the requirements herein.
A. 
Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with sound and accepted engineering practices and recognized design standards.
B. 
The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance.
C. 
Prior to the completion of such specialized design, the particular standards to be utilized shall be submitted for review by the Planning Board and Township Engineer.
D. 
All parking areas, passageways and driveways shall be constructed with either bituminous concrete flexible pavement structure or a Portland cement concrete rigid pavement structure.
(1) 
Only one type of pavement shall be utilized throughout any site.
(2) 
Semi-pervious surface materials may be utilized under special conditions, as approved by the Planning Board Engineer.
E. 
The pavement structure design for each particular site utilizing either a flexible or rigid pavement type shall be the responsibility of the developers (or his engineer).
(1) 
The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the site and shall follow current design recommendations of the Asphalt Institute, Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Planning Board.
(2) 
As a minimum requirement, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Detail of the New Jersey Department of Transportation; shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of six inches.
(3) 
Flexible bituminous concrete pavement shall consist of at least four inches of hot mix bituminous stabilized base course and a minimum wearing course surface of not less than 1 1/2 inches of pavement, Type FABC-1 (minimum total pavement thickness: 5 1/2 inches) or other appropriate pavement composition determined as previously enumerated in this section, all in accordance with the applicable requirements of the standard specifications.
F. 
Sidewalks with a minimum width of four feet and a minimum thickness of four inches shall be provided in all parking areas for five or more vehicles, between parking areas and principal structures, along aisles and driveways, and wherever pedestrian traffic shall occur.
(1) 
Sidewalks must be raised and curbed six inches above the parking area except where crossing streets or driveways, and wherever pedestrian traffic occurs.
(2) 
Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas.
(3) 
All sidewalk construction shall be in accordance with the applicable requirements of the standard specifications.
(4) 
Sidewalk areas crossing driveways shall be six inches reinforced with welded wire fabric (66-12) or equivalent approved by the Township Engineer.
G. 
The design and construction or approval of all public systems (or extensions of existing systems), either publicly or privately owned, shall be under the jurisdiction of the Township of Middletown Sewerage Authority. Prior to the approval of any site plans, the full approval of any public sewerage disposal system must have been obtained from the Township of Middletown Sewerage Authority and where applicable, required state permits filed with the Planning Board.
H. 
No topsoil shall be removed from the site or used as spoil. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas shall be covered by a four-inch minimum thickness.
I. 
No tree of eight-inch caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the Planning Board.
J. 
All planting, clearing, selective thinning, topsoiling, seeding and other landscape work shall conform with the applicable requirements of the standard specifications.
A. 
The following standards and guidelines contained herein shall apply to all applications for site plan approval containing proposed new buildings and structures or alterations or modifications to existing structures.
B. 
These building design objectives are intended to assist the Planning Board in the review of specific development proposals.
(1) 
All buildings should be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; watercourses; solar access, and energy conservation.
(2) 
Groups of related buildings shall be designed to present a harmonious appearance in terms of architectural style and exterior materials.
(3) 
Buildings should be designed to be attractive from all vantage points, including fences, storage areas and rear entrances.
(4) 
Building setbacks should be varied to the extent practicable in order to provide an interesting interplay of buildings and open spaces.
(5) 
Accessory buildings should be architecturally treated in a manner consistent with related principal structures.
(6) 
All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like, shall be screened from the public view, within and from the outside of the development, by a fence, wall, or mature landscape materials, consistent with the exterior design of building within the development.
(7) 
Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections such as gutter, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, overhead doors, shall be painted or installed with an anodized or acrylic finish, in a color to match adjacent surfaces.
(8) 
All openings in the wall of a structure such as windows and doors should relate to each other on each elevation, vertically and horizontally, in a clearly defined order; and should take into account orientation to the sun, in terms of architectural elements for sun-shading and consideration of the efficiencies of heat loss and gain through such openings.
(9) 
Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment. All exposed basement walls must be painted to relate properly to the side of the building.
(10) 
Landscape elements shall relate to architectural design elements, and shall be considered a strong unifying component of the overall site design, reflecting the natural and man-made (architectural and aesthetic) qualities of the development.
C. 
These design standards and guidelines are intended to assist the Planning Board and Zoning Board in the review of specific proposals for residential development.
(1) 
Residential design should create the appearance of individuality of housing units, and avoid the appearance of a large undifferentiated project.
(2) 
Dwelling units should have adequate interior living space, using low-maintenance, high-quality and aesthetically attractive materials.
(3) 
Easy access to outdoor space and parking from all residential units should be provided.
(4) 
The design should provide a safe, well-lighted residential environment free of excessive traffic and congestion.
(5) 
Multifamily housing should be located in proximity to convenience services. Elderly housing should be located near community facilities, public transportation and neighborhood retail services.
(6) 
Buildings shall be designed to avoid long, straight, unbroken lines.
(7) 
The exterior of all principal buildings shall be of brick or stone construction, or maintenance-free natural wood siding approved by the Planning Board.
(a) 
Decorative trim, not exceeding 20% of the exterior surface, may be used.
(b) 
All party fire walls shall be of masonry construction with a veneer to be selected for quality, durability, appearance and design.
(c) 
Such party fire walls shall not extend through the roof.
(8) 
Each development in excess of 100 dwelling units shall contain at least three substantially different, yet architecturally compatible, principal building design and elevations. The architectural design and materials used in the construction of the sides and rear of a principal building shall be the same as the design and materials used on the front of the principal building.
(9) 
Provisions shall be taken to reduce sound transmission between separate family units in accordance with Chapter 336, Noise.
(10) 
There shall be a variation in principal building length of at least 20 feet between the longest and the shortest of the principal buildings in any development.
(11) 
Courtyards bounded on three or more sides by exterior walls of the same building or by the exterior walls of separate buildings shall have a minimum width and a minimum length of twice the eave height of the tallest building fronting on the courtyard. Where a gable roof faces the courtyard, the height shall be considered at the average distance from the eaves to the top of the gable.
(12) 
Appurtenances such as, but not limited to, tanks, condenser units and other equipment shall be fully screened from view. Such appurtenances and their screening plus chimneys, cupolas and other items which extend above the roof line shall not exceed 15% of the horizontal area of the first floor unless the highest such item shall be used to measure building height.
(13) 
Permitted yard encroachments shall include chimneys, one-story bay windows projecting less than two feet, cornices, eaves, and roof overhangs, terraces or patios not covered nor rising more than three feet above finished grade, gutters and downspouts.
(14) 
All building plans approved by the Planning Board shall be reviewed and approved by the New Jersey Department of Community Affairs, Bureau of Housing Inspection, or authorized plan review agency whose approval is required by state statute or municipal ordinance, before any building permits are issued by the Construction Official.
(15) 
The following design guidelines should be adhered to by the Planning Board and Zoning Board in the review of residential development proposals:
(a) 
Site design should create identifiable clusters of dwellings which relate visually and functionally to the open space network.
(b) 
Site design should minimize noise intrusion into the dwelling cluster and protect the visual privacy of dwelling units.
(c) 
Private and common open spaces should be clearly delineated. Recreation facilities should be designed and cited for the convenience of the users. Where a variety of age groups are expected to inhabit the development, recreation facilities should be designed to accommodate the full range of inhabitants.
(d) 
Pedestrian circulation routes should accommodate the predictable traffic patterns and form the shortest route between the dwellings and the facilities likely to be used. It should parallel access roads and adjacent streets and, where feasible, link the developments to off-site facilities that residents are likely to travel to.
(e) 
Large surface parking lots should be arranged into a number of smaller lots which are well landscaped to soften the visual effect.
D. 
Dwelling units in a development, designed for the possible use by physically handicapped persons, shall meet or exceed New Jersey Uniform Construction Code minimum property standards and the additional requirements contained herein.
(1) 
Each such dwelling unit shall be accessible from the nearest parking spaces by means of a walk uninterrupted by steps or abrupt changes in grade and shall have a width of not less than five feet and a gradient of not more than one foot in 20 feet or an approved ramp. The parking spaces for the dwelling unit shall be reserved for the use of its occupants and be not less than 12 feet wide and shall not be so situated as to require the handicapped to pass behind parked cars to reach the entranceway.
(2) 
Electrical switches, controls and fire alarms shall not be located more than 54 inches above the floor within the dwelling unit or in any common area likely to be used by such dwelling occupants. At least one toilet on the first floor of such dwelling units shall be 19 inches from the floor to the seat.
(3) 
The Planning Board shall approve common buildings and facilities only if adequate provisions have been made for use by the physically handicapped and shall be guided in such judgment by the specifications for making buildings and facilities accessible to, and used by, the physically handicapped as set forth in N.J.A.C. 5:23 et seq., New Jersey Barrier Free Design Regulations promulgated by the Department of Community Affairs, and the Americans with Disabilities Act.
E. 
The commercial and industrial design standards contained below are intended to assist the Planning Board in the review of specific proposals:
(1) 
Exterior materials may include brick, stone, anodized aluminum and baked enamel metal panels, precast concrete and similar materials, with appropriate texture and trim to prevent large, undifferentiated facades of the same material.
(2) 
All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.
(3) 
All major entrances to buildings shall be properly identified with architectural elements such as recessed entranceways, projected overhangs, and porticos.
(4) 
Flat roof canopies on metal pipe columns shall not be used on commercial buildings.
(5) 
Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.
(6) 
Buildings and structures used for functional purposes, such as warehouses, indoor sports facilities and manufacturing facilities, shall include appropriate landscaping adjacent to boundary facades in the public view.
A. 
The block length, width, and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this chapter and to provide for convenient access, circulation control, and safety of vehicles and pedestrians.
B. 
Block lengths may vary between 400 feet and 2,000 feet but blocks along other than local collector streets shall not be less than 1,000 feet long.
C. 
Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,000 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.
D. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
A. 
Buffers shall be required for residential tracts fronting on arterial and collector streets; on the perimeter of all tracts zoned for multifamily residential development, and industrial zone districts; and on the perimeter of all tracts of nonresidential uses which abut areas zoned residential or abut conforming residential uses.
B. 
A buffer shall include an area, topsoiled and containing ground cover, seed, and/or sod and appropriate plantings of evergreen, and deciduous trees and shrubs. Where buffers are required, the buffer shall be at least 50 feet wide and located within common open space areas. In no case shall part of the private yard area assigned to an individual dwelling be considered as part of the buffer. A landscaped buffer screen, where required, shall comply with the following minimum standards:
(1) 
Shrubs and trees required as buffer elements shall be comprised of a variety of species approved by the Municipal Agency based on the recommendations of the Township Engineer's Office and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Where a commercial, business, or industrial use abuts an existing residential zone, a landscaped buffer, at least 50 feet wide, shall be required along the perimeter and within the commercial, industrial or business use lot.
(3) 
Preexisting vegetation and trees shall be preserved and incorporated into the landscaped buffer, provided that additional plantings will be incorporated to comply with the minimum standards above.
(4) 
A berm may be used as part of the landscaped buffer screen in which case the landscaping requirements may be reduced in minimum height and quantity, provided a suitable and attractive visual screen is maintained. The berm shall not be less than three feet horizontally. The design of the berm shall be reviewed by the Township Engineer.
(5) 
The intensity of the buffer screen may be reduced by the Planning Board if it is found that the proposed use is visually attractive and not detrimental to the appearance of the neighboring uses.
(6) 
Within a buffer area, no use, activity or sign shall be established other than the following:
(a) 
Driveways which are necessary to provide proper means of ingress and egress for parking areas. Driveways, when located in a buffer, shall provide direct access from the road or right-of-way line to the nearest non-buffered area. Loop or peripheral roads shall not be located within a buffer area.
(b) 
Directional signs in conjunction with said driveways which are necessary for the proper guidance and control of vehicular traffic, provided that not more than one such sign is erected in conjunction with each driveway. Project identification signs shall also be permitted.
C. 
Within buffer areas required by § 540-606A above, there shall be provided screening in accordance with the following regulations:
(1) 
Except as otherwise provided herein, the screening area shall be a minimum of 18 feet in width and shall be planted with evergreen trees approved by the Municipal Agency based on the recommendations of the Township Engineer's office. Trees shall be planted in two staggered rows 10 feet apart and shall be between six and eight feet in height and shall conform to the current standard for nursery stock of the American Association of Nurserymen. Within each row, the trees shall be planted on ten-foot centers (Figure No. 1). The Municipal Agency may vary the spacing of the trees depending upon the species and the size of the specimens.[2]
Figure No. 1, Standard Screening
Double Staggered Row of Evergreen Trees
 
540 Fig 1 Std Screening.tif
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
In cases where it is determined to be desirable by the Municipal Agency, evergreen trees planted with a minimum height of four feet may be substituted for the six-foot trees required under § 540-606, provided that the developer shall install a solid six-foot-high stockade fence along the outside of the required screening strips in accordance with § 540-616 prior to commencing the construction of improvements on the site. The spacing of the trees may be varied by the Municipal Agency depending upon the size and species of the specimen to be used. The stockade fence shall be maintained in good condition by the developer as long as it exists or until such time as the evergreen trees have grown to a minimum height of 10 feet, at which time the developer may remove the stockade fence in lieu of maintaining it.
(3) 
Where suitable trees exist within a screening area, they should be retained and supplemented with shade-tolerant evergreen trees to provide the equivalent of the required screening as determined by the Municipal Agency.
(4) 
Where all proposed buildings, parking areas, and other improvements are located 100 feet or more from a property line abutting a residential zone or use, the Planning Board may permit a screening area 10 feet in width planted with a single row of evergreen trees in a location approved by the Municipal Agency planted on five-foot centers with a minimum height of six to eight feet of a type and species to be substituted for the screening area required in Figure 1 (see Figure 2 below). Spacing requirements for the buffer plantings may be varied by the Municipal Agency depending upon the size and species of the specimens to be used.
Figure No. 2, Modified Screening
Single Row of Approved Evergreen Trees
 
540 Fig 2 Mod Screening.tif
(5) 
The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Municipal Agency may require the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location of which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Municipal Agency may permit the height of trees planted in the required screening strips to be decreased by an amount equal to 1/2 the difference in elevation, except that in no case shall the required height be reduced to less than four feet.
(6) 
All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct a six-inch-deep earth saucer six inches outside the drip line of each tree to hold water and fill with wood chips or other suitable mulch. Trees shall be nursery grown, balled and bagged, sheared and shaped, of the required height and planted according to accepted horticultural standards.
(7) 
At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, approved by the Municipal Agency as to type, location and spacing, shall be provided in lieu of the evergreen trees specified above.
(a) 
Within sight triangle easements.
(b) 
Within 25 feet of intersections where sight triangle easements are not provided.
(c) 
Within 25 feet of access drives.
(8) 
Waiver. The Municipal Agency, after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
A. 
All development on tidal lagoons, navigable waterways, or other bodies of water, either existing or proposed, shall provide for bulkheading. All development on nontidal bodies of water, either existing or proposed, shall provide for bulkheading or other appropriate permanent bank stabilization, acceptable to the Municipal Agency. In no case shall bank slopes, bulkhead, riprap, revetments, or other elements of bank stabilization be located within required minimum yard areas.
B. 
Bulkheads may be constructed of treated timber, reinforced concrete, marine alloy steel or other material in accordance with approved details (if adopted) and a detailed design to be submitted by the developer in each case for approval by the Township Engineer, and such other approval authorities, including, but not limited to, the United States Army Corps of Engineers, as may be necessary. New or reconstructed lagoons shall have a minimum width of 100 feet and be provided with suitable turning basins.
C. 
The Municipal Agency 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.
A. 
In zoning districts where bulk storage is a permitted accessory use, the following minimum requirements shall apply:
(1) 
No bulk storage of material or equipment shall be permitted in any required front yard area or within 25 feet of any public street.
(2) 
No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.
(3) 
All bulk storage areas shall be screened from public view by means of solid fencing and/or evergreen plantings as required by the Municipal Agency. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements of § 540-606 of this chapter and a solid fence shall be provided.
B. 
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 § 540-606 of this chapter.
C. 
All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing material, as required by the Municipal Agency, which shall be of sufficient strength to handle the anticipated use.
D. 
In no instance shall on-site bulk storage of material exceed the height of 10 feet.
E. 
No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 20 feet, except as same may be in transit to or from the site.
[Amended 7-18-2005 by Ord. No. 2005-2825]
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 Township 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 Township Engineer. All trees to be saved must have a snow fence erected at the drip line of the tree.
B. 
Material which the Township 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 Township 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 shall be provided with slopes no steeper than one foot vertical rise for every three 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 Municipal Agency.
G. 
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 its 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 instruments 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 Township 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.
H. 
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-foot-wide shade tree and utility easement required herein.
(1) 
Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.
I. 
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 feet below finished grade.
(3) 
The minimum slope for lawns shall be 3/4%, and for smooth, hard-finished surfaces, other than roadways, 4/10%.
(4) 
The maximum grade for lawns within five feet of a building shall be 10%, and for lawns more than five feet from a building, 25%.
(5) 
Retaining walls installed in slope control areas shall be constructed of heavy treated lumber or logs, reinforced masonry or of other material acceptable to the Township Engineer and adequately designed and detailed to carry all earth pressures, including any surcharges. The height of retaining walls that are designed to protect a cut shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Where a retaining wall is proposed in order to accommodate the filling and/or leveling of sloped properties, it shall not exceed six feet in height, except that any such wall designed to accommodate fill or leveling located within a required setback area shall not exceed three feet in height.
(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.
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:
Type of Concrete
Strength
(pounds per square inch)
Class A
5,000
Class B
4,500
Class C
4,000
Class D
3,500
B. 
Unless specific written permission is obtained from the Township 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 gallon per 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 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 hours after being applied to the concrete under ordinary conditions. Acceptance for continued use also will be based upon satisfactory field 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 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 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 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.
A. 
Curbing shall be constructed on both sides of all new 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 pavement damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat.
C. 
Where one 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) 
Concrete curb shall be eight inches wide at its base and not less than six inches wide at its top.
(2) 
Its height shall not be less than 18 inches constructed to show a vertical face above the roadway pavement of six 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 10 feet and one-half-inch bituminous expansion joints every 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 Township 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 20 feet.
(7) 
When concrete combination curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints on the curb.
Figure No. 3, Concrete Curb Details - Typical
 
540 Fig 3 Concrete Curb Details.tif
(8) 
Curb and combination curb and gutter cross sections shall be as shown in Figure No. 3.
(9) 
The requirements of the standard specifications regarding curbing 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 inches above the finished pavement, and at the back of the curb, three inches above the finished pavement.
F. 
The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
G. 
Curb openings shall be in such width as shall be determined by the Township Engineer, but in no case less than 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 5% with the following exceptions:
(1) 
Both sides of a street for the entire block length shall be constructed with one 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 50% or more of the curb length of an street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.
(3) 
Where 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.
I. 
Timing of curb construction. In areas with bituminous concrete pavements, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter 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.
J. 
Alternate curb types may be necessary or desirable in certain instances. For example, these may be required by the Municipal Agency 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 Township 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 Township 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 Township 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 Municipal Agency.
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 following recommended sight distance measured in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.
Allowable Speed on Municipal Street
(mph)
Required Sight Distance
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
C. 
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.
(1) 
Driveway dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:
One-Way Operation
Two-Way Operation
Curbline Opening
(feet)
Driveway Width
(feet)
Curbline Opening
(feet)
Driveway Width
(feet)
Commercial and industrial
24 to 50
18 to 34
24 to 50
24 to 36
Service station
18 to 36
12 to 24
24 to 36
20 to 36
(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:
Length of Site Frontage
Recommended Number of Driveways
100 feet or less
1
More than 100 feet to 800 feet
2
Over 800 feet
To be specified by the Township of Middletown by Planning Board upon receipt of advice of the Township Engineer
D. 
No driveway to or from a parking area shall 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 industrial use, 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 45° 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 90° as site conditions will permit and in no case shall it be less than 60°.
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. 
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 12 feet when they provide access to a one-car garage (or when there is no garage).
(2) 
Or such drive shall have a maximum width of 24 feet when they provide access to a two-car (or larger) garage.
(3) 
All such drives shall be paved with bituminous concrete.
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, 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, 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 Township road, the certifying official shall be the Planning Board 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 state or of a 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 not be less than:
(1) 
Twenty-four feet wide for perpendicular parking.
(2) 
Twenty feet wide for 60° angle parking.
(3) 
Eighteen feet wide for 30° angle parking.
(4) 
Eighteen feet wide for 45° angle parking.
(5) 
Twenty-four feet for all aisles allowing two-way traffic.
(6) 
Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.
Driveway aprons shall be required between the curbing and the sidewalk. They shall be six inches of concrete according to specifications required for curbing described in § 540-611D(4) above. When sidewalks are not required, there shall be constructed on each building lot, a bituminous concrete apron 10 feet wide between the curb and the right-of-way line which shall be two inches thick of bituminous concrete type FABC and built over a quarry blend stone base four inches thick.
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 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 Township 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 entirely, 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 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 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.
B. 
Conservation easement. It shall be the purpose of conservation easements to protect and preserve and, where necessary, restore environmentally sensitive lands and natural features from destructive uses. The purpose of these regulations is to establish parameters and guidelines for the establishment of conservation easements and to specify permitted and prohibited activities within these areas. No use which results in substantial disturbance of any conservation easement shall be permitted.
(1) 
Conservation easements should be required on any property containing environmentally sensitive areas. The conservation easements should protect the following environmental conditions:
(a) 
Stormwater drainage rights-of-way.
(b) 
Buffers or transition areas along ponds, rivers, marshes, swamps, streams, brooks and creeks.
(c) 
Protection of sloped areas in excess of 15%.
(d) 
Areas to protect habitat for fish and wildlife.
(e) 
Areas necessary to prevent siltation and pollution of streams or similar watercourses and their adjacent lands.
(2) 
Conservation easements shall include the environmentally sensitive area plus a minimum of 25 feet from the boundary of the environmentally sensitive area. Environmentally sensitive areas as noted in Subsection B(1) above shall be defined by land survey, drainage maps, wetlands maps, slope maps and natural areas containing flora or fauna requiring protection.
(3) 
Conservation easements shall prohibit or limit any or all the following activities, except as otherwise provided herein.
(a) 
Construction of or placing of buildings, roads, signs, billboards, or other structures on or above the ground.
(b) 
Dumping or placing of soil or other substances or materials as landfill, or dumping or placing of trash, waste or unsightly or offensive materials.
(c) 
Removal or destruction of trees, shrubs or other vegetation.
(d) 
Excavating, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance.
(e) 
Surface use, except for purposes permitting the land or water area to remain predominately in its natural condition.
(f) 
Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation.
(g) 
Installation of fences shall be prohibited in any conservation easement. This requirement may be waived by the appropriate approving authority when determined to be necessary in the interest of safety. However, fences permitted by the approving authority shall be open fences and in no case higher than four feet. The approving authority shall seek comments from the Environmental Commission prior to taking action on any request to place a fence within a conservation easement. Where the request is for a property which was not part of any prior approval, the Planning Board shall be the appropriate approving authority.
(4) 
The following activities shall be permitted within any conservation easement:
(a) 
Periodic selective thinning of dead or diseased small trees, scrub growth and brush in order to maintain pedestrian access and/or overall vegetative health in and throughout the conservation easement area.
(b) 
Establishment of a pond, subject to approval of the Construction Official. In granting approval for a pond, the Construction Official shall seek the advice of the Township Engineer and Environmental Commission in order to determine that such activity will be environmentally sound and that drainage conditions on adjacent land will not be negatively impacted.
(c) 
Other activities permitted by a validated NJDEP&E Individual Freshwater Wetlands, Statewide General Freshwater Wetlands or Stream Encroachment Permit.
(d) 
Other activities as specified in § 540-624 of this chapter.
(5) 
The easement shall be indicated on the Final Subdivision Map and shall be marked by a visible border that is acceptable to the Board. Such borders may consist of fences, specific types of vegetation, posts or other visual markers.
(6) 
When a conservation easement is the result of a subdivision, the owner and/or developer will advise the prospective purchaser of the location and significance of the easement.
(7) 
Maintenance of the conservation easement shall be the obligation of the property owner.
(8) 
Any person or persons who violate any of the provisions shall be subject to penalties as specified in § 540-309, Violations and penalties, of the Code of the Township of Middletown. In addition, where a violation has resulted in the destruction of environmentally sensitive features due to clearing of vegetation, soil removal, slope destabilization or placement of fill, the violator shall be required to restore the area in a manner satisfactory to the Construction Official. In determining whether or not the restoration proposed is adequate and reasonable, the Construction Official shall seek the advice and opinion of the Environmental Commission and the Township Engineer.
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 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 the right-of-way lines and a straight line connecting points on each right-of-way line 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: 50 feet.
(b) 
On collector streets: 100 feet.
(c) 
On arterial streets: 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 may be substituted in lieu of the requirements above.
A. 
An environmental impact report shall accompany all applications for preliminary major subdivision and preliminary site plan approval for all projects which exceed 10 acres in size or those projects deemed to be environmentally sensitive by the Municipal Agency. 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 as follows:
(1) 
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.
(2) 
An inventory of existing environmental conditions at the project site and in surrounding region which shall describe air 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 archaeology.
(a) 
Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey.
(b) 
Soils shall be described with reference to criteria contained in the Freehold Area Soil Conservation District Standards and Specifications.
(3) 
An assessment of the probable impact of the project upon all topics set forth in Subsection A(2) above.
(4) 
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.
(5) 
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 and schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
(6) 
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.
(7) 
A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.
B. 
When required, 15 copies of the Environmental Impact Report shall be submitted to the Municipal Agency.
C. 
The Municipal Agency shall either approve or disapprove the Environmental Impact Report as part of its underlying function with respect to site plan review. In reaching a decision, the Municipal Agency 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.
(1) 
Upon approval by the Municipal Agency, the Environmental Impact Report shall be marked or stamped "Approved" by the Secretary of the Municipal Agency and shall be designated as the "Final Environmental Impact Report."
D. 
Notwithstanding the foregoing, the Municipal Agency 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 requirements 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.
E. 
The approving authority may require a focused EIR on any site project addressing specified issues related to the property or vicinity in question. Such an EIR will not be required to address issues which will not be impacted by the proposed project.
F. 
An Environmental Impact Report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law or by superseding county, state, or federal law.
G. 
Submission of an Environmental Impact Statement or Assessment consistent with the requirements of N.J.S.A. 13:19-1 et seq. and N.J.A.C. 7:7-1.1 et seq., the Coastal Area Development Review Act (CADRA), and the rules and regulations promulgated pursuant thereto, will be conclusively deemed to meet the requirements of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 1-22-2002 by Ord. No. 2002-2667; 3-15-2010 by Ord. No. 2010-3002; 6-17-2013 by Ord. No. 2013-3089]
A. 
Fences, hereafter erected, altered or reconstructed in all residential zones in the Township, shall not exceed six feet in height above ground level, and fences erected, altered or reconstructed in all nonresidential zones in the Township shall not exceed eight feet in height above ground level, except as follows:
(1) 
Fences, which are not open fences as defined in this chapter, located in a required front, street side or street rear yard, shall not exceed 36 inches in height.
(2) 
In any business or industrial zone, open-wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the required front street side or street rear yard setback line.
(3) 
On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
(4) 
Fences specifically required by other provisions of this chapter and other municipal and state regulations.
B. 
All fences shall be set back a minimum of three feet from the top of a structural retaining wall. Any fence proximate to or associated with a structural retaining wall shall be set back at least 15 feet from a property line.
C. 
Barbed wire, razor wire, canvas or cloth fence and fencing construction are prohibited in all zones in the Township. The ban on barbed wire shall not apply to fencing located on and necessary to the operation of a farm or to barbed wire strands placed atop security fencing six feet high or more around a conforming commercial or industrial use, provided that the fencing conforms to all other standards and that no barbed wire fencing be permitted in the front yard of the nonfarm uses.
D. 
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 members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
E. 
All fences must also comply with the provisions the New Jersey Uniform Construction Code except where in conflict with the technical provisions of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Tennis court fences, baseball and softball backstops and spectator-protective fencing are exempt from the requirements of this section, provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.
G. 
Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
H. 
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
(1) 
In the MC Marine Commercial Zone, open fences of a height of 12 feet or less are permitted within the front setback. Such fences shall be used for recreational purposes only and shall be located no closer than 10 feet to the front lot line.
I. 
Structural retaining walls.
(1) 
Structural retaining walls shall not exceed three feet in height within a required setback area.
(2) 
Staggered or tiered walls shall be considered single walls unless there is a minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier is not less than two times the height of the lower section or tier. If there are more than three single sections or tiers, the minimum distance between the top of the third tier and the base (toe) of the next higher section or tier shall be not less than 2 1/2 times the height of the lower section or tier.
(3) 
In no case may a single section of a tiered wall exceed three feet in height within a required setback area.
(4) 
The base of a structural retaining wall shall be set back a minimum three feet from a property line.
(5) 
The structural design of all structural retaining walls shall be approved by the Township Engineer.
(6) 
General construction details of the proposed walls must be provided as part of preliminary major subdivision or site plan applications. The final design of the construction details of the proposed walls must be provided as part of final major subdivision or site plan applications.
J. 
No fence or wall shall be erected so as to encroach upon a public right-of-way.
A. 
A certificate of occupancy shall not be issued for a new residential structure which is the subject of a major subdivision or site plan, located in an area serviced by Monmouth Consolidated Water Company unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant which has been tested and approved, as measured down to the center line of connecting public streets, is 400 feet or less.
B. 
Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distance between fire hydrants.
C. 
Fire hydrants shall not be placed at the closed end of the turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac.
D. 
The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter, but rather, the proper installation of fire hydrants shall be a condition of the issuance of certificate of occupancy; however, all costs shall be borne by the developer.
E. 
Flow capacity classification.
(1) 
All fire hydrants shall be classified as follows:
(a) 
Class A: flow capacity greater than 1,000 gallons per minute.
(b) 
Class B: flow capacity of 500 gallon per minute.
(c) 
Class C: flow capacity of less than 500 gallons per minute.
(2) 
Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressure.
F. 
All fire hydrants shall be painted in accordance with the standards of the Middletown Township Department of Public Works, Parks, and Engineering or the following schedule. The tops of nozzle caps shall be painted the color indicated for each of the following classes:
Class of Hydrant
Color
A
Green
B
Orange
C
Red
G. 
All fire hydrant barrels will be painted with white fluorescent paint.
H. 
All fire hydrants installed in the municipality shall have no less than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch pumper nozzle. All threads are to be in accordance with the specifications of the Fire Department of Middletown Township.
I. 
Hydrants shall be set plumb with nozzles 18 inches above the ground or, where they are to be placed in hose houses, 18 inches above the floor.
Site plan and subdivision layouts shall comply with the following:
A. 
No structure or parking areas including but not limited to commercial business and residential buildings, or fill, will be allowed within 30 feet of the existing ponds, lakes, floodways, streams, wetlands, marshlands, or riparian lands.
B. 
Any other resource protection area, as herein defined, including but not limited to marshlands (areas wherein standing water is retained for 24 or more consecutive hours and to which vegetation unique to marshes, swamps, or wetlands has become adapted) and areas where conservation is required, shall not be encroached upon if, in the opinion of the Township Engineer, through consultation with the Environmental Commission, encroachment or construction upon such resource area will constitute a hazard to existing drainage patterns and balance of the natural environmental systems within and adjacent to the area of the site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Where a floodplain encroachment permit is required, design shall comply with §§ 540-943 and 540-527.
A. 
Commercial garages.
(1) 
Underground garages shall be properly lighted and equipped with firefighting devices, with mechanical or other ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one part in 10,000 (0.01%) or the concentration of gasoline vapors in excess of 20% of the lower explosive limit.
(a) 
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-hour fire resistance.
(b) 
Roofs of garages may be landscaped or utilized for approved recreation uses such as, but not limited to, tennis courts.
(c) 
The garage shall be designed to be properly drained.
(2) 
A garage which is within the building line of a commercial building shall contain not more than 50 parking spaces. Such shall be lighted, equipped with fire extinguisher, shall have a ceiling height of at least 10 feet, and shall be equipped with heat and smoke detector and with natural and mechanical ventilation adequate to prevent the accumulation of carbon monoxide or exhaust fumes in excess of one part in 10,000 (0.01%) or the concentration of gasoline vapors in excess of 20% of the lower explosive limit.
(3) 
An accessory commercial or industrial building garage shall be fully enclosed and have a full roof covering all parking spaces.
(a) 
Such garage shall contain at least four parking spaces.
(b) 
No portion of more than one level shall be above ground.
(c) 
All levels shall be lighted, properly ventilated, and any underground levels shall meet all the requirements set forth above for an underground garage.
(4) 
No freestanding commercial garage or parking structure building shall be placed nearer than 100 feet to a side or rear property line. In no case shall a commercial garage or parking structure be permitted between a street frontage and commercial building.
(5) 
All garages shall have adequate security provisions.
(6) 
Only passenger vehicles, small vans, pickup trucks, and similar vehicles, whether such carry passengers or commercial plates, may be parked in any parking space for extended periods.
(7) 
Garages and parking areas shall be used as automobile parking units only, with no sales, dead storage, dismantling or servicing of any kind permitted.
(8) 
Underground, structured garages or grouped parking facilities for nonresidential uses shall be subject to the applicable regulations of the Zoning Ordinance, including requirements for ventilation, lighting, and safety.
B. 
Residential garages.
(1) 
Any portion of a garage located under a principal or accessory building shall have a ceiling of protected construction of not less than one-and-one-half-hour fire resistance.
(2) 
Private garages which are an integral part of an individual dwelling unit or which are within a building accessory to a single-family detached dwelling shall be subject to the following requirements:
(a) 
Each parking space shall contain a minimum of 240 square feet of floor area.
(b) 
On any lot developed for single-family use which is 45,000 square feet or more in lot area, private garage space may be provided for not more than five motor vehicles.
(c) 
On any lot developed for single-family use which is less than 45,000 square feet, private garage space may be provided for not more than three motor vehicles.
(d) 
Within a private garage which is integral to an individual dwelling unit in a multifamily building, space may be provided for not more than two motor vehicles.
(3) 
A private garage for an individual dwelling unit shall not have access thereto from another dwelling unit or garage.
(4) 
Garages, whether attached or detached, shall be arranged to open to the side or rear of the lot, except fully detached garages located entirely to the rear of the principal building.
(5) 
Detached garages and other accessory buildings shall be no more than one story and 16 feet in height to the peak roof line.
(6) 
The architectural design and materials used in the construction thereof 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.
A. 
Gasoline station canopies are permitted on all existing or proposed gasoline stations.
B. 
In no case shall any gasoline station canopy project beyond a property line.
C. 
Where a gasoline station abuts any residential use, no portion of a canopy shall be placed within five feet of the property line.
D. 
Signs attached to gasoline station canopies shall comply with the provisions of § 540-635, Signs.
A. 
Guardrails, pipe railing, or other appropriate barricades, as required by the Municipal Agency, shall be designed and placed at drainage structures, streams, embankment limits, curries, and other required locations.
B. 
Guardrails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission.
A. 
All areas not devoted to structures, parking areas, or other required uses shall be appropriately graded, landscaped and maintained in accordance with the landscaping plan approved by the Municipal Agency.
(1) 
All nonpaved areas in residential, commercial, industrial, public and semipublic buildings in the area shall be suitably landscaped with lawn, trees, shrubs, and other landscape materials. Landscaping plans shall include provisions for watering of landscaped areas. Such methods shall be adequate and acceptable to the Township Engineer.
(2) 
In nonresidential zone districts, a minimum of 15% of the lot or tract area, not including any parking areas or drives, shall be devoted to landscaped open space, which may include existing vegetation.
(a) 
The exterior perimeter and yards of all buildings shall be properly landscaped and lighted.
(b) 
The exterior perimeter of all buildings shall include a landscaped strip at least four feet wide, suitably planted with shrubs, trees, and ground cover.
(c) 
Yard areas and open spaces of buildings shall contain the equivalent of at least two shrubs and one shade or ornamental tree for each 1,500 square feet of yard area, not including areas devoted to parking.
(d) 
Existing healthy specimen trees may be included in satisfying these requirements.
(3) 
Whenever possible, natural features will be preserved.
(4) 
Landscaped areas not dedicated to the Township shall be maintained by and at the expense of the owner(s) or an approved agent thereof.
(5) 
The landscaping plan should observe the following design principles:
(a) 
Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north for wind breaks.
(b) 
Use landscaping to accent and complement buildings. For example, groups of tall trees to break up long, low buildings and lower plantings for taller buildings.
(c) 
Landscaping shall be provided for public areas, recreation sites, and adjacent to buildings.
(d) 
Landscaping plans shall provide for a variety and mixture of plantings. The variety shall consider susceptibility to disease, colors, seasonal interest, textures, shapes, blossoms, and foliage.
(e) 
Local soil conditions and water availability shall be considered in the choice of landscaping. Consideration shall be given in the choice and location of plant materials to screen or create views, to define boundaries between private and common open space, to attenuate noise, to articulate outdoor spaces and define circulation systems.
(f) 
With the exception of lawns, planted areas adjacent to hard surfaces should have wooden edges, raised borders, or similar structures to prevent soil washing over the adjoining paths.
B. 
Tracts being developed for the construction of two homes or more shall have a landscaping plan submitted to the Municipal Agency by the developer.
(1) 
The plan shall include suitable shade trees on the street side of lot lines spaced not less than 30 feet apart and shall specify the location of planting material, their minimum sizes, quantity, variety, and species.
(2) 
Trees shall meet planting requirements as specified in sections of this chapter relating to planting of trees.
(3) 
The plan shall indicate the location of all existing shade trees of six-inch or greater caliper, measured three feet above ground level, and of all existing ornamental trees of three-inch or greater caliper, measured one foot above ground level. Trees which are required to be removed shall be noted.
(4) 
Street trees shall be provided in accordance with § 540-645 of this chapter.
(5) 
Buffers are to be provided in accordance with § 540-606 of this chapter.
(6) 
Additional trees in single-family subdivisions and multifamily developments. Besides screening and street tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Municipal Agency at time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. The type of plantings may vary from those listed under shade tree requirements and may include flowering types and/or evergreens, not exceeding 30% of the total plantings.
C. 
Applicants for major subdivision or for site plan approval shall submit a landscaping plan for approval by the Municipal Agency, which plan shall be designed, prepared, and duly signed and sealed by an architect, engineer, or certified landscape architect licensed under the applicable laws of the State of New Jersey.
(1) 
The landscaping plan shall specify the location of planting material, their minimum sizes at time of planting, quantity, variety, and species (common names). The landscaping plan shall be forwarded for advice and comment to the Township Engineer's office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The landscaping plan shall show the location of all existing shade trees of six-inch caliper or greater, measured three feet above ground level, and of all existing ornamental trees of three-inch caliper or greater, measured one foot above ground level, and shall show all trees which are required to be removed.
(3) 
A minimum of 15% of a site plan shall be reserved for landscaping, which shall be reasonably distributed within the area and which shall include suitable shrubbery in a planting strip not less than four feet wide on the front, sides, and rear of any building structure.
(4) 
In parking areas, 500 square feet within each 10,000 square feet shall be landscaped with plant material reasonably distributed in the area. Any landscaping counted within this area shall not be considered as fulfilling the percentage of coverage of landscape requirements of this article set forth in Subsection C(3) above.
(a) 
One pollution-resistant shade or ornamental tree, as hereinafter defined, shall be planted for every 10 parking spaces. These shall be reasonably distributed in parking areas, and in landscaped areas combined with shrubbery. The base of each tree shall be left free of pavement for a diameter of not less than eight feet.
(b) 
Pollution-resistant shade trees shall be planted along all undedicated roads, drives, and parking areas. One tree is required for each 30 feet of curbing, edge of pavement or designated area.
(c) 
Pollution-resistant trees referred to above shall be selected in accordance with requirements set forth in § 540-645 of this chapter.
(d) 
Areas in which parking is not permitted, pursuant to this chapter, shall be landscaped using trees, shrubs, grass or other plants of suitable size and variety in a plan compatible to the area.
(e) 
Parking of motor vehicles on landscaped areas, on grass, or against trees and shrubbery, shall not be permitted in business, commercial, industrial, and professional areas.
(5) 
Bases of trees and other landscaped areas shall include suitable ground cover so as to discourage the growth of weeds.
(a) 
Suitable ground covers include ivy, creeping myrtle, and pachysandra.
(b) 
Non-plant material such as shredded bark mulch, clear hardwood chips, and licorice root shall be placed at least four inches thick.
(6) 
Nonresidential uses in residential zones shall have landscaping to the extent that the area in lawn or shrubbery shall equal a minimum of 15% of the maximum floor area of all nonresidential buildings and structures, but in no event less than Subsection C(3) above.
(7) 
Any use required by this chapter or requested by the Planning Board to provide a buffer shall comply with the buffer regulations in accordance with § 540-606 of this chapter.
(8) 
In conjunction with all uses other than single-family homes, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands, or other required improvements, shall be landscaped in a manner acceptable to the Municipal Agency.
D. 
Parking lots of five or more space shall be landscaped as follows:
(1) 
An area within the parking area equal to 5% of the parking area shall be landscaped with trees, shrubs, and ground cover.
(2) 
At least one shade or ornamental tree and two shrubs shall be provided for each 10 parking spaces. Planting areas shall be at least eight feet in diameter at the base of each tree.
(3) 
Ground cover shall consist of ivy, creeping myrtle, pachysandra, or shredded bark mulch, or other similar material acceptable to the Municipal Agency, at least four inches deep.
(4) 
No parking lot shall contain more than 20 spaces in a row in a business, commercial or industrial zone, nor more than 15 spaces in a row in a residential zone, without interruption by a landscaped divider at least eight feet wide.
(5) 
All parking areas for 20 or more vehicles shall contain grassed or landscaped island areas of at least eight feet in width separating rows of parking spaces.
(a) 
Such island areas shall be located within the parking area in accordance with the site plan approved by the Municipal Agency and shall occupy a minimum of 10% of the area formed by the outer perimeter of the paved parking area.
(b) 
The island area shall contain a minimum of one shade tree for each four parking spaces along the edge of the parking island and shall be landscaped in accordance with the landscaping plan approved by the Municipal Agency.
(6) 
The buffer screen around the parking lots and loading and unloading areas may include fencing of wood, cement, or other construction material provided that not more than 25% of the fence is open on its vertical surface. In such cases, evergreens and deciduous trees and shrubs shall be planted along the fence to break up the monotony of the fence.
(7) 
The required height for a landscaping screen shall be measured in relation to the elevation of the land at the edge of the adjacent area or structure to be buffered.
(a) 
In such cases as the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area to be buffered, the required height of the screen shall be increased in an amount equal to the difference in elevation.
(b) 
In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area to be buffered, the required height of the screen may be reduced to the amount equal to said difference in elevation, provided that in no case shall the required height be reduced to less than three feet.
(8) 
Sidewalks and paved pathways shall be provided from each parking space or area to the appropriate destination, minimizing the crossing of streets and parking aisles. All pedestrian crosswalks, access aisles and streets, shall be properly marked with striping or a change in the street paving material.
(9) 
Parking lots or unloading areas of commercial, business, or industrial uses abutting residential uses shall provide a landscaped buffer screen at least 50 feet wide on the perimeter of all parking or loading areas.
E. 
Shade and ornamental trees, shrubbery, and other plants to be used for landscaping shall be supplied and installed according to the specifications contained herein. All planting, clearing, selective thinning, topsoiling, seeding, and other landscaping work shall conform to the applicable requirements of the standard specifications.
(1) 
Shade trees shall be of a type and size and in locations as shown on the landscape plan approved by the Municipal Agency and shall be planted according to its specifications. All such trees must meet the minimum standards of the American Nurserymen's Association.
(2) 
A list of appropriate species of trees and ground covers may be obtained from the Township, which list shall include the approved list of the Monmouth County Shade Tree Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
As far as possible, each street block in a subdivision shall be confined to one variety or varieties that exhibit similar crown shapes at maturity and have similar growth rates. It is desirable that the other neighboring street blocks differ in the variety used.
(4) 
Trees shall not be less than three-inch caliper measured 12 inches above the butt and not less than 12 feet high. They must be well branched, the branches to start not less than six feet from the crown of the root system.
(5) 
When authorized by the Municipal Agency, ornamental trees may be planted instead of shade trees. They may be of a smaller size than shade varieties.
(a) 
These trees shall be not less than two-inch caliper, measured 12 inches above the butt, nor less than eight feet high.
(b) 
They must be well branched, the branches to start not less than three feet from the crown of the root system.
(6) 
All trees must be planted in the location approved by the Municipal Agency.
(a) 
Large-growing shade trees shall be located not closer than five feet from the edge of the existing or future sidewalks on the property owner's side adjacent thereto, in a place which shall not interfere with utilities.
(b) 
Trees are to be no less than 25 feet from intercepting curbs at street corners and not more than 30 feet apart.
(c) 
Excavations for plantings must be not less than 18 inches deep and not less than 30 inches in diameter. A seepage area shall be provided by loosening the soil to a depth of one foot below the excavation.
(d) 
Planting soil shall be composed one part peat, one part humus and one part of parent soil (all mixed thoroughly), to which shall be added and mixed in two pounds of bone meal or its equivalent.
(e) 
Each tree shall be given a minimum of five gallons of water at the time of planting.
(f) 
Staking and guying for trees subject to this chapter shall be white or red cedar, oak, or locust treated with an acceptable wood preservative, and must be five feet above ground and not less than two inches in diameter.
[1] 
At least three stakes must be driven securely into the ground, one preferably on the northwest side of the tree trunk.
[2] 
Trees shall be guyed with wire padded with rubber hose or plastic straps.
[3] 
It shall be the responsibility of the developer to remove the stakes and guying within 24 months to 30 months after planting.
(7) 
Removal of all planting debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting practices.
(8) 
Notice must be given to the Township Engineer's Office three days prior to the start of planting in order that the stock may be inspected for variety, condition, size, and quality. All work shall be in accordance with specifications of the Township Engineer's Office.
(9) 
The varieties or species of shrubbery and other plants selected for landscaping and screening shall be subject to the approval of the Municipal Agency. Evergreen plantings may be interspersed with or placed with appropriate deciduous plantings.
(10) 
All plantings must be at least the maximum mature plant distance from the foundation, wall or fence, but not less than two feet therefrom.
(a) 
One evergreen is required for each five feet of the foundation wall or fence, including side surfaces or projecting porches or steps.
(b) 
Rear exposure may be exempted under circumstances as determined by the Municipal Agency.
(c) 
Varieties will be selected and specified as appropriate to sun and wind exposures and will be suitable in mature size for the location to be planted.
(d) 
Excavations for each plant shall comply with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
(11) 
Planting soil in the excavation shall comply with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended. Fertilizer should be applied in an amount in conformance with the said specifications.
(12) 
There shall be no pieces or chunks of plaster, mortar, or other lime-containing material, or loose lime around foundation plantings or other planting areas.
(13) 
Each evergreen and deciduous shrub planted shall be mulched with clear hardwood chips or ground pine bark or other material approved by the Municipal Agency, four inches deep out to the branch tips within two days after planting.
F. 
Topsoil protection shall be enforced according to requirements of § 540-647 of this chapter. Where necessary, topsoil temporarily stored shall be stabilized in conformance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
G. 
No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Where grading may be required, trees not shown for removal shall be walled in and extension tiled to the outer crown of the tree.
H. 
Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth.
(1) 
No tree of eight-inch caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed, except for the installation of a driveway aisle or parking area, unless such approval is in accordance with a plan approved by the Municipal Agency.
(2) 
The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide cleared, graded, and drained pathways approximately four feet wide through all public or quasi-public open space in heavily wooded areas.
(a) 
Such pathways should be situated so as to conform to the existing natural conditions and should remain unobstructed.
(b) 
These pathways are not intended to provide improved walkways, but only to provide easy access through open space areas.
I. 
Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the Township Engineer and Municipal Agency. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.
J. 
Removal of all planting debris is required. The property must be left in neat and orderly condition in accordance with good and accepted planting practices.
(1) 
All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law.
(2) 
No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development.
(3) 
All dead or dying trees, standing or fallen, shall be removed from the site.
(4) 
If trees and limbs are reduced to chips, they may, subject to the approval of the Township Engineer, be used as mulch in landscaped areas.
K. 
Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of § 540-622B(6) and C(8), provided that:
(1) 
Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material;
(2) 
All such salvaged and/or relocated plant material shall be of a type, size, and quality acceptable to the Township Engineer;
(3) 
All such salvaged and/or relocated plant material shall be dug, transported, and replanted at a season of the year and using equipment, methods and materials conforming to the requirements of the Standard Specifications and subject to the approval of the Township Engineer; and
(4) 
The developer has received the approval of the Township Engineer of the items to be relocated and the schedule and methods of relocation prior to any work or salvaging and/or relocation taking place.
L. 
A developer shall not be permitted to excavate land or remove trees, shrubs, and other plantings from a proposed building site or tract of land to be subdivided, or other undeveloped land on which an application is pending before the Planning Board or Board of Adjustment, until a landscaping plan has been approved by the Municipal Agency, except that 10% of the trees and plantings of any tract may be removed to facilitate preliminary engineering associated with an application by the developer to the Planning Board or Board of Adjustment.
M. 
Applicants or developers of any tract of land or building site shall be required to post a performance bond to cover the cost of the landscaping.
(1) 
The amount of the performance bond shall be set by the Township Engineer and posted with the Township Committee.
(2) 
It shall be posted before a certificate of occupancy is issued and shall be released only after expiration of a twelve-month period following certification by the Township Engineer that the total landscaping plan has been completed.
(3) 
A certificate of occupancy shall not be issued by the Building Inspector until all requirements of this chapter have been met.
N. 
Landscaped areas and sections, including trees, shrubbery, fences, and the grounds in and surrounding these sections, shall be properly maintained throughout the twelve-month period following certification, with recourse by the Township to the performance bond in the event of default by the developer or owner. All plantings which fail to survive for a period of 12 months following certification shall be replaced by the developer at no cost or expense to the Township. Such replacement shall be made within 60 days following written demand for such replacement from the Township Engineer, or within such extended periods as may be specified. If the developer refuses to do so, the Township shall have recourse to the performance bond to remedy his default.
O. 
All trees, shrubbery, and other plants which fail to survive for a period of 12 months following certification shall be replaced by the builder at no cost or expense to the Township. Said replacement shall be made within 60 days following written demand for such replacement from the Township Engineer, or within such extended periods as may be specified.
P. 
The Municipal Agency, after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings.
A. 
All parking areas for five or more motor vehicles shall be illuminated with approved exterior lighting standards, with a minimum of 1/2 horizontal footcandle average lighting level at the surface of the lot.
(1) 
The minimum lighting level at any location within the parking area shall be 75% of the average level.
(2) 
Freestanding lighting standards or poles shall not exceed by more than 10 feet the height of adjacent buildings served by the parking lot.
B. 
All major pedestrian walkways and sidewalks which are not within a street right-of-way or abutting a private internal street serviced by streetlighting and which are used by the public after sunset shall be illuminated with a minimum lighting level of 1/2 horizontal footcandle average at the surface of the walk.
[Amended 11-21-2011 by Ord. No. 2011-3046]
A. 
All site plans, subdivision and planned development layouts shall comply with the following requirements:
(1) 
Each development shall identify and map on-site critical areas. Such mapping shall depict the location of each of two classes of critical area in relation to the proposed development. Each class of area shall be distinguished graphically and the total area of each class within each lot shall be noted.
(a) 
Class I Critical Areas shall include all lands which are within one or more of the following:
[1] 
Tidal wetlands.
[2] 
Nontidal wetlands.
[3] 
The area of steep slopes which are 25% or greater.
[4] 
Surface waters and watercourses.
(b) 
Class II Critical Areas shall include all lands which are within one or more of the following:
[1] 
Steep slope areas where the slopes are 15% or greater, but less than 25%.
[2] 
Transition areas, insofar as they apply to freshwater wetlands, required pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
(2) 
Each lot shall contain a contiguous developable area in accordance with the buildable lot area as specified in the schedule in § 540-902. Up to 25% of the contiguous developable area of any lot can be Class II Critical Areas.
[Amended 12-18-2000 by Ord. No. 2000-2604]
(3) 
Any portion of any site or lot which is both a Class I and Class II Critical Area shall be considered as Class I only.
(4) 
When a development proposal meets the requirements of the FAR provisions of the Zoning Ordinance, but the site is substantially constrained with Class I and II critical areas or of unusual size or shape (i.e., nonrectangular), the developer must demonstrate that it can substantially comply with all Zoning Ordinance requirements including, but not limited to, setbacks, buffering, parking, building size and height. Where the Board concludes that such compliance is not met, a reduction in building size or number of lots may be required.
[Amended 12-18-2000 by Ord. No. 2000-2604]
(5) 
Each development shall be designed to minimize disturbance of critical areas during construction and subsequent use of the property. The following standards shall be adhered to:
(a) 
No fill or principal building shall be located within 30 feet of a tidal wetland.
(b) 
Principal nonresidential buildings and accessory buildings and structures, including open or enclosed parking, shall be set back at least 12 feet from any required freshwater wetland transition area.
(c) 
Where any yard of a residential development is within a freshwater wetlands transition area, the required yard setback shall be maintained between the building or structures and the transition area boundary.
(6) 
Where appropriate, and contingent upon the required approval of any other governmental agency, the Municipal Agency may approve the following where they do not impair the integrity of a critical area:
(a) 
Water-dependent buildings, structures or accessways.
(b) 
Buildings or structures incidental to the use of a critical area as public or common open space.
(c) 
Pedestrian or vehicular accessways.
(d) 
Structures necessary for shore protection or flood control such as bulkheads, or revetments.
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
C. 
Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by this chapter.
D. 
Unsuitable lots.
[Amended 12-18-2000 by Ord. No. 2000-2604]
(1) 
All lots created within the Township of Middletown shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse conditions, including but not limited to topography, rock formations, flood conditions, soils, wetlands and wetland transition areas or unusual size, shape or configuration, the Municipal Agency may withhold approval of such lots, or require revisions in a subdivision layout.
(2) 
Residential building lots shall be suitable where there exists adequate lot area for the construction of a principal structure as well as normal accessory residential uses such as, pools, decks, sheds and garages.
E. 
All lots are to be entirely graded.
F. 
Minimum of five substantially different front elevations with varied setback as approved by the Municipal Agency shall be used for dwellings in each subdivision.
G. 
Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns, and dwellings, and other authorized structures.
H. 
Prior to final plat approval by the Municipal Agency, two copies of the map shall be submitted to the Township Engineer for proper assignment of lot and block numbers and street numbers. One copy of said map shall be returned with the new numbers shown. The other copy will be retained for Tax Map purposes. Lot and block numbers will be assigned in accordance with the Tax Map specifications of the State of New Jersey, Department of the Treasury, as amended. Subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript. The use of letter designations should particularly be avoided.
I. 
Lot frontage. Each lot shall front on an approved street accepted or to be accepted by the Township.
J. 
All structures must be accessible by means of an approved driveway. The driveway must be not less than 10 feet wide and must have a center-line grade of not less than 0.5% and not greater than 10%. For all non-single-family uses, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.
K. 
Minimum circle diameter.
[Amended 3-5-2007 by Ord. No. 2007-2900; 5-21-2007 by Ord. No. 2007-2916]
(1) 
The building envelope for any lot shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed as follows:[1]
Interior Lot in Zone
Minimum Circle Diameter
(feet)
R-220
158
R-130
158
R-110
153
R-90
140
R-45
125
R-45A
NA
R-30
99
R-22
77
R-22A
NA
R-15
63
R-10
50
RTF
NA
R-7
50
R-5
32
RO
30
RR
70
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The minimum required circle diameter may be reduced by 40% at lots that predominantly front upon a cul-de-sac bulb.
(3) 
Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this section, or was established as part of a performance residential or cluster development, may be enlarged or expanded within its building envelope, provided that such expansion conforms to all other zone district regulations.
(4) 
The requirements specified in § 540-624K(1) shall not apply to lots created as a result of an approved performance residential development.
[Amended 3-15-2010 by Ord. No. 2010-3002]
Monuments shall be of a size and shape required by N.J.S.A. 46:26B-1 et seq., and amendments and supplements thereto and shall be placed in accordance with said statute. In addition to the required monuments after the grading is finished, the developer shall install a solid steel stake 3/4 inch to 7/8 inch in diameter, 30 inches in length, and including a cap identifying the surveyor's name and license number on lot corners, lot line angle points, or other changes in direction not marked by monuments, and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
For every building, structure, or part thereof having over 5,000 square feet of gross floor area erected and occupied for commerce, business, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials, or merchandise, there shall be provided and permanently maintained adequate spaces for standing, loading, and unloading services in order to avoid undue interference with the public use of streets or alleys.
(1) 
Every building, structure, or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length, and 14 feet in height.
(2) 
Such buildings that contain an excess of 15,000 square feet of gross building area will be required to provide additional off-street loading spaces as determined by the Municipal Agency during site plan review.
B. 
No part of any off-street truck loading or unloading space and backup area shall be located within the right-of-way of the public street, including the sidewalk area. Off-street truck loading and unloading spaces will be located and designed to permit any truck to maneuver from a driveway into and out of such space without encroaching upon any portion of a public street, existing or proposed right-of-way, including the sidewalk.
C. 
Whenever an off-street loading and unloading area shall be located next to a residential zone, said loading and unloading area shall be suitably screened and buffered subject to approval by the Municipal Agency.
D. 
Off-street loading and unloading areas shall be surfaced with an adequately designed durable, all-weather pavement of either bituminous concrete or portland cement concrete clearly marked for loading spaces.
E. 
Access to truck standing, loading, and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with public convenience, and will permit orderly and safe movement of truck vehicles.
F. 
Loading spaces as required under this section shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking space.
G. 
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
H. 
Off-street loading and unloading areas shall conform, as applicable to all design and locational standards set forth for off-street parking, including but not limited to those set forth in § 540-627 of this chapter.
[Amended 7-18-2005 by Ord. No. 2005-2825]
A. 
In all zones and in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided off-street parking spaces in accordance with the requirements and parking lot standards as contained in this section.
(1) 
Each dead storage bay of an off-street parking space may be perpendicular with the aisle, parallel with the aisle, or at any angle between 60° and 90°. No angle parking layout shall be permitted with an angle less than 60°.
(2) 
Off-street parking spaces shall be provided as further specified in this chapter with necessary passageways and driveways.
(3) 
All such spaces shall be deemed to be required space on the lot of which it is situated and shall not be encroached upon or reduced in any manner.
(4) 
Parking for mixed-use buildings.
[Amended 7-18-2005 by Ord. No. 2005-2825]
(a) 
A minimum of 3.5 parking spaces for every 1,000 square feet of gross commercial floor area shall be provided.
(b) 
Parking for residential uses shall comply with Residential Site Improvement Standards.
(c) 
Shared parking on adjacent parcels. When land uses on adjacent parcels create shared parking areas with pedestrian and/or vehicular circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the standards set forth in Subsection A(4)(a) and (b) above.
(d) 
Shared parking on noncontiguous parcels. Required parking for mixed-use buildings may be supplied at a noncontiguous parcel, provided:
[1] 
Parking is available within 1,000 feet of the mixed-use development;
[2] 
Both the mixed-use development and the parking facility comply with parking lot design standards; and
[3] 
Off-site parking spaces may not already be designated as required parking for some other use.
(e) 
Documentation confirming the ownership and/or management arrangement for any shared parking arrangement shall be submitted prior to approval by the Approving Authority.
(f) 
Properties with extra parking retain expansion rights equivalent to that number of extra spaces.
(g) 
Provided a mixed-use building(s) complies with off-street parking lot design standards, legal on-street parking along the tract's street frontage may be counted toward the development's minimum parking requirements.
(h) 
The minimum required number of parking spaces may be reduced by 25% provided a mixed-use building is within 2,500 feet of a designated transit stop.
(5) 
No commercial vehicle with a gross vehicle weight in excess of 10,000 pounds shall be parked out-of-doors overnight in a residential zone.
(6) 
See § 540-919C(4) for parking requirements applicable to mixed-use development in the B-1 Zone.
B. 
Parking for all uses in all zones shall not be located in any required front yard area, unless otherwise specified, nor between any existing or proposed building (or the extension of the plans of the exterior surface of any existing or proposed building to the lot boundaries) and any street right-of-way line.
(1) 
Parking for single- and two-family dwellings shall not be subject to yard area location restrictions, except that such parking shall be set back at least five feet from all property lines.
(2) 
Parking shall only be permitted with access aisles meeting the requirements of § 540-612.
(3) 
No parked vehicles shall block or obstruct sidewalks or walkways and no parking shall be permitted on lawn or landscaped areas, or other areas not intended, designed and/or approved for such parking.
(4) 
Parking areas for nonresidential uses shall not be located within 50 feet of any residential zone.
(5) 
Parking areas of five or more spaces shall not be located within 20 feet of any street or right-of-way line, except for private streets and drives, in which case, the minimum distance shall be eight feet.
(6) 
Parking facilities in business or industrial zones may be located in any yard space but shall not be closer than 20 feet from any street line.
(7) 
No area shall be used for parking unless it is large enough to provide for at least two contiguous stalls. For single- and two-family dwellings, the following shall apply:
(a) 
Garage space may provide for one of the required spaces, and the second space may be arranged in tandem.
(b) 
Garage space shall comply with requirements of § 540-619B of this chapter.
(8) 
All required parking spaces and facilities shall be located on the same lot or parcel as the structure or use it shall serve except, in the case of nonresidential uses, parking facilities may be provided on other lots or parcels within a radius of 500 feet from the boundary of the lot containing the use to which said parking spaces and facilities are accessory, provided that said lots are in the same ownership as the lot containing the principal use and subject to deed restrictions binding the owner and his or her successors and assigns to maintain the required number of spaces available and required facilities throughout the life of such use.
(9) 
Off-street parking areas shall be designed to prevent the maneuvering of vehicles into or out of parking spaces or the storage of vehicles within any portion of an entrance driveway or driveway lane that is within 20 feet of right-of-way line of a public street.
(a) 
Off-street parking areas shall be so designated to permit all vehicles to turn around on the site in order to prevent the necessity of any vehicles backing onto a public street from such site.
(b) 
No required off-street parking space including adjacent parking access lanes or maneuvering space shall be located within the existing or proposed right-of-way of public streets.
(10) 
Any site that provides temporary stopping space or maneuvering space for vehicles of customers or patrons seeking service at a roadside business establishment, such as a roadside grocery stand, filling station, drive-in bank, and others shall be located so that the stopping, stacking, maneuvering aisles are set back at least 10 feet from any existing, or where applicable, future, right-of-way line of a public street.
Figure No. 4, Safety Island Details
 
540 Fig 4 Safety Island Details.tif
(11) 
Where parking, other than for single- or two-family dwellings, is permitted between the front building line, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:
(a) 
The width of the safety island shall be that width between the proposed curbline to a point eight feet inside the property line. When this width is less than 18 feet, the parking area shall be reduced to provide a minimum width for the safety island of 18 feet. All required tree and shrub plantings shall be placed on the on-site portion of the safety island.
(b) 
When perpendicular or angled parking spaces abut the safety island, the stall depth shall be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and two feet outside the face of curb for 60° angle spaces. Such parking spaces shall be separated from access drives by curbed islands with a minimum width of 10 feet.
(c) 
Safety islands shall be landscaped, topsoiled, and seeded, except that they may, as an alternative to seeding, be provided with a cover or mulch of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.
(d) 
Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree three inches in caliper at breast height every 40 feet or part thereof, on all safety islands. A greater distance will be allowed for plantings, if necessary, for traffic safety. The area between trees shall be planted with evergreen-type shrubs sufficient to provide low-level screening of the vehicles in the parking area from the public street. The portion of the safety island within 25 feet of any access drive or the sight triangle of a street intersection shall be planted with evergreen-type shrubs less than 30 inches in height. Alternate or additional plantings may be permitted by the Municipal Agency in accordance with an approved site plan.
(e) 
No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted within 10 feet of the street right-of-way.
C. 
Each perpendicular or angle off-street parking space shall occupy a rectangular area of not less than nine feet in width and 18 feet in depth, exclusive of access drives and aisles, except that parking spaces for the physically handicapped shall be 12 feet wide and 18 feet in depth. Parallel parking spaces shall occupy a rectangular area nine feet by 21 feet.[1]
(1) 
The depth of perpendicular or angled parking stalls which abut a landscaped dividing strip shall be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and two feet outside the face of the curb for 60° angled spaces.
(2) 
Uses that own, rent or service motor vehicles larger than automobiles which must be parked and/or stored on the site shall indicate in the statement of operations submitted with the site plan, the size of such vehicles and the anticipated largest number of such vehicles to be stored and/or parked on the site at any single time.
(a) 
The site plan shall show a sufficient number of parking and/or storage stalls at any adequate size for the largest number of such vehicles to be parked and/or stored on the site at any one time.
(b) 
Aisles providing for access to such parking and/or storage stalls shall be of adequate width for the vehicles to be served.
(c) 
Failure of an applicant to indicate, where applicable, in the statement of operations that vehicles larger than automobiles are to be parked and/or stored on the site and provide for such parking and/or storage on the site plan shall be a violation of this chapter, and any building permit or certificate of occupancy that has been issued shall not be valid and may be revoked.
(d) 
Any change of use to a use which requires parking and/or storage space for a greater number of vehicles larger than automobiles than the previous use shall be required to make application for site plan approval.
(3) 
When off-street parking is provided in connection with a use which will assign or can control the utilization of parking areas (for example, employee only parking areas or commuter parking lots), the Municipal Agency may approve separate parking areas for subcompact vehicles. Within such areas, the Municipal Agency may approve the reduction of stall size to eight feet wide and 16 feet long, subject to the following:
(a) 
Appropriate signing and marking shall be required.
(b) 
The number of parking stalls which may be designed for subcompact vehicles shall be determined by the Municipal Agency based upon documentation submitted by the applicant.
(c) 
If no garage is provided, the parking spaces required by this chapter may not be located in any required front setback area, notwithstanding that parking is permitted in front setback areas by § 540-627B(1) of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
All parking areas, passageways, and driveways shall be surfaced with a properly designed, durable, all-weather pavement of either bituminous concrete or portland cement concrete and clearly marked for parking spaces.
(1) 
Parking areas for less than 50 cars, which the Municipal Agency determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 540-631.
(a) 
Rigid portland cement concrete pavement may be utilized at the option of the applicant, who shall submit pavement details for review.
(b) 
Minimum requirements shall be a thickness not less than five inches with reinforcing at least equivalent to welded wire fabric (66-10x10), Class "C" concrete (air-entrained) and appropriate expansion and/or contraction joints.
(2) 
In parking areas for 100 or more cars, access drives and aisles, which the Municipal Agency determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in § 540-631 of this chapter.
E. 
Sidewalks with a minimum width of four feet and a minimum thickness of four inches shall be provided in all parking areas for five or more vehicles, between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur.
(1) 
Sidewalks must be raised and curbed six inches above the parking area except where crossing streets or driveways and wherever pedestrian traffic shall occur.
(2) 
Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas.
(3) 
All sidewalk construction shall be in accordance with the applicable requirements of the standard specifications.
(4) 
Sidewalk areas crossing driveways shall be six inches reinforced with welded wire fabric (66-10x10) or equivalent approved by the Township Engineer.
F. 
Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast-in-place concrete curbing (see Figure No. 3 in § 540-611) with a six-inch face or such alternate curb types as may be approved by the Municipal Agency at the time of site plan approval.
(1) 
Concrete used should be in accordance with § 540-610 of this chapter and comply with the Standard Specifications.
(2) 
Curbing should comply with requirements of § 540-611 of this chapter.
(3) 
The Municipal Agency may waive the requirement for curb in parking areas open only to employees, service vehicles, or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.
G. 
All portions of every site, not utilized for pedestrian paths, parking, access drives, loading areas or approved outdoor storage and not covered by buildings or other construction shall be landscaped as provided in § 540-622 of this chapter.
(1) 
This shall include areas immediately adjacent to the site on public rights-of-way between curb and sidewalk or the property line of the site.
(2) 
Whenever off-street parking areas shall be located next to a residential zone, said parking areas shall be suitably screened and buffered subject to approval by the Planning Board.
(3) 
Every parking lot with more than 100 spaces shall be divided as nearly as possible into smaller lots of 50 spaces separated by landscaped dividing strips, excepting the area for access aisles.
(a) 
They shall receive topsoil and be seeded. The use of maintenance-free material other than seeding and topsoil may be permitted if the same provides a safe and attractive alternative.
(b) 
Unless otherwise approved by the Municipal Agency, said strips shall be planted with deciduous trees of two-inch caliper measured at four feet above the ground with a maximum distance between trees at ground level of 30 feet. All trees shall be planted in accordance with the appropriate requirements of § 540-606. The area between trees shall be planted with a minimum of three evergreen-type shrubs.
(c) 
All landscaping for dividing strips shall be shown as part of the detailed landscaping plan submission, where required.
(4) 
The plantings required within the parking areas shall be considered exclusive from any other plantings that may be required for screening or safety island planting.
(5) 
All parking areas shall be buffered in accordance with requirements of § 540-606 of this chapter and in compliance with the Standard Specifications.
H. 
All parking areas, appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial and industrial users to protect residential zones from the glare of such illumination and from that of automobile headlights.
I. 
All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to insure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Manual on Uniform Traffic Control Devices, except that all parking stall marking shall be "hairpin" style with eight inches between parallel stall dividing lines.
J. 
All parking areas shall provide traffic control signs and devices necessary to ensure safe and convenient traffic circulation. Such devices shall be in substantial conformance with the Manual on Uniform Traffic Control Devices.
K. 
Parking areas shall be so arranged as to provide adequate access to all buildings in case of fire or other emergencies.
(1) 
No parking shall be allowed within 20 feet of the outer walls of any nonresidential structure or within such other adequate distance as the Municipal Agency, in consultation with Township fire officials, may approve.
(2) 
Free access between adjacent parking areas shall be provided.
(3) 
The developer shall post adequate signs and provide pavement markings, approved by the Municipal Agency, prohibiting such parking in designating such areas as fire zones.
L. 
Driveways, aisles, and access roads shall be provided according to requirements of § 540-612 of this chapter.
(1) 
No unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners of adjacent properties, or if required by the Municipal Agency, shall normally be limited to one opening, providing two lanes of traffic and shall be located in such a manner as to offer continuity of a similar access drive on the adjacent property.
(2) 
The opening shall occur at a point having the greatest distance from the street line which would facilitate the joining of properties.
(a) 
Access shall normally be denied across the remainder of the side lines by construction of a landscaped dividing strip, five feet in width on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip at least five feet wide.
(b) 
All dividing strips shall be landscaped as provided in this section.
(c) 
The Municipal Agency may also require that provision be made for future connection to adjacent undeveloped properties.
M. 
In the event that parking is proposed on a lot or site having a slope greater than 10%, regardless of size, it shall be terraced, utilizing retaining walls or properly reinforced embankment slopes and providing for adequate safety, stability and drainage.
(1) 
At no time should an embankment slope that is not reinforced, or any other earthen material having a greater elevation than the adjacent parking area, have a slope exceeding a ratio of three to one.
(2) 
When retaining walls, terraces, embankment slopes or similar types of earthen-retaining devices are necessitated adjacent to or within the parking area, they shall be kept in good repair or otherwise maintained so as to keep the parking area free of debris and dirt.
N. 
In multifamily residential zones, and performance residential developments, the following standards shall be used:
(1) 
The number of parking spaces required shall be specified in each zone.
(2) 
Parking spaces are not permitted along major interior or internal streets.
(a) 
Limited parking, not to exceed 15% of the total parking requirements, may occur directly on one side of secondary internal streets.
(b) 
No parking or intersections are permitted along an internal street within 60 feet of a major entrance to a development.
(3) 
Parking is permitted only in parking lots, garages, within townhouse lots or front yards, or along secondary interior streets.
(4) 
All parking lots or areas adjacent to the cartway of a major street shall be separated by a landscaped strip at least eight feet wide.
(5) 
All internal private streets along which no parking is permitted shall have a minimum paved roadway between curbs of:
(a) 
Eighteen feet wide for one direction of movement on non-collector roads and internal driveways.
(b) 
Twenty-four feet wide for two directions of movement of non-collector streets and internal driveways.
(c) 
Thirty feet wide for collector roadways and internal roadways, if rollover curbs are provided.
(d) 
Thirty-six feet wide for collector roadways and internal roadways, if no rollover curbs are provided. When parking is permitted, the minimum paved width shall be approved by the Township Engineer.
(6) 
No internal street or parking area may be situated closer than 30 feet to any tract or lot line.
(7) 
Interior streets, parking areas, dwelling unit entranceways and pedestrian walks shall be provided with sufficient illumination or minimize hazards to pedestrians and motor vehicles using the same and shall, where necessary, be shielded to avoid disturbing glares to occupants or buildings. Lighting shall be arranged to reflect away from all adjoining residential buildings.
(8) 
Uncovered parking areas shall be lighted in such a manner that all dwelling units, adjacent uses, and public roads are fully shielded from glare. Not more than 15 uncovered spaces may be placed along an internal street in a continuous line before there is interposed a curbed, landscaped divider at least eight feet wide, and at least 18 feet long. Islands separating rows of parking shall be at least eight feet wide.
(9) 
In addition to the above requirements for parking spaces, there shall be provided one space for recreational vehicles for each 25 dwelling units. Such recreational vehicle spaces shall be at least 10 feet wide by 30 feet long and shall have adequate driveway or aisle width for turning, generally shall be located in rear areas of the tract away from the public view, and screened on at least three sides by a six-foot-high fence, or berm with full landscaping of equal height. Only recreational vehicles and boats on trailers may be parked in recreational vehicle parking spaces. Such vehicles shall not be used or occupied overnight, or inhabited in any other manner when parked in the development. No boats not on trailers, no campers without shells, no non-wheeled vehicles, and no wheeled vehicles shall be permitted supported by blocks or similar devices for longer than one season. No passenger cars at all will be permitted to be parked in this area.
O. 
Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps. The design, location, and quantity of parking spaces for the physically handicapped shall be provided in accordance with all applicable state and federal regulations. The minimum number of accessible parking spaces provided shall be determined by the following table, and shall comply with the requirements of the Americans with Disabilities Act.[2]
Total Parking Spaces in Lot
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20 plus 1 for each 100 over 1,000
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
P. 
Parking lots having 50 or less spaces shall be designed in accordance with the minimum design requirements contained herein.
(1) 
Parking areas shall not be located within 20 feet of any street or right-of-way line.
(2) 
A ten-foot unbroken landscaping strip along side and rear property lines. The ten-foot landscaping strips shall have the same minimum planting requirements as safety islands, except that:
(a) 
Where screening is required under this chapter, the screening requirements shall take precedence.
(b) 
Where the property abuts a lot zoned for nonresidential purposes, but utilized for residential purposes, the Planning Board may also require screening.
(3) 
No more than one two-way access drive or two one-way access drives shall be permitted on any street.
(4) 
Where possible, access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street.
(5) 
No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall, except for residential parking where permitted.
(6) 
All parking areas for 10 or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives.
(a) 
For multifamily uses, such lights shall be operated from dusk to dawn and for all other uses when the site or structure is occupied. Freestanding light poles shall be no higher than the height of the highest principal building plus five feet.
(b) 
Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.
Q. 
Parking lots which have a capacity for parking more than 50 vehicles shall be designed in accordance with the minimum design standards contained herein.
(1) 
All the minimum design standards for small parking areas.
(2) 
All entrance drives shall extend a minimum distance of 100 feet back from the street curbline or to an access aisle.
(3) 
All exit drives shall extend a minimum distance of 60 feet back from the street curb or to a major access aisle.
(4) 
No parking stalls shall utilize the required entrance and exit drives or major circulation drives as access aisles.
(5) 
Wherever feasible, access drives located along one-way streets or divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.
(6) 
Access drives shall not be located closer than 100 feet from the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers, which in the opinion of the Municipal Agency will generate large traffic volumes, access drives shall not be located closer than 200 feet from the nearest right-of-way line of an intersecting street.
(7) 
No driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.
(8) 
Properties having a frontage in excess of 500 feet on any one street shall be permitted two-way and one-way access drives providing for not more than two entrance and two exit movements on the street. Properties having a frontage in excess of 1,000 feet on any one street may be permitted to have additional access drives, subject to the approval of the Planning Board.
(9) 
Where the Municipal Agency determines that the total number of off-street parking spaces required by this chapter may not be immediately required for a particular use, it may permit a staged development plan, which requires that only a portion of the parking area, but not less than 75% of the required spaces, be completed initially, subject to the following regulations:
(a) 
The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this chapter.
(b) 
The site plan shall provide for adequate drainage of both the partial and total parking areas.
(c) 
The portion of the parking area not to be paved initially shall be landscaped in accordance with § 540-606 of this chapter.
(d) 
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article 7 of this chapter,[3] which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
[3]
Editor's Note: So in original.
(e) 
In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either:
[1] 
Install the additional parking shown on the site plan and apply to the Construction Official for issuance of a permanent certificate of occupancy; or
[2] 
Apply to the Municipal Agency after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate.
[a] 
If the Municipal Agency determines that the parking facility is adequate as originally constructed, the performance guarantees may be released and a permanent certificate of occupancy issued.
[b] 
If, however, the Municipal Agency determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guarantees prior to issuance of a permanent certificate of occupancy.
(f) 
Any change of use on a site for which the Municipal Agency may have approved a partial paving of off-street parking area, to use which requires more parking spaces than are provided on the site, shall require submission of a new site plan.
R. 
Minimum off-street parking spaces required.
(1) 
Ambulance service. One parking space for each 300 square feet of gross floor area plus one space for each ambulance.
(2) 
Automotive repair garage or body shop. One parking space for each 400 square feet of gross floor area.
(3) 
Automotive sales and service. One parking space for each 400 square feet of gross floor area shall be provided for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display, and storage.
(4) 
Automotive service station. Five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be less than five off-street parking spaces.
(5) 
Banks, savings and loan associations and similar financial institutions. One parking space for each 200 square feet of gross floor area.
(6) 
Bar, cocktail lounge, nightclub, family entertainment restaurant, including restaurants with bars. One parking space for each 50 square feet of gross floor area.
(7) 
Barber and beauty shop. Three parking spaces for each chair (if known), but not less than one parking space per 200 square feet of floor area.
(8) 
Bowling alley. Three parking spaces for each alley. Other commercial uses within the same building will be computed separately in accordance with this section.
(9) 
Business offices and mixed office uses. One parking space for each 250 square feet of gross floor area.
(10) 
Car washes. Five parking spaces for employees plus off-street storage (stacking) space equal to at least five times the number of cars that can be in the wash process at one time. For self-wash or self-service car washes, the requirement for employee parking shall be eliminated.
(11) 
Church, temple or chapel. One parking space for each four seats in the main congregation seating area. Where no individual seats are provided, 20 inches of bench shall be considered as one seat. Where seats or benches are not provided, or are provided only in a portion of the main congregation seating area, one parking space for each 50 square feet of floor area within the main congregation seating area.
(12) 
Community center, library, museum, art gallery. One parking space for each 200 square feet of gross floor area.
(13) 
Dental or medical offices. One parking space for each 150 square feet of gross floor area.
[Amended 12-27-1994 by Ord. No. 94-2389]
(14) 
Dinner theater. One space for each two seats, plus one space per employee.
(15) 
Drive-in restaurant. One parking space for each 35 square feet of gross floor area.
(16) 
Dwellings. Two parking spaces for each single-family dwelling. Two parking spaces for each unit in a two-family dwelling.
(17) 
Farmers market, auction market. One parking space for each 1,000 square feet of land area in the site.
(18) 
Furniture, appliance stores, or similar types of uses requiring large amounts of storage. One parking space for each 400 square feet up to 4,000 square feet, plus one parking space for each 800 square feet of gross floor area above 4,000 square feet.
(19) 
Government office. To be determined by the approving authority, except that governmental offices within privately owned buildings shall provide a minimum of one parking space for each 150 square feet of gross floor area.
(20) 
Gymnasium. One parking space for each 300 square feet of gross floor area.
[Amended 12-27-1994 by Ord. No. 94-2389]
(21) 
Gymnastic school. One parking space for each 450 square feet of gross floor area.
[Amended 12-27-1994 by Ord. No. 94-2389]
(22) 
Hardware, auto supply stores. One parking space for each 400 square feet of gross floor area.
(23) 
Health spa or athletic club. One parking space for each 200 square feet of gross floor area.
[Amended 12-27-1994 by Ord. No. 94-2389]
(24) 
Hotel, motel. One parking space for each rental unit. Each commercial use within the building shall be computed separately according to the requirements for such use set forth herein. The approving authority may allow up to 50% of the required parking for commercial uses in the hotel or motel to be satisfied by guest room parking.
(25) 
Laundromats or similar coin-operated cleaning. One parking space for each 200 square feet of gross floor area.
(26) 
Manufacturing or industrial establishment, research or testing laboratory, bottling plant or similar uses. One parking space for each 500 square feet of gross floor area.
(27) 
Marina, boat yard, boat sales. One and one-half parking spaces for each boat slip or mooring. Where no boat slips or moorings exist, one space for each 300 square feet of gross floor area.
(28) 
Meeting rooms, assembly, or exhibition hall. One parking space for each 50 square feet of gross floor area.
(29) 
Mixed professional office building. One parking space for each 250 square feet of gross floor area.
[Amended 12-27-1994 by Ord. No. 94-2389]
(30) 
Mortuary, funeral home. One parking space for every 100 square feet of gross floor area.
(31) 
Nursery school, day-care centers, child-care centers or similar uses. Two parking spaces, plus one space for each seven children, based upon the maximum number of students permitted by operators license from the Division of Youth and Family Services or the maximum permitted by the Township, whichever is less.
(32) 
Private club. One space for each 250 square feet of gross floor area, plus one space for each 100 square feet of area devoted to bar or restaurant use.
(33) 
Professional office (other than medical). One parking space for each 250 square feet of gross floor area.
(34) 
Public and private utilities, electrical substation, gas regulator, water works, pumping station, and similar facilities. To be determined by the Planning Board based on the specific need of the use.
(35) 
Restaurant, cafe, delicatessen, diner. One parking space for each 50 square feet of gross floor area.
(36) 
Recreation facilities (indoor and outdoor). Those not specifically mentioned herein shall be determined by the approving authority based upon data submitted by the applicant.
(37) 
Retail stores, except otherwise specified. One parking space for each 150 feet of gross floor area.
(38) 
Senior citizen residential. Four-tenths of a parking space for each senior citizen dwelling unit.
[Amended 12-27-1994 by Ord. No. 94-2389]
(39) 
Studio. Art, music, dance, gymnastics, and similar for the purpose of giving instruction rather than shows or exhibitions: one parking space for each 100 square feet of gross floor area.
(40) 
Schools.
(a) 
Elementary. One parking space for each eight students based on design capacity.
(b) 
Middle or junior high school. One space for each five students based on design capacity.
(c) 
High school. One space for each three students based on design capacity.
(41) 
Shopping centers shall provide parking at the rate of 4.5 spaces for each 1,000 square feet of gross floor area. If more than 5% of the enclosed gross floor area of any shopping center is occupied by malls, lobbies, corridors, heating plants, or other space not utilized for direct commercial purposes, which in the opinion of the Planning Board will not generate a need for parking, the Planning Board shall allow the parking required to be based on the "gross leasable area" of the shopping center at the above rate. The "gross leasable area," for the purposes of this chapter, shall be defined as the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors.
(42) 
Theater (movie). One parking space for each two seats plus one space for each employee on the largest shift.
(43) 
Theater (non-movie). One parking space for each two seats.
[Amended 12-27-1994 by Ord. No. 94-2389]
(44) 
Veterinary clinics or hospitals or animal care facilities. One parking space for each 400 square feet of gross floor area.
(45) 
Warehouse, wholesale, machinery, or large equipment sales. One parking space for each 1,500 square feet of gross floor area, plus one parking space for each vehicle used in connection with the business.
(46) 
Hospitals and related uses.
(a) 
Hospital uses.
[1] 
One space per three beds (acute).
[2] 
Two spaces per each three employees on largest shift.
[3] 
One space per two doctors on staff.
[4] 
One space per each six student nurses.
[5] 
One space per two student technicians.
[6] 
One space per each two residents, interns, externs.
[7] 
One space per two visitors to Outpatient Department calculated over a nine-hour period between 8:00 a.m. and 5:00 p.m. during a normal, average working day.
[8] 
One space per 10 beds for visitors (extended care).
(b) 
Group practices professions, or other medical offices: one space per 200 square feet of gross floor area.
(c) 
Professional/business or administrative offices: one space per 300 square feet of gross floor area.
(d) 
Nursing, convalescent or rest home: one space per each three beds plus one space each two employees, including nurses and staff.
(47) 
Data center: one space per 600 square feet of gross floor area.
[Amended 10-15-2012 by Ord. No. 2012-3071]
(48) 
Health care facility: one space per 300 square feet of gross floor area.
[Amended 10-15-2012 by Ord. No. 2012-3071]
(49) 
Microbrewery/microdistillery: one space for 1,100 square feet of gross floor area or one for every two customers allowed based upon the number of seats in the tasting room, whichever is greater, plus one space per employee.
[Added 10-16-2017 by Ord. No. 2017-3209]
S. 
In computing the number of the above required parking spaces, the criteria contained herein shall apply.
(1) 
Where fractional spaces result, the required number shall be construed to be the nearest whole number.
(2) 
The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Municipal Agency upon that use mentioned. If there is no use enumerated herein having sufficient similarity to the use proposed to enable the Municipal Agency to establish reasonable parking requirements, the Municipal Agency may, in its discretion, direct the applicant to furnish the Municipal Agency with such data as may be necessary to enable the Municipal Agency to establish reasonable parking requirements.
(3) 
Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses on the same site or on an adjacent site, provided the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately by the above requirements unless substantial proof and assurances are presented and it is determined by the Municipal Agency that the use of this parking will not be simultaneous. Nothing herein shall prohibit the establishment of a common lot serving two or more businesses in a given area, which parking shall be in addition to the parking spaces which existed prior to the enactment of this section.
A. 
Public open space or common open space shall be proposed to be provided in conjunction with applications for development for subdivisions or site plans in accordance with requirements contained herein.
B. 
Natural features such as trees, brooks, hilltops, and views shall be preserved whenever possible in designing any subdivision containing such features.
C. 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Municipal Agency may further require that such streets, ways, basins, or areas be shown on the plat in locations and sizes suitable to their intended uses.
(1) 
The Municipal Agency may reserve the location and extent of such streets, ways, basins, or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer.
(2) 
Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations.
(3) 
The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development as required for final approval.
(4) 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use.
(a) 
In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxed apportioned to the land reserved and prorated for the period of reservation.
(b) 
The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
(5) 
Any land shown on the master plan as proposed for park, playground, school site, or other public use shall be designated and reserved for such use.
D. 
Where it is considered appropriate by the Municipal Agency, portions of proposed open spaces may be designated for passive and/or active recreational activities.
(1) 
Passive recreational activities may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas.
(2) 
Active recreation activities may include, but are not limited to, swimming pools, tennis courts, and ball fields.
(3) 
The location and shape of any land to be designated for recreational activities shall be approved by the Municipal Agency based on, but not limited to, the standards contained herein.
(a) 
The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.
(b) 
The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.
(c) 
The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.
(d) 
The Board shall request and consider recommendations from the appropriate Township officials.
(e) 
The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.
(f) 
The Board shall consider the sequence of development.
(g) 
The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.
E. 
Within open space areas, the Municipal Agency may require a developer to make certain site preparation improvements, which may include, but are not limited to those contained herein.
(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.
F. 
Open space areas within performance residential subdivisions shall be subject to these specific requirements and all provisions of this section.
(1) 
Each open space area should contain a minimum of one contiguous acre.
(2) 
Open space areas should not be less than 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 20 feet for a length not to exceed 250 feet.
(3) 
Where possible, certain 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.
(c) 
Existing watercourses, ponds.
(d) 
Land with a seasonal high water table of less than two feet.
(e) 
Wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 1987 and delineated on the New Jersey Wetlands Maps prepared by the New Jersey Department of Environmental Protection and Energy.
G. 
The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider subject to the approval of the Municipal Agency.
(1) 
These shall include:
(a) 
The Township of Middletown (subject to acceptance of the Township Committee).
(b) 
Other public jurisdictions or agencies (subject to their acceptance).
(c) 
Quasi-public organizations (subject to their acceptance).
(d) 
Homeowners' or condominium associations or organizations.
(e) 
Shared, undivided interest by all property owners in the development.
(2) 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Municipal Agency, which insure that:
(a) 
The open space area will not be further subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
(3) 
No final approval of a subdivision or site plan containing open space created pursuant to this section shall be granted until the following have been done:
(a) 
The developer has submitted and the Municipal Agency has approved the master deed for such open space, which shall include the annotation required.
(b) 
The developer has submitted and the Municipal Agency has approved the bylaws of the organization established pursuant to § 540-628H.
(c) 
The plat has been annotated to reference the dedication.
(d) 
The developer has submitted and the Municipal Agency has approved wording to be incorporated into each contract of sale for real estate within the development as required pursuant to § 540-628G(4).
(4) 
The developer shall be obligated to provide all prospective purchasers with a copy of the master deed and bylaws at least 48 hours prior to the signing of any contract for sale and the contract of sale itself shall acknowledge that said purchasers have received copies of same.
H. 
The Township or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Municipal Agency shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.
(1) 
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if said open space is not dedicated to the Township or other governmental agency.
(a) 
Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development;
(b) 
And thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.
(2) 
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Administrative Officer (Township Planner) may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition.
(a) 
Said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.
(b) 
At such hearing, the Administrative Officer (Township Planner) may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
(c) 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land.
(d) 
Said entry and maintenance shall not vest in the public any rights to use the open space by the owners. Before the expiration of said year, the Administrative Officer (Township Planner) shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development to be held by the Administrative Officer (Township Planner), at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Administrative Officer (Township Planner) shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Administrative Officer (Township Planner) shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Administrative Officer in any such case shall constitute a final administrative decision subject to judicial review.
(e) 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with intersect by the same officers and in the same manner as other taxes.
Where recreation areas and facilities are required or provided, the regulations and standards contained herein shall apply, along with appropriate sections of § 540-628 of this chapter.
A. 
Sufficient outdoor play and activity equipment shall be installed in accordance with standards of the National Parks and Recreation Association for the expected number of residents in the development.
(1) 
It should be located in an area which will not be detrimental to adjacent properties or uses.
(2) 
It should not produce objectionable features to emanate from such facility.
(3) 
The provision and location of such equipment shall be subject to Planning Board approval, after review by the Department of Recreation.
B. 
Private swimming pools in residential areas shall have a gross area of water and deck designed for the needs of the residents of the development.
(1) 
All swimming pools shall be fully enclosed by a six-foot chain link or other fully approved fence equipped with gates and locks.
(2) 
Shall have adequate lifesaving equipment.
(3) 
Within accessory building(s), shall have adequate lavatory facilities, plus, under lock and key, storage facilities wherein shall be kept all pool chemicals and equipment.
(4) 
All swimming pool facilities shall comply with the regulations set forth in § 540-646 of this chapter.
In order to preserve and assure the harmonious relationship of residential units to the comprehensive neighborhood pattern and to prevent undue similarity of design which may lead to undue impairment of the stability and value of residential units and produce neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety, morals, and general welfare of the inhabitants thereof and the ownership at large, no major subdivision shall be approved until the planned construction (including front, side, and rear elevations) of residential units has been reviewed and approved by the Design Committee in accordance with the standards enumerated below, or unless a waiver of these requirements has been granted by the Municipal Agency as provided for elsewhere in this chapter.
A. 
The residential unit shall be of such character, quality, or architectural design, and construction materials as will assure that the proposed structure will be in keeping with the general character of the area in which it is located:
(1) 
That the proposed structure will have a harmonious relationship to the comprehensive community plan;
(2) 
That the proposed structure is not likely to produce any of the harmful effects which lead to neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety, morals, and general welfare of the Township at large.
B. 
The floor plan for each residential unit shall be sufficiently different from the existing or planned residential unit immediately adjacent to it on either side and from the existing or planned residential unit on a lot which is immediately across a street from any portion of its lot or of the adjacent lots, to be deemed sufficiently different.
(1) 
Said floor plan shall have a substantial reorganization and relocation of the various living areas of the residential units.
(2) 
Mere variation or room sizes or reversal of floor plans, whether from side to side or front to back shall not be construed as sufficiently different.
(3) 
The front facade for each residential unit shall be substantially different from the front facade of any existing or planned residential unit within five lots in either direction on the same side of the street from any portion of the above described lots; in the case of the corner lots, the side and rear elevations of any existing or planned residential unit or any other corner lot at the same street intersection. To be deemed substantially different, the facade or side and rear elevation thereof, as the case may be, must be different in at least three of the following five respects:
(a) 
The relative location of a garage, if attached, a portico, if any, or any other such structural appurtenance with respect to the residential unit itself;
(b) 
The relative location or type of windows and doors;
(c) 
The type or pitch of the roof;
(d) 
The type of siding material;
(e) 
The type of roofing material, or the color thereof or the pattern.
(4) 
Not less than four different residential unit floor plans together with not less than three different front, side, and rear elevations for each.
(a) 
Such floor plans and elevations shall be sufficiently different and distinct so as to meet the design standards of this chapter.
(b) 
Such plans and elevations shall be accompanied by a map of the tract indicating the plan and elevation to be placed on each lot in the tract.
(c) 
In the event that the subdivider contemplates selling lots only or building custom designed and built residences, and so indicated on his application, this requirement shall be waived.
A. 
Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the standard specifications as modified herein. All subsurface utilities, including service connections (terminating at least two feet behind sidewalk) to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.
B. 
All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any development.
C. 
The pavement structure design for each particular development utilizing either a flexible or rigid pavement type shall be the responsibility of the developer or his engineer.
(1) 
The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer.
(a) 
As minimum requirements, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction details of the New Jersey Department of Transportation.
(b) 
Shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 1/2 inches for local, local collector, and minor collector streets and eight inches for other classifications.
(2) 
Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector, and minor collector streets.
(a) 
Having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, and a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense-graded aggregate base course to provide the remaining depth.
(b) 
An equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1; a minimum bituminous stabilized base course of not less than three inches, and a dense-graded aggregate base to provide the remaining depth.
(c) 
Bituminous stabilized base may be substituted for aggregate base on a one-to-three ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications.
D. 
All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements.
(1) 
Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted.
(2) 
The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer.
(3) 
In certain cases, special treatment may be required because of the character or nature of the subsoil.
(a) 
Such special treatment may include lime or cement stabilization, wet excavation, or construction of underdrainage fields.
(b) 
Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Township Engineer.
E. 
Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications.
(1) 
Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described.
(2) 
Dense-graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B.
(3) 
Portland cement concrete pavements must be constructed with a minimum of six inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E.
(4) 
Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.
F. 
Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications.
(1) 
Except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single-lift maximum thickness not exceeding four inches.
(2) 
Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.
G. 
Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the Standard Specifications.
(1) 
The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.
(a) 
Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer.
(b) 
Any areas of the base course in need of repair shall be removed and replaced at the direction of the Township Engineer.
(2) 
In the event the Township Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Municipal Agency.
A. 
When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators, or similar devices for cooling, heating, or generating purposes, outside or on top of any structure, they shall be screened from public view.
(1) 
This screening shall consist of densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season, along with a solid screening element.
(a) 
A solid and uniform fence at least five feet in height on four sides of said equipment.
(b) 
A masonry wall at least five feet in height on four sides of said equipment.
(2) 
Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles.
(3) 
Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.
B. 
The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.
A. 
Sanitary sewers and sewage disposal systems may be required by the Municipal Agency on advice by the Township Engineer or other competent authority.
B. 
The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Township of Middletown Sewerage Authority.
C. 
Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Township of Middletown Sewerage Authority and filed with the Municipal Agency, or the final approval will be conditioned upon full approval of the Township of Middletown Sewerage Authority.
D. 
Public sewage disposal system shall be installed in accordance with the rules and regulations of the New Jersey Board of Public Utilities and in accordance with other requirements of law and subject to the approval of the Township of Middletown Sewerage Authority.
E. 
Individual sewerage disposal systems (septic tanks) shall be installed in accordance with the requirements of law and in accordance with the applicable rules and regulations of local, county and state health agencies.
A. 
Sidewalk construction shall be required on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts only one side of an existing street, the sidewalks shall only be required for that side. Sidewalks shall also be constructed at other places, such as pedestrian walkways, access points to open space or where the sidewalk can connect to another existing sidewalk system. However, sidewalk construction or contributions shall not be required for subdivisions where no new lots are created or for enlargements or alterations to existing single-family residences.
(1) 
Installation of sidewalks may be waived by the Planning Board or Board of Adjustment. When sidewalk installation is waived, an in-lieu contribution to the Township's Special Trust Account for Sidewalk Construction is required. The Board shall make one or more of the following findings when waiving sidewalk installation:
(a) 
The installation of sidewalks along the frontage of the property involved would have a detrimental impact and be out of character with the area in question.
(b) 
The street upon which the sidewalks would be installed does not provide direct pedestrian access to a public facility such as a school, an actively used park or a public transportation facility.
(c) 
The road upon which the property fronts is unimproved.
(d) 
The application will result in no new construction or the construction of an accessory building(s) only.
(2) 
When contributions to the Trust Account for Sidewalk Construction are required, the fee shall be paid prior to the release of signed plans, and shall be based upon the fee schedule in § 540-313.
(3) 
Exception. The Board may waive entirely the in-lieu contribution when it finds that the development which will result from the application is so minor in scope that its impact on the community, relative to existing conditions, will be insignificant.
B. 
Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Municipal Agency may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.
C. 
Sidewalks shall be four feet wide and four inches thick of concrete according to specifications required for curbing; § 540-611 of this chapter.
(1) 
Where sidewalks cross driveways, the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces, and to eight inches for all other uses.
(2) 
Where the Municipal Agency determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that its width be increased (to a maximum of eight feet).
D. 
All sidewalk construction and curing precautions shall be in accordance with the applicable requirements of the Standard Specifications.
(1) 
Concrete shall be Class B, air-entrained.
(a) 
Preformed bituminous cellular joint fillers one-half-inch thick shall be placed at intervals not exceeding 20 feet.
(b) 
Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.
(2) 
The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer.
(3) 
All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or 1/3 points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-4x4) or an equivalent approved by the Township Engineer.
(4) 
The Engineer may also require that four-inch-thick sidewalk be similarly reinforced if unsuitable ground conditions are encountered.
E. 
Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk.
(1) 
Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses.
(a) 
They shall be reinforced with welded wire fabric (66-4x4), or an equivalent approved by the Township Engineer.
(b) 
Reinforcement shall be located at the midpoint or 1/3 points, respectively, of the section.
(2) 
Concrete shall be Class B, air-entrained.
(3) 
The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.
(4) 
At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet.
(5) 
At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii.
(a) 
The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches.
(b) 
The bottom of the curb shall be lowered to maintain full curb depth across the depression.
F. 
In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either the decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.
(1) 
Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Township Engineer.
(2) 
The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials, and methods proposed for use; and if the Township Engineer has inspected the installation and tested the approved a suitable sample section of such sidewalk.
(3) 
In the event the Township Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the Municipal Agency.
G. 
Curb ramps for the physically handicapped shall be constructed on all curb returns and, where appropriate, in parking areas.
(1) 
In general, two curb ramps shall be constructed at each corner.
(2) 
A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two-ramp system.
(3) 
Curb ramps shall be provided at all four corners of full intersections.
(4) 
Curb ramps shall be provided at the two corners, plus a location across the street from both of the ramps at "T" intersections.
[Amended 8-28-1995 by Ord. No. 95-2415; 11-21-2011 by Ord. No. 2011-3046]
A. 
General provisions.
(1) 
Any signs not specifically permitted are hereby prohibited.
(2) 
No signs except window or special event signs shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.
(3) 
No sign shall be located in such a manner as to materially impede the view of any street or intersection.
(4) 
Except where otherwise provided, no sign or any part thereof shall be located closer than 10 feet to any lot line.
(5) 
All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.
(6) 
The maximum height for freestanding signs, unless otherwise provided, shall not exceed 12 feet above ground level.
(7) 
Except where specifically prohibited, all signs may be double-faced, and the maximum area shall apply to each side. The areas of the sign shall include each and every part of the sign, including moldings and frames. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the areas of this post, pylon or other supporting members shall be considered as part of the total sign area.
(8) 
Wherever the name or advertising message on a sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one sign, and where a sign consists of individual letters or numbers, the area of the sign shall be considered as the total area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers.
(9) 
Signs erected flat against the side of a building shall not extend above the height of the vertical wall or cornice to which they are attached.
(10) 
No permanent marquees or canopies shall extend over a required front yard or over a public walk.
(11) 
Unless specifically prohibited, all signs may be illuminated as provided for in § 540-635E.
(12) 
Whenever a parcel is bordered by more than one street, additional signage may be permitted by the Municipal Agency, in accordance with the standards of this section, for each street upon which the parcel fronts.
(13) 
Signs which are an integral part of an awning shall be permitted and must comply with the sign area requirements of the zone.
(14) 
Electronic message center signs shall be conditionally permitted as specified at § 540-826.
[Added 9-16-2013 by Ord. No. 2013-3095]
B. 
Permits.
(1) 
After a sign permit has been obtained, the copy, wording or pictures may be changed without the necessity of obtaining a new permit or paying any additional fees, so long as the new copy, wording, or pictures comply with the provisions of this section, but no change shall be made in the size or shape of a sign nor shall any structural alterations be made without first obtaining a new sign permit. Modifications to existing signs that will add or replace an electronic message center sign are subject to the conditional use standards set forth at § 540-826.
[Amended 9-16-2013 by Ord. No. 2013-3095]
(2) 
Permits shall be required for all special event signs.
C. 
Construction.
(1) 
All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code.
(2) 
Freestanding signs shall be supported by posts or pylons of durable materials, which may include concrete, steel, treated wood, other suitable materials, or any combination of same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.
(3) 
Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion type shall be used. The use of wood or fiber plugs is prohibited. Freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.
(4) 
Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion type shall be used. The use of wood or fiber plugs is prohibited.
D. 
Maintenance. If the Construction Official shall find that any sign is unsafe, insecure or in need of repair, or is not maintained in proper painted condition, the Construction Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within 15 days, and where, in the opinion of the Construction Official, said sign constitutes a public hazard after such notice, the sign may be removed by the Construction Official at the expense of the permittee or owner of property on which it is located.
E. 
Illumination.
[Amended 9-16-2013 by Ord. No. 2013-3095]
(1) 
Wiring for illuminated signs shall be installed and maintained in accordance with the electrical codes of the Township. Any fee for an electrical inspection shall be in addition to the fee provided for in the sign permit.
(2) 
Where illuminated signs are permitted, illumination may be provided by floodlights, spotlights, ordinary incandescent bulbs, fluorescent tubes, mercury vapor lamps or light-emitting diodes. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. Electronic message center signs as defined herein are subject to the conditional use standards set forth at § 540-826.
(3) 
Whenever the Zoning Officer determines that the lighting on any sign now or hereafter erected constitutes a safety hazard to motor vehicle traffic in the vicinity, the Zoning Officer shall serve written notice of his determination upon the property owner and owner of the sign, directing them to correct the condition within 15 days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time specified shall constitute a violation of this section by both the sign owner and property owner.
F. 
Signs permitted without a permit. The following signs shall be permitted in any zone in the Township without a permit:
(1) 
Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits, and similar locations. The signs may include a business name or professional name, but shall not include any advertising message and shall not exceed three square feet.
(2) 
Temporary and permanent traffic signs and signals installed by the Township, county or state for the purpose of directing and regulating the flow of traffic.
(3) 
Signs indicating public transportation stops when installed by the Township, or a public transportation utility.
(4) 
Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.
(5) 
Warning and no-trespassing signs not exceeding three square feet in area.
(6) 
Flags or emblems of religious, educational, civic, or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag, whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.
(7) 
Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding 50 square inches in area.
(8) 
Lawn signs identifying residents, not exceeding 1 1/2 square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated, except by a light which is an integral part of a lamppost if used as a support.
(9) 
Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.
(10) 
Signs which are an integral part of vending machines, including gasoline pumps and milk machines, provided that they do not exceed two square feet in area.
(11) 
Real estate signs, announcing the sale, rental, or lease of the premises on which the sign is located, such sign not to exceed four square feet in area. If double-faced, the sign shall not exceed eight square feet in area for both sides. The sign shall be nonilluminated. No more than one real estate sign shall be permitted for each street frontage of the property.
(12) 
Temporary signs or other advertising materials attached to a window shall be removed at the expiration of the event sale for which it was erected or posted. Not more than 20% of the square footage of any single window or single window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view. Such signs may be illuminated per § 540-635E, are subject to the prohibitions set forth at § 540-635G, and are not subject to the standards set forth at § 540-826.
[Amended 9-16-2013 by Ord. No. 2013-3095]
(13) 
Temporary signs for advertising public functions or fund-raising events for charitable or religious organizations shall be permitted for a period of 90 days prior to and during the event and shall be removed within five days after the event. The sign shall be nonilluminated, not larger than 12 square feet in area, not exceeding eight feet in height and may be erected flat against the building or freestanding.
(14) 
Temporary signs publicizing or promoting a public election, school board election, campaign for public office, or public referendum for a period of 60 days prior to an election and which shall be removed five days after the election. Such signs in residential zones shall not exceed six square feet in area nor the height limitation for that residential zone. In all other zones, such signs shall not exceed the maximum size and height limitation for the zone in which they are placed.
(15) 
Path-marking signs for garage sales, provided that not more than six signs not exceeding two square feet in size are posted no earlier than one week before the beginning of the sale, are removed the day following the sale and are not otherwise prohibited in § 540-635G below.
(16) 
Real estate open house directional signs advertising the location of an open house to facilitate the sale of property only at the following locations:
(a) 
No more than one such sign may be located at intersections where a turn must be made to arrive at the site of the sale of property, and such sign may be located at no more than three such intersections;
(b) 
No more than one such sign shall be located on the sale property;
(c) 
No such sign shall obstruct, in any fashion, vehicular or pedestrian access of view, and all such signs shall be at least three feet from curblines;
(d) 
Such signs may be no larger than two feet by two feet, and the top of each such sign shall be no higher than four feet from ground level; and
(e) 
No more than one such sign shall be located on the sale property. Each sign must be installed and removed on the same day an open house is scheduled and shall include thereon the name of the real estate agency installing the sign.
(17) 
Seasonal farm advertising signs are nonpermanent structures, which may include the temporary display of products or goods produced on farms for purchase by the general public, subject to the following:
(a) 
No more than one such sign shall be located on any one property or properties used as a single farm.
(b) 
No such sign shall exceed 40 square feet in area, 10 feet in height or be located within 12 feet of a street right-of-way.
(c) 
No such sign shall be internally or externally illuminated.
(d) 
All seasonal farm advertising signs shall be temporary in nature, and nonpermanent structures.
(e) 
All seasonal farm advertising signs shall be properly maintained and shall not be allowed to fall into disrepair.
(18) 
A scoreboard sign illuminated only during games or practice sessions upon a privately owned athletic field that does not exceed 80 square feet in size with the top of the sign not exceeding 16 feet in height.
[Added 7-7-2014 by Ord. No. 2014-3109]
G. 
Prohibited signs. The following signs are prohibited in all zones in the Township:
(1) 
Signs using red, yellow and green lights which in the judgment of the Director of Public Safety interferes with the operation of any traffic control signal.
(2) 
Moving or revolving signs, signs displaying video, and signs using fading, scrolling, blinking, flashing, vibrating, flickering, tracer or sequential lighting.
[Amended 9-16-2013 by Ord. No. 2013-3095]
(3) 
Signs using any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.
(4) 
Any sign which, in the judgment of the Director of Public Safety, unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.
(5) 
Roof signs.
(6) 
Signs or advertising matter of an indecent or obscene nature.
(7) 
Signs using words such as "stop," "look," "danger," etc. which are placed in a manner or position which, in the judgment of the Director of Public Safety, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
(8) 
Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.
(9) 
Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.
(10) 
Signs causing interference with radio or television reception.
(11) 
Signs obstructing door, fire escapes or stairways or keeping light or air from windows used for living quarters.
(12) 
Flags, banners, strings of banners, pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs, and similar advertising devices.
(13) 
Any sign or banner spanning a public street.
(14) 
Signs placed on trees, fences, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.
(15) 
Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.
(16) 
Signs which advertise that real estate has been sold.
(17) 
A sign on a motor vehicle, truck, trailer, whether or not operational and whether or not self-propelled, which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates, or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pickups or other such purposes, and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers, and the like which have as their prime purpose the advertising of goods, wares, or services of a business which are maintained in a stationary manner at one or more locations for extended periods of time.
H. 
Signs permitted in residential zones (R-220, R-130, R-110, R-90, R-45, R-45A, RR, R-30, R-22, R-22A, R-15, R-TF, R-10, R-7, R-5, R-O, RTH, RTH-1, RTH-2, RTH-3, RTH-4, RTH-5, RTH-6, RTH-7, RTH-8, RTH-9, RGA, RGA-1, RGA-2, RGA-3, RGA-4, RHA, RHA-1, RMF-1, RMF-2, RMF-3, RMF-4, RMF-5, and PRH).
[Amended 10-6-2014 by Ord. No. 2014-3118]
(1) 
Residential name plates, lawn signs, and real estate signs as specified in § 540-635F.
(2) 
Signs in connection with each housing or land development, as follows:
(a) 
At the main entrance to the development, two nonilluminated freestanding signs which shall state the name of the development and no other advertising material. Each sign shall not exceed 25 square feet in area and eight feet in height.
(b) 
At each entrance other than the main entrance, one nonilluminated freestanding sign not exceeding 15 square feet in area and not more than eight feet in height.
(c) 
At the rental or sales office of the development, one freestanding illuminated sign advertising the office, not to exceed 15 square feet in area and not more than five feet in height.
(3) 
Signs in connection with permitted residence/office, business office or professional office in the R-O Zone shall be permitted one externally illuminated freestanding sign which shall not exceed 16 square feet in area, nor six feet in height and shall contain a minimum front setback of eight feet.
[Amended 10-19-1998 by Ord. No. 98-2529]
I. 
Signs permitted in the R-1 and R-2 Planned Adult Community Zones.
(1) 
Residential name plates as specified in § 540-635F.
(2) 
One freestanding, externally illuminated, or nonilluminated project identification sign for each direction of travel on any public street on which the development has frontage, not to exceed 30 square feet in area nor six feet in height and located not less than 20 feet from any street or adjacent property line. Such signs may bear only the name of the development, the street address, and the presence or lack of vacant units.
(3) 
Real estate signs, the sole purpose of which is to direct the public to the development. Four temporary freestanding nonilluminated signs at key intersections. Each sign shall not exceed 15 square feet in area and eight feet in height above the ground. The sign permit shall be issued for a period of six months and shall be renewable for additional periods of six months during the period of construction.
(4) 
Such other signs as the approving authority may in its discretion deem appropriate.
J. 
Signs permitted in Office-Research (OR, OR-1, OR-2 and OR-3) Zones.
[Amended 10-19-1998 by Ord. No. 98-2529]
(1) 
One freestanding entry sign located on each street providing access to the office-research project. Where this zone is not surrounded by or adjacent to residential zones, the applicable freestanding sign standards of the adjacent zone shall apply. Where residential zones abut the office-research zone, one freestanding sign, not exceeding 25 square feet in area nor 10 feet in height, shall be permitted.
(2) 
Each use in the office-research zone may erect one freestanding sign not exceeding 50 square feet in area nor 10 feet in height; provided, however, where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot, as indicated on an approved site plan, only one freestanding sign shall be permitted.
(3) 
One facade sign for each building may be placed or inscribed upon one facia of the building. Said signs shall not exceed an area equal to 10% of the facade upon which the sign is to be located.
(4) 
Nonilluminated directional signs, none of which shall exceed 25 square feet in area nor eight feet in height, may be permitted by the Municipal Agency so as to facilitate interior traffic flow.
K. 
Signs permitted in the B-1 Business Zone.
(1) 
One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area of one square foot for each one foot in width of the front of the building or portion thereof devoted to such use or activity.
(2) 
One freestanding sign shall also be permitted for each business. Said sign shall not exceed the size of the permitted facade sign. In the case of two or more businesses on the same site, only one freestanding sign shall be permitted. Said sign shall not exceed 30 square feet in area or six feet in height.
L. 
Signs permitted in the B-2 Business Zone.
(1) 
One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to 10% of the front wall area of the building or portion thereof devoted to such use or activity.
(2) 
Each use in the B-2 Zone may erect one freestanding sign not exceeding 50 square feet in area nor 10 feet in height; provided, however, where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one freestanding sign shall be permitted. No freestanding sign shall be located in an area within 25 feet of any boundary of a residential zone.
(3) 
For standards pertaining to electronic message center signs, refer to § 540-826.
[Added 9-16-2013 by Ord. No. 2013-3095]
M. 
Signs permitted in the B-3 Business Zone.
(1) 
One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said sign shall not exceed an area equal to 10% of the front wall area of the building, or portion thereof, devoted to such use or activity.
(2) 
Each use in a B-3 Zone may erect one freestanding sign in accordance with the table shown below; provided, however, where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one freestanding sign shall be permitted. The maximum size of the sign shall be determined in accordance with the following table:
Street Frontage
(feet)
Maximum Height
(feet)
Maximum Size of Sign Face
(square feet)
Minimum Setback
Up to 500
10
50
25% of building setback
500 to 700
12
50
25% of building setback
Over 700
15
50
25% of building setback
(3) 
For standards pertaining to electronic message center signs, refer to § 540-826.
[Added 9-16-2013 by Ord. No. 2013-3095]
N. 
Signs permitted in the B/P Business/Park Zone.
(1) 
One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said sign shall not exceed an area equal to 10% of front wall area of the building or portion thereof devoted to such use or activity.
(2) 
Each use in a B/P Zone may erect one freestanding sign in accordance with the table shown below. Where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one freestanding sign shall be permitted. The maximum size of the sign shall be determined in accordance with the following table:
Street Frontage
(feet)
Maximum Height
(feet)
Maximum Size of Sign Face
(square feet)
Minimum Setback
Up to 500
10
50
25% of building setback
500 to 700
12
50
50% of building setback
Over 700
15
50
50% of building setback
O. 
Signs permitted in the M-1 Light Industrial Zone.
(1) 
One freestanding sign not exceeding 28 square feet in area on any one side, set back at least 25 feet from the street line.
(2) 
One facade sign which does not exceed 10% of the area of the facade on which it is placed.
(3) 
Other directional, instructional or safety signs, subject to approval of the Municipal Agency at the time of site plan approval.
P. 
Signs permitted in the MC Marine Commercial Zone.
(1) 
One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to 10% of the front wall area of the building or portion thereof devoted to such use or activity.
(2) 
One freestanding sign which shall not exceed 50 square feet in area nor 10 feet in height and shall be no closer than 10 feet to the street line. No freestanding sign shall be located within 25 feet of any boundary of a residence zone.
Q. 
Signs permitted in the mixed-use development zone.
(1) 
One freestanding entry sign located on each street providing access to the mixed-use development, the freestanding sign shall not exceed 50 square feet in area, nor 10 feet in height, and shall not be closer than 20 feet to the street line.
(2) 
One facade sign may be placed or inscribed upon the facade of a building for each permitted nonresidential use or activity. Said signs shall consist of individual letters and shall not exceed an area of a building or part thereof devoted to such nonresidential use or activity.
(3) 
Nonilluminated directional and traffic control signs may be permitted by the appropriate Board to facilitate interior traffic flow. The signs may include a business or professional name but shall not include any advertising message.
R. 
Special event signage.
(1) 
All businesses in the Township shall be permitted to conduct up to five special events per year. Such events shall be permitted to last not more than seven consecutive days.
(2) 
Grand opening signs shall be permitted for all new businesses and shall be permitted to last not more than 30 days.
(3) 
Special event signage shall be permitted to include flags, banners, pennants and sandwich signs. However, in no case shall said signs be located within the public right-of-way or placed in a manner which could result in a hazard to the public.
(4) 
A permit shall be required for all special events. A record of all special events shall be kept by the Zoning Officer in order to ensure compliance with these regulations.
S. 
Gasoline canopy signs.
(1) 
Signs shall be permitted on gasoline stations canopies as long as all sign area limitations of the zone district are complied with.
(2) 
Signs attached to a gasoline canopy shall be designed in a manner consistent with the architectural style and colors of the canopy and other structures on site.
T. 
Signs permitted in the Planned Development (PD) Zone.
[Added 6-6-2016 by Ord. No. 2016-3168]
(1) 
One freestanding project/tenant identification sign for each street frontage shall be permitted in accordance with the following standards:
(a) 
The maximum freestanding project/tenant identification sign area shall be 250 square feet. The largest rectangle which encompasses all of the lettering, illustration or total display, exclusive of any posts, pylons or other support structure whose surface is not being used for advertising purposes, shall define the area of the sign. In cases where signs are mounted on a frame, the frame is permitted to be offset six inches from the permitted area of the sign.
(b) 
The maximum freestanding project/tenant identification sign height shall not exceed 20 feet.
(c) 
The minimum sign setback shall be 12 feet from the property line.
(d) 
The height of the sign base of the freestanding project/tenant identification sign shall be at least 17% of the total height, and shall be constructed of materials that are consistent with the building architecture and shall be landscaped with plantings.
(e) 
The maximum letter height shall be 18 inches.
(f) 
A maximum of eight tenants shall be permitted on the freestanding project/tenant identification sign.
(g) 
The colors and materials of the freestanding project/tenant identification signage shall be consistent with other structures on the site, including buildings and other signs.
(h) 
If lighted, the sign shall be lit by direct, external light sources, internally illuminated letters/logos or backlit raised letters/logos.
(i) 
Design of the signs should be consistent throughout the development.
(j) 
Mounting hardware shall be hidden from view.
(2) 
If the project fronts on more than two streets, project identification signs on the third and any additional streets shall be a monument sign and shall be in accordance with the following standards:
(a) 
The maximum monument sign area, including the structure, shall be 100 square feet. The largest rectangle which encompasses all of the lettering, illustration or total display, exclusive of any posts, pylons or other support structure whose surface is not being used for advertising purposes, shall define the area of the sign. In cases where signs are mounted on a frame, the frame is permitted to be offset six inches from the permitted area of the sign.
(b) 
The maximum monument sign height, including the structure and sign area, shall be nine feet above the existing grade.
(c) 
The minimum sign setback shall be 12 feet from the property line.
(d) 
The base of the monument sign shall be constructed of materials that are consistent with the building architecture and other signs and shall be landscaped with plantings.
(3) 
A sign designated as a historic landmark by Middletown Township may be maintained, or may be relocated within the site without increasing its area or height.
(4) 
Clocks located on a tower, provided that the tower conforms to the height standards permitted in the Planned Development (PD) Zone. The clocks shall contain no advertising material. An additional project identification monument sign may be located at the base of the tower, not to exceed 77 square feet in area and three feet eight inches in height.
(5) 
Directional signs may be located on decorative poles along internal roads. Such signs shall not exceed a total of 10 square feet in area, with two square feet area per occupant with the letter height not exceeding six inches. The structure to which the sign is attached shall not exceed 12 feet in height.
(6) 
Each tenant or commercial establishment may have one sign located on or attached to the principal facade of the building area of said tenant or commercial establishment and one sign on a building side which has street frontage. There shall be no more than two facade signs on a building with multiple street frontages. The sign shall not project more than one foot beyond the building area of the respective tenant or commercial establishment. Each sign which can be a combination of "brand logo" and letters shall not exceed 10% of the principal facade area, including window and door areas on which, or in front of which, they are displayed, and each letter and "brand logo" shall not exceed 2 1/2 feet in height for tenants with less than 80 linear feet of frontage along the primary facade and shall not exceed four feet in height for tenants with a primary facade greater than 80 linear feet.
(7) 
Awning signs shall not exceed 20% of the entire portion of the building covered by the awning in its extended position and shall not be larger than the area permitted for a wall sign. The letter and logo should be located on the vertical flap and should not exceed eight inches. The sign placed on the vertical flap should not extend beyond the top of the awning. Decorative awnings are not considered a sign and shall be deemed to be part of the building facade. Awnings and canopies shall be kept in good order and repair. All awnings and canopies shall be made of canvas and cloth.
(8) 
Window signs for each tenant or other commercial establishment shall not exceed 20% of the window area, provided that window signs in vacant space may cover the entire window with streetscape appliques and may contain leasing information.
(9) 
Decorations for a generally designated holiday, provided they do not create a traffic or fire hazard, and provided that such decorations are not installed more than 45 days prior to the holiday and are removed within 30 days after the holiday.
(10) 
Name and address signs must be attached to the facade of the building or on a mailbox, provided that the sign does not exceed one square foot in area. Letters for such signs shall not be less than six inches for clear identification purposes.
(11) 
Where the ground level varies across the width of any sign, the height of the sign shall be measured from the average ground level beneath the entire width of the sign to the highest part of the sign or its supporting structure, whichever is higher.
(12) 
Signs permitted in connection with each residential use tract:
(a) 
Residential name plates, lawn signs, and real estate signs as specified in § 540-635H.
(b) 
At each intersection of an existing and proposed entrance into a residential use tract, one freestanding, externally illuminated, or nonilluminated project identification sign for each direction of travel on any public street on which the development has frontage. The maximum monument sign area, including the structure, shall be 100 square feet in area and no greater than eight feet in height, and located at least 20 feet from any street or adjacent property line. The maximum sign area that depicts the community name, logo, and/or tenant/builder shall not exceed 25 square feet in area.
(c) 
Development subareas in residential use tracts shall include concentrations of contiguous permitted uses, such as a concentration of townhouses or concentration of affordable units or concentration of recreational facilities. At each entrance to a residential development subarea, one sign which shall state the name of the development subarea or the recreation facility, as applicable, and no other advertising material. Each sign shall not exceed 40 square feet in area and four feet in height.
U. 
Electronic message center (EMC) signs:
[Added 10-16-2017 by Ord. No. 2017-3209]
(1) 
Freestanding EMC signs shall be permitted on properties containing public, private, parochial schools, and existing places of worship with a congregation area that can accommodate a minimum of 100 congregants and places of worship proposed in accordance with § 540-817.
(2) 
No EMC sign shall be permitted in a designated historic district.
(3) 
Only one EMC sign shall be permitted on the said premises or institution.
(4) 
The appearance of an EMC sign shall be in accordance with the following:
(a) 
Text and/or graphics shall be the illuminated foreground focus of the EMC, and the background shall remain dimmer than the displayed message.
(b) 
The displayed message shall remain static for a minimum of 15 seconds.
(c) 
No motion, flashing, fading, scrolling or video shall be permitted.
(d) 
All electronic message centers shall feature automatic dimming capability controlled by photocell sensors or approved means that make adjustments based on ambient light conditions.
(e) 
The maximum specified brightness during daylight hours shall not exceed 5,000 nits, and the maximum specified brightness during non-daylight hours shall not exceed 250 nits.
(f) 
The transition time between messages and/or message frames is limited to one second; transitions may not employ fading, dissolving, sweeping or other effects.
(g) 
In the event of malfunction, EMC signs should power down or display a static black screen.
(5) 
The maximum height of the sign shall not exceed eight feet, and the maximum area of the sign face shall not exceed 35 square feet. The EMC sign shall not exceed 60% of the total sign area.
(6) 
EMC active hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., and a static message shall be displayed from 11:00 p.m. to 6:00 a.m.
(7) 
An EMC sign shall only be used to publicize on-site activities, to display time, date and temperature, and public service announcements. An EMC may not display messages associated with an off-premises business, establishment, activity, product or service. An EMC may be used for public service announcements and public activities with the prior approval of the Administrative Officer.
A. 
It is the purpose of these regulations that construction of steep slopes which results in erosion, drainage, access, and traffic problems shall be avoided wherever possible.
B. 
However, certain building designs and types on steep slopes shall be permitted, subject to submission of detailed plans and approval by the Municipal Agency.
C. 
For the purpose of this section, construction shall be defined as any disturbance of land including, but not limited to, buildings, streets, paving, grading, excavation, fill, swimming pools, parking areas, and stripping of vegetation. The following shall not be considered construction: selective thinning of vegetation approved by the Planning or Zoning Board, sidewalks and pedestrian walkways, and subsurface utility and drainage utilities.
D. 
Within any development or tract, construction on steep slopes of 10% or more shall be restricted as contained herein.
(1) 
Slopes of 10%, but less than 15%: a maximum of 30% of the total area in this slope category may be used for construction purposes.
(2) 
Slopes of 15% or more: disturbance of these slopes shall only be permitted where the applicant demonstrates that each disturbance is essential to a reasonable use of property.
A. 
All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the "Standards for Soil Erosion and Sediment Control in New Jersey," set forth in the Soil Erosion and Sediment Control Act, Chapter 251, Laws of 1975, as amended and supplemented,[1] or upon adoption of a soil erosion and sediment control ordinance by the municipality.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
B. 
All developments may be required to submit an erosion and sediment control plan and a sequence of installation or application of planned erosion and sediment control measures as related to the progress of the development, as part of the preliminary plat or site plan which shall be subject to approval by the Planning Board Engineer.
C. 
A soil erosion and sediment control permit shall be required prior to the issuance of any building permit and as a condition of preliminary and final site plan or subdivision approval.
A. 
Solid wastes from all uses other than single- or two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers within a screened refuse area.
[Amended 2-6-2017 by Ord. No. 2017-3185]
B. 
The screened refuse area shall not be located within any front yard area.
C. 
The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any ordinance of the Township regulating the height of fences and requiring permits therefor.
D. 
A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Municipal Agency approval.
E. 
The opening in the enclosed refuse area should be provided a solid gate not less than five feet in height to permit access to the refuse enclosure and screening from adjoining properties and public streets.
F. 
If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing.
G. 
The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.
H. 
All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.
I. 
If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Municipal Agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.
J. 
Materials designated for recycling shall be separated from other solid waste materials.
(1) 
For each application for 25 or more single-family dwelling units, the application shall provide a storage area of 12 square feet within each dwelling unit to accommodate a four-week accumulation of designated recyclable materials (including but not limited to aluminum and tin or bimetal cans, glass bottles and jars, and newspapers). The storage area may be located in a laundry room, garage, basement, or kitchen.
(2) 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Township's Recycling Coordinator and shall be consistent with the Monmouth County Solid Waste Management Plan and the Township Master Plan.
(a) 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials preferably near, but clearly separated from a refuse dumpster.
(b) 
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(c) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(d) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(e) 
Landscaping and fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
(3) 
For each application for 25 or more multifamily dwelling units, the application shall provide a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials (including but not limited to aluminum and tin or bimetal cans, glass bottles and newspapers).
(4) 
For each application for commercial or industrial development utilizing 1,000 or more square feet of land, the applicant shall provide the Municipal Agency with estimates of the amount of recyclable materials (including but not limited to aluminum and tin or bimetal cans, glass jars and bottles, newspapers, high-grade office paper and corrugated cardboard) that will be generated each week. The Municipal Agency may require the applicant to provide metal or plastic receptacles with tight-fitting covers for the storage of recyclable materials within the refuse storage area.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 7-18-2005 by Ord. No. 2005-2825]
A. 
Storm drains, culverts, catch basins, and other drainage structures shall be installed in each subdivision in accordance with the map submitted to the Municipal Agency.
(1) 
All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications.
(2) 
The developer (or his engineer) shall submit complete calculations, specifications, plans, and details for all proposed storm drainage facilities.
(3) 
Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.
B. 
All storm drainage pipes shall be either slip-joint-type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications.
(1) 
All pipe shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe, or No. 14 gauge, for corrugated metal steel pipe, shall be allowed.
(2) 
All pipe shall comply with the requirements of the current New Jersey State Department of Transportation specifications governing construction.
(3) 
Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.
(a) 
No concrete pipe may be laid on grades exceeding 8%.
(b) 
Concrete pipe below 30 inches (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications.
(c) 
Concrete storm drain pipes, 30 inches or larger in diameter, will be jointed using a preformed bituminous pressure-type-joint sealer or rubber-ring-type or other equivalent approved joint which will exclude infiltration.
(4) 
All corrugated metal pipe shall be fully bituminous-coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service.
(a) 
Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength.
(b) 
Substitution on an equivalent gauge basis will not be allowed.
(5) 
All storm drains shall be tangent between inlets, manholes, or other structures, except that the use of fittings or factory curved pipe may be allowed by the Township Engineer when necessary to accommodate existing geometry or utilities.
(6) 
Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Township Engineer.
(a) 
Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions.
(b) 
These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions.
(c) 
Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.
C. 
Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.
(1) 
All street inlets shall be New Jersey Department of Transportation Standard Type B. Casting heights on any streets shall be two inches greater than the specified curb face and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet.
(2) 
All yard inlets shall be Standard Type A or E.
(3) 
Combination drains shall be installed where the character, and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.
(a) 
These combination drains shall be constructed as follows: The bottom 1/3 of the pipe shall be caulked with jute or equivalent material and the pipe shall be laid in a stone bed for a depth equal to 1/2 the diameter of the pipe.
(b) 
The trench shall then be filled in the same manner as described in Subsection B(6) above.
(4) 
In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 600 feet.
(5) 
Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.
(6) 
In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:
(a) 
Gutter flow widths on local and local collector streets shall not exceed 11 feet, or such narrower width as may be necessary to provide a twelve-foot-wide clear lane in the center of the roadway.
(b) 
Gutter flow widths on minor collector streets shall not exceed nine feet, or such narrower width as may be necessary to provide two twelve-foot-wide clear lanes in the center of the roadway.
(c) 
Gutter flow widths on major collector streets without shoulders shall not exceed five feet, or such narrower width as may be necessary to provide four ten-foot-wide clear lanes in the center of the roadway.
(d) 
Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.
(e) 
Swale gutter flow widths in parking areas shall not exceed 12 feet.
(f) 
Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in Subsection C(10) below.
(7) 
Maximum design capacities which may be used to determine actual inlet location spacing are:
(a) 
Not in sump conditions:
[1] 
Type B: four cubic feet per second.
[2] 
Type E (in paved areas): four cubic feet per second.
[3] 
Type E (in yard areas): 1.5 cubic feet per second.
(b) 
In sump conditions: to be individually designed.
(8) 
Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.
(9) 
Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections.
(10) 
Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with § 540-640A and shall meet the criteria set forth in § 540-640H.
D. 
Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Township Engineer, to prevent erosion.
(1) 
The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus 25 feet, rounded to the next-highest five-foot increment.
(a) 
The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews.
(b) 
The minimum distance between the channel top edge and any easement line shall be five feet.
(2) 
Excess velocity, if any, as determined by the Township Engineer, in open channels must be controlled by sod, riprap, paving, ditch checks, or other suitable methods.
(3) 
Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or riprapped.
(4) 
Generally, unlined open channel cross sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 8:1 for channel depths of more than two feet. Line open channel side slopes shall not be steeper than 2:1.
(5) 
The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.
(6) 
All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.
(7) 
All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low-flow channel using gabions, riprap, lining, 1/3 pipe sections, or other arrangements approved as part of the final plat submission.
E. 
Culverts or drains shall be constructed as specified herein.
(1) 
The location, length, depth, grade, type, and size of pipe shall be designated on the plans indicated herein except where unusual or exceptional soil or other conditions are discovered at the time of construction which are not provided for in the plans, in which case such construction shall be determined by the Township Engineer.
(2) 
Trenches shall be bridged at the street crossings, intersecting streets, public and private entrances in such a manner that traffic will not be interrupted.
(3) 
The contractor shall have a sufficient quantity of timber and equipment constantly on hand for planking, sheet piling, fencing or shoring, and adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.
(4) 
All trenches for culverts, drains or french drains shall be excavated at least nine inches and not more than 30 inches wider than external diameter of the pipe to be used therein.
(5) 
When rock is encountered, it shall be removed to at least six inches below the grade line, the trench then being filled with earth to the grade and form the pipe and thoroughly tamped.
(6) 
The pipe shall be laid on a firm bed, and the bottom of the trench shall be excavated to the line and grade given or directed by the Township Engineer.
(a) 
The bottom of the excavation shall have the shape and dimensions of the lower half of the pipe.
(b) 
When rock is encountered and removed from the trench as specified, this excess depth shall be refilled with suitable materials and tamped thoroughly.
(7) 
The pipe shall be laid and all joints shall be treated as determined by the Township Engineer.
(8) 
The filling around the pipe shall be made in layers with approved materials free from rock, and each layer shall be tamped thoroughly around and over the pipe.
(9) 
Where indicated or directed, old pipe or insufficiently sized culverts shall be removed and relaid, extended or renewed in the same manner as specified above for new pipe culverts or drains.
(10) 
Easement of a width sufficient to allow proper maintenance, but in no case less than 15 feet, shall be provided for the outletting of all drains, pipelines, etc. to streams, existing storm drains, or other legal drainage courses. These easements shall be granted to the Township in writing, subject to the approval of the Township Attorney.
(11) 
All nonpipe culverts shall be designed for AASHO H20-44 loading.
(a) 
All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment.
(b) 
All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
F. 
Headwalls shall be provided at all terminations. These shall be poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plan. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.
G. 
Retaining walls installed in slope control areas shall be constructed of heavy timber or logs, or reinforced concrete, other reinforced masonry or of other acceptable construction and adequately designed to carry all earth pressures, including any surcharges. The heights of retaining walls should not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall.
H. 
Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate.
(1) 
The Municipal Agency may require that any open channel, other than naturally occurring streams, be fenced with chain-link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally, and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years.
(2) 
For maintenance purposes, gates may be required by the Municipal Agency at approximately two-hundred-foot intervals.
I. 
The developer shall take all necessary precautions to prevent any siltation of streams during the construction of the site.
(1) 
If required by the Municipal Agency as a condition of approval or by the Planning Board Engineer during construction, the developer shall provide adequate provisions to prevent all deposits of silt or other eroding material in any stream or watercourse.
(2) 
Such provisions may include, but not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.
(3) 
The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.
J. 
All drainage arrangements (either piped or overland flow) for sites on county roads or state highways shall be approved by the County Engineer or the New Jersey Department of Transportation, respectively; in addition to being acceptable to the Municipal Agency.
K. 
Stormwater runoff restrictions in all proposed subdivisions and multifamily residential developments with an area of 10 acres or more, and all business, commercial and industrial development comprising a site or tract area of five acres or more, the maximum design limit for stormwater runoff shall be 115% of the runoff generated by the site in its natural conditions, unless downstream facilities have been determined to be fully adequate.
(1) 
All runoff calculations shall be based on the Rational Formula or the New Jersey Department of Environmental Protection's design flood runoff index curves.
(2) 
The design criteria for the use of these methods is contained in the "Master Drainage Plan for Middletown Township," T & M Associates, Middletown, New Jersey, seven volumes, as amended and supplemented.
(3) 
In addition, any other method of calculation stormwater runoff that is subsequently adopted for use by the Division of Water Resources of the New Jersey Department of Environmental Protection shall also be acceptable.
L. 
Special drainage provisions.
(1) 
The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.
(2) 
Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:
(a) 
The utilization of the natural drainage system to the fullest extent possible.
(b) 
The maintenance of the natural drainage system as much as possible in its unimproved state.
(c) 
When drainage channels are required, wide, shallow swales with natural vegetation will be preferred to other sections.
(d) 
The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.
(e) 
Maintenance of the base flow in streams reservoirs and ponds.
(f) 
The reinforcement, improvement, and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.
(3) 
All developments or portions or total schemes of development which, based upon the preliminary plat submission, total 10 or more acres, will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than 115% of the runoff from the site in its undeveloped state. The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of drainage features or runoff-limiting devices inadvisable or impractical.
A. 
Minimum basis for calculations for design storm frequency.
(1) 
For closed conduits, five years; or if the above results in a conduit size at least equivalent to a twenty-one-inch reinforced concrete pipe, then 10 years; or if the above results in a conduit size at least equivalent to a thirty-inch reinforced concrete pipe, then 25 years; or if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced concrete pipe, then 50 years.
(2) 
For open channels, 10 years; or if the tributary area exceeds 320 acres, then 25 years; or if the tributary area exceeds 250 acres, then 50 years. The flooding limits for storms with a return period of twice the design storm shall be determined for all open channels. Such limits shall be the drainage or conservation easements delineated on the plat.
(3) 
For detention facilities, a twenty-four-hour flood with a return period not less than 50 years or, if the tributary area exceeds 50 acres, then 100 years.
(4) 
For retention facilities, double the capacity obtained by applying the requirements for detention facilities.
(5) 
For gutter flow calculations, 10 years for local, local collector and minor collector streets; 25 years for major collectors and minor arterials, and 50 years for principal arterials.
B. 
Runoff determinations should be made using the Rational Formula or, in unusual cases, other methods with the prior approval of the Township Engineer. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Runoff coefficients used should generally fall in the following ranges:
Classification, Fully Developed
Range of Coefficient
Public parks, open space and land conservation
0.15 to 0.30
Low-density residential
0.30 to 0.45
Medium-density residential
0.40 to 0.60
High-density residential
0.55 to 0.70
Commercial and industrial
0.60 to 0.90
Pavements, roadways, shoulders
1.00
C. 
Velocity restrictions. In general, velocities in closed conduits at design flow should be at least 2.5 feet per second, but not more than velocity which will cause erosion damage to the conduit, and velocities in open channels at design flow shall not be less than 1.5 feet per second and not greater than that velocity which will begin to cause erosion or scouring of the channel.
(1) 
For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels, sufficient design data and soil tests to determine the character of the channel shall be made to developer and shall be made available to the Township Engineer at the time of drainage review.
(2) 
At transitions between closed conduits and open channels or different types of open channels suitable provisions must be made to accommodate the velocity transitions. These provisions may include riprapping, gabions, lining, aprons, chutes and checks, or others, all suitable detailed and approved as part of the final plat submission.
(3) 
For all flow of 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted.
D. 
In general, the Manning formula will be used by the Township Engineer to review the adequacy of proposed drainage facilities.
(1) 
Other formulas may be used in particular cases with the previous agreement of the Board.
(2) 
A friction factor (n) of 0.012 will be used for nonporous concrete pipe; a factor of 0.024 will be used for fully coated corrugated metal pipe with paved invert.
(3) 
Commensurate factors will be used for other pipe type or shapes.
(4) 
A friction factor (n) not less than 0.012 will be used for fully lined concrete channels; a factor not less than 0.025 will be used for good earth channels and a factor not less than 0.05 will be used for fair to poor natural streams and watercourses.
(5) 
Commensurate factors will be used for other channel types.
E. 
All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile must have the approval of the New Jersey Department of Environmental Protection, Division of Water Policy and Supply. Evidence of such approval shall be required to be submitted prior to the final approval of the site plan.
F. 
All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection, Division of Water Resources, for approval in accordance with statute. The state may retain jurisdiction in which case a permit will be necessary as set forth above or may refer the matter to the County Engineer for review.
G. 
Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto, but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as an ocean, river, running stream, lagoon or an existing adequate storm sewer.
H. 
Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having at least one-hundred-year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading, and drainage shall anticipate such major storm and be so arranged so as to prevent damage to existing or proposed structures or adjacent properties under such conditions.
[Amended 10-19-1998 by Ord. No. 98-2529]
A. 
All major and minor arterial, collector, local collector, local and marginal access streets shall be designed in accordance with the proposals contained in the Master Plan of the Township and/or in accordance with this subsection.
(1) 
Upon receipt by the Municipal Agency of any subdivisions or site plans calling for the installation of new streets or the extension of old streets, the plats shall be referred to the Township Fire Advisory Board and a representative of the Township Police Department for review.
(a) 
They shall make recommendations as to the acceptable minimum widths of each street and shall base the recommendations upon such factors as the location, proposed use and intensity of traffic, with an emphasis upon safety considerations of both a fire and police nature.
(b) 
These recommendations shall be submitted to the Township Planner to be considered in conjunction with such studies and statistics and other data which the Planner shall have assembled as a basis for determining minimum street widths within the Township.
(2) 
The design and location of local, collector, arterial and minor or marginal access streets shall be determined by the Municipal Agency in their review of the applications so as to conform to the Schedule of Street Design Standards (see Figure No. 5).[1]
[1]
Editor's Note: Figure No. 5, Schedule of Street Design Standards, referred to herein, may be found at the end in Subsection G of this § 540-641.
(3) 
The enumerated standards are to be construed as minimum standards and may be increased where, because of high traffic volumes, steep grades or other such reasons, the Municipal Agency determines that such action is necessary.
(4) 
In residential subdivisions, the minimum street width required by the attached "Schedule of Street Design Standards" shall only be the minimum for certain minor streets designed solely to allow access by residents to their homes. The minimum width of any street in the Township of Middletown is not to be less than 36 feet.
B. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension and/or realignment of existing streets, except that local and 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.
C. 
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.
(1) 
Subdivisions and site plans that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map of the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road.
(2) 
If the subdivision and site plan is along one side only, 1/2 of the required extra width shall be dedicated.
(a) 
The additional dedicated width, when improved, shall have a foundation course which shall be constructed by 2 1/2 inches broken stone compacted to a depth of six inches.
(b) 
The wearing surface shall be constructed of two inches of bituminous concrete from the center line of said road to the newly installed curbs and blended into the existing pavement on the opposite side of the center line.
(c) 
Where the new wearing surface meets the old, it shall be treated with asphaltic oil type RC 2 or 3 and covered with 3/8 inch broken stone to assure a tight bond.
(3) 
The new cross section for the existing road shall be constructed so as to provide a parabolic contour constructed to the satisfaction of the Township Engineer.
D. 
Local streets shall be designed in accordance with the schedule of street design standards and the requirements contained herein.
(1) 
No street or road shall be designed which has an elevation at the center line of less than 12 feet above mean low tide and as indicated by the United States Coast and Geodetic Survey.
(2) 
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.
(3) 
Culs-de-sac (dead-end streets) should have a center-line length from the intersecting street center line to the center point of the turnaround of the cul-de-sac of not less than 100 feet nor longer than 600 feet and should not provide access to more than 25 lots.
(a) 
They shall provide an end turnaround with a pavement radius of not less than 50 feet and a property line radius of not less than 60 feet and tangent whenever possible to the right side of the street, when viewed toward the closed end.
(b) 
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, and provisions made future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(4) 
Loop streets should provide access to not more than 45 lots.
(a) 
Except that where access is provided by a combination of a short-loop street and cul-de-sac, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet.
(b) 
Loop streets shall have both of their termini located on the same street.
(5) 
P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection.
(a) 
There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop providing access to a street which is not a part of the P-loop.
(b) 
The loop of a P-loop should have a street length not exceeding 3,000 feet.
(c) 
P-loops should provide access to no more than 60 lots and the entrance street should be designed in accordance with the design standards for collector streets.
(6) 
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.
(7) 
Use of reduced paving width may be considered by the review agency when a cul-de-sac or loop street provides access to 25 or fewer lots, where, by reason of topography, physical features or other conditions of the reduced paving width would substantially reduce disruption of the development's environment.
(a) 
In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than 30 feet.
(b) 
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.
(c) 
Such review and approval must be obtained by the developer before approval of a final plat will be granted.
(8) 
No new street, road or right-of-way created as part of a subdivision or site plan shall be permitted within 10 feet of a side or rear lot line of an adjoining parcel not included as part of the development.
E. 
In any development, it shall be the duty of the Municipal Agency to approve classification of proposed streets according to their use, and in accordance with the federal classification of roadways. In making decisions, the review agency shall refer to the Master Plan and the Monmouth County Planning Board classification of roadways and shall consider conditions within the development and the surrounding areas and shall use as a guide the street classification and criteria contained herein.
(1) 
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) 
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.
(b) 
The traffic normally expected on a local street shall be 400 vehicles per day.
(2) 
A collector street is generally a street gathering traffic from local streets and feeding it into a system of arterial highways.
(a) 
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 150 lots, or would be utilized by traffic other than residential in nature.
(b) 
Collector streets should generally be expected to carry traffic volumes of approximately 3,000 vehicles per day.
(c) 
The design speed of collector streets, for alignment and sight distance purposes, should be 50 miles per hour.
(3) 
Arterials are any federal, state or county highway or municipal street or road intended to carry traffic between other arterials and from the Township to destinations outside the Township. Arterial highways should have a design speed 55 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.
(4) 
Expressways are high-speed, high-capacity, limited-access highways devoted entirely to the movement of motor vehicles and provide no direct access to abutting properties. They generally traverse large areas, often an entire state, and connect with the freeways of adjoining states. Design features include the separation of opposing traffic lanes by a continuous center barrier or median strip, and full access control and grade separation at intersections or interchanges which are generally widely spaced. Expressways usually have right-of-way widths in excess of 150 feet, carry multiple lanes of traffic in each direction, and are generally designed for a capacity of between 1,000 and 1,500 vehicles per lane per hour.
(5) 
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.
F. 
In any subdivision abutting or being traversed by a collector street or arterial highway, one of the following conditions shall be required, as the Board deems appropriate:
(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 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 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.
G. 
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 herein and also in the Schedule of Street Design Standards (Figure No. 5). All streets shall be constructed and graded and surfaced in accordance with these standards and specifications.
Figure No. 5
Schedule of Street Design Standards
Classification
Local
Collector Streets
Arterial Highway
Minimum curb return radius at intersection(2)
15 feet
25 feet
45 feet
Vertical curb(5)
Crest: Minimum length equals 100 feet - based on stopping sight distance design speed.
Sag: Minimum length equals 100 feet - based on headlight illumination and stopping sight distance at design speed.
Maximum superelevation not required
6%
Pavement cross-slope minimum
3.00%(7)
3.33%(8)
1.50%(8)
Curb face required(6)
6 inches
8 inches
Minimum property line corner radius(2)
5 feet
15 feet
30 feet
Normal traffic capacity (ADT)
400
3,000
10,000
Minimum right-of-way width
50 feet
60 feet
100 feet
Minimum two-way pavement width
30 feet
40 feet
60 feet
Minimum one-way pavement width
22 feet
Shoulder (or parking area width)(1)
2 and 8 feet
Sidewalks:
Width
4 feet
4 feet
4 feet
Setback (from face of curb)
3 feet
3 feet
7 feet
Design speed (mph)(3)
40
50
60
Minimum radius of horizontal curvature at center line
150 feet
500 feet
2,000 feet
Minimum tangent between reverse curbs
100 feet
200 feet
600 feet(4)
Maximum longitudinal grade
8%
8%
4%
Minimum longitudinal grade desirable
0.75%
0.75%
0.75%
Absolute
0.40%
0.40%
0.40%
Maximum longitudinal grade for 200 feet from each side of an intersection
3.5%
3.00%
NOTES:
(1)
Shoulders or parking areas as may be required.
(2)
When dissimilar streets intersect, the larger radius will be used.
(3)
For sight distance and vertical curve calculation only.
(4)
As required to run out superelevation (1% per second of travel at design speed).
(5)
Not required if algebraic difference of intersecting grades does not exceed 1.
(6)
Except in superelevation areas.
(7)
Six-inch crown.
(8)
Eight-inch crown.
(1) 
All topsoil shall be stripped from the proposed subgrade. The subgrade, when completed, shall be true to the lines, grades and cross sections given on the plan accompanying the road profile.
(a) 
After the profile has been shaped correctly, it shall be brought to a firm, unyielding surface by rolling entire surface with a three-wheel power roller weighing not less than 10 tons.
(b) 
All soft and spongy places shall be excavated to such a depth as shall be necessary to stabilize the foundation of the road and refilled solidly with subbase consisting of broken stone, broken slag, gravel, suitable earth or sand as directed by the Township Engineer.
(c) 
All loose rock or boulders shall be removed or broken off six inches below the subgrade surface. All stumps and roots shall be removed in their entirety.
(d) 
This shall be done before completing the rolling of the entire surface of the subgrade.
(2) 
Embankments (fills) shall be formed of suitable material placed in successive layers of not more than 12 inches in depth for the full width of the cross section and shall be compacted by distributing uniformly over each succeeding layer, or by rolling with a ten-ton roller as directed by the Township Engineer, to a compaction sufficient to prevent settling.
(a) 
Stumps, trees, rubbish, and any other unsuitable materials or substance shall not be placed in the fill.
(b) 
The fill shall be allowed to thoroughly settle before constructing the pavement upon it and must be approved by the Township Engineer.
(3) 
French underdrains shall be installed where the character and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.
(a) 
These underdrains shall consist of vitrified tile, perforated metal pipe of porous-wall concrete pipe, to be of a minimum diameter of six inches and to be laid in the bottom of a trench at such depth and width as shall be necessary in view of the conditions involved.
(b) 
The trench shall then be filled with clean-washed gravel or broken stone or other equivalent porous material approved by the Township Engineer.
(c) 
The stone shall be covered with a layer of salt hay a minimum of one-inch thick or approved filter fabric and the remainder of the trench filled with suitable earth properly compacted.
(4) 
No pavement shall be laid unless the subgrade has been thoroughly inspected by the Township Engineer and approved by him.
(a) 
Foundation course shall be constructed of 2 1/2 inches of broken stone, which shall be compacted to a depth of six inches; said stone shall be bound with broken stone screenings in accordance with the latest New Jersey State Department of Transportation specifications.
(b) 
Prior to the application of the wearing surface, the foundation course shall be treated with a surface treatment consisting of asphaltic oil for the appropriate season of the year, at a rate satisfactory to the Township Engineer.
(5) 
The surface or wearing course shall be bituminous-concrete-type FABC with a minimum thickness of not less than 1 1/2 inches. The bituminous concrete shall be laid with a power-operated paving machine such as a Barber-Greene or equal, approved by the Township Engineer.
(6) 
Pavement shall be installed from curb to curb except in unusual conditions of terrain and where otherwise required as determined by the Township Engineer.
(7) 
Materials, inspection and general requirements which pertain to this section are as follows:
(a) 
All material and appurtenances, unless otherwise specified herein, shall comply with the requirements set forth in the current New Jersey State Department of Transportation specifications.
(b) 
The work shall be inspected throughout the course of construction by the Township Engineer or his duly authorized representatives, who shall be notified in writing 24 hours before any work is started or continued.
(c) 
The requirements herein shall be considered as minimum requirements for street improvements. Where special circumstances or condition of drainage, terrain, character of soil or otherwise, require different construction or materials, such construction or materials shall be determined by the Township Engineer.
(d) 
All subsurface utilities shall be installed prior to the application of the wearing surface on the streets.
H. 
Street intersections shall be designed according to the standards contained herein.
(1) 
No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60° (measured at the center line of streets) shall not be permitted.
(2) 
Local streets should not enter the same side of collector streets at intervals of less than 500 feet, or arterials at intervals of less than 1,200 feet.
(3) 
Street jogs with center-line offsets of less than 125 feet shall be avoided. Streets which enter collectors or arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector; or 500 feet along the center line of an arterial.
(4) 
Four-way (cross) intersections involving minor or collector streets shall be avoided.
(5) 
Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or have a center-line radius greater than 5,000 feet for at least 500 feet from the intersection.
(6) 
Where a collector or arterial street intersects with a collector or arterial street, the right-of-way of each collector shall be widened by 10 feet (five feet for each side) for a distance of 300 feet in all directions from the intersection of the center lines, and the right-of-way of each arterial shall be widened by 20 feet (10 feet each side) for 500 feet in all directions from the intersection of the center lines.
(7) 
Approaches of any local street to any other street shall:
(a) 
Be tangent (straight) for a distance of at least 50 feet from the intersection; or
(b) 
Have a center-line radius greater than 1,000 feet for at least 150 feet from the intersection; and
(c) 
Have a clear sight of a point three feet high in the intersection for a distance of not less than 400 feet.
I. 
Street layout should be in accordance with the provisions contained herein.
(1) 
Curved local streets are preferred to discourage speed and monotony. The maximum straight line distance should not exceed 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 150 lots should have two access points from collector streets or arterial highways.
(4) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
J. 
Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or developments in the Township or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.
K. 
The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the Municipal Agency.
(1) 
In 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.
(2) 
Cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Township Committee to be credited toward the completion of such improvements at such time as the adjacent land develops.
L. 
The right-of-way width and other standards for internal roads and alleys in multifamily, 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 firefighting equipment and shall generally conform to the requirements herein.
M. 
There shall be no reverse 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.
All developments, upon municipal approval of plans and prior to the issuance of a building permit, shall obtain a street excavation permit for any excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way, and be required to observe all other regulations as set forth in Chapter 428, Streets and Sidewalks, Article I, Street Excavations, as amended and supplemented.
A. 
For all major subdivisions and multifamily developments which require site plan approval, the developer shall arrange with the serving public utility to provide streetlighting service upon the appropriate tariff and prevailing government rules and regulations. The streetlighting shall be installed at the average pole spacing of 150 feet on centers for post-top luminaires at an approximate mounting height of 13 feet or 200 feet on centers for standard streetlighting luminaires on a six-foot bracket at an approximate mounting height of 25 feet. The Planning Board may alter the streetlighting requirements as it deems appropriate due to special circumstances, including but not limited to intersections, curves, culs-de-sac, and collector or arterial roadways.
B. 
The serving public utility shall install wiring in addition to that on the approved streetlighting plan where said additional wiring is required to accommodate the full plan in accordance with the utility's filed tariff and approved procedure at the time.
C. 
The cost of this additional wiring shall be the responsibility of the subdivider.
D. 
Streetlighting shall be installed, as directed by and subject to approval by the Planning Board prior to the certificates of occupancy being issued.
E. 
The cost of the additional wiring and electricity for streetlighting for all streets within the development shall be paid for the owner or subdivider until streets are accepted by the Township, all certificates of occupancy have been issued, and the Township Committee has authorized the release of all performance bonds upon completion of all improvements for the development.
F. 
No major subdivision plat or major site plan for multifamily development shall receive final approval unless the suggested streetlighting plan of the electric utility is shown thereon. All streetlighting, including that within internal roads in private developments, shall adhere to the standards of the serving public utility.
G. 
After final acceptance, operation and maintenance costs of the streetlighting shall be the responsibility of the Township.
A. 
Street signs shall be appropriate metal street signs of a type and size approved by resolution of the Township Committee and shall be properly installed at each street intersection.
B. 
Street signs shall be placed two 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 at locations approved by the Township Engineer.
C. 
Mountings shall be in accordance with the standard procedures of the Township, or with requirements adopted by the Township Committee.
D. 
Street signs shall be placed before any certificate of occupancy for houses on the subject street are issued.
A. 
Street trees shall be required along all new streets within subdivisions and site plans. Where subdivisions, site plans or construction of a new residence abuts one or more existing streets, the planting of street trees shall be required. However, street trees shall not be required for subdivisions where no new lots are created or for enlargements or alterations to existing residences.
(1) 
In each subdivision of land, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type approved by the Municipal Agency.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Planting sites shall be indicated on the final plat.
B. 
Street trees shall be planted on the property owner's side of the sidewalk, not to lie closer than five feet to existing or future sidewalks.
(1) 
Said trees shall be planted either within the municipal right-of-way or on a private lot in a place which shall not interfere with utilities based upon the determinations of the approving authority.
(2) 
Trees shall be of pollution resistant varieties as defined below.
(3) 
The Municipal Agency, after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas where suitable street trees exist, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings. In cases where a waiver is granted and there are no existing trees, the Municipal Agency may require that the developer make a donation to the Shade Tree Fund in lieu of those plantings which are waived. The payment per planting shall represent the typical cost of said planting and shall be established by the Township Committee. The payment shall be $210 per each street tree waived.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Subdivider or developer shall be required to plant such number of trees as shall be necessary, when taking into consideration existing trees, to provide at least one tree in every 30 feet of front yards, except that in the Rural Residential Zone, street trees may be installed no less than 45 feet on-center at a minimum two-and-one-half-inch caliper, provided that trees specified at § 540-907B(14) are utilized.
[Amended 11-21-2011 by Ord. No. 2011-3046]
(1) 
Pollution-resistant shade trees shall be planted along all private streets, undedicated roads, drives and parking areas at intervals not more than 30 feet of curbing or edge of pavement.
(2) 
Pollution-resistant shade trees shall be planted along the frontage of all existing and proposed public streets, at intervals of not more than 30 feet in accordance with the applicable specifications.
(3) 
No tree shall be planted less than 25 feet from an existing or proposed streetlight or street intersection.
(4) 
Such plantings shall not be required within sight easements as required elsewhere herein.
D. 
Pollution-resistant trees referred to above shall be selected from amongst species determined by the Township. Species may include those approved for this purpose by the Monmouth County Shade Tree Commission. Suitable trees shall be selected on the basis of specific site conditions.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, or of substantially uniform size and shape and shall have straight trunks.
(1) 
Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.
(2) 
All trees shall be of "Grade A" nursery stock, with a minimum caliper of three inches measured one foot from the butt.
F. 
All trees planted in accordance with the provisions of this section shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of persons desires to plant a street tree or street trees within the municipal right-of-way, such person or persons may do so, provided each tree, each tree well location, and the planting of each tree conforms to the provisions of this chapter and provided that the person or persons has secured the permission of the Township Engineer.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
All trees planted pursuant to this section shall be planted in a dormant state or at other times only subject to the approval of the Township Engineer's office.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Township Engineer. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Street trees shall be planted in accordance with the Standard Specification for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.
[Amended 10-19-1998 by Ord. No. 98-2529]
A. 
Commercial and public pools.
(1) 
All commercial and public swimming pools and all appurtenant buildings shall be considered principal structures and shall conform to all setback requirements for principal structures.
(2) 
Pumping and filtration systems shall be completely screened from view and shall comply with all setback requirements for accessory structures.
(3) 
All commercial or public swimming pools shall be entirely surrounded by a chain-link fence which is not less than four feet or greater than 10 feet in height. An alternative to chain link may be permitted by the Construction Official if it is designed in a manner consistent with the intent and purpose of the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 198, Construction Codes, Uniform.
(4) 
A gate not less than four feet in height shall be provided. The gate shall be self-closing, open only outwardly and be equipped with a locking device or padlock which must be kept locked except when the pool is in use.
(5) 
No portion of the fence or gate shall be closer than 15 feet to the edge of the swimming pool.
B. 
Private swimming pools.
(1) 
Private swimming pools shall not be permitted within any required front, street side, or street rear yard setback of any lot.
(2) 
The distance between swimming pool and property lines or main buildings shall be measured from the water's edge and shall comply with the following minimum standards:
All Private Swimming Pools
Lot Size
(square feet)
Distance from Side or Rear Property Line
(feet)
Distance from Fence or Main Building
(feet)
Up to 5,000
6
6
5,001 to 10,000
7
7
10,001 to 20,000
10
8
20,001 to 40,000
15
8
Over 40,000
20
8
(3) 
No private swimming pool shall be located less than five feet from any accessory structure.
(4) 
No overhead electrical lines shall be permitted to extend across a private swimming pool.
(5) 
Pool equipment such as pumps and filters shall be located not less than five feet from any property line on any lot less than 10,000 square feet and not less than 10 feet on any lot 10,000 square feet or more. In no case shall pool equipment be located in a required front, street side or street rear yard setback.
(6) 
Pool equipment must be screened so as to minimize visibility from public streets and adjacent properties. Screening shall consist of either a solid fence, landscaping, or other methods acceptable to the Township Construction Official.
(7) 
Private swimming pools shall be enclosed by a non-climbable barrier at least four feet in height in accordance with the New Jersey Uniform Construction Code in effect at the time of application.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended, and subsequently redistributed to areas most exposed to view by occupants and the public; and to areas where landscaped open space is required.
B. 
Topsoil moved during the course of construction shall be redistributed to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this section of the chapter will be considered as being complied with.
C. 
No topsoil shall be removed from the site or used as spoil unless topsoil is remaining after all improvements have been installed in accordance with an approved site plan or subdivision map and has been redistributed in accordance with this subsection.
(1) 
Removal from the site is also bound by provisions of § 540-525 of this chapter.
(2) 
Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of Article IV.
(3) 
At least 48 hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the Township Engineer and Construction Official.
D. 
If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four-inch minimum thickness.
A. 
The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Township Committee, may pay to the Township Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the Township Engineer equal to the cost of all necessary traffic control devices not installed by the developer.
B. 
Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors, and channelizing markers.
(1) 
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.
(2) 
Proposed devices shall be according to an approved plan submitted at the time of final plat approval.
C. 
Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Committee.
A. 
All utility lines and necessary appurtenances, including but not limited to electric transmission and electric and gas distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way in accordance with Figure No. 6[1] or in such other configuration as set forth by the approving body, Municipal Engineer, and utility companies where necessary and appropriately coordinated.
(1) 
The installation of all underground utilities shall conform to the regulations of the New Jersey State Board of Public Utility Commissioners.
(2) 
Installation of all utilities shall conform to the construction standards of the appropriate utility.
[1]
Editor's Note: Figure No. 6, Street and Utility Layout for Reduced Paving Width Streets, may be found at the end of this § 540-649.
B. 
Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in § 540-614 of this chapter.
(1) 
All utility installation shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.
(2) 
Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided and located in consultation with the utility companies and/or Township departments concerned.
C. 
For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part 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 final approval, a written instrument from each serving utility, which shall evidence full compliance with the provisions of this section; provided, however, that lots in such subdivisions which abut existing streets or public rights-of-way where overhead utility distribution supply lines have theretofore been installed on a portion of the streets involved, may be supplied with service from such overhead lines or extensions thereof, but the service connections from the overhead lines shall be installed underground.
D. 
In any event, new building service connections for all multifamily developments, and for any industrial, commercial, or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new service connections shall also be installed underground unless specific waiver is granted by the Municipal Agency.
E. 
Where a state permit is required for utilities, the applicant shall submit said permit prior to any final approval or issuance of a building permit as determined by the Planning Board.
F. 
Meters may be mounted on exterior walls. All meters shall be screened so that they are not visible from any internal or public street and access satisfactory to the supplying utility is maintained.
Figure No. 6, Street And Utility Layout For Reduced Paving Width Streets
 
540 Fig 6 Street and Utility.tif
A. 
Water mains in major subdivisions must be connected with a water supply from a public utility system approved by the New Jersey Board of Public Utilities Commissioners to provide an adequate service to lot owners of such subdivisions.
B. 
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 Middletown Township Department of Public Works, Parks, and Engineering or the Department of Health and Social Services (and the State of New Jersey), respectively.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
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.
A. 
In all districts in the Township where the maximum percent of lot coverage is 15% or less, no more than 20% of such wooded areas within the net tract area may be cleared or developed. The remaining 80% shall be maintained as permanent open space or preserved within the lot.
B. 
In zone districts in the Township where the maximum percent of lot covered is greater than 15%, no more than 40% of such wooded areas within the net tract area may be cleared or developed. The remaining 60% shall be maintained as permanent open space or preserved within the lot.
C. 
Individual healthy specimen and mature shade trees of twelve-inch caliper or healthy specimen trees of eight-inch caliper or greater or individual healthy ornamental trees of four-inch caliper or greater, shall be preserved wherever possible. All site plans shall take into consideration the location and quality of all vegetation and shall incorporate the preservation of said trees in relationship to buildings, parking and open space.