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amended or superseded by the requirements of this chapter, by the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.
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.
[Amended 10-7-2019 by Ord. No. 2019-3267]
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 asphalt concrete flexible pavement structure or a portland
cement concrete rigid pavement structure.
E.
The pavement structure design for each particular site 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 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 asphalt concrete pavement shall consist of at least
four inches of hot mix asphalt (HMA) base course (Mix 19M64) and a
minimum wearing course surface of not less than 1 1/2 inches
of pavement, Mix HMA 9.5M64 (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.
(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 to be subdivided into more than three lots;
on the perimeter of all tracts zoned for townhouse and 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.
[Amended 12-21-2020 by Ord. No. 2020-3300]
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.
[Amended 2-6-2017 by Ord.
No. 2017-3185]
(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.[1]
|
Figure No. 1, Standard Screening
Double Staggered Row of Evergreen Trees
|
(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
|
(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.
(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
|
(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
|
(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.
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.
(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):
(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]
[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.
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.
(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]
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.
(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.
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.
(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]
(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.
(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.
(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.
(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.
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.
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.
(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:
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
|
(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.
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.
[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:
(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.
(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:
(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
|
(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.
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.
(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.
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.
(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:
(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.
(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.
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:
(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.
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.
[Amended 10-7-2019 by Ord. No. 2019-3267]
A.
Roadways and all appurtenances, including subgrade, subbase, base
courses and surface 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 an asphalt 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 asphalt 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, hot-mix asphalt (HMA) (Mix 9.5M64), and a minimum HMA
(Mix 19M64) 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, hot-mix asphalt ( HMA) (Mix 9.5M64);
a minimum HMA (Mix 19M64) base course of not less than three inches,
and a dense-graded aggregate base to provide the remaining depth.
(c)
Asphalt concrete HMA (Mix 19M64) base may be substituted for
aggregate base on a one-to-three ratio (Mix 19M64 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 asphalt concrete and
reinforced concrete pavements.
(1)
Prior to the construction of any subbase, base or pavement surface
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.
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)
Asphalt concrete pavements (and asphalt concrete 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.
Asphalt concrete base course for use with asphalt concrete pavements
shall consist of plant-mixed asphalt concrete 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 asphalt concrete 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.
Asphalt concrete pavements shall consist of a hot-mix asphalt concrete
surface course (Mix 9.5M64) in accordance with the requirements of
the Standard Specifications.
(1)
The asphalt concrete pavement wearing surface should generally
not be installed until just prior to the time the streets are prepared
for final acceptance.
(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.
(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.
(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.
(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.
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.
(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.
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]
(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.
(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.
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
|
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:
(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]
[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.
(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.
(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.
(7)
Maximum design capacities which may be used to determine actual
inlet location spacing are:
(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.
(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.
(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.
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]
(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.
(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.
(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.
(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.
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]
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]
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.
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]
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]
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]
(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.
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.
(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.
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
|
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]
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.
