[Ord. #2001-06; Ord. #2005-12; Ord. #2009-11 § 1]
A. 
Accessory Buildings as Part of Principal Buildings.
Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings. Open porches, balconies, breezeways, fireplaces, chimneys and terraces attached to residences shall not be considered a part of a principal structure and may project into the required yard areas provided such structures do not exceed one hundred and eighty (180) square feet, are not enclosed and do not extend closer than ten feet (10') to any side or rear lot line, or do not extend closer than sixty feet (60') to any street or road right-of-way or the required front yard setback, if less than sixty feet (60').
B. 
Accessory Buildings and Structures Not to be Constructed Prior to Principal Building.
No zoning or construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers, storage sheds or farm accessory buildings prior to the issuance of a zoning or construction permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building or structure, the Construction Official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.
C. 
Distance Between Adjacent Buildings and Structures.
The minimum distance between an accessory building or structure (except fences) and any other building(s) or structure(s) on the same lot shall be ten feet (10') except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than one hundred feet (100') to any dwelling.
D. 
Size of Accessory Buildings.
The height of accessory buildings shall not exceed one (1) story or eighteen feet (18') in height, whichever is greater, unless otherwise specified in Sections 400 and 600, except that farms silos and barns (for farm use associated with a farm) shall not exceed fifty-five feet (55') in height. An accessory building may not occupy more than twenty-five percent (25%) of the rear yard area except for farm buildings associated with a farm use.
E. 
Location.
Except in a property that qualifies as a "farm" as defined at Section 200 of the Land Development Ordinance, no accessory building or structure may be erected in any front yard. Any accessory building or structure shall be set back from side and rear yard lines the minimum distance specified in Section 400 or, in the case of swimming pools, Section 515. If erected on a corner lot, the accessory structure shall be set back from both streets in compliance with the front yard setback requirements and prohibitions of the zone.
F. 
An accessory apartment, limited to not more than one thousand five hundred (1,500) square feet, shall be permitted on a Farmland Assessment qualified lot in the AR zone where there is no principal residential dwelling. Should the lot cease to meet Farmland Assessment qualifications, the accessory apartment shall be removed, or the accessory apartment shall be converted to a principal dwelling, or a principal residential dwelling unit (separate from, or incorporating the apartment and otherwise conforming to the requirements of the AR zone) shall be erected on the lot within one (1) year of such cessation.
[Ord. #2006-07 § 1]
A. 
All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 21 of the Code of the Township of Frelinghuysen and N.J.A.C. 5:21-7 et seq.
B. 
In a development not defined as a "major development," stormwater management measures shall only be developed to meet the stormwater runoff quantity requirements in Chapter 21 of the Code.
A. 
All permitted fences shall not require a construction permit and shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. Except for farm fences, no fence shall be electrified, erected of barbed wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals.
B. 
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over eight feet (8') in height with the following provisions and exceptions:
1. 
On any corner lot, no fence or wall greater than eighteen inches (18") in height shall be located within the sight triangle easement, as stipulated in Section 503 C., with the exception of wire fences for agricultural purposes.
2. 
A dog run may have fencing a maximum of eight feet (8') in height provided such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings as stipulated in Section 501.
3. 
A private residential swimming pool area must be surrounded by a fence at least four feet (4'), but not more than six feet (6') in height. Swimming pool areas shall be located in rear and side yards only. See Section 515 for additional standards.
4. 
A tennis court area, located out of public view, may be surrounded by a fence a maximum of fifteen feet (15') in height; said fence to be set back from any lot line the distance required for accessory buildings as stipulated in Section 501.
5. 
Buffer areas shall meet the requirements specified in Section 804B20.
6. 
Off-street parking, loading and driveway access shall meet the requirements specified in Section 508.
C. 
Sight triangle easements shall be required at all street intersections and all street intersections with driveways providing access to nonresidential uses, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than eighteen inches (18") above the street center line, except for street signs, fire hydrants and light standards. The required size of the sight triangle easement shall be determined by the Planning Board Engineer. Such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Frelinghuysen Township."
[Ord. #94-10]
A. 
Street lighting of a type and number approved by the Planning Board Engineer may be required at all street intersections and along all arterial, collector and local street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.
B. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. All lighting plans shall be consistent with the provisions of the Township Lighting standards as indicated below:
1. 
Residential Lighting.
a. 
All lights shall be so shielded such that the light is cast on the ground at an intensity not more than three-tenths (0.3) footcandle measured at a point fifty feet (50') from the fixture.
b. 
No glare exceeding three-tenths (0.3) footcandle shall be permitted at any property line.
c. 
No light, however shielded, mounted, or located shall be permitted to shine onto a neighboring structure.
d. 
No glare or point of light shall be permitted which would interfere with or cause the attention of drivers to be drawn from the road in a manner so as to compromise traffic safety.
2. 
Non-residential Lighting.
a. 
All parking areas, pedestrian walks, and other areas available to the public shall be lighted. Such lighting shall be not less than five-tenths (0.5) footcandles nor more than an average of four (4) footcandles over the area to be illuminated.
b. 
No light standard shall exceed twelve feet (12') in height, nor shall any building mounted light be mounted more than twelve feet (12') above the ground except where a building mounted light is provided to illuminate a doorway, such light fixture may be mounted not more than two feet (2') above the door(s) to be illuminated.
c. 
No luminaries alone or in combination with others in a given fixture shall exceed one thousand eight hundred (1,800) initial lumens.
d. 
No glare or point of light shall be permitted which would interfere with or cause the attention of drivers to be drawn from the road in a manner so as to compromise traffic safety.
e. 
No light spillage shall be permitted at any residential property line in excess of three-tenths (0.3) footcandle.
f. 
All lighting shall be so shielded and directed as to cause an intensity of not more than five-tenths (0.5) footcandle within sixty feet (60') of such light. Wherever, possible, lighting shall be located on the perimeter of the area to be illuminated and inwardly directed.
3. 
General Guidelines.
a. 
Lighting for pedestrian walks should be provided on bollards or other low level fixtures to avoid the need to buffer the light from adjacent properties and uses.
b. 
Wherever possible, trees should be planted and located so as to absorb the maximum amount of light, eliminating off-site impact.
c. 
Lighting for security purposes or other occasional need should utilize timer, motion or heat sensor activation whenever possible.
d. 
Municipal policy is to discourage the use of high pressure sodium and mercury vapor luminaries. These can cause high intensity, "spot" effects which are detrimental to off-site properties and occupants and to passersby.
C. 
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.
[Ord. #94-09 § 8; Ord. #98-01, §§ 14, 15; Ord. #98-01A §§ 19, 20; Ord. #2006-07 §§ 2, 3]
A. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot must front upon a street, as defined in Section 200 of this ordinance.
C. 
All lots shall be suitable for their intended use. All lots shall, unless a variance has been granted, meet the density requirements for the zone in which the property is located.
All lots created by the Planning Board or Board of Adjustment shall meet the following requirements:
1. 
There shall be a safe means of ingress and egress to the property. In order to provide a safe area for vehicles at the point of entrance to a public street or on-site parking area, such means of ingress and egress shall provide for an area not less than ten feet (10') by twenty feet (20') at either end of any accessway proposed such that the grade of such area does not exceed two percent (2%).
2. 
An area adequate to permit a standard automobile or other vehicle typically utilized by the operator of a permitted use on the property to turn around shall be provided.
3. 
No driveway shall cause drainage to be concentrated onto a public or private road.
4. 
Construction on any lot created subsequent to adoption of their provision by the Planning Board or Board of Adjustment shall not be permitted in the following areas:
a. 
In wetlands or wetland transition zones, unless otherwise authorized by the State of New Jersey.
b. 
Areas of slope greater than twenty-five percent (25%).
c. 
Areas subject to flooding, unless otherwise authorized by the State of New Jersey.
d. 
A lot once created shall be sized in such a way as to be able to accommodate the following:
(1) 
A septic disposal area meeting the standards of N.J.A.C. 7.9A along with an alternative area which may be utilized to install a septic system in event of failure of the initial system. Where soils are shown to be uniform, additional soil tests may, upon substantiation of such data, be waived.
(2) 
A well, principal structure meeting the requirements of this section, and a driveway meeting the requirements of this ordinance and the Township Driveway Ordinance.
(3) 
An adequate area to accommodate required stormwater management facilities. See Section 502.
5. 
In the specific case of lots having frontage on the circular portion of a cul-de-sac, the lot frontage requirement shall be construed to mean width at the building set-back line.
6. 
Lots shall conform to Section 604B5 when lot size averaging is proposed.
D. 
Concrete monuments shall be installed on both sides of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Act.
E. 
Lots with double frontage, other than corner lots, shall be avoided except when abutting State or County roads or arterial streets.
F. 
Setbacks. Dwelling setbacks shall differ in order to promote a varied aspect to the street.
G. 
Clear-cutting of trees on forested sites shall not be permitted. Efforts shall be made to preserve and protect existing forested areas and large stands of trees.
H. 
Shared driveway access on single-family residential lots shall be encouraged. Shared driveways shall be designed in accordance with Chapter 13 of the Code of the Township of Frelinghuysen.
[Ord. #2006-07 § 4]
A. 
During the design, planning and construction of any development, a conscious effort shall be made to preserve natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines.
B. 
Natural fertility of the soil shall be preserved disturbing it as little as possible. No top soil shall be removed from the site. Top soil moved during the course of construction shall be redistributed evenly over the tract so as to provide at least four inches (4") of cover to all areas, where possible, which cover shall be stabilized by approved seeding and/or planting.
C. 
During the design, planning and construction of any development, a conscious effort shall be made to preserve the existing vegetation on the site. Additionally, the planting of shade trees shall be provided in all residential developments and in subdivisions of other kinds where deemed appropriate by the Planning Board. Trees shall be planted along both sides of existing and/or new streets at intervals of not more than fifty (50') feet and in types, sizes and locations conducive to healthy growth, and according to any standards adopted by the governing body so as not to interfere with street paving or utilities. All planting strips within street rights-of-way shall be finished graded, properly prepared, and seeded or sodded with lawn grass. The proposed location of the trees shall be indicated on the site plan and/or subdivision submission. All newly planted shade trees shall be of nursery stock, shall have a minimum caliper two to two and one-half inches (2" - 2 1/2") and shall be of a species indigenous to the area or as specified by the Township Environmental Commission. All plantings shall be done in conformance with good horticultural practice.
D. 
Natural features such as forested areas, hilltop and views should be preserved in their natural state whenever possible to better enhance soil stability and landscape treatment as well as ensure that leaf litter and other beneficial aspects of the forest are maintained.
[Ord. #98-01 § 16; Ord. #98-01A § 21; Ord. #99-07]
A. 
Lots.
1. 
Whenever the owner of a lot existing at the time of adoption of this ordinance has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Zoning Officer shall issue zoning and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
2. 
Any lot already non-conforming shall not be made more non-conforming in any manner.
3. 
Any existing lot on which a single-family dwelling is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided all of the following conditions are met: 1) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this ordinance for the lot in question; 2) the total permitted building coverage is not exceeded; 3) the accessory building and/or addition do not violate any other requirements of this ordinance such as, but not limited to, height, setback and parking; 4) if the dwelling violates the yard requirements, the addition is set back from the referenced street or boundary line at least as far as the existing dwelling.
4. 
Any existing lot of record in a residential zone which was conforming in lot area, frontage, width and depth to the zone regulations in effect just prior to the date of adoption of this ordinance may be used for one (1) single-family residence without requiring an appeal for variance relief, provided that the proposed residential use meets all coverage and setback requirements for the zone as set forth in this ordinance.
5. 
Any lot which is smaller than that required in the zone district in which it is located, as a result of a lot size averaging, shall not be considered non-conforming as long as it meets the requirements of Section 600 of this ordinance.
B. 
Structures and Uses.
1. 
Any pre-existing non-conforming authorized use or structure existing at the time of the passage of this ordinance may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof provided no more than fifty percent (50%) of said structure is destroyed.
2. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a non-conforming structure. However, no non-conforming structure containing a non-conforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief. No conforming structure containing a non-conforming use shall be enlarged, extended, constructed, reconstructed, or structurally altered in any manner except in conformity with the regulations of this ordinance for the district in which the structure is located.
3. 
A non-conforming use shall be considered to be abandoned, if there occurs a cessation of the previous use or activity on the part of the owner or tenant.
4. 
Any non-conforming building or use which has been changed to a conforming building or use shall not be changed back again to a non-conforming building or use.
[Ord. #2006-07 §§ 5, 6]
Provisions of this section are intended to apply to all development other than one-family and two-family residential detached dwellings.
A. 
Landscaping.
1. 
A screen planting, berm, fence, wall or combination thereof, no less than six feet (6') in height, shall be provided between the off-street parking areas for more than ten (10) vehicles and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than one hundred fifty feet (150'). Fencing must be maintained in good condition and without advertising, with a maximum opening of 3/4 inch.
2. 
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street or adjacent residential district(s) throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than eight feet (8') in height.
3. 
Each off-street parking area shall have a minimum area equivalent to one (1) parking space per every ten (10) spaces landscaped with approximately one-half said area having shrubs no higher than three feet (3') and the other half having trees with branches no lower than seven feet (7'). Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.
B. 
Lighting.
Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Section 504.
C. 
Paving and Curbing.
1. 
All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking provided:
a. 
The submitted plan shall include all the parking spaces required by this ordinance and shall include those spaces to be paved and those requested not to be paved;
b. 
All parking areas not to be paved shall be suitably landscaped and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary;
c. 
The drainage system for the site shall be designed to accommodate the surface water run-off from all parking and drainage areas, considering all such areas to be paved, whether proposed to be paved as part of the application approval or deferred to a possible future date;
d. 
The applicant shall agree in writing on the submitted plan to pave any or all of the non-paved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises; and,
e. 
Parking and loading areas may be paved with interlocking paver and/or grass stone, subject to approval of the Planning Board.
2. 
All paved parking and loading areas and access drives excluding single-family residences shall be paved as outlined below unless otherwise specified by the appropriate municipal agency and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
a. 
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than four inches (4") of compacted base course of plant mixed bituminous, stabilized base course, constructed in layers of not more than two inches (2") compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the "Standard Specifications for Road and Bridge Construction, 1983", as prepared by the New Jersey State Highway Department of Transportation, and any supplements, addenda and modifications thereto. A minimum of two inch (2") compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey Highway Department specifications and amendments thereto.
b. 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches (3") of compacted base course of plant mixed bituminous, stabilized base course, prepared and constructed in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway specifications and amendments thereto. A minimum of two inch (2") thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey Department specifications and amendments thereto.
c. 
Where subgrade conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the Township
Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the Township shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described hereinabove, shall be spread thereon.
d. 
Whenever possible the infiltration of runoff from parking areas into vegetated areas to promote reduction of runoff volume shall be provided.
3. 
All off-street parking lots accommodating ten (10) or more vehicles shall be provided with painted lines to indicate traffic flow and parking spaces.
4. 
Parking spaces shall be nine feet wide by eighteen feet long (9' x 18') unless the Board, for good reasons offered by the applicant, permits smaller spaces.
5. 
All off-street parking areas shall be provided with a means of curbing or the equivalent so that vehicles cannot drive onto required landscaped areas and so that each parking area has controlled entrances and exits.
D. 
Access.
The center lines of any separate access points shall be spaced at least seventy-five feet (75') apart, shall handle no more than two (2) lanes of traffic; shall be at least fifty feet (50') from any property lines; and shall be set back from the street line of any intersecting street at least fifty feet (50') or one-half (1/2) the lot frontage, whichever is greater, except that in no case, shall be maximum required distance exceed two hundred feet (200'). Continuous open driveways in excess of sixteen feet (16') at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least twenty-four feet (24') wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway and the curbing may be rounded at the corners.
E. 
Location of Parking and Loading.
No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. Residential parking areas shall not be located in any required front yard space and shall be set back from all lot lines at least two feet (2') and if erected on a corner lot shall be set back from the side street to comply with the set back applying to the principal building for that street. Nothing herein shall be deemed to prohibit the driveway of a single-family dwelling unit as counting as a parking space.
F. 
Type of Facility.
1. 
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
2. 
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
Aisles providing access to parking spaces shall be in accordance with the following minimum dimensions:
Angle of Parking Space
One-Way Aisle
Two-Way Aisle
90°
22'
24'
60°
18'
20'
45°
15'
20'
30°
12'
18'
Parallel
12'
18'
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
G. 
Time of Provision.
All minimum requirements for off-street parking shall be met at the time of erection or enlargement of any principal building or structure or change in use and shall include provisions for adequate ingress and egress.
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no Certificate of Occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection.
A. 
Electrical and/or Electronic Devices.
All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the State of New Jersey.
B. 
Glare.
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its building setback lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C. 
Heat.
No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.
D. 
Noise.
Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
E. 
Odor.
Odors shall not be discernible at the lot line or beyond.
F. 
Storage and Waste Disposal.
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards.
G. 
Ventilation.
No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back within the building setback lines.
H. 
Vibration.
There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.
I. 
Toxic and Radioactive Substances.
There shall be no toxic or radioactive substances associated with any use, except for x-rays used by a hospital, medical clinic, doctor's office or dental office.
Unless otherwise specified in this ordinance, no more than one (1) principal dwelling or building shall be permitted on one lot.
A. 
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the 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 on file with the New Jersey State Board of Public Utility Commissioners; provided however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extension of service are needed to existing buildings, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
1. 
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.
2. 
Prior to the pre-construction meeting preceding the commencement of construction, the developer shall furnish the Administrative Officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Township; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Township Attorney prior to the commencement of construction.
3. 
The developer shall provide the Township with four (4) copies of a final "as built" plan showing the installed location of the facilities.
B. 
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen feet (15') wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be within the road right-of-way. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Frelinghuysen Township."
A. 
Where a public waste water treatment plant and collection system is accessible, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such waste water treatment facilities and/or sanitary sewer lines and building connections in accordance with New Jersey Department of Environmental Protection permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.
B. 
Where, in the written opinion of the Board of Health to the Planning Board or the Zoning Board of Adjustment, as the case may be, the soil characteristics of the subject land are of such quality to permit the use of subsurface sewage disposal systems as a means of sewage disposal, the same may be approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, in the absence of accessibility to a public waste water treatment plant or the construction of such treatment facilities by the developer. The written opinion of the Board of Health shall include a certification by a licensed engineer that the proposed sewerage facilities for the proposed realty improvements are in compliance with State and local Ordinances.
There must be at least two (2) approved test holes no less than thirty feet (30') and no more than fifty feet (50') apart located within the area of proposed septic disposal bed. Excavation for septic disposal beds shall not require the removal of subsurface rock through the use of explosives.
[Ord. #95-04 § 5]
A. 
General Provisions.
No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this ordinance. No sign of any type shall be permitted to obstruct driving vision, traffic signs, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located.
The erection of any sign shall require a construction permit from the Township Zoning Officer and Construction Official, respectively, unless specifically exempted herein. The applicant shall furnish the Zoning Officer a fee of thirty dollars ($30.00) and the necessary information from which to determine whether the subject sign meets the terms of this ordinance. Within fifteen (15) days after the filing for the permit, the Zoning Officer shall either issue or deny the permit and, if denied, the Zoning Officer shall indicate in writing the reason(s) for such denial; provided, however, that should the Zoning Officer have particular questions regarding any particular application, the application may be referred by the Zoning Officer to the Zoning Board for review and comment prior to action by the Zoning Officer. Once the Zoning Permit has been issued, the Construction Official shall issue a construction permit after review and approval.
In all zones and in connection only with an approved major subdivision or site plan construction project, a temporary sign measuring no more than thirty-two (32) square feet on the side advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of the construction permit and concluding with certificate of occupancy or one (1) year, whichever is less. Said sign must be located on the site where construction is taking place and must be set back at least thirty feet (30') from all street and lot lines.
1. 
Animated, Flashing and Illusionary Signs.
Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
2. 
Location.
Signs and advertising structures, such a billboards, shall be set back from the established street right-of-way at least as far as required for principal uses in each zoning district as specified in Section 400. All signs shall be set back or elevated sufficiently to allow a clear unobstructed line of sight from points of ingress and egress for at least one thousand feet (1,000') along all abutting streets. No portion of any sign attached to a building shall project above the lowest point of the roof of the building.
3. 
Free-Standing Signs.
Free-standing signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a free-standing sign.
4. 
Illuminated Signs.
Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets and from adjoining premises in the residential districts. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.
5. 
Information and Direction Signs.
Street number designations, postal boxes, "private property", "no hunting", on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. No such signs shall exceed two (2) square feet in area, and such signs shall not require a zoning or construction permit.
6. 
Maintenance.
Signs and, in the case of permitted free-standing signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.
7. 
Non-Profit Organization Event Signs.
Temporary signs announcing an event sponsored by a non-profit organization shall not require construction permits.
Upon written application to the Zoning Officer by a Frelinghuysen Township based non-profit organization, the Zoning Officer shall issue permits, without fee, for the erection of up to three (3) temporary signs announcing an event sponsored by said non-profit organization, provided the following requirements and regulations are met:
(a) 
One [1] sign may be located on the property owned by the non-profit organization, if and wherever such property exists, and up to two (2) signs may be located on properties other than that which may be owned by the non-profit organization, provided said properties are situated within the "NC", "HC" or "VN" Districts.
(b) 
The written application to the Zoning Officer by the nonprofit organization shall include a written representation by the owner of the property upon which a sign is to be located, giving permission for the display of said sign.
(c) 
The written application to the Zoning Officer by the nonprofit organization shall include a sketch indicating the proposed location of the sign(s) and the graphic material to be placed on the sign(s).
(d) 
Permitted signs may be free-standing or attached. Each sign shall not exceed sixteen (16) square feet in area. If freestanding, the sign shall not exceed four feet (4') in height and shall be set back from all street, driveway, and property lines a distance equivalent to one (1) linear foot for each two and one-half (2 1/2) square feet of sign area.
(e) 
The permitted signs shall not be illuminated and shall be located so as not to interfere with driver vision.
(f) 
All signs shall be constructed of wood, be neatly painted and adequately secured for aesthetic and safety purposes.
(g) 
No more than one [1] sign for any particular non-profit organization shall be permitted on any particular property at the same time and no more than two [2] non-profit organization event signs shall be permitted on any particular property at the same time.
(h) 
Permitted signs may be displayed for a period not to exceed two (2) weeks and the specific time period for the display of all signs shall be indicated on the written application to the Zoning Officer, unless the advertised event occurs earlier, in which instance the sign shall be removed within twenty-four (24) hours after the event.
(i) 
It shall be the responsibility of the non-profit organization to remove all permitted signs prior to the expiration of the specified time period for their display.
8. 
Political Signs.
Political signs temporarily giving notice of political campaigns shall be located on private property and shall be set back at least ten feet (10') from all side property lines and shall not exceed two (2) square feet in area. Such signs may not be mounted on trees or utility poles. Signs shall be permitted within forty-five (45) days prior to any municipal, county, state or national election and shall be removed within five (5) days after the election. All such signs do not need either a zoning permit or construction permit.
9. 
Real Estate Signs.
One unlighted real estate sign temporarily advertising the sale, rental or lease of a building or lot or portion thereof shall be located on private property and, if not attached to the building, shall be set back from all street lines at least ten feet (10'). Signs shall not exceed three (3) square feet in area on individual residential lots and thirty-two (32) square feet in area within non-residential districts and within major residential subdivisions of four (4) or more lots where said signs are used to advertise the development and signify the location thereof. All such signs shall be removed at the expense of the advertiser within thirty (30) days after the termination or completion of the matter of business being advertised or, in the case of major residential subdivisions, when ninety-five percent (95%) of the lots have been initially sold. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing.
10. 
Sign Area.
The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.
11. 
Signs With Two Exposures.
Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
12. 
Wall Fascia or Attached Signs.
Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than twelve inches (12") horizontal distance from the building.
13. 
Window Signs.
Interior window signs shall not be considered in computing the allowable signs provided, however, that such interior signs shall not exceed fifty percent (50%) of the total area of the window in which the sign is placed. Interior window signs shall require a zoning permit but not a construction permit.
14. 
Flag of the United States of America.
The flag of the United States of America may be displayed in all zones and does not need a construction permit. The height of the flagpole shall not exceed thirty feet (30').
15. 
Portable Signs.
Portable signs shall be prohibited.
16. 
Farm Signs. Farm signs shall be permitted on all properties that qualify as a "farm," as defined at § LDO-200 hereof, provided that the following requirements and regulations are met:
[Added 4-18-2018 by Ord. No. 2018-08]
(a) 
Farm signs shall not exceed 32 square feet.
(b) 
Farm signs shall not exceed eight feet in height.
B. 
Street Signs.
1. 
Street name signs meeting Township specifications as to size, material and location shall be installed at the intersection of all streets and at such places on curvilinear streets as noted below:
a. 
At street intersections.
b. 
When two roads intersecting at right angles are connected by curve.
c. 
At the peak of the curve connecting two (2) parallel streets when the length of the streets exceeds the length of the loop.
2. 
Street signs shall be erected at all street intersections. Sign plates shall be at least four inches (4") high by whatever length is required for the street name. The color of the signs must be reflective green and white lettering and border. Signs shall conform to Section 2D-40 of the MUTCD. Sign plates shall be mounted properly and secured on posts at least two and one-half inches (2 1/2") in diameter and at least ten feet (10') long, or fastened on existing structures which happen to be at the location for a sign with the appropriate mounting.
3. 
Where traffic control signs are deemed necessary by the developer or the Planning Board Engineer for Township, County or State highways, the proper Township, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense.
4. 
All street name and traffic control signs shall be free of visual obstruction.
C. 
Building Identification.
All principal buildings in any district shall be clearly identified as to house number or street number by means of a small unobstructed sign clearly visible and legible from the main abutting street. Where house or street numbers are not assigned, this requirement is waived.
D. 
Garage Sale Signs.
Not more than two (2) garage, barn or similar sales of miscellaneous items shall be permitted for a maximum of two (2) consecutive days in any given calendar year. A maximum of two (2) signs advertising such sale shall be permitted; each not exceeding two (2) square feet in area, and set back at least ten feet (10') from side property lines and ten feet (10') from the street line. Such signs shall not require a zoning or construction permit. Such signs shall be removed within two (2) days following the sale.
[Ord. #2006-07 §§ 7—9]
A. 
Streets.
1. 
All developments shall be served by paved public streets in accordance with the approved subdivision and/or site plan and all such streets shall have an adequate crown. The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of such streets and conform with the topography as far as practicable.
2. 
When a new development adjoins land capable of being subdivided or developed, suitable provisions shall be made for future access to adjoining lands.
3. 
Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.
4. 
In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan or Official Map or the street width requirements of this ordinance, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Frelinghuysen Township." If the development is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.
5. 
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street although a greater width may be required in accordance with the following schedule and, provided further, that an applicant may submit a traffic study substantiating a road width less than that indicated on the following schedule and the Board, at its discretion and in consideration of the anticipated traffic volumes, may grant permission to construct the road(s) with reduced right-of-way and/or cartway improvements.
Traffic Lanes
R-O-W Width
No.
Width
Total
Pavement Width
Arterial
80'
2 & 2
@ 12' & 13'
50'
Collector
66'
2
@ 12'
28'
Local
50'
2
@ 12'
24'
6. 
Street intersections shall be as nearly at right angles as possible and in no case shall be less than seventy-five degrees (75°). Approaches to all intersections involving collector or arterial roads shall follow a straight line, or a curve with a radius of not less than seven hundred feet (700'), for at least one hundred feet (100'). No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point.
Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except where the frontage is sufficient, more than one street may intersect the arterial or collector street provided the streets shall not intersect with the same side of the existing street at intervals of less than five hundred feet (500'). The block corners of intersections shall be rounded at the curbline, with a curve having a radius of not less than twenty-five feet (25').
7. 
A tangent of at least one hundred feet (100') long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at any one (1) point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation & Traffic Engineering Handbook," ITE, latest edition.
8. 
Culs-de-sac shall be no more than twelve hundred feet (1200') in length but, in any case, shall provide access to no more than twelve (12) lots, unless, in specific cases and upon review and approval by the Board, more lots are deemed appropriate. A turn-around shall be provided at the end of the cul-de-sac with a radius of fifty feet (50') on the curbline plus a utility and planting strip of ten feet (10') around the entire cul-de-sac. The center point for the radius shall be the center line of the associated street or, if off-set, off-set to a point where the radius becomes tangent to the right curbline of the associated street. Dead ends shall be avoided except where needed for future development of adjacent property.
A sixty foot (60') diameter circle at the center of a cul-de-sac shall be landscaped or left with its natural vegetation, provided that the paved traffic lane is of adequate width and radius for the turn-around of emergency vehicles.
9. 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Board reserves the right to approve, or name streets within a proposed development.
10. 
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist. Roads specifically serving industrial areas shall adhere to Township standards designed for the development of industrial uses and shall be sufficient to handle voluminous traffic and heavy trucking. Concerning streets under the jurisdiction of the Township, the following standards shall apply:
a. 
Construction: All construction shall be in accordance with the "Standard Specifications for Road and Bridge Construction, 1983", as prepared by the New Jersey State Department of Transportation, and any supplements, addenda and modifications thereto.
b. 
Bituminous Pavement: Shall be constructed in the following manner and shall consist of proper subgrade, base course, intermediate course and a surface wearing course in accordance with specifications of the New Jersey State Highway Department and/or as set forth in these specifications.
c. 
Subgrade: Subgrade construction shall be done after the underlying drains and other subsurface structures have been placed and the backfill therefore has been properly consolidated. Unstable places within the subgrade area shall be excavated, refilled with suitable material and consolidated. Where existing macadam and gravel pavements underlie the subgrade, they shall be thoroughly scarified unless the subgrade level is more than one foot (1') above surface of such pavements.
The subgrade shall be shaped to conform to the required grade and contour and shall be thoroughly consolidated by means of rollers weighing not less than 330 pounds per linear inch of tread of rear wheels, except when the material is not susceptible to heavy rolling, in which case other means shall be used as may be approved by the Township Engineer.
d. 
Sub Base: The sub base course shall be constructed of soil aggregate type I-5 and shall be at least six inches (6") thick. Equipment and construction shall be in accordance with current New Jersey DOT standard specifications for road and bridge construction.
e. 
Base Course: The base course shall be four inches (4") of Bituminous Stabilized Base, Stone Mix No. 1-2, constructed in two (2) layers, each of not less than two inches (2") of compacted thickness, in accordance with New Jersey DOT standard specifications.
f. 
Surface Course: The surface shall be bituminous concrete hot mix placed on the previously constructed base course at the prescribed location and to prescribed line and grade, and shall be at least two (2") inches thick. The type of bituminous concrete is to be FABC-1, Mix No. I-5 and applied according to current New Jersey DOT specifications and amendments thereto. All structures such as water valve boxes, gas valve boxes, manhole covers and catchbasin tops shall be to line and grade before pavement courses are constructed.
11. 
No street shall have a minimum grade of less than one percent (1%). Grades on streets shall not exceed twelve percent (12%). Wherever possible, streets shall follow the line of main drainage depending on site conditions.
12. 
All changes in grade where the grade is one percent (1%) or greater shall be constructed by vertical curves of sufficient radius to provide a smooth transition and proper site distance, but not so great as to create drainage problems. Vertical and stopping sight distances shall be at least:
Vertical Distance
Stopping Sight Distance
Arterial Streets
800 ft.
450 ft.
Collector Streets
500 ft.
300 ft.
Local Streets
350 ft.
200 ft.
13. 
Streets shall enter intersections at grades not greater than two percent (2%) for the first fifty feet (50'), measured from the edge of the cartway of the intersecting road.
14. 
In all residential developments, the minimum public street hierarchy, right-of-way width, cartway width and overall cross section shall be designed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.)
B. 
Curbs.
Curbing may be required along both sides of all streets, at the discretion of the Board. Barrier type curbs shall be used with a minimum exposed face of five inches (5") and a depth of twenty inches (20"). Curbs shall be poured monolithically with Class "B" concrete or constructed of Belgian block. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey. Flush curbing and curb cuts shall be encouraged to allow the disconnect of impervious surfaces into landscaped areas.
C. 
Sidewalks.
1. 
Sidewalks may be required on both sides of all existing and proposed streets, at the discretion of the Board, depending upon the probable volume of pedestrian traffic, the general type of development intended and any alternate plans proposed for the movement of people and bicycles.
2. 
Where required, sidewalks shall be at least four feet (4') wide and shall be four inches to six inches (4" — 6") thick, constructed on a subgrade properly prepared with four inch (4") base course of pea gravel or equivalent. Sidewalks shall be Class "B" concrete or pervious interlocking pavers or block, or equal material designed to withstand anticipated traffic. The design shall be approved by the Planning Board. A sidewalk forming part of a driveway apron shall be six inches (6") thick at grade with abutting sidewalks and of the same construction material as abutting sidewalks.
3. 
Continuous paving shall be available from the public sidewalk to the main entrance(s) of the adjoining building(s).
4. 
Where sidewalks abut public streets, they shall be located inside the street right-of-way and offset at least one foot (1') from the right-of-way lines.
5. 
All sidewalks shall have a minimum slope of one-quarter inch (1/4") per foot toward the gutter.
6. 
Permeable paving materials which reduce the rate of runoff and Total Suspended Solids (TSS) and promote groundwater recharge shall be permitted for sidewalks in nonresidential zones.
D. 
Road Drainage.
An adequate stormwater management plan for road drainage shall be provided, with gutters, curbs, swales, riprap, catch basins or such other means as are acceptable to the Planning Board Engineer.
A. 
Private Residential Pools.
1. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than seventy-five percent (75%) of the rear and/or side yard area(s) in which it is located and shall be located no closer than thirty feet (30') to a side lot line and fifteen feet (15') to a rear lot line.
2. 
A private residential swimming pool area must be enclosed by a suitable fence with a self-latching locked gate at least four feet (4'), but no more than six feet (6') in height.
3. 
A private residential pool may be lighted by both underwater or exterior lights provided that all exterior lights are located so that the light is neither directed or reflected upon adjacent properties. All free-standing standards used for exterior lighting shall be no closer to the edge of the pool than its height. Underwater lighting shall be in compliance with the applicable National Electric Code.
B. 
Public and Commercial Pools.
1. 
Public swimming pools or club pools intended for open use of the public or to club members shall be located within a lot no smaller than five (5) acres in area and shall occupy no more than three percent (3%) of the lot area. The pool shall be the total water surface including separate wading pools, swimming tanks and diving tanks.
2. 
No edge of any pool or separate swimming tank shall be closer than two hundred feet (200') to any building or property line.
3. 
The entire property of the public or club pool shall be enclosed with a fence no less than eight feet (8') in height nor greater than ten feet (10') in height in order to deny accidental access to the pool.
4. 
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect manner upon any adjacent property. All free-standing standards used for exterior lighting shall not exceed fifteen feet (15') in height and shall be no closer than twenty-five feet (25') to the edge of any pool. Underwater lighting shall be in compliance with the applicable National Electric Code.
5. 
All pools shall be constructed below the surface of the ground.
6. 
All boundaries of the property which lie closer than fifty feet (50') to any residential building shall be landscaped with dense trees and bushes to provide adequate buffers against light and sound.
7. 
All loud speakers or public address systems shall be located and directed so that said speakers are not directly aimed at any adjacent residential buildings and with intensity so that words are not understandable beyond five hundred feet (500').
8. 
One off-street parking space shall be provided for every thirty (30) square feet of water surface.
Where no public water is accessible, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum fifty feet (50') of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least twenty feet (20') into unweathered rock. Well installation, sealing and testing shall be in accordance with the N.J. Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of Construction of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the Board of Health. Prior to being placed in consumer use and prior to issuance of a Certificate of Occupancy for any building served by the well, the developer shall certify to the Board of Health that he complied with all applicable State and local regulations.
Within any residential district, no building with permitted professional, office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas such as store front types of construction, unfinished concrete block or cinder block wall surfaces.
Where property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for such things as railroad crossings, screening or buffer strips, freight access, warning signals and signs in recognition of the relationship between the railroad, the subdivision and the intended use of land.
The Planning Board or Zoning Board of Adjustment, as the case may be, in reviewing a site plan or subdivision application shall encourage design features specifically intended to promote and protect access to solar energy, including, but not limited to:
A. 
Predominantly east-west orientation of streets;
B. 
Location of buildings to provide adequate south wall exposure;
C. 
Landscaping to provide adequate south wall exposure.
The Planning Board or Zoning Board of Adjustment, as the case may be, shall give favorable consideration to granting waivers and/or variances from the bulk regulations of this ordinance where the applicant demonstrates to the satisfaction of the Planning Board or Zoning Board that solar access can be improved by granting the requested waivers and/or variances.
A. 
An applicant for site plan and/or subdivision approval may offer for dedication to the Township or other grantee such as a conservation trust, an easement providing for the conservation of natural resources and preservation of open space on a portion of the property which is the subject of site plan and/or subdivision review.
B. 
Such easement may prohibit where appropriate:
1. 
Removal of trees, shrubs and other vegetation except for specified conservation purposes;
2. 
Excavation and removal of sand, gravel and topsoil;
3. 
Construction of any type;
4. 
Fill and dumping of materials;
5. 
Use by vehicles except for specified agricultural purposes;
6. 
Other activities as agreed to by the grantor and grantee.
C. 
Such easement shall not require public access unless agreed to by the grantor and grantee but shall include the right of the grantee to enter the property for purposes of inspection.
D. 
Such easement shall specify the responsibility for liability insurance on the property.
E. 
Such easement shall be described in the deed conveying the deed of easement and shown on the approved site plan or subdivision plat.
F. 
The grantee may request from the Township Tax Assessor an adjustment of the tax assessment on the property based on the use limitations specified in the easement.
G. 
Such easement may be modified or terminated by mutual agreement of the grantor and grantee, upon application to the Planning Board and showing of good cause for such modification or termination.
[Ord. #93-12, §§ 1—7]
A. 
Definitions. As used in this section.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
RECYCLING AREA
Space allocated for collection and storage of source separated recyclable materials.
B. 
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 municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c. 102.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
[Ord. #2001-02]
Every residential subdivision and/or site plan approved by the Planning Board of the Township of Frelinghuysen, shall include one (1) affordable housing unit for every five (5) market units constructed.
[1]
Editor's Note: See Chapter 20, Affordable Housing.
[Ord. #2011-12; Ord. #2015-14 § 1-4]
A. 
Applicability.
This ordinance applies to all outdoor wood-fired boilers, stoves, or furnaces within Frelinghuysen Township.
1. 
This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2. 
This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
3. 
This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
B. 
Definitions.
DUAL STAGE WOOD GASIFICATION BOILER
A wood-fired boiler in which combustion gases from the burning wood are mixed with air in a secondary combustion chamber and burn at high temperature resulting in complete combustion, high efficiency and little or no ash or creosote. These boilers are commonly used with an auxiliary heat storage water tank.
[Ord. #2015-14 § 1]
EPA HH (HYDRONIC HEATER) PHASE 2 PROGRAM
EPA HH Phase 2 Program is administered by the United States Environmental Protection Agency and has a particulate matter emission limit of 0.32 pounds per million British Thermal Units output.
EPA HH (HYDRONIC HEATER) PHASE 2 PROGRAM QUALIFIED MODEL
A hydronic heater that has been EPA HH Phase 2 Program qualified. The model has met the EPA HH Phase 2 emission level and is labeled accordingly.
OUTDOOR WOOD-FIRED BOILER, STOVE, OR FURNACE
A structure that: (1) Is designed, intended, or used to provide heat and/or hot water to any residence or other structure; and (2) Operates by the burning of wood or other solid fuel; and (3) Is not located within a structure used for human or animal habitation.
REFUSE
Any waste material, garbage, animal carcasses, and trash or household materials except trees, logs, brush, and stumps.
C. 
Outdoor Wood-Fired Boilers, Stoves, or Furnaces.
The following provisions shall apply to outdoor wood-fired boilers, stoves, and furnaces in Frelinghuysen Township:
1. 
All outdoor wood-fired boilers, stoves or furnaces shall be EPA Hydronic Heater Phase 2 Program qualified or greater, and shall be of the Dual Stage Wood Gasification type.
[Ord. #2015-14 § 2]
2. 
The outdoor wood-fired boiler, stove or furnace shall be located in the side or rear yard at least two hundred feet (200') from the nearest neighboring residential structure not served by the boiler, stove or furnace, and no boiler, stove, or furnace shall be located in the front yard of the property on which it is located.
[Ord. #2015-14 § 3]
3. 
The outdoor wood-fired boiler, stove or furnace shall not be used to burn refuse, leaves, green vegetative matter and noxious plants. Only seasoned wood or other solid fuel is permitted for burning.
4. 
The outdoor wood-fired boiler, stove or furnace shall have a chimney that extends at least fifteen feet (15') above the ground surface and according to MFG Installation Specifications.
5. 
In order to demonstrate compliance with the provisions above, a representative site plan of the lot, which can be prepared by the applicant based upon survey, tax map or other reliable information, shall be prepared showing the subject property. Said site plan shall be at a reasonable scale to be reviewed by the Zoning Officer to assure compliance, to the greatest extent practicable, with this and all other provisions of this ordinance.
6. 
The use of outdoor wood-fired boiler, stove, or furnaces shall be allowed only during the period of October 15th to April 15th. Any use outside this period, whether to produce domestic hot water or for any other purpose, is strictly prohibited and subject to enforcement by the Zoning Official.
7. 
Spark arresters are required on all outdoor wood-fired boiler, stove, or furnace.
8. 
Outdoor wood-fired boilers, stoves, or furnaces and any electrical, plumbing, mechanical or other apparatus or device in connection with an outdoor wood-fired boiler, stove, or furnace shall be installed, operated, and maintained in conformity with the manufacturer's specifications and recommendations and all local, State, and Federal codes, laws, rules, and regulations.
9. 
(Reserved)
10. 
No person shall cause, allow or maintain the use of an outdoor furnace with the Township of Frelinghuysen without first having obtained a permit from the Zoning Officer and all other requisite permits (plumbing, electrical, etc.) from the Frelinghuysen Township Construction Office. A permit issued pursuant to this ordinance may be suspended as the New Jersey DEP or Zoning Office may determine to be necessary to protect the public health, safety and welfare of the residents of the Township of Frelinghuysen.
D. 
Right of Entry and Inspection.
Upon receipt of a report or complaint that there has been a violation of this ordinance, the Zoning Officer or any authorized officer, agent, employee or representative of Frelinghuysen Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.
E. 
Enforcement and Penalties.
1. 
Authority to enforce this ordinance is hereby given to the Frelinghuysen Township Zoning Officer. In the absence of the Zoning Officer, or in the event of a conflict of interest, of any officer, agent, employee, or representative to whom such authority has been delegated, the Construction Official shall enforce this ordinance.
2. 
Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by applicable New Jersey Statutes which shall be punishable by the fines and costs stated below. In addition, Frelinghuysen Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this ordinance and applicable statute. Each day that a violation of this ordinance exists shall constitute a separate violation of this ordinance and applicable statute.
3. 
Failure to comply with any of the provisions of this ordinance shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than five hundred ($500.00) dollars for the first offense. Any subsequent offense shall be punishable by a fine of not more than one thousand ($1,000.00) dollars. In addition, any permit issued pursuant to this ordinance shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this ordinance. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.
4. 
Any outdoor wood-fired boiler, stove or furnace in place on a property as of August 15, 2015 that does not comply with subsection 525C2, as amended, shall be allowed to remain in place, provided that the owner applies for and receives all appropriate permits within one year of the effective date of this ordinance. If the owner of an existing outdoor wood-fired boiler, stove or furnace does not receive a permit or receive an approval from the Land Use Board within one year of August 15, 2015, the outdoor wood-fired boiler, stove or furnace shall be removed by the homeowner at the direction of the Township Construction Official.
[Ord. #2015-14 § 4]
[Ord. #2015-16]
Areas within the Township of Frelinghuysen are underlain with carbonate bedrock such as limestone and dolomite. The solution of this bedrock causes surface depressions, open drainage passages, and the development of irregular, subsurface rock topography known as karst. These conditions make such areas potentially unstable and susceptible to subsidence and surface collapse. As a result, the alteration of drainage patterns in these areas by the placement of impervious coverage, grade changes, or increased loads from site improvements can lead to land subsidence and sinkholes.
Fractures or solution openings and fissures in the limestone rock may lead to public or private water supplies, making those sources especially susceptible to groundwater contamination. Contamination of water sources can occur from solid and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances moving through fractures or solution openings and fissures within the rock.
Carbonate aquifers are an important source of groundwater in the municipality. The Township of Frelinghuysen relies on a clean supply of subsurface water to foster and promote human health, welfare and economic and social development. Therefore, the purposes of enacting this section are to protect, preserve and enhance a sensitive and valuable potable groundwater resource area and to reduce the frequency of structural damage to public and private improvements by sinkhole collapse or subsidence in areas of carbonate rock geology, thus protecting the public health, safety and welfare and insuring orderly development within the municipality.
[Ord. #2015-16]
For the purposes of this section, the following definitions shall apply:
AGRICULTURAL USE
Shall mean the production, keeping or maintenance of plants or animals for sale, lease or personal use.
BEDDING
Shall mean the arrangement of a sedimentary rock in layers of varying thickness and character.
BEDROCK
Shall mean a general term for the rock that underlies soil or other unconsolidated material.
CARBONATE AREA DISTRICT ("CAD")
Shall mean and is comprised of the Carbonate Rock District and the Carbonate Drainage Area.
CARBONATE DRAINAGE AREA
Shall mean watershed areas which directly drain into the Carbonate Rock District.
CARBONATE ROCK
Shall mean rock consisting chiefly of calcium and magnesium carbonates.
CARBONATE ROCK DISTRICT
Shall mean those land areas underlain by carbonate rock formations.
CAVE
Shall mean a natural opening of a size permitting human exploration and extending into a region of sharply reduced or no light.
CLOSED DEPRESSION
Shall mean a shallow, dish-shaped hollow on the land surface which, in areas of limestone geology, may be indicative of old sinkholes or incipient collapse.
COLLAPSE SINKHOLE
Shall mean a sinkhole caused by the collapse of the roof of a bedrock cavern.
DEVELOPMENT
For this section, shall be defined as set forth in the Municipal Land Use Law.
DISAPPEARING STREAM
Shall mean a stream that enters the subsurface through a sinkhole or other entrance.
DISSOLUTION
Shall mean a space or cavity in or between rocks, formed by the solution of part of the rock material.
DOLINE
See Sinkhole.
DOLOMITE
Shall mean a carbonate rock that contains more than fifteen (15%) percent magnesium carbonate.
DRAINAGE
Shall mean the process by which water moves from an area by stream or overland sheet flow and/or the removal of excess surface water from soil by downward flow through the soil profile.
FAULT
Shall mean a surface or zone of rock fracture along which there has been noticeable differential movement.
FISSURE
Shall mean an extensive crack, break, or fracture in the rock.
GEOLOGIC INVESTIGATION PROGRAM
Shall mean a program which identifies the geologic nature of the bedrock materials underlying the site, and provides solutions directed at preserving the water quality and assuring the safety of any planned facility or improvement built over carbonate rocks.
JOINT
Shall mean a fracture in rock generally more or less vertical or transverse to bedding, along which no appreciable movement has occurred.
KARST
Shall mean a type of topography that is formed over limestone or dolomite by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage, and irregular bedrock surfaces.
LIMESTONE
Shall mean a carbonate sedimentary rock consisting primarily of calcium carbonate. Limestone is commonly used as a general term for that class of rocks, which consists of at least eighty (80%) percent calcium or magnesium carbonate. In this subsection the term "limestone" shall be used generically to refer to carbonate rocks, limestone formations and Precambrian marble.
LINEATION
Shall mean any straight line or alignment of natural features seen on an aerial photograph or any geographically referenced source. Although some lineations may be geologically controlled, ground-based geologic investigations are necessary to define their existence and significance.
MARBLE
Shall mean a metamorphic rock consisting primarily of crystallized limestone or dolomite.
OUTCROP
Shall mean an exposure of bedrock projecting through the ground surface.
PINNACLE
Shall mean an irregular rock projection often buried beneath the ground surface.
SHEAR ZONE
Shall mean a zone in which shearing has occurred on a large scale so that the rock is crushed and brecciated (broken).
SINKHOLE (DOLINE)
Shall mean a localized land subsidence, generally a funnel-shaped or steep-sided depression, caused by the dissolution of underlying carbonate rocks or the subsidence of the land surface into a subterranean passage, cavity or cave. Sinkholes are formed by the underground removal of soil and rock material.
SOIL
Shall mean the material found in the surface layer of the earth's crust which may be moved by a spade or shovel.
SOLUTIONED CARBONATES
Shall mean carbonate rocks that have had cavities formed, fractures widened, and passages in the rock created through the dissolution of the rock by the passage of surface water.
SOLUTION CHANNELS
Shall mean tubular or planar channels formed by solution in carbonate rock terrains, usually along joints and bedding planes. These openings may serve as the water-bearing openings in carbonate rocks.
SOLUTION SINKHOLE
Shall mean a depression formed from the slow dissolution of bedrock.
SPRING
Shall mean a place where water naturally flows from rock or soil upon the land or body of surface water.
SUBSIDENCE SINKHOLES
Shall mean sinkholes formed by the downward settlement of unconsolidated overburden into openings in the underlying, soluble bedrock.
SURFACE RUNOFF
Shall mean the part of the precipitation that passes over the surface of the soil.
VOID
Shall mean an opening in the soil or rock materials.
[Ord. #2015-16]
In limestone areas, the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations, as contained in the Frelinghuysen Township Carbonate Area District Ordinance herein, shall create no liability on behalf of Frelinghuysen Township, the Land Use Board Engineer, municipal employees, municipal officials, or any municipal agencies or professionals as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. Frelinghuysen Township, its Board Engineer, municipal employees, municipal officials, and any municipal agencies and professionals assume no liability for any financial or other damages which may result from sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using land for construction of a building or structure or any activity which alters the soil and bedrock materials.
[Ord. #2015-16]
A. 
The provisions of this Section shall be applicable to all development activities in the Carbonate Area District as determined from the Critical Composite Map Set dated October 28, 2012 prepared as part of the Township's Environmental Assessment depicting the Critical Areas Maps of Frelinghuysen Township or as mapped by the USDA Natural Resource Conservation Service for Warren County requiring subdivision approval, site plan approval, or a building permit for new construction in connection with a major subdivision, including single-family detached dwellings to be constructed in connection with an application for a major subdivision, pursuant to this chapter. Nothing in this section shall be applicable to developments for which preliminary or final site plan or subdivision approval was granted prior to the effective date of this ordinance.
B. 
The requirements of this section are not applicable to the following which are exempt from its application: (a) Applicants seeking minor subdivision approval for the construction of single family residences; (b) Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, (c) additions to an existing single-family home in which they reside, and/or, (d) any structure within the Carbonate Drainage Area and one thousand (1,000') feet or more from the boundary with the Carbonate Rock District as determined from the Critical Composite Map Set dated October 28, 2012 prepared as part of the Township's Environmental Assessment depicting the Critical Areas Maps of Frelinghuysen Township or as mapped by the USDA Natural Resource Conservation Service for Warren County.
[Ord. #2015-16]
A. 
Carbonate Area District. The Carbonate Area District is hereby created and shall be any area identified as such within Critical Composite Map Set dated October 28, 2012 prepared as part of the Township's Environmental Assessment depicting the Critical Areas Maps of Frelinghuysen Township or as mapped by the USDA Natural Resource Conservation Service for Warren County. The district shall be constituted as secondary, or as an "overlay," to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of the Carbonate Area District shall be in addition to those requirements governing the existing zoning district.
The Carbonate Area District shall contain two areas, which shall be known as the Carbonate Rock District, and the Carbonate Drainage Area.
B. 
Carbonate Rock District. The Carbonate Rock District is composed of those areas of the municipality underlain by carbonate rocks. The geologic mapping utilized to prepare the Carbonate Rock District overlay boundary is derived from New Jersey Geologic Survey and United States Geological Survey maps. These maps are interpretations developed from available field observations and subsurface data; additional unmapped areas of limestone may exist in the Township of Frelinghuysen. Therefore, the provisions of this section may be applied to any development which, in the opinion of the Township of Frelinghuysen, is located in an area underlain by carbonate rock. The Carbonate Rock District map shall be updated as information is developed through the application of this section.
C. 
Carbonate Drainage Area. The Carbonate Drainage Area shall consist of all lands, which drain surface water into the Carbonate Rock District. Changes in the quantity, quality and rate of discharge of surface water runoff from land upslope of the Carbonate Rock District can adversely affect the Carbonate Rock District. Therefore, development activities in the Carbonate Drainage Area which may alter the surface drainage patterns or affect the water quality or increase runoff into the Carbonate Rock District shall be subject to the requirements of this section.
[Ord. #2015-16]
The following performance standards shall be applicable to development activities occurring in the Carbonate Rock District requiring major subdivision approval, site plan approval, or a building permit for new construction in connection with a major subdivision, including single-family detached dwellings to be constructed in connection with an application for a major subdivision:
A. 
The location of all sinkholes, disappearing streams, or other karst features identified during the geologic investigation program and shown on documents submitted shall be drawn on all final plats. The plats shall also note any site remediation techniques utilized to stabilize any solution channels or subsidence karst features. All final subdivision deeds shall contain the following wording:
"Block XX, Lot XX is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock. In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading, and the contamination of ground and surface waters.
The exact occurrence of sinkholes and/or subsidence is not always predictable; therefore, the administration of the Frelinghuysen Township Carbonate Area District Ordinance shall create no liability on behalf of Frelinghuysen Township, the Board Engineer, municipal employees, municipal officials, or any municipal agencies or professionals as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. Frelinghuysen Township, the Board Engineer, municipal employees, municipal officials, municipal agencies or and professionals assume no liability for any financial or other damages which may result from sinkhole activity.
It is also noted that sinkholes and ground subsidence may occur in areas outside the Carbonate Area District and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials."
B. 
The design and construction of the improvements listed in Table 1, annexed to this ordinance, shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and groundwater resources.
Carbonate formations present complex design and engineering challenges. As a result, the provisions of Table 1 were developed to provide an outline of geologic procedures, and minimum standards that might be useful to those using this section. None of the items is intended to preclude the application of judgment, innovation and experience. Table 1 represents the best technical judgment available at this time. As Frelinghuysen Township gains experience with this ordinance and the local geologic conditions, both the level of review and the scope of Table 1 may be evaluated.
A number of "testing" procedures are presented in Table 1. These include direct methods, such as site reconnaissance, test pits, test probes and test borings. These direct methods are essentially those procedures that allow the investigator to physically see or sample some of the geologic parameters of the site. Direct methods can provide an accurate picture of known site locations. It is then necessary to extrapolate these known data points to the entire site.
Indirect methods include the use of such items as aerial photography, satellite imagery and geophysical procedures. With geophysical procedures, one records some earth properties and attempts to correlate each property with more specific site characteristics, such as rock properties or depths. Indirect methods must be used with great care because of the complex nature of karst sites. Indirect methods may not detect small variations in the carbonate bedrock features, which may be of great significance to the project design.
For purposes of better understanding Table 1, a number of specific items are discussed herein.
C. 
Direct Methods.
1. 
Site Reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the landforms or karst features, which have occurred on the site over time.
2. 
Test Pits. Test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.
3. 
Test Probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile "jack-hammer" is used. Depth of normal penetration is usually less than fifty (50') feet. The "cuttings" are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
4. 
Test Borings. As discussed in Phase II, test borings can yield virtually complete and relatively undisturbed soil and rock samples. These borings provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.
D. 
Indirect Methods.
1. 
Aerial Photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black and white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.
2. 
Geophysical Procedures. Various geophysical investigation techniques can be used in karst terrains including: ground penetrating radar, electrical conductivity, electrical resistivity, electromagnetic conductivity, very low frequency (VLF) measurement, gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions, which should be interpreted by a person trained in geophysics.
These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.
The variability in physical properties and the solutioned nature of most carbonate rocks require an increase in the number of locations analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.
[Ord. #2015-16]
A. 
General Requirements.
1. 
All applicants for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings in connection with major subdivision approval, shall undertake a geologic investigation program. Projects located in the Carbonate Drainage Area shall comply with this Chapter and shall be based on the recommendation of the Board Engineer as per paragraph A5, below.
2. 
A professional engineer or geologist with experience in karst terrains shall prepare the geologic investigation program. The Board Engineer shall be similarly qualified to review all project submittals.
3. 
The Geologic Investigation Program shall identify the nature of materials underlying the site.
4. 
The geologic investigation report shall evaluate site information gathered during the geologic investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.
5. 
In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.
6. 
After the submission of the information required in the Phase I and reviewing the Board Engineer's report, the Land Use Board may grant a waiver from the requirement of part or all of the geologic investigation and report requirements under paragraphs E. and F., below.
B. 
Geologic Investigation Program Process.
For all properties located in the CAD, the applicant shall conduct a comprehensive geologic investigation program. The purpose of this program is to provide the Land Use Board with sufficient data to define the nature of all existing geologic conditions that may affect construction and land use activities on the site. Specifically, the investigations shall yield information, which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project. A geologic investigation program involves the following:
1. 
Phase I — submission of the application with appropriate mapping and indication as to whether the application impacts Carbonate Rock Areas in accordance with this chapter, and a review and report of the application by the Board Engineer.
2. 
Phase II — completion of the proposed Geologic Investigation Program by applicant, review by the Board Engineer and action on completeness by the Land Use Board; issuance of permit to undertake on-site testing.
3. 
Applicant undertakes on-site geologic investigation program, with observation by the Board Engineer.
4. 
Submission of a Geologic Investigation Report and site recommendation by applicant.
5. 
Board Engineer's review, report and final recommendation forwarded to Land Use Board.
6. 
Land Use Board acts on the geologic aspects of the proposed project.
C. 
Geological Investigation Program Time Limits.
1. 
Completing the Phase I process shall commence an investigation program. A report from the Board Engineer shall be rendered to the Land Use Board within thirty (30) days of the submission by the applicant of the application. The Land Use Board shall rule on the completeness of the Phase I submission within thirty (30) days of the receipt of the Board Engineer's completeness report. The Board Engineer's report shall either recommend that Phase II shall be commenced, or in the alternative, that portions or all of the requirements of the Phase II be waived.
2. 
If Phase II is required, the application shall be submitted to the Land Use Board and reviewed by the Board Engineer for completeness upon completion of the Phase II study. A completeness report shall be made to the Land Use Board within thirty (30) days of the submission by applicant of the Phase II study. The Land Use Board shall rule on the completeness of the application within thirty (30) days of the receipt of the Board Engineer's completeness report. The Board Engineer's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Board Engineer recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology, which would provide the requisite data. The Board Engineer may also recommend waiver of some or all of the required investigations in appropriate cases.
3. 
At the applicant's option, it may comply with Phase I and/or Phase II simultaneously, in which case the Township Geologist shall submit a completeness report to the Land Use Board within thirty (30) days of submission of the appropriate studies by the applicant. The Land Use Board shall act on the completeness report within thirty (30) days of submission of the Board Engineer's report.
4. 
After the Phase I and Phase II submissions have been made, and the application has been deemed complete by the Land Use Board and the Board Engineer has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing.
D. 
On-Site Investigation Protocol.
1. 
Any on-site investigations and tests undertaken pursuant to this section shall not begin until the applicant has received a permit pursuant to paragraph C., above. The applicant shall also be responsible for providing, at least fifteen (15) days prior to commencement of any testing procedures, written notice of same to the Land Use Board Secretary for investigations related to subdivision and site plan applications, or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, return receipt requested or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
2. 
The proposed development site shall be subject to inspection by the Board Engineer or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.
3. 
All samples taken shall be properly preserved and shall be available for examination by the Township upon request until the Land Use Board takes final action on the application.
E. 
Geological Investigation Report Requirements.
1. 
At the completion of the field investigation, a formal site investigation report shall be submitted to the Township and include any of the following required information gathered during the testing protocol: logs of all borings, test pits, and probes including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and groundwater, names of individuals conducting tests if other than the professional engineer or geologist referred to in the application or studies submitted by the applicant, analytical methods used on soils, water samples, and rock samples; a 1" = 100' scale topographic map of the site (at a contour interval of two (2') feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type; jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.
2. 
The report shall define the extent of geological findings at the site in relation to the planned development or land use. The recommendations proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
F. 
Township Review of Geologic Investigation Report.
1. 
Within forty-five (45) days of submission of the Geological Investigation Report by the applicant, the Board Engineer shall review and prepare a completeness report for submission to the Land Use Board. During the Board Engineer's review of the Geological Investigation Report for proposed development in the Carbonate Rock District, the Board Engineer shall consider the data, formal maps, drawings and related submission materials and shall advise the Land Use Board whether or not the applicant has provided the Township with:
a. 
Sufficient design, construction and operational information to insure that the proposed development of the property will not adversely impact on the health, safety and welfare of the community;
b. 
Proof that the proposed method of development of the property will minimize any adverse effects on the quality of surface or subsurface water, and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions;
c. 
Specific details insuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters will be properly implemented;
d. 
Specific details on inspection procedures to be followed during construction and after project completion.
2. 
The Land Use Board shall, within forty-five (45) days of the receipt of the report from the Board Engineer, approve or disapprove the proposed geologic aspects of the development plan and associated construction techniques. In the event the Land Use Board denies the proposed development plan and associated construction procedures the Land Use Board shall state in the resolution its reasons for disapproval.
[Ord. #2015-16]
A. 
In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered during or after construction. In such cases the applicant shall:
1. 
Report the occurrence of the hazard to the Township Clerk within twenty-four (24) hours of discovery;
2. 
Halt construction activities which would impact the geologic hazard;
3. 
Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the Board Engineer;
4. 
After obtaining approval from the Township, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;
5. 
Repair any damage to improvements and restore ground cover and landscaping;
6. 
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, file an amended application for a site plan or subdivision approval in compliance with the provisions of this section.
[Ord. #2015-16]
A. 
Compliance with this section is required prior to the granting of Township subdivision or site plan approval, the granting of building permits, except as exempted in subsection 526.4 herein, or the Township endorsement of State permits and treatment works approvals, unless the applicant is exempted from the provisions of this section or the requirements in this section have been waived. The enforcement officials for any application requiring the approval of the Land Use Board shall be the Board Engineer. The enforcement official for building permit applications that are subject to this section shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the Board Engineer shall serve as the enforcement officer. The Board Engineer shall serve as the enforcement official for wastewater systems requiring NJDEP permits or Treatment Works Approvals.
B. 
Failure to comply with any of the conditions in this may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques as outlined in the applicant's approved geologic report, are not followed and result in actions which adversely impact karst features.
[Ord. #2015-16]
On-site geologic information collected through the provisions of this section represents important resource data. Copies of the final geologic investigation report and all maps and accompanying data shall be submitted to the Township Clerk, Warren County Board of Health, and a copy filed with the Land Use Board Secretary. The Township shall develop a catalogue system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.
[Ord. #2015-16]
The applicant shall submit the application fees and escrow deposits specified in the Township Code for any project in the Carbonate Area District requiring a submission.
[Ord. #2015-16]
A. 
All applications for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings and located within the Carbonate Area District shall be accompanied by completed submissions as an initial step of the geologic investigation required herein.
B. 
Procedure for Submission of Documents.
1. 
The applicant shall submit the completed Phase I submission to the Township of Frelinghuysen Land Use Board for distribution to the Board Engineer. Applicants shall also submit the required application fee and escrow as per the Township's posted escrow and fee requirements.
2. 
Phase I and II submissions may be completed and filed prior to the completion of other required submissions at the applicant's option.
3. 
The applicant and the municipal Land Use Board will be advised within thirty (30) days of submission of the Phase I submission whether a waiver of completion of the Phase II study is being recommended by the Board Engineer. The Board Engineer may recommend a waiver of some or all of the required investigations as provided herein. The Land Use Board will act on the Board Engineer's completion report within thirty (30) days of receipt. Notice of the Township's action will be forwarded to the applicant in writing.
C. 
The Phase I submission is intended to ensure that the information to be submitted by the applicant demonstrates that the applicant has sufficient information available on geologic issues to enable the applicant to prepare a plan for investigation of the proposed development site.
D. 
Any applicant with questions regarding whether applicant is entitled to a waiver of some or all segments of the geologic investigation is encouraged to contact the Board Engineer prior to the commencement of the preparation of the geotechnical investigation program.[1]
[1]
Editor's Note: Table 1: Design Element, Risks, Testing Requirements, Performances Standards, Preferred Design Element and Remedial Plan Elements for Development in Karst Terrain is included as an attachment to this chapter.
The following provisions shall be applicable to the construction of new homes on residential lots:
A. 
Sites shall be graded to secure proper drainage and to prevent undesirable ponding of surface water. Grading shall be performed in a manner which will minimize land disturbance, soil compaction, and damage to or destruction of trees.
1. 
Topsoil shall be provided and/or redistributed on the graded surface as cover and shall be stabilized by seeding or planting.
2. 
Grading plans shall have been submitted and approved with the subdivision plat or site plan, and any departure from these plans must be approved by the Land Use Board.
3. 
Grading shall be designed to prevent or minimize damage to structures or improvements when major storms exceeding the 100-year storm design of the storm drainage system occur.
B. 
The site shall be graded to a storm drainage collector system of interior drainage, designed in accordance with the standards for storm drainage facilities, and suitable drainage easements shall be provided.
C. 
All tree stumps, masonry and other obstructions shall be removed and recycled according to Township or county standards.
D. 
Residential Lot Grading.
1. 
The minimum slope for lawns shall be 2% and for smooth, hard-finished surfaces 0.75%.
2. 
The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 12 units horizontal (1:12) for a minimum distance of eight feet.
3. 
A minimum of 15 feet behind the rear of any residential unit shall be graded at a maximum of 9% so as to provide a usable rear yard.
4. 
Where a lot cannot be graded in the rear yard in accordance with the provisions in this section, the Board may permit the construction of a deck or patio to serve as the usable rear yard area. The size of the deck or patio required would be at the discretion of the Land Use Board.
E. 
Swales.
1. 
When the terrain is such that stormwater will be directed toward a building foundation, appropriate measures such as swales and storm sewers shall be provided to intercept and drain surface water.
2. 
Swales must be located at least 15 feet from the front and rear faces of a building and 10 feet away from any side walls. Swales shall not cross any driveways.
3. 
Where swales are run across property boundaries, easements must be dedicated by recorded instrument in such a way as to give notice to future property owners of the need to preserve and maintain the swale.
F. 
The grade of land located within the dripline of a tree that is to remain pursuant to subdivision or site plan approval shall not be raised or lowered. Tree wells, retaining walls, and other approved means shall be employed in this case to preserve the integrity of the tree.
Prior to the issuance of any permits in connection with the construction of a new home on a residential lot, and prior to commencement of any work in connection with same, the owner shall install a tracking pad of suitable materials.