Township of Holmdel, NJ Zoning Design and Performance Standards

[1976 Code § 78-38; Ord. No. 3-82; Ord. No. 2004-09 § II]

Within any zone:

Where a nonresidential development abuts a residential zone or P-Public Land zone; or where bulk storage or trash collection points and off-street parking and loading for six or more vehicles abut a street or are visible from a residential use or zone; or where a multi-family development abuts a single-family development or single-family zoning district; or where reverse frontage design is required; or along all residential lot lines abutting an arterial or collector road (see Section 30-103b); or

Where any residential use abuts a park with active recreation uses, the following buffer area and landscaping requirements shall apply to the applicant.

In all instances described in paragraph a above, a strip of land 20% of the average width and depth of the property when a nonresidential use abuts a residential or P-Public Land zone on the side or rear, respectively, shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential or P-Public Land property lines and shall be of uniform width. In no case should the width of the buffer exceed 50 feet between two residential developments nor exceed the widths established in Section 30-55b4(c) for other uses. If the resulting buffer width calculated as a percentage of the lot width is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot high, wooden stockade fence and/or a solid visual barrier of plantings and/or a landscaped earthen berm within the buffer area set back a distance appropriate for the landscaping treatment in the buffer area. The buffer area between parking and loading areas and street rights-of-way shall be at least 15 feet wide, except that where the buildings, parking/loading areas or other improvements are at least 200 feet from a property line, the buffer width may be reduced to 10 feet.

In all instances described in paragraph b above, the residential use shall provide a strip of land 25 feet in width along the lot line as a buffer between the residential use and the park. The approving authority shall have the power to waive all or a portion of the buffer requirement, taking into account circumstances such as, but not limited to, the presence of a vegetated or wooded area on the park property. No buffer shall be required if a conservation easement at least 25 feet in width separates the park from the residential use. This exemption does not apply to any other buffers that may be required in such instances pursuant to paragraphs a and c of this section.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds, tall grass and dead trees by the owner. Any fences and screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season. All plantings which do not survive the first 12 months following certification shall be replaced by the builder/developer at no cost to the Township within 60 days of written notification.

No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except access drives from public streets, one unlighted directional sign per each direction of traffic per access drive and permitted signs as specified in the district regulations.

Requirements for Planting in the Buffer Area.

A solid and continuous landscaped screen shall be planted and maintained by the owner to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. In the event that existing evergreens do not provide an adequate buffer, supplemental plantings may be required. All plantings which do not survive the first 12 months following certification shall be replaced by the builder/developer at no cost to the Township within 60 days of written notification.

In addition to the landscaped screen, shade trees shall be planted by the applicant in accordance with the Holmdel Development Design Manual.

The height and location of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area or other improvement being screened. Where the landscaping is lower than the elevation of the area being screened, either the required height of the screen shall be increased equal to the difference in elevation, i.e., taller trees and shrubs and/or earthen berms to raise the elevations or the area being screened, or the landscaping shall be moved to allow the plantings to be located in an area with a similar elevation as the area being screened.

If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing specimen trees shall remain and selected other trees and shrubbery may remain and shall be supplemented by additional evergreen plantings approved by the approving authority to provide the required landscape screen. In the event that the approving authority finds that further planting of evergreens will not grow satisfactorily in the buffer areas, stockade fence(s), six feet high shall be erected in the buffer area.

The approving authority shall have the power to waive any of the buffer requirements if it determines an adequate buffer can be provided in less than the required widths while maintaining the purposes of this section. The approving authority shall review the proposed plat and the standards and purposes for buffers, considering the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as the density and maturity of existing trees and vegetation; streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; the adequacy and location of screening and parking areas; structures and uses; and similar features.

[1]

Editor's Note: Former Section 30-54A, Conditional Use Standards for the Location of Wireless Telecommunications Antennas and Towers, previously codified herein and containing portions of Ordinance Nos. 98-11, 2001-23 and 2001-25 was repealed in its entirety by Ordinance No. 2002-17.

[1976 Code § 78-39; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 86-28]

The purpose of this section is to provide flexibility in residential design options mutually acceptable to the approving authority and the developer, to preserve open space by permitting a reduction in residential lot size without increasing the number of lots or permitted number of dwelling units, to encourage energy conservation and the use of renewable energy sources by reducing streets and by offering more flexibility in designing a development, and to provide opportunities to generate sites for lower income housing.

Cluster developments may be approved in accordance with the following standards, provided that the tract size is at least 10 acres and the approving authority finds:

All dwelling units shall be connected to approved and functioning central water and central sanitary sewer systems.

The maximum number of lots or dwelling units shall be as set forth in the zoning provisions of Article V.

In the R-40A District land area equal to a minimum of 20% of the entire tract and in the R-40B District land area equal to a minimum of 40% of the entire tract, shall be set aside for agriculture or for open space or for recreation; buffer areas along arterial and collector streets, railroads, or nonresidential uses; conservation areas; floodplains; or common property, singly or in combination, except that where the bonus densities are used as permitted under subsection 30-127.6a, the portion of the tract so set aside may be reduced to not less than 15% and 20% respectively, and except further that land utilized for street(s), parking, drives and required yards shall not be included as part of the above required setasides. No more than 1/3 the required open space setaside may consist of environmentally sensitive areas for which zero credit was given toward the density calculations. Lands to be set aside shall either be: (1) dedicated to the Township (at no cost) with the Township having the option to accept the acreage being offered; (2) added to abutting lots as a conservation easement following a logical pattern of woodland, drainage corridors, slopes, wetlands, providing a buffer, or other conditions warranting their placement in a conservation easement. Where the open space set-asides are placed in a conservation easement, each deed shall contain language that complies with the applicable provisions of Section 30-58 in addition to language that prohibits the area within the conservation easement from being used for temporary or permanent improvements such as, but not limited to, structures, paving, and parking. Areas accepted by the Township may be dedicated for such public purposes as deemed appropriate by the Township Committee.

With respect to areas to be deeded to the Township:

(a)

Such areas will serve at least one of the purposes outlined above.

(b)

A stream or watercourse along which it is proposed to deed open space shall be major enough that it has a clearly defined floodplain. The width of the dedicated area shall be at least 200 feet and extend at least 10 feet beyond the floodplain limit. The width, location and condition of the dedicated area should be able to be left in its natural state with no regular maintenance required. If the area is likely to become the general alignment of a trunk sewer, proper location for the alignment shall be a consideration.

(c)

Buffers along major streets, railroads or nonresidential zone boundaries shall contain sufficient natural vegetation or proposed planting to become, within 10 years, a significant buffer for sight and sound and have maximum widths as follows:

Type	Maximum Width (feet)
Railroad	150
Parkway or arterial or collector street	100
Industrial or commercial zone	150
Other nonresidential zone	100

With respect to areas of conservation easements:

(a)

Such easements shall meet the requirements of Section 30-58. An open space easement may be established for the purpose of conserving and protecting natural features and vegetation, particularly trees in areas generally encompassing the rear of lots. Such easements should be intended to provide, in conjunction with areas deeded to the Township, strips of undisturbed vegetation around the perimeter of the development of groups of lots within the development. Access by deed in fee or by easement shall be provided to the Township to all areas deeded to the Township.

(b)

Such easements shall include natural growth or proposed plantings which will promote the aesthetic values of the development. Such growth or plannings should include a minimum density of trees of one for each 500 square feet, each having at least one-inch caliper one-foot above the ground, except that no trees shall be required in the area within 10 feet of a watercourse or within the floodplain of such a watercourse where a well-defined floodplain exists or within marsh or pond areas where trees cannot be maintained.

With respect to areas to be deeded to a homeowners' association:

(a)

Such areas shall meet the requirements of Section 30-68.

(b)

The requirements of paragraphs b4 and 5 above shall be complied with where applicable.

No final plat containing common open space to be owned and maintained by a homeowners' association shall be approved unless and until the approving authority has reviewed and approved the articles of incorporation of the association, model deeds, bylaws of the association and such further documents deemed necessary and the developer has made sufficient provision for the maintenance of the common open space and transfer of title thereof to the homeowners' association.

Lands offered to the Township and homeowners' association shall meet the following requirements:

The minimum size shall be five acres and the maximum size shall be eight acres, with no dimension being less than 200 feet if offered to the Township.

Lands for recreation purposes shall be improved by the developer, including grading, equipment, walkways and landscaping.

Dedicated land shall be an integral part of the development and designed, improved and located to best suit the purpose(s) for which it is intended.

Every parcel accepted by the Township shall be conveyed by deed at the time final plat approval is granted.

Concurrence of Governing Body Procedure. A copy of the proposal to dedicate land to the Township shall be transmitted to the governing body. The acceptability of the land shall be subject to the approval of the approving authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of the land.

[1976 Code § 78-40; Ord. No. 3-82; Ord. No. 84-7]

Regular Curbs. Unless waived by the approving authority, Belgian Block curb shall be installed along all streets and along all edges of pavement within a site. Where installed, the standard curb section shall be set in accordance with approved lines and grades. Radial curbs shall be formed in a smooth curve. Chord segments are prohibited. The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation. Where curbs are waived or where alternate curbs are allowed, such as combination curb or rolled concrete curb, an appropriate construction detail shall be submitted for approval and other equivalent or better methods of stabilizing the edge of paving, controlling erosion and managing stormwater shall be approved.

Rolled Concrete Curbing. Where required under provisions of this chapter, rolled concrete curb shall be constructed of Portland Cement which shall have a compression strength of 4,000 pounds per square inch after 28 days. The maximum length of sections shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed at a maximum spacing of 20 feet. The curb shall be 24 inches wide, six inches deep on the pavement side, 10 inches deep on the lot side, and shall have a one inch depression below the pavement side located about 1/3 the distance from the pavement edge. The side adjacent to the pavement shall be flush with the finished pavement surface.

[1976 Code § 78-41; Ord. No. 3-82; Ord. No. 2006-06 § 4]

All streets shall be designed to accommodate storm drainage along streets. Existing natural drainage patterns shall be preserved. Any system shall be adequate to handle all stormwater runoff and groundwater seepage which originates within the development and beyond. No water shall be diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. Piping of all stormwater is not required, but alternate, equivalent methods shall be approved by the approving authority and Municipal Engineer, considering safety, maintenance, aesthetics and the ability of an alternate system to provide proper drainage. The overall drainage plan shall consider ways in which groundwater recharge can be encouraged along with consideration of flood control, erosion control and having positive drainage, all in the interest of maximizing the utilization of the renewable resource of water. All drainage systems shall also be designed in accordance with the requirement of the Township's Stormwater Management and Control Ordinances (Section 30-157).

For storm curves used in computing stormwater runoff, see the Holmdel Development Design Manual.

Where storm drainpipes are installed outside of streets, easements or rights-of-way shall be required in accordance with Section 30-58. Required drainpipes shall be laid to the exact lines and grades approved by the Municipal Engineer.

Where piping of stormwater is required, drainage inlets shall be located at required intervals with access manholes placed at maximum specified intervals throughout the system and at pipe junctions, all as specified in the Holmdel Development Design Manual.

Where open swales are approved, they shall have a bottom elevation no higher than the bottom of the road base or such additional depth as may be required by the Municipal Engineer. Swales shall be planted to stabilize the soils along the sides and bottom according to the soil types and be sloped to handle the rate of runoff while not eroding the soil. Intersections shall be crowned to assure positive drainage into the swales. Where pipes are installed at road/driveway crossings or other required locations, the pipes shall be continuations of the swales.

Where development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement or conservation easement shall be dedicated to the Township. The easement and right-of-way shall include the provisions assuring the following: preservation of the channel of the watercourse; prohibition or alteration of the contour, topography or composition of the land within the easement and right-of-way except for Township drainage improvements and maintenance; prohibition of construction of plantings within the easement and right-of-way that will interfere with the natural flow of water; and reservation to the public of a right of entry for the purpose of maintenance work and of installing and maintaining a storm or sanitary sewer system or other public utility. The width of the easement along any watercourse shall be at least 50 feet from the center line in each direction or along the floodplain limit (Section 30-67), whichever is greater. A minimum 25 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. (See Section 30-58.) Special water resource protection areas shall be established along all waterways designated as Category One in accordance with Subsection 30-157.4q8 through 10 of this chapter.

[Amended 4-13-2021 by Ord. No. 2021-08]

When the amount of runoff determined by the approving authority engineer is sufficient to justify detention of peak flow, one or more detention basins or NJDEP Best Management Practices shall be required. Where detention basins are required, the design shall result in stormwater leaving the property at the same or lower rate, including runoff during peak flows, that existed prior to the development. All measures shall comply with the soil erosion, sediment control and topsoil provisions in Section 30-101 and the Stormwater Management and Control Ordinance provisions in Section 30-157. Grading shall direct drainage away from all buildings, prevent the collection of water in pools and avoid excess flow of stormwater from one lot to another.

Developments may incorporate other on-site stormwater detention or impound facilities in the following manner:

Shallow swales with no outlets, dry wells, seepage pits or similar structures which will impound water drainage only from other landscaped areas. The water will be left to evaporate and percolate. The swales shall be seeded and maintained as lawn areas.

Impound/detention basins along streams that maintain steady flows of water may be constructed, provided that they meet the standards and have been approved by the New Jersey Department of Environmental Protection.

Detention of stormwater on roof surfaces may be designated.

Other stormwater management and control measures designed in accordance with Section 30-157 and the NJDEP Best Management Practices Manual.

[1976 Code § 78-42; Ord. No. 3-82; Ord. No. 89-28; Ord. No. 91-15; Ord. No. 93-14; Ord. No. 95-28; Ord. No. 98-17 § I; Ord. No. 2001-28; Ord. No. 2005-32 § IV; Ord. No. 2005-39 §§ 3, 4; Ord. No. 2006-19 § III; Ord. No. 2007-15 § I; Ord. No. 2008-04 § I; Ord. No. 2018-16; amended 8-10-2021 by Ord. No. 2021-24]

Easement-specific regulations. The following provisions shall be applicable to the corresponding type of Township-held easement:

Drainage and utility easements.

(a)

Drainage and utility easements shall be alongside and/or rear property lines where possible, shall not be less than 25 feet wide, but may be wider along watercourses as set forth in §§ 30-57 and 30-67.

(b)

No structure of any kind, including, but not limited to, swing sets, play houses, decks, pools, patios or sheds shall be permitted within the area of a Township-held drainage or utility easement.

(c)

Notwithstanding the foregoing, fences may be installed within a Township-held drainage or utility easement in accordance with Subsection b2(c).

Landscape easements.

(a)

Landscape easements are intended to address those areas of a development that do not require as severe restriction as conservation easements. Generally, a landscape easement may consist of:

(1)

Berm areas that are used to screen developed areas from roads, railroads, etc.;

(2)

Man-made landscape areas that are intended to buffer different uses or homes as part of a subdivision or site plan project; and/or

(3)

Existing stands of vegetation that are not environmentally sensitive.

(b)

No person is permitted to remove any vegetation within a landscape easement. The owner or tenant of the property is allowed to perform regular maintenance on the vegetation and is allowed to supplement the existing landscaping with additional plants, including ornamental species. The owner or tenant is also permitted to perform manicure-type maintenance, such as the planting and maintenance of grass areas and ground covers.

(c)

No structure of any kind, including, but not limited to, swing sets, play houses, decks, pools, patios, sheds shall be permitted within the area of a landscape easement.

(d)

Notwithstanding the foregoing, fences may be installed within a Township-held landscape easement, so long as their construction is consistent with the New Jersey Department of Environmental Protection (NJDEP) guidelines for fencing in environmentally sensitive areas where NJDEP has jurisdiction, and the fence is installed in accordance with Subsection b2(c).

Site triangle easements.

(a)

Shall be governed by § 30-95.

Conservation easements.

(a)

Conservation easements may be required along drainage and stormwater courses and around ponds, marshes, bogs, streams and other watercourses, floodplains, along steep slopes or around significant stands of trees. Such easements are intended to preserve the stabilizing vegetation to prevent erosion and the siltation of streams. Such easements shall be dimensioned on the plat according to the limit of the natural conditions or such other configuration appropriate to the area being placed in the easement and the design of the development.

(b)

After an application for development has been made, the removal of trees, plant materials and ground cover shall be prohibited within any proposed conservation easement area prior to its legal establishment. Any removal of dead or diseased trees, thinning of trees or growth shall be prohibited until a plan showing these proposed actions is submitted and approved, in writing, by the Code Enforcement Officer, in consultation with the Township's Environmental Officer, Environmental Commission, and/or Landscape Architect. The removal of vegetation to provide pathways, areas of recreation or similar open space improvements shall be limited to the extent they are shown on the approved site plan.

(c)

After an application for development has been made, the removal of trash within any proposed conservation easement area prior to its legal establishment is explicitly permitted and encouraged.

(d)

The following activities shall be specifically prohibited within the conservation easement area once it has been legally established:

(1)

The cutting, mowing, trimming, removal or destruction of any trees, shrubs or understory plant materials, including, but not limited to, brush, shrubs, saplings, seedlings, undergrowth, ground covers, and grasses.

(2)

Any grading or other activities that would or might impair soil or slope stability or alter drainage patterns on or off the site.

(3)

Commercial timber cutting or harvesting of vegetative products for commercial purposes.

(4)

Maintenance or grazing of livestock.

(5)

Excavation, grading, dredging or removal of topsoil, sand, gravel, loam, rock or other materials.

(6)

Composting, dumping of soil, grass clippings, garden waste, household waste, sawdust, ashes, trash, construction materials or other debris of any kind.

(7)

Operation of any mechanical equipment of any kind, including recreational vehicles such as ATVs and snowmobiles, except as needed to undertake approved activities identified herein or in the conservation easement deed itself.

(8)

Construction, excavation, grading or the erection of retaining walls, buildings or other structures, roads, driveways, fences or utilities.

(e)

Diseased or hazardous trees or tree limbs may be removed from within a conservation easement to prevent personal injury or property damage, provided written notice is served upon the Code Enforcement Officer and the Township Administrator at least 10 business days prior to such removal. Where an emergency situation renders the giving of notice impracticable, the tree or limb may be removed without prior notice, but a signed statement from the owner of the underlying title giving the reasons for such removal shall be submitted to the Code Enforcement Officer and the Township Administrator within 10 business days thereof, along with appropriate documentation of the reasons in the form of photographs, corroborative letters or other evidence.

(f)

Nonnative and invasive plants may be removed from within a conservation easement, provided written notice is served upon the Code Enforcement Officer and the Township Administrator at least 10 business days prior to such removal.

(g)

New plantings may be installed within the conservation easement area if needed to supplement existing vegetation or to replace dead trees or other vegetation, provided such plantings are characteristic of native growth and with the prior written consent of the Code Enforcement Officer.

(h)

The conservation easement may provide for a municipally approved forest stewardship program that may also be used to satisfy the requirements for a forest stewardship plan to be approved by the State Forester.

(i)

The conservation easement language shall specifically provide for the right of the Township of Holmdel, the County of Monmouth and/or the Monmouth County Mosquito Extermination Commission to clean, remove silt or de-snag any stream channel, which may, in the opinion of the Township of Holmdel or the County of Monmouth, become necessary.

(j)

The conservation easement language shall specifically provide for public access for pedestrians to those portions of the easement that are shown in the Township's Master Plan as parts of the Township's planned greenway network. The public trail within a conservation easement shall be at least 50 feet, if feasible, from the necessary footprint area as defined in § 30-3.

(k)

A conservation easement shall not include any portion of the necessary footprint area as defined in § 30-3. Consequently, the principal building shall be located at least 20 feet from a conservation easement.

(l)

Any auxiliary building and structure inclusive of eaves, gutters or overhangs shall be setback at least 10 feet from a conservation easement, except that accessory structures less than 200 square feet in total area, including, but not limited to, fences, walls, patios, sheds, and walkways, shall be permitted to be installed up to the boundary of the easement, provided that the easement has been delineated in accordance with Subsection b6(d) and no part of the structure encroaches into the easement area.

Open space easements.

(a)

Open space may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open farmland may be counted as open space, but the footprint of any structure shall not be counted as open space with the exception of existing barns.

(b)

Open space shall include working farmland protected by a farmland easement and any and all parcels or areas of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. A residual dwelling site area shall not be counted as open space.

(c)

Detention basins with related inlet and outlet structures, other than rainwater gardens, are not considered incidental to the natural openness of the land, nor conducive to the use and enjoyment by others. Detention basins other than rainwater gardens are not to be considered open space.

(d)

In the R-4H and R-4R Districts, rainwater gardens, wet ponds, constructed stormwater wetlands and outlet structures permitted by a municipal, county or state agency are permitted in open space areas. Rainwater gardens and constructed stormwater wetlands shall be limited to 10% of the open space on each tract.

(e)

Streets' rights-of-way are not to be considered open space. However, in the R-4H and R-4R Districts only, a portion of a street right-of-way greater than 50 feet in width may be considered open space in accordance with the following formula:

Open space = Total area of right-of-way - Area having a width of 50 feet and a depth equal to the length of the right-of-way

(1)

If the cartway or cartways within the street right-of-way or a portion of the street right-of-way occupy greater than 50 feet of total width, the following formula shall apply in that area of street right-of-way occupied by a cartway or cartways greater than 50 feet in width:

Open space = Total area of right-of-way - Total area occupied by all cartways within the right-of-way

(2)

Any portion of a street right-of-way considered as open space shall be landscaped and accessible to the public.

Easement regulations. The following provisions shall be applicable to all Township-held easements unless otherwise provided.

Except to the extent expressly authorized by § 30-58, property owners, tenants or any other person or entity are prohibited from building any structures, walls, or fences on any Township-held easement or any part thereof, using the easement or any part thereof in such a way as to interfere with the Township's immediate and unimpeded access to the easement, clearing trees or vegetation from the easement, or otherwise interfering with the Township-held easement without the Township's approval in writing.

The following items may be built within Township-held easements subject to the corresponding terms:

(a)

Structures such as gazebos, kiosks, benches, and trail signs for public use and associated with greenway trails or public parks and recreation facilities that are shown in the Master Plan or part of an approved development plan.

(b)

Farm buildings and other structures which are accessory to farm use within farmland easements.

(c)

Fences, if the following terms are satisfied:

(1)

The fence is proposed in a drainage or utility easement or a landscape easement, as authorized in Subsection a.

(2)

The applicant has submitted a written request to the Township requesting to place a fence within a Township-held easement accompanied by a review fee/escrow of $1,500, $350 of which will be nonrefundable.

(3)

The Township Engineer has reviewed and approved of the installation of the fence.

(4)

The fence is compliant with all applicable provisions of § 30-65.

(5)

The applicant has entered into an encroachment agreement with the Township, upon terms deemed acceptable as to form by the Township Attorney, which shall contain the following provisions: a) the applicant is afforded a license to install the fence; b) the applicant agrees to indemnify the Township for all damages and liability arising from the proposed fence installation; c) the easement agreement incorporates terms and conditions as may be imposed by the Township Engineer; d) the encroachment agreement may reasonably be revoked by the Township, with the applicant then obligated to remove the fence at their own expense; e) that the encroachment agreement shall be run with the land and be binding upon successors in interest; and f) that the encroachment agreement may be recorded by the Township.

(6)

The Township Administrator is delegated authority to administer the provisions of this Subsection b2(c), and the actions provided herein shall not require formal action of the Township Committee.

All Township-held easements shall be conveyed to the Township by deed that is approved as to form by the Township Attorney and Township Engineer and accepted by resolution of the Township Committee. All Township-held easements shall additionally be dimensioned on the plat (if applicable) and identified as follows: "_____ easement granted to the Township as provided for in the Holmdel Development Regulations Ordinance."

Easement relief.

(a)

The Township does not have any obligation to provide easement relief as under this subsection. This subsection is only established as an accommodation to those proposing to take actions that are not permitted by Township-held easements.

(b)

The Township Committee shall not approve any relief pursuant to this subsection involving a conservation easement unless the applicant has obtained written confirmation from the New Jersey Department of Environmental Protection that it does not possess any interest in same.

(c)

Any person proposing to take any action or who has taken any action within a Township-held easement that violates this section or the instrument memorializing the Township-held easement, or seeks to change the boundary of a Township-held easement, shall be required to undertake the following procedure:

(1)

The applicant shall submit a written request specifically detailing the requested relief to the Township Administrator. The written request must specifically detail the requested relief in sufficient detail to allow for its review and consideration by the Township's professionals.

(2)

The written request shall be accompanied by a review fee of $2,500, $500 of which will be nonrefundable. In the event the expense to the Township for engineering, legal, or planning review paid to the Township's professionals exceeds the review fee, the applicant shall reimburse the Township for any deficiency.

(3)

The Township Administrator shall review the request, may request additional information from the applicant, and, after seeking such advice from the Township Engineer, Township Attorney or other Township agencies, employees or professionals as the Township Administrator deems appropriate, shall present the request to the Township Committee together with a recommended action.

(4)

The Township Committee shall, within the bounds of authority possessed by it, approve, disapprove, or approve with conditions the requested relief. This approval shall be made by written resolution of the Township Committee, or by ordinance if required by law.

(5)

In the event that the Township Committee seeks to approve relief that requires the adoption of an ordinance by law, and the relief to be approved was not a component of a land use approval by the Planning Board or Zoning Board in accordance with Subsection b4(e), following the Township Committee's introduction of the approving ordinance, the applicant shall be required to provide notice of the public hearing in accordance with the procedure contained in N.J.S.A. 40:55D-12(b) and provide evidence of same to the Township Clerk, prior to the Township Committee holding the public hearing or considering final adoption of the subject ordinance.

(d)

This section does not establish any right of hearing before the Township Committee.

(e)

In the event an applicant seeks relief pursuant to this Subsection b4 to construct improvements that nevertheless require subdivision, site plan, or variance approval, the Township Committee shall not act upon the request until the applicant obtains the required relief from the approving authority (Zoning Board of Adjustment or Planning Board) in accordance with Article II of this chapter. In such instances, the approving authority shall consider the application and render a conditional approval that is contingent upon the Township Committee thereafter approving the necessary relief.

Delineation.

(a)

All Township-held easements shall be marked on the land by iron stakes wherever the lines of the easement change course or intersect property lines and shall have the purpose of the easement identified in deed and on the plat.

(b)

All existing easements or proposed easements acquired or required on-site or off-site and on-tract or off-tract shall be shown on the subdivision or site plan and copies of the legal documentation that support the granting of an easement by the owner of the property shall be submitted with the application for approval. Concrete or commercially manufactured iron or aluminum monuments shall be installed in order to define the easement area. Monuments shall be of a size and shape required by N.J.S.A. 46:23-9.11 and N.J.A.C. 13:40-5.1, and amendments and supplements thereto, and shall be placed in accordance with the statute and Administrative Code. In addition to the required monuments after the grading is finished, the developer shall also install monuments at all angle lines of discontinuities in easement lines where such easements are not parallel to property lines.

(c)

Delineation of conservation easements during construction. Prior to the issuance of any permits or disturbance of any soil on any property upon which an easement to the Township is located, the developer, contractor, property owner or their servants, agents, employees, successors or assigns shall install snow fencing along the easement boundaries in order to protect the easement area during construction. Warning signage indicating the existence of the conservation easement inside of the fence, to be obtained from the Township Construction Office, shall be attached to the fencing facing away from the easement at fifty-foot intervals in the top third of the fencing. Fencing on each lot shall remain in place until a certificate of occupancy is issued.

(d)

Open space and conservation easement delineation and notification. Open space and conservation easements shall be delineated on-site by installation of four-inch-square, thirty-inch-long concrete monuments, appropriately marked. The monuments shall be visible aboveground once installed, after final grading and the installation of mulch, sod or ground cover. The proposed location of the concrete monuments required by this section shall be shown on the preliminary and final site plan or subdivision plats filed with development applications and the proposed monuments must be installed prior to construction. The monuments should be placed at each change in direction but in no case more than 250 feet apart. Additional monumentation, in the form of six-inch-square, five-foot-long wolmanized (or approved equal) wood posts, shall be installed adjacent to the concrete monuments. The posts shall be installed with concrete footings. The posts shall protrude two feet above the finished grade. The posts shall be marked with a metal tag in accordance with the approved detail. The tag shall be attached to face outward from the open space or conservation easement. All deeds to property containing open space or conservation easements shall recite the existence of the easement and explain the limitations on use imposed by the easements. Copies of the proposed explanatory language shall be submitted to the Planning Board or Zoning Board of Adjustment prior to final approval of a site plan or subdivision application.

Access and maintenance.

(a)

All Township-held easements shall specifically provide for the right of the Township of Holmdel, through any of its officers or agents, to enter and inspect the easement area to determine that the terms of the easement are being adhered to and that necessary maintenance is being undertaken.

(b)

Pursuant to a Township-held easement, the grantor shall retain all maintenance obligations for the subject property, and the Township as grantee shall not assume any maintenance obligations whatsoever, unless otherwise expressly provided in the instrument.

(c)

The owner of any land subject to a Township-held easement shall be responsible for the easement area and for the health of the vegetation and the condition of other natural features located therein, consistent with the provisions of this section. The responsibility of the owner shall include the obligation to inspect the premises on a regular basis and after storms for hazardous conditions that may pose a threat to adjacent properties, when necessary to obtain any required permission from the Township, and to promptly correct such hazardous conditions. This obligation may be reflected in the language of the easement itself, is applicable even if not specified in the easement, and shall accompany any transfer of title to the property.

Violations.

(a)

It shall be a municipal ordinance violation for any property owner, tenant, or other person or entity to take any action, fail to take any action, or maintain property in a manner contrary to the terms of § 30-58 or provisions contained in a development approval. Such violations shall be subject to the penalties in accordance with § 1-5 of the Township Code.

(b)

In addition to the potential issuance of a municipal ordinance violation, the following process shall govern the Township's enforcement of its rights and/or violations of Township-held easements:

(1)

When the Code Enforcement Officer has been determined that a property owner, tenant or any other person or entity has violated the provisions set forth in § 30-58, written notification of the violation shall be sent by certified mail, return receipt, from the Township to the property owner of record. The Code Enforcement Officer, in consultation with the Township's Environmental Officer, Environmental Commission, and/or Landscape Architect, shall determine the appropriate corrective or remedial action.

(2)

Within 10 business days of such notice, the owner shall provide a written response to the Code Enforcement Officer that either: a) agrees to take the requested corrective or remedial action, which shall be completed within a reasonable period thereafter; or b) make application to the Township pursuant to Subsection b4.

(3)

In the event of a violation of the provisions of Subsection a4(d), the owner shall also provide the Code Enforcement Officer with a restoration/revegetation plan from a licensed landscape architect, which shall contain the following:

(a)

Native plants of a species appropriate to the soil and light conditions at the site;

(b)

Trees shall be a minimum 1 1/2 inch caliper, seven feet to eight feet tall, balled and burlapped, and shrub containers, five-gallon minimum.

(c)

Spacing and placement shall render a natural setting.

(d)

Where appropriate, boundaries of the easement should have reinforced plantings to visually establish the easement's boundaries.

(e)

Any plantings failing within two growing seasons shall be replaced at the owner's expense.

(c)

In the event that the property owner, tenant, or any other person or entity fails to comply with the Code Enforcement Officer's directives, the Code Enforcement Officer shall refer the matter to the Township Attorney. In consultation with the Township Committee and Township Administrator, the Township Attorney shall be authorized to take the appropriate steps to enforce and protect the Township's interests in Township-held easements, including, but not limited to, appropriate litigation.

[Ord. No. 2001-28]

Delineation of a Protected Root Zone (PRZ). Prior to the issuance of any permits or disturbance of any soil, trees that are indicated to be saved on approved site plans shall have snow fencing installed around them. The fencing shall be installed around the trees at a distance determined by the critical root radius (CRR). The CRR (in feet) shall be 1.5 times the diameter of the tree (in inches) when measured 4.5 feet above the ground. (For example, a tree with a diameter of four inches would have a critical root radius of six feet.) Warning signage, to be obtained from the Township Construction Office, shall be attached to the fence at ten-foot intervals in the top third of the fencing. The PRZ shall remain closed to any activity including the staging of materials. No fencing shall be disturbed or removed from the lot until a certificate of occupancy is issued or written approval is obtained from the Township Engineer.

[Ord. No. 2006-19 § IV]

The following activities and structures shall be permitted within an area subject to a farmland easement:

Farming and agricultural activities limited to growing crops and horse breeding, grazing and training.

Farm buildings including greenhouses, barns, maintenance sheds and similar facilities.

A driveway no less than 12 feet in width and no greater than 18 feet in width connecting a residual dwelling site area to a public street.

All those activities and structures permitted in a landscape easement.

Notwithstanding the above, to the extent that the regulations of the State Agricultural Development Committee (SADC) or its successor agencies governing activities on farmland that qualifies for State Preservation Funds are more stringent than the standards in paragraph a above, the State standards shall control.

A rider stipulating the activities permitted within the farmland easement shall be attached to the deed of any land subject to a farmland easement and shall run with the land.

Within any tract subject to a farmland easement, no more than one residual dwelling site area shall be permitted subject to the following requirements:

The maximum size of the residual dwelling site area shall be two times the minimum lot size of a single-family residential dwelling lot in the district in which the land is located. If the land to which the farmland easement is applied is part of a cluster subdivision, the minimum lot size applicable to the cluster subdivision shall be used to calculate said maximum area.

The residual dwelling site area shall include no more than one single-family dwelling unit and any structures accessory thereto which are permitted for a residence in the zoning district in which the residual dwelling site area is situated. A residual dwelling site area may also include one or more structures accessory to a farm, provided that such structures meet the bulk requirements for accessory structures on a farm in the district in which the residual dwelling site area is located.

The lot coverage and floor area ratio of the dwelling shall be calculated based on the size of the residual dwelling site area. The maximum lot coverage and floor area ratio, if applicable, shall be the same as permitted for a residential dwelling lot in the district in which the residual dwelling site area is located. If the land to which the farmland easement is applied is part of a cluster subdivision, the maximum lot coverage and floor area ratio applicable to an individual dwelling lot in the cluster subdivision shall be applicable to the residual dwelling site area.

The yard, setback and building requirements applicable to the residual dwelling site area shall be the same as those for a single-family residential dwelling in the district in which the area is situated. Setbacks shall be calculated from the lot lines and not from the boundaries of the residual dwelling site area. If the land to which the farmland easement is applied is part of a cluster subdivision, the yard, setback and building requirements applicable to an individual estate house shall apply to the residual dwelling site area.

The maximum driveway width in the farmland easement shall not apply to the residual dwelling site area, where wider driveways shall be permitted to facilitate vehicle maneuvering.

[1976 Code § 78-43; Ord. No. 3-82; Ord. No. 2005-39 § 5]

Each application for site plan or subdivision approval shall be accompanied by an environmental resource survey documenting the existing natural features on the site and an environmental impact report that describes and evaluates the impact of the proposed development. The purpose of these is to permit the approving authority to evaluate the natural conditions and limitations of the site and to guide the preservation of high priority natural resources, woodlands, and ecosystems. The applicant should use these to guide the layout of the proposed development so as to minimize the environmental impacts. The environmental resource survey and the environmental impact report shall be prepared by one or more qualified professionals such as an engineer, forester, ecologist or landscape architect and shall be site specific. The Township's Environmental Resource Inventory (formerly Natural Resource Inventory) that is maintained by the Environmental Commission may be used as a source document.

The environmental resource survey shall include a natural resource survey map and an aerial photograph.

The natural resource survey map shall show the following on the tract and within 200 feet of the tract boundary at a scale of one inch equals 100 feet or larger and at the same scale as the rest of the site plan or subdivision submission:

(a)

Topography at two-foot contour intervals;

(b)

A steep slope analysis showing areas of steep slopes in each of the following ranges: under 8%, 8% to 14.99%, 15% to 24.99% and greater than 25%, as well as areas of highly erodible soils (based on the Natural Resources Conservation Service, Monmouth County Soil Survey data);

(c)

State-designated Forested Natural Heritage Priority Sites;

(d)

Woodlands identified in the New Jersey Landscape Project as either Forests or Forested Wetlands that create a habitat having a ranking of 3, 4 or 5 for rare, threatened or endangered species;

(e)

Intermittent and perennial streams, lakes, and other water bodies;

(f)

100-year floodplains;

(g)

Wetlands, required wetlands transition areas, and vernal pools;

(h)

Required stream corridor buffers (See subsection 30-116.7);

(i)

Proposed landscape and conservation easements;

(j)

Soils with a legend showing soil names and characteristics, including the limitations and potential for forest growth and the types of native forest species typically associated with each soil type, based on the Natural Resources Conservation Service, Monmouth County Soil Survey;

(k)

Areas of groundwater recharge equal to or greater than the median groundwater recharge rate for the municipality as a whole, based upon the New Jersey Geological Survey or municipally-approved alternate data source, if available;

(l)

Aerial extent of forest and tree cover which shall encompass the outside perimeter of the canopy of individual trees;

(m)

Forest stand data: the forested portions of the property shall be divided into separate forest stands for the purpose of describing the different forested areas of the tract as required in paragraphs c1(1) and (m) below; stands smaller than five acres shall be fully described; stands of five acres or larger shall be sampled, and the stand shall be statistically described based on the sample data.

(n)

Locations, species, sizes, and condition of all specimen trees and of all individual trees with DBH greater than six inches that are not located in a delineated forest stand; and

(o)

Existing man-made structures.

The most current and readily available aerial photograph of the tract and the area within 1,000 feet thereof at a scale of one foot equals 400 feet or larger and preferably at the same scale as the natural resource survey map.

The environmental impact report shall include the following:

An inventory of the following on-site conditions and an assessment of the probable impact of the development upon them:

(a)

Water supply.

(b)

Water quality.

(c)

Flood plain protection.

(d)

Soil erosion.

(e)

Sewage disposal.

(f)

Vegetation protection.

(g)

Air quality.

(h)

Historic landmarks, sites, and structures.

(i)

Site aesthetics, e.g., viewsheds, views such as scenic views of open space from public rights-of-way, terrain, mature wooded areas, etc.

(j)

Slopes in excess of 15%.

(k)

Threatened and endangered species.

(l)

A description of each forest stand on the site including, for each stand, the dominant and co-dominant species, understory vegetation, range of sizes in diameter at breast height (DBH), the health and condition of the trees in the stand, and the extent and nature of invasive species within the stand; and

(m)

Copies of the sampling point data sheets and summaries.

A description of the development and a description of how the development proposal including any proposed subdivision and streets and/or site plan works to preserve the natural resources identified in the environmental resource survey. This should also include a description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules and other explanatory data.

An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation.

Air and water quality shall be described with reference to standards of the Department of Environmental Protection. Soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and high water table.

Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.

When making a determination whether a structure, either existing or planned, is a single-family dwelling or a multi-family dwelling, the appropriate Township official or agency shall give consideration to, among other factors, the characteristics set forth in subsections 30-60.2 and 30-60.3.

[Ord. No. 2000-11 § II]

It is recognized that in most instances when called upon to make a differentiation between a single-family dwelling and a multi-family dwelling, the Township official or agency will be confronted with a typical single-family dwelling unit, but with additional characteristics which may be indicative of the capacity to function as a multi-family dwelling unit. If, in addition to the facilities that are normally associated with a single-family dwelling, (full bath(s), full kitchen, living area, bedroom areas), a structure exhibits some or all of the characteristics described in subsection 30-60.2, the Township official or agency should give consideration that the structure is, in actuality, a multi-family dwelling unit. The Township official or agency must engage in a discretionary weighing process using the characteristics listed in subsections 30-60.2 or 30-60.3 as guidelines only. The Township official or agency is encouraged to consider all other relevant factors which present themselves and which may not be set forth in subsections 30-60.2 or 30-60.3. The absence of one or more of the characteristics set forth in subsections 30-60.2 or 30-60.3 is not determinative, but is to be considered relevant in the weighing and decision making process.

[Ord. No. 2000-11 § II]

The following are characteristics which may be indicative of a single-family dwelling properly being determined to be a multi-family dwelling.

Facilities as described in paragraphs b, c and d below:

Being located in close proximity to each other; and

Being located separate from the main portion of the dwelling unit. Separate as used herein can mean:

(a)

Located in a portion of the structure, connected to the main structure by an area not normally used for occupancy, i.e. garage.

(b)

Located in the same structure, but:

(1)

On a different level, separated by stairs, or by stairs and a door;

(2)

On the same level, but separated by a wall with no access between it and the main portion of the dwelling unit;

(3)

On the same level, but separated by a door.

Full kitchen (stove, sink and refrigerator, at a minimum).

Full bath.

Room or area with a closet or other configuration which would accommodate sleeping quarters.

Separate entry from outside the main portion of the dwelling unit, with easy accessibility to garage, driveway, road or other such configuration which would promote the independence and separateness of the unit.

Additional rooms or areas which would accommodate or serve as living room, den, dining area, entertainment area, etc.

One or more separate utility facilities.

[Ord. No. 2000-11 § II]

The following are characteristics which may be indicative of a single-family dwelling merely with enhanced facilities and not indicative of a multi-family dwelling:

No separate entrance into enhanced facility area from outside the dwelling.

Only one separate entrance which opens onto pool area or other similar outdoor entertainment area.

Partial kitchen or partial bath facilities.

No area to accommodate sleeping quarters.

Open connection (no walls or separating doors) with main portion of dwelling unit.

On same level as main portion of dwelling unit.

[Ord. No. 2000-11 § II]

Only in the event that the Township official or agency, after having weighed all characteristics and factors, finds that the preponderance of the evidence, although by a small margin, supports a determination that the dwelling is a multi-family dwelling, the Township official or agency may issue or order the issuance of the requested permit or certificate as a single-family dwelling provided the record title owner(s) will execute a deed containing a restrictive covenant against using the dwelling for multi-family purposes. Such deed must be in recordable form and shall be subject to the review and approval by the Township attorney.

[Ord. No. 2005-32 § V; Ord. No. 2005-38 §§ I, II, IV; Ord. No. 2006-19, § V]

Residential buildings in the R-4H and R-4R Districts must conform to one of the following building types, in accordance with the list of permitted building types and uses for each district and in accordance with the locations for each building type shown in the Master Plan.

Hamlet Estate House.

Green Estate House.

Rural Estate House.

Individual Estate House.

Specifications for each of the building types are provided in this section.

Specifications for Hamlet Estate House.

Lot Attributes	Minimum	Maximum
Width	150 feet	N/A
Depth	250 feet	N/A
Area	52,500 square feet	N/A

Yard Attributes.
Front Landscaping (optional): solid hedging, three feet installed height; or maximum four feet high picket fence or stone wall. To be installed or planted four feet from right-of-way.
Side Landscaping (optional): solid hedging, three feet installed height, along one side property line. Each property shall provide hedging on the side property line facing the north, west or northwest.
Front yard: 40 feet minimum
Rear yard: 25 feet minimum
Side yards: 15 feet minimum (one side); 20 feet minimum (driveway side). Minimum driveway setback from side property line: five feet.
Minimum accessory structure setback; 20 feet from any lot line. Accessory structures shall also be subject to the requirements in Section 30-52.
Width of driveway: 12 feet minimum and maximum. (Note: The portion of the driveway adjacent to a garage may be wider than the maximum width specified here to facilitate vehicular maneuvering.)
Maximum lot coverage: 30%. (Note: Coverage limit applies only to the individual building lot and not to the zone district as a whole, in which significant open space preservation is required.)
Building Attributes.
Maximum floor area ratio: 0.20

Heights	Minimum	Maximum
Floor to ceiling height	8 feet	12 feet (except cathedral space)
Floors	2	2.5
Maximum height to ridge: 40 feet.

Note: The developer is encouraged, but not required, to provide the garage in the rear where feasible.

Specifications for Green Estate House.

Lot Attributes	Minimum	Maximum
Width	180 feet	N/A
Depth	250 feet	N/A
Area	60,000 square feet	N/A

Yard Attributes.
Front Landscaping (optional): solid hedging, three feet installed height; or maximum four feet high rail fence. To be installed or planted four feet from right-of-way.
Side Landscaping (optional): solid hedging, three feet installed height, along one side property line. Each property shall provide hedging on the side property line facing the north, west or northwest.
Side yards: 20 feet minimum (one side); 35 feet minimum (driveway side). Minimum driveway setback from side property line: five feet. If the garage is provided in the rear, minimum driveway side setback is 20 feet.
Front yard: 60 feet minimum.
Rear yard: 25 feet minimum.
Minimum accessory structure setback: 20 feet from any lot line. Accessory structures shall also be subject to the requirements in Section 30-52.
Width of driveway forward of front building line: 12 feet minimum and maximum. (Note: The portion of the driveway adjacent to a garage may be wider than the maximum width specified here to facilitate vehicular maneuvering.)
Maximum lot coverage: 25% (Note: Coverage limit applies only to the individual building lot and not to the zone district as a whole, in which significant open space preservation is required.)
Building Attributes.
Maximum floor area ratio: 0.20

Heights	Minimum	Maximum
Floor to ceiling height	8 feet	12 feet (except cathedral space)
Floors	2	2.5
Maximum height to ridge: 40 feet

Specifications for Rural Estate House.

Lot Attributes	Minimum	Maximum
Width	180 feet	N/A
Depth	250 feet	N/A
Area	60,000 square feet	N/A

Yard Attributes.
Front Landscaping (optional): Maximum four feet high rail fence. To be installed four feet from right-of-way.
Side yards: 20 feet minimum (one side); 35 feet minimum (driveway side). Minimum driveway setback from side property line: five feet. If the garage is provided in the rear, minimum driveway side setback is 20 feet.
Front yard: 60 feet minimum
Rear yard: 25 feet minimum
Minimum accessory structure setback: 20 feet from any lot line. Accessory structures shall also be subject to the requirements in Section 30-52.
Width of driveway forward of rear building line: 12 feet minimum and maximum. (Note: The portion of the driveway adjacent to a garage may be wider than the maximum width specified here to facilitate vehicular maneuvering.)
Maximum lot coverage: 25% (Note: Coverage limit applies only to the individual building lot and not to the zone district as a whole, in which significant open space preservation is required.)
Building Attributes.
Maximum floor area ratio: 0.20

Height	Minimum	Maximum
Floor to ceiling height	8 feet	12 feet (except cathedral space)
Floors	2	2.5
Maximum height to ridge: 40 feet

Specifications for Individual Estate House.

Lot Attributes	Minimum	Maximum
Width	250 feet	N/A
Depth	200 feet	N/A
Area	4 acres	N/A

Front landscaping: (optional) maximum four feet high; hedging, picket or rail fence or stone wall along front property line. This standard shall not be construed or enforced as a requirement.

Side yards: 40 feet minimum setback (each)

Front yard: 50 feet minimum setback

Rear yard: 50 feet minimum setback

Building and garage footprint:

Maximum area 15,000 square feet excluding barns and farm buildings

Maximum gross floor area ratio: 0.15

Maximum lot coverage: 12% of lot area

Maximum height (feet): 40 feet to ridge of roof

Maximum height (stories): 2.5

[Added 8-10-2021 by Ord. No. 2021-24]

Sheds shall be permitted to be constructed in the side or rear yards of single-family residential lots in accordance with the area, height, and setback requirements of this section.

On single-family residential lots equal to or less than 20,000 square feet, one shed shall be permitted, not to exceed 100 square feet in area or 15 feet in height, with minimum required setbacks of four feet from a side yard property line and five feet from a rear yard property line.

On single-family residential lots larger than 20,000 square feet but less than 60,000 square feet, one shed shall be permitted, not to exceed 200 square feet in area or 15 feet in height, with minimum required setbacks of 10 feet from a side yard or rear yard property line. For sheds measuring less than 100 square feet in area, the minimum required setbacks along rear shall be reduced to four feet from a side yard property line and five (5) feet from a rear yard property line.

On single-family residential lots larger than 60,000 square feet, one shed shall be permitted, not to exceed 200 square feet in area or 15 feet in height, subject to the following minimum setback requirements from side and rear yard property lines:

R-4, R-4H and R-4R Zones: 20 feet.

All other zones: 10 feet.

Any shed exceeding the applicable permitted square footage set forth in this section shall be considered an accessory building and subject to the general requirements of § 30-52 and the setback requirements of the zone in which it is located.

[Ord. No. 2014-04]

Whole house electric generators and similar externally located appliances normally associated with detached single-family dwelling units, such as air-conditioning units, heat pump units and the like (hereafter "appliances"), shall be permitted in conjunction with a detached single-family dwelling unit use provided:

The edge of the appliance nearest to the dwelling unit it is serving is within six feet of the dwelling unit.

The edge of the appliance furthest from the dwelling unit it is serving is more than 10 feet from the closest property line.

The entire appliance is located behind the setback line of the dwelling unit.

[1976 Code 78-44; Ord. No. 94-31; Ord. No. 95-20]

All fences and fence installations shall comply with the following regulations:

All fences and walls must be erected entirely within the property line.

No fence shall be erected within any public right-of-way, sight triangle or public easement, except as permitted by § 30-58.

[Amended 8-10-2021 by Ord. No. 2021-24]

When any fence is designed to have a "front" and a "back," the "front" of the fencing shall face toward the closest property line, while the "back" of the fencing shall face toward the interior of the property upon which the fence is being erected.

All fences and walls shall be maintained in a safe, sound and upright condition.

No fence or wall shall be erected which is embedded with or made of pieces of glass, sharpened metal, or sharp or otherwise hazardous material, nor shall any fence or wall be erected which is intended to injure persons or animals.

Fence height shall be measured from ground level at the fence post to the highest portion of the fence, except when erected upon a man-made berm or a nonretaining wall between single-family lots; the height shall be measured from the base of the man-made berm or nonretaining wall.

Tennis and basketball courts. Fences on residential lots for tennis and basketball courts may be erected to a height not to exceed 12 feet above ground level. Fences on residential lots for tennis and basketball courts shall be comprised of chain-link material or material substantially similar to chain link so as not to create a solid or closed surface. Weaving of material between links, or otherwise creating a closed fence surface is prohibited. Fences shall not be located in the front yard of any residential lot.

[Amended 8-10-2021 by Ord. No. 2021-24]

Nonconforming Walls and Fences. Any fence or wall legally existing at the time of the adoption of this ordinance even though not conforming to the provisions of this section may be continued in existence upon the lot as a nonconforming fence or wall. Any such fence or wall may be restored or repaired in the event of partial destruction thereof. The interpretation of rights conferred upon nonconforming structures pursuant to N.J.S.A. 40:55D-68 shall apply to the rights conferred upon nonconforming fences and walls pursuant to this section.

[1976 Code 78-44; Ord. No. 94-31; Ord. No. 98-26 § II]

Fences and walls on residential lots may be erected, altered or reconstructed to a height not exceeding six feet above ground level when located in other than the front yard and not exceeding four feet in height when located in the front yard except for gate pillars. Gate pillars (including lights, ornaments and any part of the structure) in the front yard shall not exceed six feet in height. On a corner lot, the front yard referred to above shall relate only to the street upon which the principal dwelling faces. Those portions of the fence located in the front yard shall not have more than 60% closed surface.

[1976 Code 78-44; Ord. No. 94-31]

Fences and walls in commercial and/or industrial areas may be erected to a height not to exceed six feet above ground level in any yard, except that open wire fences may be erected to a height not to exceed eight feet above ground level for security purposes.

[1976 Code 78-44; Ord. No. 94-31]

On lots eligible for the keeping of farm animals, open wire fences may be erected to a height not to exceed six feet within any part of the premises. Any other type fence or wall may be erected to a height not to exceed four feet when located within 25 feet of any street line, and six feet when located more than 25 feet from a street line.

[1976 Code 78-44; Ord. No. 94-31]

Barbed wire fences shall not be permitted except on farms and on an industrial lot to the extent not contravened by any State Statute or regulation. When used in an industrial area, barbed wire may only be used when needed for security purposes and must be mounted on top of a fence having a minimum height of six feet above ground level.

[1976 Code 78-44; Ord. No. 94-31]

Electrically charged fences may be used only on farms. All electrically charged fences shall be posted with signs designed to warn persons of their presence and nature. This provision shall not prohibit the use of "Invisible fences^®" used to control domestic animals.

[1976 Code § 78-44; Ord. No. 3-82; Ord. No. 94-31]

Any fence or wall legally existing at the time of the adoption of this chapter even though not conforming to the provisions of this chapter may be continued in existence upon the lot as a nonconforming fence or wall. Any such fence or wall may be restored or repaired in the event of partial destruction thereof. The interpretation of rights conferred upon nonconforming structures pursuant to N.J.S.A. 40:55D-68 shall apply to the rights conferred upon nonconforming fences and walls pursuant to this section.

[1976 Code § 78-45; Ord. No. 3-82; Ord. No. 97-16 § III]

Whenever a central water supply system serves a development, provision shall be made for fire hydrants along streets and for fire department standpipe connections on the walls of nonresidential structures. The location of fire hydrants and standpipe connections shall be approved by the designated representatives of the Holmdel Fire Department or fire hydrant examiner in accordance with the standards set forth in NFPA 1141 (National Fire Codes). The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant with the fire flow capability required by NFPA 1141.

[1976 Code § 78-46; Ord. No. 3-82; Ord. No. 24-82; Ord. No. 2006-06 § 5]

Also see Sections 30-57, 30-58, 30-101 and 30-157.

Floodplains Shall Be Preserved and Not Built Upon. Where a property containing a floodplain is proposed for development or other improvements, no proposed development or structure except approved drainage structures shall be located within a 100-year floodplain. The uses permitted in the 100-year floodplain shall be limited to general farming, overflow parking or areas serving peak parking and loading demands, lawns, gardens, detention basins and ponds meeting other State regulations and open space/recreation uses not requiring structures. No septic systems shall be in the 100-year floodplain. The 100-year floodplain shall be at least as designated on the streams identified by the adopted Federal Emergency Management Agency Flood Insurance Study, flood insurance rate map, floodway and flood boundary map prepared by the National Flood Insurance Program, or such broader area on those streams as might result from on-site evaluation. On streams not identified by the National Flood Insurance Program, the 100-year floodplain shall be as delineated by a developer's engineer and approved by the Township Engineer.

Purposes. The purposes of the floodplain regulations are as follows:

To prevent the encroachment of development into flood hazard areas in order to protect human life and health.

To implement the rules and regulations promulgated by the New Jersey Department of Environmental Protection.

To guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas to other locations outside flood hazard areas through cluster zoning and other planned developments.

To prevent pollution during low or high water periods by eliminating unsanitary or dangerous substances in flood hazard areas.

To minimize public expenditures for flood control projects, repairs to public facilities and utility services and rescue and relief efforts.

To minimize disruption in homes, businesses and places of employment.

To give better assurance that buyers are notified of the limits of properties in a flood hazard area and that those who occupy properties in these areas assume responsibility for their actions.

[1976 Code § 78-47; Ord. No. 3-82; Ord. No. 85-12]

Where open space or common property is generated and the Township will not take title to such land, a Homeowners' Association shall be established in accordance with N.J.S.A. 40:55D-43. The creation of the organization shall be approved by the Township Attorney and shall incorporate the following provisions which shall be submitted and approved prior to final plat approval.

Membership by all owners of property or interests in the project shall be mandatory and shall be included as a permanent deed restriction on each lot or interest in the property. The deed restriction shall be filed in the same manner as the filing of deeds and/or final plats after a final subdivision approval, otherwise the final plat approval of the development creating the Homeowners' Association shall be void. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs and providing that the Township shall be a beneficiary to such covenant entitled to enforce this provision. The assessment levied by the organization upon each property owner may become a lien on each property owner's property.

The organization shall be responsible for liability insurance, with the municipality carried as a named insured, taxes, maintenance and any other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any common open space or common property by sale or otherwise, except to an organization conceived and established to own and maintain such open space or property for the benefit of such development. Thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the municipality(s) wherein the land is located.

The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of its covenants, model deeds and articles of incorporation. The master deed shall state that every tenant and property owner shall have the right to use all common properties.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township Committee, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township Committee shall determine such organization is not ready and able to maintain the open space and property in a reasonable condition, the Township Committee may, in its discretion, have the Township continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes. No such lien or tax, however, may be placed against an LIRPP property unless so allowed in the Administrative Code adopted by the Township which shall govern low and moderate income housing.

[1976 Code § 78-48; Ord. No. 3-82; amended 8-10-2021 by Ord. No. 2021-24]

The objective is to provide safety and security on the site and minimize undesirable off-site effects. While mounting heights may vary, the intent is to minimize the heights of lights. All area lighting in places such as parking lots or for security shall provide translucent fixtures with shields around the light source. In all instances, no lighting source shall shine or reflect into windows or onto streets and driveways. No lighting shall be a beam or a rotating, pulsating or other intermittent frequency.

Lighting on one- and two-family residential properties shall be shielded from streets and nearby properties to prevent glare onto streets and nearby properties, and to prevent light trespass across property lines This provision shall not be applicable to lighting governed by Subsection c.

Residential private recreation lighting. Aboveground illumination in connection with a private swimming pool, sports court, or other recreational purpose on a single-family residential property shall be subject to the following requirements:

No lighting fixture installed shall exceed 15 feet in height to its highest point as measured from ground level at the surface to be illuminated.

In order to prevent direct or indirect glare, all lighting fixtures for residential private recreation shall be designed and located so that the direct source of light is not visible from any adjoining residential property or public street.

Illumination levels shall not exceed 20 footcandles at any point, as measured from the ground level at the surface to be illuminated. This measurement shall be conducted in accordance with generally accepted engineering standards and shall include and be the sum of the combined illumination of the recreation lighting, other lighting on the property and lighting from any natural light sources.

Residential private recreation lighting shall not be permitted to be illuminated after 11:00 p.m.

All exterior lighting fixtures, except those serving one- and two-family dwellings, or street lighting maintained by a governmental authority, shall be designed, installed, and maintained in accordance with the following standards:

In connection with every site plan, the applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, specifications for all fixtures, mounting heights, radius of light, intensity in footcandles, and any other details to allow for efficient evaluation with the requirements of this section.

No lighting fixture shall exceed 20 feet above ground level in its vicinity or the height of the principal building on the lot, whichever is less.

All lighting used for security purposes or to illuminate parking lots, walkways, or private roadways shall be designed to prevent light trespass and directed so that the direct glare source shall not be visible from any adjacent property. The light intensity provided at ground level shall average between 0.5 and 1.0 footcandle over the entire area, with a maximum of 10 footcandles at any point. The uniformity ratios shall be as follows:

(a)

Average-to-minimum uniformity ratio < 4.

(b)

Maximum-to-minimum uniformity ratio < 10.

Light intensity shall not exceed 0.1 footcandle at any residential property line or 0.3 footcandle along any other property line.

The approving authority shall make exception, where required, to permit increased average light intensity at ATM locations, as per N.J.S.A 17:16K-10, or where otherwise required for security purposes for a given use.

The approving authority shall have the authority to enact special provisions in cases where lighting is to remain on later than 11:00 p.m.

Except as otherwise provided by this section, all illumination shall be consistent with the most current edition of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook and other applicable IESNA publications.

[1]

Editor's Note: For additional provisions concerning Low and Moderate Income Housing, see Chapter 14. Affordable Housing.

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7]

The purposes of this section are to assure a variety of opportunities to provide the Township's fair share of lower income housing without undue densities and in a manner related to utility services, highway access, convenience to jobs, and other services.

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 86-11; Ord. No. 87-74; Ord. No. 88-11; Ord. No. 97-1 §§ II, III]

Any developer of LIRPP property as set forth in this chapter shall have the responsibility to participate in the Township's effort to provide its fair share of lower income housing. However, each tract may have not more than two lots subdivided off the original tract without the production of lower income housing provided the lower income housing obligation of those lots is added to the obligation of the remainder of the tract. The level and type of participation shall be as set forth below. Subdivision and site plan approval of properties required to participate in the production of lower income housing shall be denied unless the developer complies with the obligation to provide lower income housing pursuant to this section, and the approving authority may impose reasonable conditions to secure such undertaking.

No application providing for increased intensities of development shall be approved unless the resolution of the approving authority contains a condition that the requirements for low and/or moderate income housing units shall be binding upon the applicant and all heirs, successors and assigns. The intent of this provision is to prevent the bonus residential densities from inflating land costs that might be passed on to a third party, thereby jeopardizing the number of lower income units that might be built, when the intent of the bonuses is to subsidize the development of lower income housing.

Each unit constructed as a lower income unit shall be either sold or rented at prices, qualifying the units as available for lower income households. Each such unit shall be limited to occupancy by households that qualify by virtue of their having corresponding low and moderate incomes. Unless otherwise provided through the adoption of State legislation, half the lower income units shall be low income and the other half moderate income, each category having a reasonable cross section of units in order to avoid all units being at the upper level of each income category.

Where the lower income units are constructed as part of a housing development containing both market-level and lower income units, building permits and certificates of occupancy for the low and moderate income units shall be phased-in as a development progresses so that the low and moderate income units are built and occupied proportionately with the market value units of the development.

Cash contributions in residential districts are addressed in subsection 30-70.5, and subsection 30-127.6a and Chapter 14 of the Code of the Township of Holmdel.

Cash contributions in nonresidential districts are addressed in Chapter 14 of the Code of the Township of Holmdel.

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 97-13 § III]

Each development project containing lower income housing shall include in its development application, assurances that purchasers and renters of lower income housing shall qualify by income for the particular category of housing, whether low or moderate income, as the case may be, and that subsequent purchasers or renters shall also qualify by income, adjusted for the date of any such subsequent transaction. The subdivision and/or site plan of a LIRPP development shall not be approved by the approving authority unless it complies with the Township's requirements for lower income housing.

The period for control of the income category of purchaser or renter shall be 30 years from the date of the certificate of occupancy of the first occupant of the housing unit after construction.

No lower income housing unit may, during the period for control specified in paragraph b above, be occupied unless a certificate of occupancy is issued therefor. No certificate of occupancy shall be issued unless the approving authority has certified in its plan approval that the unit is covered by a deed or lease restriction, as the case may be, as required by paragraph e, and that the office of the Township Administrator has determined that the proposed occupant qualifies by gross household income with the lower income criteria fixed by this chapter.

The monthly cost of the lower income housing unit to the occupant shall not exceed 28% of the household income for principal and interest, taxes, condominium fees and insurance, as to sales housing, nor 30% for rent and utilities in rental units.

Upon the initial sale or lease of any lower income unit the deed or lease shall contain a covenant, running to the developer and to the Township, that the unit shall not, for a period of 30 years after the initial certificate of occupancy, be conveyed or leased or permitted to be occupied by any household not qualified by income, or at a price or rental in excess of that specified by this chapter, adjusted for the date of the transaction. Adjustment for the income of subsequent households shall be in accordance with the then most recent U.S. Department of Housing and Urban Development "Family Income Limits".

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7]

The total number of units of any kind allowed in the LIRPP project, will depend on the gross density as noted in subsection 30-70.5. The design of housing within that portion of the tract devoted to housing shall be as follows:

Requirement	Atrium, Patio, Townhouses, Duplexes, Quadplexes	Garden Apartments	Mobile Homes	Detached Single-Family
Minimum lot site/unit	*	N/A	4,000 square feet	7,000 square feet
Minimum lot width/unit	*	N/A	**	70 feet
Minimum lot depth/unit	*	N/A	**	100 feet
Minimum tract size	2 ac.	5 ac.	**	N/A
Minimum tract width	200 feet	400 feet	**	N/A
Minimum perimeter setback of buildings	50 feet	85 feet	**	N/A
Minimum front yard	20 feet¹	20 feet	**	30 feet
Minimum side yard	20 feet^{1, 2}	20 feet	**	10 feet
Minimum rear yard	25 feet¹	25 feet	**	25 feet
Maximum building height	30 feet	30 feet	N/A	30 feet
Maximum lot coverage	30%³	22%	22%	20%
Minimum off-street parking	2/unit	2/unit	**	2/unit

*	Townhouse, atrium and patio units: minimums at 20 feet by 80 feet = 1,600 square feet/unit Duplex: minimums at 80 feet by 100 feet = 8,000 square feet/duplex Quadplex: minimums at 100 feet by 150 feet = 15,000 square feet/quadplex
**	See Section 30-58
NOTE ¹: The minimum setback from any interior parking area shall be 15 feet
NOTE ²: For townhouses, the side yard for attached units is zero feet
NOTE ³: For townhouses, the lot coverage for each dwelling unit shall not exceed 50%

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 90-30; Ord. No. 97-1 § IV]

On any LIRPP parcel, bonus densities shall be available to provide opportunities for lower income housing. The base density in a given zoning district shall have additional density added so as to bring the density in each district up to the maximum specified in Schedule I below.

Schedule I Density Option in R-11, R-30, R-30SC, R-TH, M and R-MH Districts
Units/Gross Acres¹	% of All Units Required to be Lower Income¹	Combination of Lower Income Units and Contributions
Units/Gross Acres¹	% of All Units Required to be Lower Income¹	% Lower Income Units	+	Value of Contributions
4.4	20%	20%	+	-0-
5.7	25%	20%	+	Fee²
7.0	29%	20%	+	Fee²

NOTE ¹: Where the Township contributes financial support to a project, either the percentage of lower income housing shall be increased, or the number of units per gross acre shall be reduced, or a combination of the 2, the determination to be mutually acceptable to the approving authority and the developer dependent upon the specific project and the amount of nondeveloper financial participation.

NOTE ²: The fee shall be the amount specified in any agreements relating to same unless the Council on Affordable Housing concludes, after any relevant Office of Administrative Law proceeding, that the agreements that are the subject of these proceedings were the product of duress or are otherwise defective. The following chart identifies the parcels which are the subject of an agreement and the fee, expressed as a percentage of the sales price of market units, contemplated by the agreement:

Parcel		% of Sales Price of Market Units Contemplated by Agreement
a.	Block 58, Lots 53, 53.01 and 53.02	3.6%
b.	Block 56, Lot 7	3.6%
c.	Block 52, Lots 2 and 8	2.2%
d.	Block 52, Lot 19.02	3.6%

Only the fees as to parcels c and d are in dispute.

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7]

(The density of units on that portion of the tract devoted to the housing type noted for purposes of LIRPP; but subject to the maximum gross density limitation for the entire tract as set forth in subsection 30-70.5, above.)

Detached single-family:	5.0/acre
Mobile homes:	8.0/acre
Townhouses:	12.0/acre
Duplexes:	12.0/acre
Quadplexes:	14.0/acre
Garden apartments:	16.0/acre

[1976 Code § 78-4.1; Ord. No. 3-82; Ord. No. 84-7]

See subsection 30-70.3 above.

[1976 Code § 78-48.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 2006-06 § 6]

The approving authority, when acting upon an application which includes provisions for lower income housing in accordance with Section 30-70 may waive those portions of the following standards provided the developer proves to the satisfaction of the approving authority that any waivers, if granted, shall not create health and safety concerns for either the Township or the future residents of a development, and provided further the developer shall satisfy the approving authority that any such waiver(s) shall reduce construction costs, and that the savings therefrom shall be passed on to buyers and renters of the lower income housing in the form of reduced housing costs, otherwise the standard provisions of this chapter shall apply:

Curbs and gutters may be waived except in locations where drainage control and/or erosion control are necessary. When curbs and/or gutters are required, they shall conform to Section 30-56, paragraphs a and b.

Piped storm water systems may be waived with swales substituted except in situations where swales are likely to increase erosion control problems. If used, swales shall comply with Sections 30-57 and 30-157 of this chapter.

Street lighting and other lighting standards may be waived provided the resulting lighting plan shall be adequate to meet overall public safety considerations with respect to intersections, public parking areas, walkways, and the intensity of development within the project. Where installed, lighting shall meet the requirements and/or objectives of Section 30-70.

Off-street parking designs may have waivers to reduce landscaping requirements. Curbing around all parking lots may be waived except that curbing will be required where drainage control is needed and where erosion potential cannot adequately be addressed by alternate methods. Overall, a minimum of two spaces per unit shall be provided, but of these, a limited number of eight feet by 16 feet spaces for "compact cars" may be provided based on site plan review and the requirements of Section 30-80e.

Shade tree planting and landscaping may be reduced, but not eliminated.

Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances it may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on public safety considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas, and the general type of improvement intended. If required, sidewalks shall meet the requirements of Section 30-94.

Street paving widths may be reduced consistent with curbing/no curbing requirements and curb-side parking provisions as set forth in Section 30-103.

[1976 Code § 78-49; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2011-16]

Insofar as is practical, lots shall be rectangular, lot lines shall be straight and side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved street, improved to Township standards as designated in the Holmdel Development Design Manual.

Through lots or corner lots with frontage on two streets are permitted, provided that access shall be to the street with the lower traffic functions. (See Sections 30-103b and 30-107)

Extra width for street widenings in accordance with an adopted Master Plan or Official Map shall either be dedicated or, if not dedicated, shall be anticipated by increasing the lot size in anticipation of future right-of-way.

Where there is a question as to the suitability of a lot(s) due to flood conditions, high water table, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots.

Where two or more contiguous lots exist under the same ownership and one or more of the lots do not conform with the area and/or dimension requirements of this chapter, the contiguous lots shall be considered merged into the greatest number of conforming lots.

Any nonconforming lot legally existing on October 31, 1986, and not meeting the definition of the previous paragraph may have a building permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded, the new structure does not violate any height or setback requirements, parking requirements are met and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding paragraph. The side and rear yards may be reduced to the same percentage the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than half that required by this chapter or five feet, whichever is greater.

Whenever land has been dedicated to the Township in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

[1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7]

The purpose of creating mobile home park regulations is to designate standards in the growth area where a mobile home park can be located to provide the opportunity for low and moderate income housing. The intent is that mobile home parks be permitted for residential occupancy only in the designated districts, except that mobile homes for farm workers are permitted as specified in the appropriate zoning districts.

[1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7]

Prior to the occupancy of any mobile home unit, the mobile home park shall first have received a Township license. Such license shall be limited to parks located within zoning districts in which they are allowed. The license shall expire December 31 of each year and shall be renewed for additional periods of one year, expanded to include additional units, if necessary. The plans included as part of the application for a license shall comply with the following design standards as well as applicable codes and statutes of the State of New Jersey. To the extent any State Code or statute conflicts with these provisions, the Code or statute shall prevail.

[1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7]

In the development and occupancy of any mobile home park, unless otherwise provided through the adoption of State legislation, at least 1/2 the units shall be available within the price ranges qualifying for lower income households. At least 20% of all units shall qualify for low income with not less than 30% qualifying for moderate income. Other provisions of Section 30-56 shall also be complied with.

[1976 Code § 78-49.1; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 97-13 §§ III, IV]

Mobile home parks shall be permitted provided the required portion of the units herein shall be occupied by qualified lower income households as outlined in subsection 30-76.3 above. Mobile home parks shall be a permitted use by right only in the R-MH District.

Permitted accessory uses in a mobile home park include off-street parking, open space and recreation areas, recreation center, and a maintenance and repair facility limited to services necessary for the mobile home units and common facilities within the mobile home park.

The minimum tract size for a mobile home park shall be 10 acres unless the mobile homes are part of a larger project and mixed housing types in which case the minimum tract size for the entire housing development shall be 20 acres. The maximum tract size devoted to mobile homes shall be 30 acres. The minimum tract width and depth shall be 300 feet.

The minimum number of dwelling units in a mobile home park shall be 70 and the maximum shall be 210, but in any event the maximum density of seven units per acre shall not be exceeded.

Mobile home "berths" as used herein need not be subdivided lots, but are an area specifically designated on a site plan for the location of one mobile home and for determining compliance with the terms of this chapter. Each mobile home berth shall be designed to have access from a street within the mobile home park.

No more than two access roads to a mobile home park shall be constructed from any one street and the mobile home park shall have at least two means of access.

Each mobile home park shall have a landscaped buffer area at least 25 feet wide around the perimeter of the tract meeting the objectives of Section 30-54.

Each mobile home berth shall be a minimum of 40 feet wide by 100 feet long.

The minimum yards and setbacks for each mobile home berth shall be as follows:

Twenty-five-foot front yard setback from any street right-of-way.

Fifteen-foot side yard setback from any street right-of-way.

Fifteen feet between units from the sides.

Fifteen feet between units from the rear.

Fifty feet between a mobile home unit and any other permanent structure in the mobile home park.

The entrance road(s) into the mobile home park shall be designed with reverse frontage (no individual driveway access from any mobile home berth), up to at least the second street intersection within the mobile home park.

The edge of all roadways shall have rolled concrete curbs so as to control drainage and the edge of pavement while also allowing the units to be maneuvered across the curbing.

Each mobile home berth shall have at least one off-street parking space, but not more than two. In addition, the mobile home park shall provide several small parking lots, each with at least six off-street parking spaces and designed to serve clusters of mobile home units for guest parking and other resident needs. The rear of these spaces may open directly onto a street. The total number of spaces in the parking lots shall be at least 0.25 off-street space per mobile home berth in order to assure some common parking areas. The total, combined number of parking spaces (parking lots plus on-lot spaces) shall be at least two spaces per mobile home berth.

The minimum paving widths of the interior roads shall be as follows. Interior roads shall meet local street specifications. No parking shall be allowed on the street.

One-way traffic — 20 feet.

Two-way traffic — 24 feet.

The mobile home park shall be provided with a comprehensive pedestrian/bikeway system. These paths may be limited to one side of the road or in locations away from the street system such as through open spaces areas. Where these paths are located along the interior roads, the road width shall be widened to provide the needed space so that the pathway shall not be counted as part of the minimum area for each mobile home berth. The pathway system shall be reasonably distributed throughout the mobile home park and be designed to serve predictable travel patterns such as access to the off-street parking spaces, park and recreation areas, activity center, school bus stops, and similar facilities. Path construction details of Section 30-94 shall apply.

The minimum size of any active recreation area shall be 0.5 acre having a shape with four sides, a minimum width in any direction of 100 feet and street frontage of at least 150 feet.

Mobile home parks shall be connected to water and sewage systems approved by the New Jersey Department of Environmental Protection, where required, and by local health authorities.

All utilities shall be underground.

In addition to the landscaping around the perimeter buffer, all interior streets shall be landscaped on both sides with shade trees spaced no less than one tree between every third mobile home berth planted at least 15 feet from the curb.

[1976 Code § 78-50; Ord. No. 3-82; Ord. No. 91-5; Ord. No. 2005-32 § VI]

Monuments shall be the size and shape required by N.J.S.A. 46:239.12 (the Map Filing Law, as amended), shall be placed in accordance with the statute and shall be indicated on the final plat.

In addition to the monuments required by the Map Filing Law, monuments must also be installed along easement boundaries as required in subsections 30-43.3w, 30-43.4g, 30-44.3b6 and Section 30-58f. Monuments shall also be installed where specified in Sections 30-82 and 30-83.

[1976 Code § 78-51; Ord. No. 3-82; Ord. No. 99-31 § I; Ord. No. 2011-16]

The lawful use of land or structure existing on October 31, 1986, may be continued, although it may not conform to this chapter.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, if a nonconforming use involving a structure is discontinued for 12 consecutive months, or if a nonconforming use of land without structure(s) ceases for a period of six months. The subsequent use of the abandoned structure and/or land shall be in conformity with this chapter.

Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

Building Additions. Any existing structure located on a conforming or nonconforming lot, which structure violates any yard requirements, may have either additions to the principal building or have an accessory building erected without an appeal for a variance, provided that the existing use is a permitted use. Whether an addition or an accessory building is proposed, the total permitted building coverage shall not be exceeded, and neither addition by itself shall violate a setback requirement or any other requirement of this chapter.

Subdivision of Lots. An existing lot whose area and dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance, provided that the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violation, such as moving the lot line even closer to the existing building.

Restoration and Repairs.

Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in his opinion, the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance.

Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 consecutive months of the date the building was damaged or condemned, with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.

The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.

Creation by Governmental Action. Whenever in a residential zoning district a nonconformity is created by or exists solely by reason of the exercise of a governmental right of eminent domain, no bulk variance(s), i.e. lot area, side yard setback, front yard setback, etc., shall be required to use the property as though it were conforming in that respect, providing that the remaining lot contains at least 60% of the bulk standard. The "exercise of governmental right of eminent domain," for purposes of this section, shall be evidenced by the filing of an eminent domain complaint by a governmental entity in a court of competent jurisdiction, which complaint shall set forth the taking of property which results in the nonconformity from which relief is sought or by a deed of conveyance to a governmental entity for a public purpose given by the property owner in a voluntary conveyance in lieu of condemnation.

[1976 Code § 78-52; Ord. No. 3-82; Ord. No. 13-84; Ord. No. 85-12]

Before final approval the approving authority may require the payment of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements. (See definitions in Section 30-3c.)

Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.

Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.

Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the approving authority may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the approving authority, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with paragraph b below.

Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities.

In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the Township or its contractors at the cost of the developer.

Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.

Advisable Off-Site and Off-Tract Improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements could be required to be made as a local improvement by the Township, with the cost thereof to be assessed against all properties specifically benefited thereby, including the property of the developer, the following provisions shall apply:

During the processing of the application the approving authority shall refer it recommendations for off-site and off-tract improvements to the governing body.

If the governing body concurs, the Municipal Engineer or other authority retained by the Township shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then-existing needs in the area, notwithstanding any work of the applicant.

The Municipal Engineer or other authority shall estimate the costs of such work, including costs to be assigned to the developer and those to be assessed to others, including a possible local improvement ordinance, and including costs for construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding and assessments.

(Reserved)

The Planning Board shall then proceed in the following manner:

(a)

Based on the information received from the Municipal Engineer the Planning Board shall determine the anticipated amount that the lands of the applicant would be expected to be assessed.

(1)

The amount determined by the Planning Board shall then be deposited by the applicant with the Township Treasurer prior to final approval.

(2)

Such deposit shall be made concurrent with an agreement between the applicant and the Township concerning the uses of the deposit, which shall include the following stipulations: that the funds shall be used by the Township solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the Township, with other funds of the Township, and may be commingled with other appropriated funds and expended by the Township in connection with such purposes; that, if such deposit is not used by the Township within a specified time agreed upon by the applicant, the funds shall be distributed in accordance with the terms of the agreement; that, upon completion of the work by the Township or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment made upon applicant's property, whether or not applicant is then the owner thereof; and that, if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of the property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.

(3)

Where the off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval. However, final approval may be granted if the funds are deposited under protest pursuant to N.J.S.A. 40:55D-42.

[1976 Code § 78-53; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 88-21; Ord. No. 92-18]

Access To and From Lots. Drives shall be limited to two to any street, except that, when the frontage exceeds 500 feet, the number of drives may be based on one drive for each 250 feet of property frontage. The center lines of access points shall be spaced at least 65 feet apart. Each drive shall handle no more than two lanes of traffic, shall be at least 18 feet wide for one-way traffic and 25 feet wide for two-way traffic, shall be at least 100 feet from the right-of-way of any intersecting street, shall be at least 20 feet from any property line, and, for parking lots with more than 50 spaces, all entrance drives shall extend at least 100 feet from the street curbline before the first aisle is encountered, and the exit drive shall extend at least 60 feet from the curb. No parking shall be in the entrance/exit drive. In the event that lot dimensions preclude meeting these setbacks, the approving authority shall approve driveway locations that best meet the interests of this chapter, including requiring a design and stub connection to adjacent undeveloped properties. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

Access to parking and loading spaces shall be by on-site aisles to permit each vehicle to proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension of any street right-of-way. Parking lots serving more than 50 vehicles shall not have parking spaces served off the entrance/exit drives or major, interior circulation drives. Individual garages served by a single-width driveway shall count as one space.

Buffers. Parking areas for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of Section 30-54, but shall be at least 15 feet in width.

Curbing. Off-street parking areas containing six or more spaces and all off-street loading areas shall have Belgian Block curbing around the perimeter located in conjunction with an overall drainage plan. In lieu of Belgian Block curbing, the approving authority may accept alternate means that will define the edge of paving, prevent vehicles from encroaching upon unpaved areas, control drainage and guide traffic circulation. Curbing or any alternative shall be ramped in accordance with the current Design Standards for Curb Ramps for the Physically Handicapped of the New Jersey Department of Transportation with ramps opposite each aisle, at locations to serve the required handicapped spaces so handicapped persons can avoid passing behind parked cars and at other selected locations.

Dimensions.

Off-street parking spaces for residential uses shall be a minimum of 8 1/2 feet wide and 18 feet in length.

Off-street parking spaces for retail/commercial establishments which use or supply carts, carriages, or hand trucks to their customers shall be a minimum of 10 feet wide and 18 feet in length.

All other off-street parking spaces, not falling into 1 and 2 above shall be a minimum of nine feet wide and 18 feet in length.

Parallel parking spaces shall be a minimum of 25 feet in length in all instances.

In parking lots containing fewer than 20 spaces a minimum of one space shall be at least 12 feet wide, and for parking lots with greater than 20 spaces, 2% of all spaces shall be 12 feet wide. These wider spaces shall be located in one area and designated as parking for the handicapped.

For Parking Spaces 10 Feet Wide			For Parking Spaces 8 1/2 or 9 Feet Wide
Angle of the Parking Space	1-Way Aisle (Feet)	2-Way Aisle (Feet)	1-Way Aisle (Feet)	2-Way Aisle (Feet)
90°	24	24	25	25
60°	18	20	20	22
Parallel	12	18	12	18

Off-street loading spaces shall have 15 feet of vertical clearance and be designated as follows:

Loading Space		Apron Width
Length (Feet)	Width (Feet)	90° (Feet)	60° (Feet)
60	10	72	66
60	12	63	57
60	14	60	54

Drainage. Facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of Section 30-57.

Surfacing shall be approved as part of the plan approval, based on the Holmdel Development Design Manual.

Landscaping in parking and loading areas shall be shown on the site plan at the rate of at least one tree for every eight parking spaces. Each tree shall be at least two inches in diameter measured one foot above the ground and shall be of a type permitted in the Development Design Manual. All areas between the parking area and the building and between the parking area and the street shall be landscaped with trees and/or shrubs and ground cover. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singly or in combination.

Minimum Parking and Loading Requirements. The number of spaces shall be based on the schedule for each zoning district in Article V. The number of spaces required shall be in addition to the number of vehicles that belong to the occupant and must be stored on-site. Individual garages served by single-width driveways shall count as one space. In nonresidential developments, where an applicant can demonstrate the Township's parking and loading requirements are excessive, the approving authority may approve a plan showing less parking and/or loading area to be paved, provided that a landscaped area sufficient to meet the deficiency shall be set aside on the plan and reserved for future parking and/or loading in the event that the use needs more parking than approved or a change of use of the premises shall require the additional spaces, and provided further that this reserved area shall be graded compatibly with the storm sewer system for both its landscaped and possible paved conditions.

Location of Parking and Loading Areas.

Parking and loading spaces shall be located on the same lot as the use being served. The edge of any parking space shall be at least 20 feet from any building. No individual off-street parking or loading space shall have direct access from a street. No loading areas shall be in the front yard. All off-street parking lots along arterial and collector streets shall be set back at least 15 feet from the right-of-way.

No loading and parking spaces shall be located in any required buffer area, and all spaces shall be set back a sufficient distance to prevent any part of a vehicle from overhanging the street right-of-way or property line.

Parking spaces located to serve residential, commercial and industrial uses shall be located conveniently to the intended dwelling unit or entrance door of a commercial use and shall generally be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses. No vehicle shall be parked in or on any "front yard" as that term is defined in Section 30-3, unless the parking space is located on an improved driveway consisting of stone or pavement.

In multifamily developments, commercial districts and industrial zones, no parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

Handicapped parking spaces shall be located to be most accessible and approximate to the building(s) being served and shall be specified on the site plan. Each handicapped space shall be identified by a capital "H" painted in the space and by a sign using the international symbol. The sign shall be placed at the end of each space, facing the space.

[Ord. No. 96-14]

Developments consisting of patio homes shall receive subdivision or site plan approval, and shall have public or private central water supply and a central sanitary sewer system approved by appropriate state and local agencies.

Patio home developments shall be bound to a unified architectural scheme. Adequate controls shall be established to prevent departures from the approved architectural scheme, and all permissible variations, additions and modifications shall be clearly set forth in the architectural controls and reviewed by the Planning Board during the application for preliminary approval. All units shall be part of a homeowners association, which shall be charged with primary responsibility for maintaining the architectural controls.

The unified architectural scheme shall address architectural, landscaping and amenity controls so that the overall project appearance is coordinated and interrelated. Items to be addressed shall include the color and exterior of materials of proposed buildings, fences, walls and other structures; and proposed landscaping, including screening materials and foundation plantings.

To promote privacy, fences may be located along the front, side or rear lot lines, and walls may be located along the rear lot line and side lot line beyond the front yard. All fences and walls shall be compatibly designed in relation to all other fences and walls, but may be distinguished by such design features as color and materials.

Windows may be provided on the first and second story of dwelling units, provided that the windows along the sides of adjoining units shall be offset and not opposing in order to promote privacy.

[Ord. No. 2005-32 § VII; Ord. No. 2006-19 § VI]

Public access for pedestrians shall be provided in preservation areas where shown in the Master Plan. The location of public access ways shall conform with the Township's planned greenway network as shown in the Master Plan. The design of public access ways shall conform with the requirements of Section 30-112 for trails.

Conservation easements consistent with the requirements of this section shall be placed on all preservation areas.

Rainwater gardens, wet ponds, constructed stormwater wetlands, pipes for the conveyance of stormwater and outlet structures permitted by a County, State or Federal agency are permitted in preservation areas. Detention basins and/or infiltration basins shall be permitted if required by a municipal, County or State agency.

Activities permitted in preservation areas prior to the release of liability pursuant to the performance guaranty submitted for improvements in such areas include the following:

Landscaping in accordance with approved plans.

Demolition of structures in accordance with approved plans.

Restoration and enhancement of plantings, including the removal of dead or diseased trees, thinning of trees and growth, and the removal of trees to allow for structures permitted by a municipal, County or State agency.

Activities necessary to enhance water bodies in accordance with approved plans.

Protection of streams from siltation.

Installation of any and all improvements permitted by municipal, County and State agencies, including greenway trails and related structures.

Minor grading necessary to effectuate the above-listed activities.

Activities permitted in preservation areas following the release of liability pursuant to the performance guaranty submitted for improvements in such areas include protection of streams from siltation, maintenance of open space in as close to its natural state as possible, and the maintenance, repair, restoration and replacement of previously installed improvements.

Preservation areas may be dedicated to a homeowners' association meeting the requirements of paragraph b7 in Section 30-55. Alternatively, preservation areas may be deeded to the Township, at the developer's option and conditional on the Township's acceptance of such areas.

Preservation areas shall be delineated from building lots with monuments. Additionally, on each individual building lot adjoining a preservation area, fencing and/or a vegetated buffer area shall be provided to delineate the lot from the preservation area.

Preservation areas shall not be subdivided into individual building lots.

[Ord. No. 2005-32 § VIII; Ord. No. 2005-38 § III; Ord. No. 2006-19 §§ VII]

Public access for pedestrians shall be provided in reservation areas where shown in the Master Plan. The location of public access ways shall conform with the Township's planned greenway network as shown in the Master Plan. The design of public access ways shall conform with the requirements of Section 30-112 for trails.

Landscape easements should be placed on all reservation areas.

Reservation areas are intended to be used for a variety of activities including passive recreation, historic preservation, farming, stormwater management and landscaping. Activities permitted in reservation areas shall include, but not be limited to, those listed in Section 30-82d and e. Additionally, in reservation areas, all such activities shall be permitted both before and after the release of performance guarantees. Stormwater management facilities including detention basins are permitted in reservation areas, although such areas shall only qualify as "open space" if they meet the definition of "open space" in this chapter.

Reservation areas shall be maintained in one of the following ways:

Reservation areas may be dedicated to a homeowners' association meeting the requirements of paragraph b7 in Section 30-55.

Reservation areas may be deeded to the Township, at the developer's option and conditional on the Township's acceptance of such areas.

Reservation areas to which a farmland easement has been applied may be privately owned by an individual, corporation or other entity, provided that the land remains in compliance with the terms of the farmland easement.

Reservation areas shall be delineated from building lots with monuments. At the discretion of the approving authority, the delineation may be further supplemented with one or more of the following: signs, fencing, and/or landscape buffering.

Other than greenway trails and playground and fitness trail equipment, reservation areas shall not include active recreation facilities except in the locations shown in the Master Plan.

Reservation areas shall not be subdivided into individual building lots. However, not more than one single-family residence may be constructed on a reservation area to which a farmland easement is applied, provided that:

A residual dwelling site area meeting the requirements of Section 30-58B shall be delineated for such residence.

The residual dwelling site area shall not be counted as open space for the purposes of this chapter.

The residence and structures accessory thereto shall not extend outside the delineated residual dwelling site area.

If the reservation area is part of a subdivision, the number of permitted building lots in the subdivision shall be reduced by one for each delineated residual dwelling site area within reservation areas within the subdivision.

[Added 8-8-2023 by Ord. No. 2023-06]

Purpose. The purpose of this section is to comply with and implement the provisions of P.L. 2021, c. 171[1], including the adoption of a model ordinance governing Electric Vehicle Supply/Service Equipment and Make-Ready Parking Spaces promulgated by the Department of Community Affairs that is binding upon all municipalities.

[1]

Editor's Note: N.J.S.A. 40:55D-66.21

Definitions. As used in this section, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.

Level 2 operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY-ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).

Approvals and Permits.

An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and Make-Ready Parking Spaces installed pursuant to paragraph d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1 above.

All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer or designee and officers of the Holmdel Township Police Department shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Holmdel land use regulations.

An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A.40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit, provided the application meets the following requirements:

(a)

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b)

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c)

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

An application pursuant to paragraph 5 above shall be deemed complete if:

(a)

The application, including the permit fee and all necessary documentation, is determined to be complete,

(b)

A notice of incompleteness is not provided within 20 days after the filing of the application, or

(c)

A one-time written correction notice is not issued by the Zoning Officer or designee and officers of the Holmdel Township Police Department within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permit application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a)

Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;

(b)

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and

(c)

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.

(d)

Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities and shall comply with the Uniform Construction Code Act, P.L.1975, c.217 (C.52:27D-119 et seq.)

(e)

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph 1 above shall:

(a)

Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.

(b)

Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c)

Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d)

Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e)

Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f)

In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g)

(h)

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

Minimum Parking Requirements.

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 30 of the Revised General Ordinances of the Township of Holmdel as applicable.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph d above may be encouraged, but shall not be required in development projects.

Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guideliness and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation:

(a)

Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b)

Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c)

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d)

Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE Parking:

(a)

Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The use of time limits is optional and shall be determined by the owner.

(b)

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c)

Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be and is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of Section 1-5 of the Township Code. Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d)

Private Parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

(a)

Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph 5 below.

(b)

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Holmdel's ordinances and regulations.

(c)

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d)

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph e below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e)

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f)

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g)

Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Holmdel shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

(a)

Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b)

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c)

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with b. above.

(d)

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:

(1)

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

(2)

Usage fees and parking fees, if applicable; and

(3)

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage Fees.

(a)

Reserved.

(b)

Reserved.

(c)

Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

[1976 Code § 78-54; Ord. No. 3-82]

Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property.

Air, Water and Environmental Pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, current, applicable State and Federal regulation. No permit shall be issued for any use where a State permit is required until the State has ascertained and approved the level and quality of emission, type and quality of emission control and level of monitoring to be conducted.

Storage and Waste Disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces, such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property, except under conditions approved by the Fire Department. No bulk storage of materials or equipment shall be in any front yard nor closer to any street line than 100 feet nor closer to any side or rear lot line than the minimum setback for principal buildings nor be higher than 10 feet. Each site shall be provided with an area(s) properly screened and concealed from any parking area or adjacent property for the orderly deposit and pickup of trash and garbage in accordance with an approved site plan. The screening shall be in accordance with landscaping requirements of the Holmdel Development Design Manual and the buffer provisions of this chapter. Bulk storage areas shall be paved with bituminous concrete or equivalent surface material of sufficient strength to accommodate the anticipated use.

[1976 Code § 78-55; Ord. No. 3-82]

The approving authority shall find the following:

The planned development provisions of this chapter shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the Homeowners' Association provisions in Section 30-68. The amount, location and purpose of the common open space shall be adequate for the use intended.

The design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.

The development will not have an unreasonably adverse effect upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, there shall be adequate terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development upon the total completion of the development.

Before final approval of a development, the applicant shall submit a schedule for completion of the development plan in one or more stages, including the location and mix of housing types in each stage. The housing mix at the end of any stage shall not deviate more than 20% from the approved final mix of unit types. Failure to meet the schedule of development shall mean that no other sections of the development or new development by the same principals shall be considered by the approving authority until the section in default is completed.

[1976 Code § 78-56; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 90-32]

No lot shall have more than one principal permitted use or one principal building, except that nonresidential and certain residential developments normally having more than one principal building and/or a mix of uses may be permitted more than one principal use or building on a lot provided the development has site plan approval and all buildings comply with all yard, industrial or office park requirements. Examples of developments having more than one principal use or building include shopping centers, industrial complexes, office developments, motels and conference centers, townhouses and other multi-family complexes, and mobile home parks. (See Section 30-3c.)

[1976 Code § 78-57; Ord. No. 3-82]

All public services shall be connected to approved public utilities systems where they exist.

The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should a road widening or an extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Where soil conditions, woods or other special conditions exist, the developer may apply to the approving authority for an exception from the terms of this section in accordance with Section 30-32. If overhead lines are permitted as the exception, pole locations shall avoid horizons, there shall be selective tree cutting and a staggered alignment, and trees shall be planted in key locations to minimize the view of the poles and alignments, which poles shall follow rear lot lines and other interior locations and similar considerations to lessen the visual impact.

[1976 Code § 78-58; Ord. No. 3-82]

If a central sewage treatment and collection system is accessible, the developer shall connect to the system. If on-site systems are proposed, the required data in subsection 30-36.3r shall be submitted.

[1]

Editor's Note: Former Section 30-92, Service Stations, previously codified herein and containing portions of 1976 Code § 78-59 and Ordinance No. 3-82, was repealed in its entirety by Ordinance No. 2002-17.

[1976 Code § 78-60; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2005-32 § IX]

Except as otherwise provided in subsections 30-103j and k, all trees shall be planted no further than 50 feet apart along all new streets located 20 feet from the edge of paving and shall be balled and burlapped, nursery grown, free from insects and disease, of substantially uniform size and shape, with straight trunks and true to species and variety. Stripping trees or filling around trees in the yard portion of a lot shall not be permitted, unless it can be shown that grading requirements or thinning necessitates removal of trees, in which case those lots shall be replanted to reestablish the tone of the area and to conform with adjacent lots. Planted trees that do not live shall be replaced by the developer during the next planting season. Parking lots shall be planted as required in Section 30-80. The type of trees to be provided shall be as designated in the Holmdel Development Design Manual.

[1976 Code § 78-61; Ord. No. 3-82; Ord. No. 94-43; Ord. No. 2005-32 § X]

Requirement; Waiver. Except as otherwise provided in subsections 30-103j and k, sidewalks shall be required in all areas and constructed on both sides of all streets; however, the Planning Board may waive this requirement where in its opinion it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township an amount equal to 75% of the reasonable cost of installing the sidewalks, the amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this section, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township.

Standards. Except as otherwise provided in subsections 30-103j and k, sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for heavier uses. Where the approving authority determines that a sidewalk may be subject to unusually heavy pedestrian traffic or intended equally for bicycles it may require that its width be increased to either six or eight feet. All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class "C", air-entrained. Preformed bituminous cellular joint filters 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be six inches thick porous material approved by the Township Engineer and compacted prior to the placement of any sidewalk as directed by the Township Engineer. All six inch or eight inch sidewalk areas crossing driveways shall be reinforced at the midpoint or 1/3 points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212), or an equivalent approved by the Township Engineer. The width of reinforced sidewalks shall be not less than the width of the driveway plus 10 feet, five feet each side.

Further specifications for and alternatives for sidewalks can be found in Section S28.11 of the Holmdel Development Design Manual, available in the office of the Township Clerk.

[1976 Code § 78-62; Ord. No. 3-82]

Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways serving commercial, industrial and multifamily housing developments and shall be shown on the plan. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. No grading, planting or structure shall be erected or maintained more than 18 inches above the center-line grade of the intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide the sight triangle. Any development requiring site plan approval shall provide sight triangles at each driveway with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Holmdel Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.

[1976 Code § 78-63; Ord. No. 3-82; Ord. No. 24-82; Ord. No. 85-12; Ord. No. 88-11; Ord. No. 88-34; Ord. No. 88-35]

No person shall erect, alter or relocate any sign without a sign permit, unless it is exempted by the following provisions.

Animated, Flashing and Illusionary Signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Attached Signs. Signs shall be parallel to the wall, with the face of the sign no more than 15 inches from the surface of the wall.

Height. The uppermost part of an attached sign shall not be higher than the base of the second floor window sill or the base of the roof or 15 feet, whichever is lowest. The lowest portion of any sign which projects above a driveway or walkway shall be at least 15 feet and 10 feet, respectively.

Illuminated Signs. No sign shall be permitted flashing illumination or lights of changing intensity. All signs lighted exteriorly shall have the light source shielded from adjoining or nearby lots, streets and interior drives.

Location. Freestanding signs shall be located no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer to a street right-of-way than 25 feet, and not located in any sight triangle.

Sign Area and Dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.

Exemptions from Sign Permits. Street number designations, postal boxes, family names on residences, on-site pedestrian and vehicular traffic directional and parking signs, signs posting property as "private property," "no hunting" and "danger," "warning" or similar purposes are permitted, but are not to be considered in calculating the sign area, shall not exceed two square feet each and shall require no permit. Temporary "pick your own" agriculture signs shall be exempt from the requirements of any Board approval and may be constructed and placed on farms so long as they meet all of the requirements of paragraph h5.

Temporary Signs.

Construction Signs, Nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet.

Construction Sign, Residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 12 square feet, shall be no closer than 15 feet to any street or side lot line and shall be removed within 30 days after all the lots or units have been sold.

Real Estate Signs. Real estate signs shall be set back at least 10 feet from the edge of the street paving and 10 feet from all property lines and shall not exceed four square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street. Real estate signs shall be permitted only on the lot which the sign is advertising.

Signs for Not-for-Profit Organization Activities. Signs, not exceeding four feet by eight feet, may be located throughout the Township advertising special events of the organization. The signs may not impair site distances nor be closer than 25 feet to any street or side lot line. Any such sign may be installed no earlier than 14 days prior to the event being held and must be removed no later than two days after the event.

"Pick Your Own" Agricultural Signs.

(a)

Two one-sided signs no larger than four feet by eight feet may be placed on a fully operational vehicle (such as a truck or tractor) for each farm within the Township. Separate, contiguous or adjoining tax blocks and/or lots owned and/or rented by or to a person(s), corporation, partnership, joint venture or any other entity which has a common ownership or business interest shall be considered for the purposes of this section as one farm.

(b)

All such signs shall be allowed to be placed on the property, as specific herein, from May 1 to November 1 of each year and from 9:00 a.m. to 5:00 p.m. of each day within the time period. At all other times the signs and vehicles used to display them shall be removed and stored in a farm building on the farm.

(c)

Directional signs, which must comply with the size and manner of display requirements of paragraph a and all provisions of paragraph h5(b) above shall be permitted subject to the following additional conditions:

(1)

Directional signs may advertise "pick your own" availability for farms within or outside of the Township, so long as the location outside the Township is no further than three miles from the location of the sign.

(2)

Directional signs may be located on separate, contiguous or adjoining tax blocks and/or lots (whether considered one farm or not) owned or rented by or to a person(s), corporation, partnership, joint venture or any other entity; however, no such directional sign may be located closer than one mile to another directional sign or "pick your own" agricultural sign placed by the same person, corporation, partnership, joint venture or any other entity on any other property owned, leased or donated to them for the purposes of farming or for the mere purpose of locating a directional sign or "pick your own" signs; however, an additional sign may be located within the one mile limit at each intersection where a turn must be made to arrive at the site of the property which is the subject of the directional sign.

Real Estate Open House Directional Signs. A real estate open house directional sign advertising the location of an open house to facilitate the sale of property shall be permitted without the necessity of a permit or application only at the following locations:

(a)

No more than one such sign may be located at each intersection where a turn must be made to arrive at the site of the property for sale which is the subject of the directional sign;

(b)

No more than one such sign shall be located on the property to be sold. Signs must be installed and removed on the same day the open house is scheduled, and shall include thereon the name of the real estate agency installing the sign.

One wall or ground sign not exceeding 12 square feet may be located on the premises of places of worship, school buildings, libraries, parish houses, government buildings and public recreational and community center buildings and grounds. The signs shall comply with all setback, height, area and other design standards of this chapter. No fee shall be required in connection with the permit for such a sign.

Service Stations. In addition to other permitted signs, service stations only may display the following special signs:

One freestanding sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign shall not exceed 50 square feet on a side, shall be at least 15 feet from the curbline and not more than 20 feet above the ground. "High-rise" or "turnpike height" signs are prohibited.

Incidental signs advertising services, trade information, prices or other information than product advertising are permitted, provided that no one sign exceeds 16 square feet in area on a side and there are no more than four such signs, all set back at least 20 feet from the property line.

Prohibited Signs.

Illuminated tubing or strings of lights.

Banner-type signs, except where in celebration of public events and when erected with approval of the Township itself.

Billboards.

Advertising signs are not permitted in any district.

[1976 Code § 78-63; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 97-35 § VII; Ord. No. 98-16 § II; Ord. No. 2005-32 § XI; Ord. No. 2006-19 § VIII]

Signs within each district shall be permitted as follows:

Residential Districts. One freestanding sign limited to giving the name of a multifamily complex not exceeding 12 square feet, a maximum height of three feet, no closer than 30 feet to the intersection of any two street lines and no closer than 10 feet to any right-of-way.

Commercial or Business Districts.

There shall be no more than a total of two signs per business, including not more than one sign per wall. One sign may be a freestanding sign, provided that the lot on which it is located is one acre or larger in size. Their aggregate area shall not exceed the equivalent of 10% of the area of the front of the building(s), including the window and door areas or 100 square feet in aggregate, whichever is smaller. No one sign shall exceed 40 square feet. A freestanding sign shall meet the setback requirements of paragraph b3 below.

[Amended 8-10-2021 by Ord. No. 2021-24]

[Added 8-10-2021 by Ord. No. 2021-24[1]]

[1]

Editor's Note: This ordinance also provided for the redesignation of former Subsection b2 and 3 as Subsection b3 and 4.

Shopping centers shall be permitted one freestanding sign advertising the name of the shopping center and meeting the following specifications:

(a)

Located on the same lot as the shopping center, but no closer to the intersection of two street lines than 50 feet, not exceeding 20 feet in height and no closer to the right-of-way line than 25 feet.

(b)

The sign area shall not exceed 100 square feet.

(c)

No freestanding sign shall be within 100 feet of any other freestanding sign.

Individual tenant nameplates on the sign below the principal name of the building are prohibited.

Industrial, Commercial-Industrial, Office and Office Laboratory Districts.

Not more than one freestanding sign advertising the name, product(s) and seal of an industry or office shall be allowed for each street frontage and meeting the following:

(a)

Located on the same lot as the industrial use, but not closer than 30 feet to the right-of-way of any street, no closer to the intersection of two street lines than 50 feet and a height not exceeding 10 feet.

(b)

An area not exceeding 0.5 square foot for each linear foot of front yard setback of the principal building, but not to exceed 200 square feet.

No more than two attached signs advertising the name, product(s) and seal of an industry or office will be allowed, provided that they shall be attached to the main building and limited to one sign per side and the area of each sign shall not exceed 200 square feet or 10% of the area of the wall to which it is attached, whichever is less.

Individual tenant nameplates on the sign below the principal name of the building are prohibited.

Temporary Farm Stands. Two freestanding signs, two movable signs and one attached sign shall be permitted for each temporary farm stand. The freestanding signs shall be located between the property line and the farm stand with one sign located on either side of the temporary farm stand. Each freestanding sign shall not exceed 10 square feet in area and shall be removed within five days of the date that the temporary farm stand closes for the season. The two movable signs shall not exceed four square feet each and may only advertise seasonal offerings and shall be removed within five days of the date that the temporary farm stand closes for the season. In addition, one attached sign not exceeding 16 square feet shall be permitted, provided that it is located upon and affixed to the temporary farm stand or building.

LIH-PUD Redevelopment District.

For retail sales or retail service establishments within the LIH-PUD Redevelopment District, signs shall be permitted as follows:

(a)

A maximum of two freestanding monument signs shall be permitted along the State highway frontage and one freestanding sign shall be permitted along the secondary frontage. The monument signs shall meet the following specifications:

(1)

Each monument sign shall be ground mounted with a maximum height of eight feet.

(2)

The maximum area of the monument sign shall be 70 square feet.

(3)

The purpose of these signs is solely to identify the retail component of the PUD; no individual tenant nameplates shall be permitted.

(4)

The monument signs shall be located on the same lot as the retail establishments, but no closer than 50 feet to the intersection of any two street lines and no closer to the right-of-way line than 25 feet.

(5)

The monument signs shall be architecturally compatible with the buildings within the retail portion of the Planned Unit Development.

(6)

A signage plan shall be submitted to the Planning Board at the time of the application for site plan approval.

(7)

No sign shall be located within any required sight triangle.

(b)

Wall signage for individual retail establishments within the LIH-PUD Redevelopment District shall be permitted as follows:

(1)

No occupant shall have more than one sign on any of its exterior walls, except in the event of a retail unit having more than 250 feet of store frontage, in which event it shall be permitted one additional sign (to be no more than 1/2 the square footage of the largest wall sign) for each 75 feet of store frontage over 250 feet. In no event shall there be more than three signs per occupant regardless of the number of exterior walls.

(2)

The maximum width of any sign shall not exceed 75% of the width of the wall upon which the sign is located.

(3)

The maximum area of any wall sign shall not exceed 10% of the area of the wall upon which the sign is located, and in no case shall any wall sign exceed 250 square feet.

(4)

The maximum letter height of each sign shall be based upon the total square footage of the establishment as follows:

Area of Establishment	Maximum Letter Height
Greater than 35,000 square feet	4 feet
5,000 to 50,000 square feet	3 feet
Less than 5,000 square feet	2 feet

(5)

No more than three colors shall be permitted for any individual sign, subject to approval by the Planning Board of a coordinated signage plan.

For office and scientific research laboratory establishments, and assisted living facilities within the LIH-PUD Redevelopment District, signs shall be permitted as follows:

(a)

One freestanding monument sign shall be permitted for each building. The monument signs shall meet the following specifications:

(1)

Each monument sign shall be ground mounted with a maximum height of five feet.

(2)

Letter height shall not exceed four feet.

(3)

The monument signs shall be located no closer than 50 feet to the intersection of any two street lines and no closer to the right-of-way line than 25 feet.

(4)

The monument signs shall be architecturally compatible with the buildings. A signage plan will be submitted to the Planning Board at the time of application for site plan approval.

(b)

Wall signage shall be permitted as follows:

(1)

There shall be not more than one sign per building.

(2)

The maximum width of any sign shall not exceed 66% of the width of the wall upon which the sign is located.

(3)

The maximum letter height shall be 36 inches.

(4)

Individual tenant nameplates on the sign below the principal name are prohibited.

No neon signs shall be permitted anywhere in the LIH-PUD District.

[1976 Code § 78-63; Ord. No. 3-82; Ord. No. 20-82]

If application is not part of a subdivision, site plan or variance request, the sign permit procedure is as follows:.

Applications shall be signed by the owner of the premises and the person responsible for erecting the sign and submitted to the Construction Official with the following:

Name, address and telephone number of the owner and/or lessee of the premises and of the person or business erecting the sign.

Lot lines, sidewalks, the location of structure(s), zoning district and the location of the signs.

The dimensions of the sign, height, lighting and method of attachment to a building or the type of structure for a freestanding sign.

Site plan review fee shall be paid to the Township Clerk in accordance with subsection 30-12.5b.

The sign permit shall be issued or denied within 45 days of the date of a complete submission, and the work shall be completed within 180 days after issuance of the permit otherwise the permit shall be void.

Any sign advertising a use or product no longer at the site shall be removed by the permittee, owner or person having use of the property within 30 days after written notice from the Construction Official. Failure to comply shall authorize the Construction Official to remove the sign at the expense of the permittee or owner of the premises.

[1976 Code § 78-64; Ord. No. 3-82; Ord. No. 21-83; Ord. No. 90-37; Ord. No. 94-38]

Developments shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages to promote the public safety, health, convenience and general welfare of the community. See Sections 30-57 and 30-67.

Data Required.

A plan established the means for controlling soil erosion and sedimentation at the applicant's expense as certified by the Soil Conservation District.

The plan shall be prepared by a professional engineer licensed in New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in Title 45, Chapter 8, of the N.J.S.A. and shall contain:

(a)

Location and description of general topography and soil characteristics on and surrounding the site, including a copy of the Soil Conservation Service Soil Survey.

(b)

Proposed changes to contours showing existing and post-construction conditions.

(c)

Proposed measures for controlling soil erosion and sediment during and after construction.

(d)

The sequence of installing erosion and sediment control measures, including anticipated starting and completion dates.

General Design Principles.

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion; whenever feasible, natural vegetation shall be retained and protected; the extent of the disturbed area and the duration of its exposure shall be kept within practical limits; either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances; drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance; water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge; sediment shall be retained on site; and diversions, sediment basins and similar structures shall be installed where required, prior to any on-site grading or land disturbance.

Grading and Filling. All fill shall be clean fill and/or topsoil. Grading shall be limited to areas shown on an approved plat. Any topsoil distributed during grading operations shall be redistributed throughout the site.

Soil Removal and Redistribution. Excavation of soil, other than required to construct approved structures and facilities shall be prohibited. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)[1] shall include the following: the means to control or prevent erosion; providing for sedimentation basin(s) for soil that does erode due to water; controlling drainage, dust and mud on the premises as well as abutting lands; preserving soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintaining necessary lateral support and grades of abutting lands, structures and other improvements; preventing pits and declivities which are hazardous or which provide insect breeding locations; and not altering the physical limitations and characteristics of the soil in such a way as to prevent the use to which the land may lawfully be put.

[1]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

Maintenance. All erosion and sediment control measures shall be maintained for two years after completion or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer. The Township Engineer shall periodically inspect the control measures to insure compliance with the provisions of paragraphs a and b above.

Exemptions. The following are exempt from the provisions of the Soil Erosion and Sediment Control Act:

Land disturbance associated with the construction of a single-family dwelling unit unless such unit is part of a proposed subdivision, site plan, conditional use, zoning variance, planned development or construction permit application involving two or more such single-family dwelling units. In the event that this exemption applies, however, the owner and/or builder of the exempt single-family dwelling unit must comply with the provisions of paragraph e below.

Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the State Uniform Construction Code[2] would require a building permit.

[2]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when it is determined by the local soil conservation district that such use will not cause excessive erosion and sedimentation.

Use of land for gardening primarily for home consumption.

Percolation tests and/or soil borings.

No stripping of vegetation, grading or other soil disturbance in preparation for the construction of a single-family dwelling (including mobile homes, modular homes, and patio homes) shall be undertaken on any lot which is otherwise exempt pursuant to paragraph d1 until receipt of a construction permit. The application for a construction permit for one single-family dwelling house shall have annexed thereto a soil erosion and control plan designating the existing topography of a lot in question and a plan for controlling runoff, erosion and siltation of any streets, roads, public or private rights-of-way, sidewalk areas, adjacent properties, drainage swales or waterways. The Construction Official shall issue a construction permit upon receipt of approval of the plan from the Township Engineer and compliance with any other requirements set forth in the Code. The owner and/or builder of the single-family dwelling house must implement and maintain the plan submitted with the construction permit request. The Township Construction Code Official shall make periodic inspections during the course of the construction of the single-family dwelling house to insure compliance with the filed plan.

[1976 Code § 78-65; Ord. No. 3-82; Ord. No. 4-84; Ord. No. 85-12; Ord. No. 2001-22 § I]

Streetlighting standards of a type and number approved by the approving authority and Municipal Engineer shall be installed at street intersections and elsewhere if deemed necessary by the approving authority. As detailed in paragraph c, the developer shall pay for the lights, including lights required at intersections of new roads with an existing road, and installation of underground service for streetlighting.

Street lights shall be installed prior to certificates of occupancy being issued and the cost of electricity for streetlighting in all streets within the development shall be paid for by the developer until such streets are accepted by the municipality, or upon the developer complying with N.J.S.A. 40:55D-53.6.

For all development projects which require Board approval, the developer shall arrange and pay for streetlighting service upon the appropriate tariff and prevailing government rules and regulations. The developer shall pay all costs for the installation of streetlighting, including, but not limited to, wiring, poles, and fixtures. The payment made by the developer to the utility shall include the amount set by the approved tariff for capital contribution for fixture costs. Accordingly, the appropriate tariff is hereby defined as the "Contribution Fixture" tariff or its equivalent.

[1976 Code § 78-66; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 85-12; Ord. No. 95-22 § II; Ord. No. 2005-32 § XII; Ord. No. 2005-38 § V; Ord. No. 2006-19 § IX]

All developments shall be served by approved streets, improved to Township standards. All utilities, drains, and other facilities located under the road paving shall be installed prior to the placing of any road surfacing material. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets, conform with the topography as far as practical and allow for continued extension into adjoining undeveloped tracts. The approving authority shall classify streets proposed in a development, considering the Master Plan, conditions within and around the development and the intent of this chapter.

Residential development bounded by any arterial or collector street shall control access to the streets by having all driveways intersect local streets either by reverse frontage design, parallel local street, corner lots fronting on the intersecting street or other designs having the same result. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities and abutting lots may be required to share one curb cut. All lots with reverse frontage shall have an additional 25 feet of lot depth to provide a buffer area, which shall be either planted with nursery grown trees or, where topography permits, free-form earthen berms may be created. Berms shall not be less than six feet in height, shall be stabilized by ground cover and shall be planted with evergreens and deciduous trees according to a landscaping plan and Section 30-93.

Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall be continued at the same width as the existing street unless a greater width may be required to implement the Master Plan or Official Map in accordance with the schedule for street rights-of-way. The following alternate street designs are offered in conjunction with cluster design options in the interest of promoting the conservation of energy by reducing street mileage and the amount of material needed, long-term maintenance and travel distance.

Street Classification	Minimum Widths			Curbside Parking	Remaining width for Utility, Bikeway, Sidewalk and Median Purposes (feet)
Street Classification	Right-of-Way (feet)	Each Travel Lane	Each Shoulder⁽¹⁾	Curbside Parking
ARTERIAL
Curbed and not curbed
2-lane	80	2 @ 12 feet	2 @ 6 feet	None	44
4-lane	80	4 @ 11 feet	2 @ 6 feet	None	24
COLLECTOR
Curbed	60	2 @ 13 feet	None	None	34
Curbed	60	2 @ 11 feet	1 @ 8 feet	1 side	30
Not curbed	60	2 @ 11 feet	2 @ 2 feet	None⁽²⁾	34
Not curbed	60	2 @ 11 feet	1 @ 2 feet and 1 @ 8 feet	1 side⁽³⁾	28
LOCAL
Curbed	50	2 @ 13 feet	None	None⁽²⁾	24
		2 @ 11 feet	1 @ 8 feet	1 side⁽³⁾	20
		2 @ 10 feet	2 @ 6 feet	2 sides	18
Not curbed	50	2 @ 10 feet	2 @ 2 feet	None⁽²⁾	26
		2 @ 10 feet	1 @ 2 feet and 1 @ 8 feet	1 side⁽³⁾	20
		2 @ 10 feet	2 @ 6 feet	2 sides
Not curbed with maximum 15 units on minimum 3-acre lots	50	2 @ 9 feet	2 @ 2 feet	None⁽²⁾	28

⁽¹⁾	Uncurbed streets shall have shoulder areas designed with consideration given to street classification, slope, storm drainage, traffic volume, soil considerations, water table and adjoining roadway pavement thickness. This information shall be used to determine the width and depth of shoulder areas, and any such design shall be subject to approval by the approving authority's engineer.
⁽²⁾	Any street with no curbside parking shall have no frontage development.
⁽³⁾	Any street with one-side parking shall have the frontage development along the side with the curbside parking. The other side with no curbside parking shall have no frontage development.

No reserve strips shall be approved, except where the control and disposal of land comprising such strips has been given to the governing body.

Where a development adjoins or includes existing streets that do not conform to widths shown on the Master Plan or Official Map or the requirements of the Township, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be either dedicated or anticipated in the development design by creating oversized lots in a subdivision as well as increased building setbacks in subdivisions and site plans to accommodate the widening at some future date. The additional widening may be offered to the Township and, if offered, shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Holmdel." If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

Secondary local streets shall be designed to discourage through traffic using L- and U-streets or similar designs. Four-way intersections involving primary and secondary local streets shall be avoided wherever possible.

Sight triangles shall be provided as required in Section 30-95.

Guardrails may be required by the approving authority at drainage structures, streams, embankment limits and curves. Timber guardrail is preferred and shall meet New Jersey Department of Transportation standards. Alternate designs may be used if submitted and approved as part of the application.

Cul-de-sacs.

Cul-de-sacs of a permanent nature, where extension is impractical or impossible, or of a temporary nature, where provision is made for the future extension of the street, shall provide a turnaround at the end, tangent to the right side as you enter the street, wherever possible.

If a cul-de-sac is temporary, a turnaround area may be waived. If a turnaround area is required, provisions shall be made for its removal and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer creating the street extension when the street is extended.

A cul-de-sac shall serve an average daily traffic (ADT) level of no more than 250 trips, provided that in no case shall the cul-de-sac be greater than 2,000 feet in length. The ADT shall be calculated utilizing trip generation rates prepared by the Institute of Transportation Engineers for the proposed land use type.

No street shall have a name which duplicates or nearly duplicates in spelling or phonetic sound the name of existing streets so as to be confused therewith. The continuation of an existing street shall have the same name. The names of new streets shall be approved by the approving authority.

Rural Conservation Special Street Regulating Area.

For the areas within the Rural Conservation Special Street Regulating Area shown on Exhibit 103-A,[1] the following street standards shall apply.

[1]

Editor's Note: Exhibit 103-A, referred to herein, may be found as an attachment to this chapter.

It is the intent of the Governing Body that these standards be adopted by the New Jersey Department of Community Affairs or its successor agencies as Special Area Standards which will take precedence over the New Jersey Residential Site Improvement Standards (RSIS) in the Rural Conservation Special Street Regulating Area. Unless and until such time as these standards are adopted as Special Area Standards, it is intended that the Township shall grant such de minimis exceptions from the RSIS, and furthermore that the Township shall enter into such agreements with developers to exceed the RSIS, as may be necessary to implement the standards described herein.

The standards herein supersede those elsewhere in this chapter or in the Holmdel Development Design Manual. However, for any element of street design or streetscaping for which this subsection does not provide a standard, the applicable municipal, County or State standard shall prevail unless the application of such standard would be inconsistent with the standards in this section.

The locations of local streets shall be approximately as provided in the Master Plan.

Sidewalks and street trees shall be required on both sides of all streets unless otherwise indicated. The maximum spacing of street trees shall be one tree for each 50 feet. The developer shall not be required to make payments in lieu of providing sidewalks in any location where sidewalks are not required by this section; however, if the approving authority waives any sidewalks required herein, payments in lieu of providing sidewalks shall be required in accordance with Section 30-94.

Intersection Curb Return Radii.

(a)

The specified intersection curb return radii are intended to narrow the perceived width of the street at intersections. Where the specified intersection curb return radius is expected to be inadequate to handle truck traffic, the turning area may be widened beyond the specified maximum turning radius by means of additional pavement and/or a truck apron.

(b)

The curb return radius regulations do not apply to intersections involving County or State roadways.

(c)

Truck aprons shall be prominently identified by signs reading "Raise Plow." Following the expiration of any performance guaranty and maintenance bonds for such structures, if a truck apron identified by such a sign is damaged by a contractor performing snow removal, the contractor shall be liable for all repairs to the truck apron.

Local Street Types. Local streets in the Rural Conservation Special Street Regulating Area shall conform to one of the following street types as indicated in the Master Plan.

(a)

Rural entrance street.

(b)

Estate Street.

A median island shall be permitted at the entrance of any residential development intersecting a collector or arterial roadway.

Specifications for each of the local street types are provided in this section. The standards in both the text and the exhibits are required.

(a)

Rural Entrance Street Specifications (See Exhibit 103-B).[2]

Traffic lanes	Two-way
ROW width	100 feet min. and max.
Pavement width	24 feet min. and max.
Curb radius at intersections	15 feet min.; 20 feet max.[3]
Curb type	Flat or angled Belgian block
Sidewalk width	4 feet min. and max.
Drainage	Swale or pipe
Required edge treatment	Rail fence (4 feet high max.) on both sides
Fence setback	32 feet from cartway edge
Sidewalk location	Both sides of the street; 15.5 feet from the cartway (min. and max.)
Tree location	Double row of trees on both sides of the street. Required dimensions are provided in Exhibit 103-B. Dimensions provided in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[2]

Editor's Note: Exhibit 103-B, referred to herein, may be found as an attachment to this chapter.

[3]

Editor's Note: See paragraph 30-103j6.

(b)

Estate Street Specifications for Rural Conservation Area (See Exhibit 103-C).[4]

Traffic lanes	Two-way
ROW width	50 feet min. and max.
Pavement width	26 feet min. and max.
Curb radius at intersections	15 feet min.; 20 feet max.[5]
Curb type	Flat or angled Belgian block
Sidewalk width	4 feet min. and max.
Drainage	Swale or pipe
Sidewalk location	Both sides of the street;[6] 7 feet from cartway (min. and max.)
Tree location	Single row of trees on both sides of the street. Required dimensions are provided in Exhibit 103-C. Dimensions provided in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast
Cul-de-sac	Only permitted where shown in Master Plan; landscaped center island required; cartway width of 14 feet (min.) and 15 feet (max.) around center island.

[4]

Editor's Note: Exhibit 103-C, referred to herein, may be found as an attachment to this chapter.

[5]

Editor's Note: See subsection 30-103j6.

[6]

Editor's Note: Exception: In the locations indicated in the Master Plan, a sidewalk is required on only one side of the street.

Hamlet Conservation Special Street Regulating Area.

For the areas shown within the Hamlet Conservation Special Street Regulating Area on Exhibit 103-A,[7] the following street standards shall apply.

[7]

Editor's Note: Exhibit 103-A, referred to herein, may be found as an attachment to this chapter.

It is the intent of the Governing Body that these standards be adopted by the New Jersey Department of Community Affairs or its successor agencies as Special Area Standards which will take precedence over the New Jersey Residential Site Improvement Standards (RSIS) in the Hamlet Conservation Special Street Regulating Area. Unless and until such time as these standards are adopted as Special Area Standards, it is intended that the Township shall grant such de minimis exceptions from the RSIS, and furthermore that the Township shall enter into such agreements with developers to exceed the RSIS, as may be necessary to implement the standards described herein.

The locations of local streets shall be approximately as provided in the Master Plan, except that the Long Green Street may terminate in a cul-de-sac if it is not used to bound a green.

Intersection Curb Return Radii.

(a)

(b)

The curb return radius regulations do not apply to intersections involving County or State roadways.

(c)

Local Street Types. Local streets in the Hamlet Conservation Special Street Regulating Area shall conform to one of the following street types as indicated in the Master Plan.

(a)

Long Green Street.

(b)

Long Green Access Street.

(c)

Hamlet Entrance Road.

(d)

Paddock Edge Street, which shall be in the location of the Polo Field Street in the Master Plan.

(e)

Estate Street.

Specifications for each of the local street types are provided in this section. The standards in both the text and the exhibits are required.

(a)

Long Green Street Specifications (See Exhibit 103-D).[8]

Traffic lanes	Two-way
ROW width	50 feet min. and max.
Pavement width	26 feet min. and max.
Curb radius at intersections	10 feet min.; 15 feet max.[9]
Curb type	Flat or angled Belgian block
Sidewalk width	4 feet min. and max.
Drainage	Swale or pipe
Edge treatment	Optional on individual building lots outside the right-of-way; not required on the side of the street adjacent to a green, if a green is provided.
Sidewalk location	Sidewalk on sides adjacent to the building lots, located 7.5 feet from cartway (min. and max.). Sidewalk not required on side adjacent to green, if a green is provided
Tree location	Double row of trees on side adjacent to building lots; single row of trees on the other side. Required dimensions are shown in Exhibit 103-D. Dimensions shown in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[8]

Editor's Note: Exhibit 103-D, referred to herein, may be found as an attachment to this chapter.

[9]

Editor's Note: See paragraph 30-103k6.

(b)

Long Green Access Street Specifications (See Exhibit 103-E).[10]

Traffic lanes	Two-way
ROW width	44 feet min. and max.
Pavement width	24 feet min. and max.
Curb radius at intersections	10 feet min.; 15 feet max.[11]
Curb type	Flat or angled Belgian block
Sidewalk width	Not required
Drainage	Swale or pipe
Edge treatment	Not required
Tree location	Single row of trees on each side of the street. Required dimensions are provided in Exhibit 103-E. Dimensions shown in the exhibit are min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[10]

Editor's Note: Exhibit 103-E, referred to herein, may be found as an attachment to this chapter.

[11]

Editor's Note: See paragraph 30-103k6.

(c)

Hamlet Entrance Road Specifications (See Exhibit 103-F).[12]

Traffic lanes	Two-way
ROW width	76 feet min. and max.
Pavement width	26 feet min. and max.
Curb radius at intersections	10 feet min.; 15 feet max.[13]
Curb type	Flat or angled Belgian block curb
Sidewalk width	No sidewalk
Drainage	Swale
Required edge treatment	Rail or picket fence; max. height 4 feet
Fence or wall setback	24 feet from cartway edge
Tree location	Double row of trees on both sides of the street. Required dimensions are shown in Exhibit 103-F. Dimensions provided in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[12]

Editor's Note: Exhibit 103-F, referred to herein, may be found as an attachment to this chapter.

[13]

Editor's Note: See paragraph 30-103k6.

(d)

Paddock Edge Street Specifications (See Exhibit 103-G).[14]

Traffic lanes	Two-way
ROW width	80 feet min. and max.
Pavement width	26 feet min. and max.
Curb radius at intersections	10 feet min.; 15 feet max.[15]
Curb type	Flat or angled Belgian block
Sidewalk width	4 feet min. and max.
Drainage	Swale or pipe
Edge treatment (house side)	Optional outside the right-of-way on individual building lots; see Section 30-61
Edge treatment (active recreation facility or paddock side)	Picket or rail fence; 4 feet max. height
Fence or wall setback	26 feet from cartway edge
Sidewalk location	Required on both sides of the street; 11.5 feet from the cartway (min. and max.)[16]
Tree location	Double row of trees on both sides of the street. Required dimensions are shown in Exhibit 103-H. Dimensions provided in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[14]

Editor's Note: Exhibit 103-G, referred to herein, may be found as an attachment to this chapter.

[15]

Editor's Note: See paragraph 30-103k6.

[16]

Editor's Note: A sidewalk is only required on one side of the street if a farm is provided instead of an active recreation facility.

(e)

Estate Street Specifications for Hamlet Conservation Area (See Exhibit 103-H).[17]

Traffic lanes	Two-way
ROW width	50 feet min. and max.
Pavement width	26 feet min. and max.
Curb radius at intersections	10 feet min.; 15 feet max.[18]
Curb type	Flat or angled Belgian block
Sidewalk width	4 feet min. and max.
Drainage	Swale or pipe
Edge treatment	Optional on individual building lots outside the right-of-way; see Section 30-61
Sidewalk location	Both sides of street; 7 feet from the cartway (min. and max.)
Tree location	Single row of trees on both sides of the street. Required dimensions are shown in Exhibit 103-H. Dimensions provided in the exhibit are both min. and max.
Tree size (caliper)	3 in. (min.); 3.5 in. (max.)
Street lighting	Max. 15 feet high; downcast

[17]

Editor's Note: Exhibit 103-H, referred to herein, may be found as an attachment to this chapter.

[18]

Editor's Note: See paragraph 30-103k6.

The detail shown below is recommended for street and road pavement edges where curbing is provided. The detail shows angled curbing; however, flat curbing is also permitted. The strength of the concrete curbing should be 4,500 psi.

[1976 Code § 78-67; Ord. No. 3-82]

Street signs shall be of a type, design and material approved by the approving authority on advice of the Municipal Engineer. Each sign shall show the name of both streets. There shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction.

[1976 Code § 78-68; Ord. No. 3-82]

These facilities installed in residential districts shall be installed only on lots containing a residence with the pool or court as an accessory use to the residence. The pool or court and its accessories shall meet the setback requirements for an accessory building in the district in which it is located, except that, if located in the front yard, all facilities shall be set back twice the distance from the street line than is required for the principal building. A pool or court shall occupy no more than the equivalent of 50% of the yard area in which it is located. Before a pool or court is granted a building permit, the Board of Health Inspector shall have reviewed the plans for compatibility with the on-lot septic system, if any.

[1976 Code § 78-69; Ord. No. 3-82; Ord. No. 13-84; Ord. No. 2003-23 § I]

Multifamily developments shall have site plan approval and public or private central water supply and a central sanitary sewer system approved by appropriate State and local agencies.

Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following items has been given consideration in the overall plans: landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions and topographic relief; and building design features such as varying unit widths, staggering unit setbacks providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singly or in combination.

The configuration of structures may be an alignment that meets the yard requirements and does not exceed the following overall or component building lengths in order to assure safe fire service access between buildings and to provide convenient pedestrian/vehicular circulation patterns; 200 feet along one plane; 340 feet on any angle; and 500 feet along the center line. Townhouse structures shall have not less than three nor more than five units in one townhouse building group along one plane, and not more than 12 units attached to create one overall structure. Staggered unit setbacks shall differ by at least four feet.

No dwelling unit shall have a bedroom area level lower than the finished grade along the front of the structure except that on sidehill locations where difference in elevation is at least eight feet from the front of the building to its rear, the number of stories above ground on the uphill side shall not exceed 2.5 stories with a third story permitted above ground on the downhill side. The height of the building measured from the foundation on the downhill side shall not exceed 40 feet.

All required open space and recreation areas shall be improved for the purposes intended as shown on the plan.

The location of recreational facilities shall consider the proximity of structures, type of recreational facility, noise level and evening illumination which may create nuisances for residents and pedestrian and bicycle traffic across major interior roads or driveways. The periphery of any recreation area shall be no closer to a residential structure than the minimum yard for that structure.

Density. The permitted densities shall not be inconsistent with the provisions of this chapter.

[1976 Code § 78-70; Ord. No. 3-82; Ord. No. 90-30]

No open space providing front, side or rear yard space for one building shall be considered as providing the yard provisions of another. A lot with frontage on two or more streets, including corner lots, shall have building setback from each street not less than the required front yard.

Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.

Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.

Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

[1976 Code § 78-71; Ord. No. 3-82; Ord. No. 90-30]

Where water is accessible from a servicing utility, the developer shall arrange for a connection to the system to serve each use.

[1976 Code § 78-71.1; Ord. No. 3-82; Ord. No. 24-82; Ord. No. 84-7]

In the R-40A District, each single-family dwelling to be erected shall have an attached or detached garage for at least two vehicles, and such garage shall have an interior floor area of at least 400 square feet within the foundation walls. No carports shall be permitted. An adequate area shall be provided so that vehicles may be turned around in the driveway and exit in the forward direction.

[1976 Code § 78-71.2; Ord. No. 3-82; Ord. No. 12-83]

At any time, whether as a result of his inspection of a work or otherwise, the Township Engineer may recommend to the Board that the applicant be required to modify the design and extent of the improvements required. The Board may require such modifications; provided, however, that it must first afford the applicant an opportunity for a public hearing. The Board may grant the applicant permission to effect such modification upon his own application. Whenever a modification is approved, the appropriate subdivision map or plat must be revised to reflect such modification. The Township Engineer or Construction Code Official may issue a stop-work order pending the completion of the approval process for the applicant's modifications.

[1976 Code § 78-71.3; Ord. No. 3-82; Ord. No. 12-83]

Failure to comply with any of the conditions of subdivision or site plan approval subsequent to the receipt of a building permit or certificate of occupancy shall be construed to be a violation of this chapter and shall be grounds for the revocation of any building permit or certificate of occupancy. A written notice of revocation from the Construction Official sent by certified mail requiring compliance with the conditions of approval within a period of time not less than five days shall effectively revoke any building permit or certificate of occupancy if compliance is not accomplished within the time limit set.

[Ord. No. 2005-32 § XIII]

Trails are intended to provide access to and within greenway corridors and, where shown in the Master Plan, to provide connections between sections of neighborhoods. Trails should be designed and constructed to have a minimal impact on their surroundings.

All trails shall use natural contours and shall minimize the cutting of trees.

Trails within stream corridors and steep slope areas shall be unpaved and have a natural tread except for wetland and stream crossings. Trails outside stream corridors and steep slope areas may be paved at the discretion of the Planning Board.

Signs shall be posted at trail entrances indicating the allowed uses and whether the trail is accessible to persons with disabilities.

The minimum width of clearing shall be four feet at shoulder height. The maximum width of clearing shall be eight feet.

The minimum width of the tread shall be three feet.

Shoulders shall not be provided.

The maximum longitudinal grade shall be 10% except where topographical conditions necessitate a steeper grade and there is no feasible alternative.

Wetland and stream crossings should be avoided whenever possible. When it is not possible to avoid a crossing, streams, wetlands and wet areas shall be crossed by boardwalks for short spans and bridges for longer spans. Culverts and pipes should be avoided.

[Added 12-8-2020 by Ord. No. 2020-26]

As used in this section, these terms shall have the following meanings:

OUTDOOR DINING AREA

A designated area on the premises of a restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.

OUTDOOR DINING FACILITY

An outdoor dining area, outdoor eating area, or a sidewalk cafe area.

OUTDOOR EATING AREA

A designated area on the premises of a restaurant or fast-food restaurant, but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream and similar confections purchased from the premises.

PERMIT

An outdoor dining permit issued in accordance with the provisions of this section.

SIDEWALK CAFE AREA

A designated area of a sidewalk or street where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.

The operation of an outdoor dining facility shall be a permitted accessory use in all zoning districts in which restaurants and/or fast food restaurants as applicable are permitted, subject to the following standards:

The area to be utilized as an outdoor dining facility must be accessory in nature to an enclosed structure that is a permitted use under applicable zoning or variance therefrom.

No outdoor dining area or outdoor eating area shall encroach into any buffer area required per § 30-54.

Principal building setback requirements shall not be applicable to an outdoor dining facility.

The outdoor dining facility shall comply with all general ordinance requirements and all other laws, rules, regulations and codes applicable to the same.

The area to be utilized as an outdoor dining facility shall contain walkways with a minimum sixty-inch width to facilitate patron and employee circulation and compliance with all ADA requirements.

The operation of an outdoor dining facility shall be restricted to the regular hours of operation of the corresponding restaurant or fast-food restaurant. Tables, chairs, and associated furniture shall be removed from the outdoor dining facility at the end of the business day unless other arrangements have been approved by the Township.

All additional seating that is created by the outdoor dining facility shall be counted into the establishment's parking requirement under applicable zoning and site plan approvals, except for those restaurants that are located within a shopping center that was in existence at the time of enactment of this section. The determination of whether a site qualifies as a shopping center will be made by the Zoning Officer.

An outdoor dining facility may serve alcoholic beverages if the operator of the outdoor dining facility possesses a liquor license in accordance with Title 33 of the New Jersey Statutes, and the licensee is permitted to serve alcoholic beverages at the outdoor dining facility under the provisions of same. An outdoor dining facility that does not possess a liquor license in accordance with Title 33 of the New Jersey Statutes may allow the consumption of beer or wine at the outdoor dining facility, consistent with the provisions of N.J.S.A. 2C:33-7.

No person shall operate an outdoor dining facility unless a permit has been obtained from the Township's Zoning Officer, subject to the following provisions:

Applicants shall apply for permit approval by completing an application and providing documentation demonstrating compliance with the requirements of this section. All such applications shall be referred to the Chief of Police and the Fire Official, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding security and safety of the application prior to final approval by the Zoning Officer. Permits shall be issued by the Zoning Officer and shall be valid for the calendar year in which the permit is issued.

If requested by the Zoning Officer, an applicant shall provide a layout of the proposed seating area, which shall include but not be limited to a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, trash receptacles, awnings, signage and other furniture proposed. The proposed layout shall be subject to the review and approval of the Zoning Officer.

If requested by the Zoning Officer, an applicant shall provide a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter.

Any outdoor dining facility that was approved as part of an approval of the Planning Board or the Zoning Board of Adjustment must still obtain a permit from the Zoning Officer prior to operation of the outdoor dining facility.

A new permit must be obtained in the event that: 1) the premises are conveyed to a new owner; 2) the outdoor dining facility is expanded or substantially changed; or 3) the owner of the premises makes any alteration or improvements to the property that would otherwise require either major or minor site plan approval.

All permits required by this section shall be applied for and obtained from the Office of the Zoning Officer during normal business hours.

The annual fee for each permit shall be $100. The fee is nonrefundable.

Failure to abide by any representations contained in an application for a permit shall constitute a violation of the permit, and shall subject the applicant to a fine in an amount not less than $100 per violation.

The establishment of an outdoor dining facility shall be defined as site plan exempt pursuant to § 30-3, provided all of the requirements of this section are satisfied and no additional parking spaces or additional building and/or paving areas are proposed or required.

The area comprising an outdoor dining facility shall be excluded for purposes of measuring gross floor area as defined in § 30-3 or any similar calculation.

All outdoor dining facilities shall comply with the parking requirements contained in applicable zoning or variance therefrom. In all instances where parking requirements are based upon floor area that is exempt under Subsection e, the parking requirements for the outdoor dining facility shall be determined by the Zoning Officer.

When an outdoor dining facility is established within a Township right-of-way, as a condition of the issuance of a permit, the applicant shall indemnify and save harmless the Township of Holmdel, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees arising from the placement, operation and maintenance of the applicant's outdoor dining facility, and the applicant shall agree to maintain general liability insurance with a minimum coverage of $1,000,000, naming the Township of Holmdel as an additional insured, at all times that the outdoor dining facility is established. The applicant shall provide the Zoning Officer with the evidence of such insurance.

The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this section. Additionally, the Planning Board or Zoning Board of Adjustment, as appropriate, shall have the power to hear any request for a variance from the regulations and conditions of this section.

Any establishment of an outdoor dining facility without first obtaining a permit shall be a violation of this section and shall be subject to the penalties in accordance with § 1-5 of the Township Code.

[Added 8-27-2021 by Ord. No. 2021-14]

To recognize critical environmental sites within the Metropolitan Planning Area (PA1) as areas of significant natural and environ mental resources; and

To provide for the protection and preservation of critical environmental sites within the Metropolitan Planning Area (PA1) in accordance with the provisions of this chapter, statewide regulations, and statewide policies.

[Added 8-27-2021 by Ord. No. 2021-14]

The boundaries of critical environmental sites in the Township of Holmdel shall be coterminous with designated boundaries of such located within the Metropolitan Planning Area (PA1) on the State Plan Policy Map as of the date of adoption of this section.

[Added 8-27-2021 by Ord. No. 2021-14]

Critical environmental sites within PA1 shall be preserved. Where a property within PA1 containing a critical environmental site is proposed for development or other improvements, no development or structure shall be located within any portion of the critical environmental site boundary, except to the extent allowed by the Coastal Zone Management Rules (N.J.A.C. 7:7), the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), or other applicable rules codified in Title 7 of the New Jersey Administrative Code.

All applications for major subdivision or site plan approval on a property within PA1 containing a critical environmental site shall be subject to the requirements of Section 30-116 and its subsections.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The following resource management regulations shall govern all applications for major subdivision and major site plan approval. The municipal agency may require easements, pursuant to Section 30-58 in furtherance of the purposes of these resource management regulations.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The purpose of this subsection is to preserve and protect contiguous areas of agricultural/horticultural lands and allow for the continuation of farming in these areas, while minimizing conflicts between residential and agricultural uses.

The use of land for agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, should reflect recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the U.S. Department of Agriculture Soil Conservation Service, and the New Jersey Agricultural Experiment Station at Rutgers University. Such practices include recommended management practices as found in, but not limited to, the following publications, as may be amended from time to time:

Erosion and runoff: Soil Conservation Service Technical Guide;

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

All agricultural operations utilizing recommended management practices shall be exempt from any ordinance or regulation which inhibits efficient crop production, except those ordinances and regulations which are necessary for the maintenance of public health.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The purpose of this subsection is to ensure that the quality of air is protected and enhanced in recognition of its importance to the public health, safety and general welfare.

All applications for nonresidential development shall include a certification from a licensed professional engineer stating that such uses comply with the relevant air quality standards in N.J.A.C. 7:27 et seq. (Air Pollution Control Regulations).

Prior to preliminary approval of any subdivision of 10 lots or more, or any residential site plan of 10 units or more, the applicant shall prepare an analysis of the potential for energy savings related to building design and orientation including opportunities to enhance solar access, and strategies to limit microclimate impacts using landscape plantings to provide shade and wind protection. The proposed plat or plan shall specify all energy saving design features utilized therein.

Prior to approval of any site plan for development of an office use consisting of 20,000 square feet of floor area or more or employing 100 persons or more, the applicant shall demonstrate compliance with the Clean Air Act Amendments of 1991 and the New Jersey Traffic Congestion and Air Pollution Control Act.

Prior to preliminary approval of any site plan for development of any nonresidential use consisting of 20,000 square feet of floor area or more, the applicant shall provide an analysis of options to reduce energy costs related to interior and exterior climate controls, which may include solar energy. The applicant shall incorporate such energy saving measures as can be cost effectively integrated into the design of buildings and site layout features.

A plan for bikeways, sidewalks, and/or walkways for all major subdivisions and office uses shall be provided to allow safe pedestrian access to adjacent neighborhoods, adjoining roads or commercial centers. The plan shall show how the development will comply with national and/or regional Clean Air plans, and the plan shall be consistent with the Township's Bikeway Plan.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The purpose of this subsection is to preserve and protect the quality of groundwater in Holmdel.

Major subdivisions and major site plans proposed for development in aquifer recharge areas shall be designed to maintain the quality of groundwater resources and to maintain or decrease the ratio of runoff to infiltration.

Natural drainage patterns shall be maintained wherever possible, and surface water run-off shall be directed in such a manner as to travel over stabilized, vegetated areas as opposed to potentially contaminated surfaces such as parking lots. The intent of the latter provision is to reduce the level of pollutants in stormwater, and to allow for vegetative and soils filtration of stormwater contaminants.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The purpose of this subsection is to direct the location of development so that it will enhance the visual character of the scenic resources in Holmdel.

Development should be sited behind visual barriers, such as trees, ridge lines, and other topographic features.

On hillsides, development may be located at any point in the foreground to midground of the hill, and the height and location of development shall protect unobstructed views of, and from, the ridges.

Development shall be located and designed to preserve views of cultural/historic landmarks and of unique geographic and topographic features, including but not limited to the Unique Natural Areas identified in the Township's 1990 Natural Resources Inventory.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2002-20 § III; Ord. No. 2003-24 § I]

Scope. These regulations apply to the disturbance of soil and the construction of structures, roads, and parking lots in areas of steep slopes.

Objective. The purpose of this subsection is to minimize cutting and grading of steep slope areas as well as to minimize the disturbance of soil and removal of vegetative cover. Adherence to these regulations will assist in preventing erosion, siltation of streams, and other maintenance and safety problems.

Definition and Identification. A steep slope is defined as a slope that is greater than or equal to 15%. Slopes shall be identified from a topographic survey of a site based on two-foot contour intervals.

Submission Requirements.

The applicant shall prepare a steep slope analysis depicting on a plot plan slope classes of under 8.00%, 8.00% to 14.99%, 15% to 24.99% and greater than 25%, as well as calculations of the area in square feet within each slope class.

A lot grading plan shall be provided showing the proposed driveway plans and profiles, the location of all structures, and any site grading necessary.

If any disturbance is planned to a steep slope area or if a steep slope has been disturbed by prior land use such as agriculture, a revegetation plan shall be provided.

Exception to Submission Requirements. When the total disturbed area on slopes of 15% or more is less than 500 square feet, subparagraphs 2 and 3 of paragraph d above do not apply,

Performance Requirements.

On the plot plan area where slopes are between 15% and 24.99%, no more than 20% of this area or 5,000 square feet, whichever is smaller, shall be developed and/or regraded or stripped of vegetation.

On areas with slopes greater than 25%, no development, regrading, or stripping of vegetation shall be allowed.

On areas where slopes greater than 8% are to be disturbed, regraded or stripped of vegetation, hay bales and silt fences shall be installed prior to the onset of the disturbance of the slope. This requirement is in addition to any requirements of the Monmouth County Soil Erosion and Sediment Control Standards.

Regrading to create slopes greater than 25% is prohibited.

Retaining walls of up to four feet in height are allowed. However, if there are multiple retaining walls, then the slope as measured from the top of a retaining wall to the top of an adjacent retaining wall shall not exceed 25%.

An approved application for development on a property which contains slopes greater than 25% shall provide a conservation easement for the continued protection of the slopes greater than 25%. The conservation easement shall be perpetual, shall name the Township of Holmdel as beneficiary, shall prohibit the erection of any structures including fences and walls, shall be in conformance with Section 30-58 of these Development Regulations, and shall be confirmed by deed recorded with the County Clerk.

Exceptions to Performance Requirements.

Subparagraphs 2 and 3 of paragraph f above do not apply if the total disturbed sloped area is under 500 square feet.

Subparagraph 2 of paragraph f above does not apply if the disturbance is needed for driveways or utility and drainage systems, and no better option for their location is available, in the opinion of the reviewing authority and based on, among other considerations, the advice of the Board or Township Engineer.

Subparagraph 2 of paragraph f above does not apply if the disturbance is due to a drainage system, and in the opinion of the reviewing authority and based on, among other considerations, the advice of the Board or Township Engineer, such system is beneficial in stabilizing the slope.

Subparagraph 4 of paragraph f above does not apply to landscape berms or detention basins.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2002-20 § III; Ord. No. 2003-24 § I]

Scope. These regulations apply to stream corridors as defined below.

Objective. The purpose of this subsection is:

To protect property from flooding.

To reduce development impacts on water quality.

To protect natural drainage features.

To protect others' rights within the same watershed from adverse effects of improper stream corridor development, and

To provide for possible recreation and wildlife migration corridors.

Definitions.

STREAM CHANNEL – Shall mean permanent or intermittent watercourses shown on U.S.G.S. quadrangle maps, the Monmouth County Soil Survey, or other sources as the reviewing authority may deem appropriate.

STREAM CORRIDOR – Shall mean the stream channel and all land on either side of the stream channel which is within the 100-year floodplain, or is a sloping area of 15% or greater that is contiguous to the stream channel or 100-year floodplain. A slope shall be identified from a topographic survey of a site based on two-foot contour intervals.

STREAM CORRIDOR BUFFER – Shall mean an area contiguous with the stream corridor where no permanent structure is allowed.

STREAM CORRIDOR BUFFER AVERAGING – Shall mean the replacing of a curved corridor buffer boundary by a straight line or sequence of joined straight lines so that the total corridor buffer area remains the same.

Submission Requirements. The following information shall be provided for any development on property containing a stream corridor or buffer, or any property directly bordering on a stream corridor or buffer:

A plan delineating the stream corridors and buffers.

Detailed hydrologic engineering studies indicating the effects on drainage, streams, and adjacent properties, as well as the property in question, which should include the necessary data to determine whether the boundaries of the stream corridor and buffer would be affected if the application were granted.

A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land.

A plan demonstrating the manner in which suitable techniques, including erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms will be incorporated to protect the stream.

If any disturbance is planned to a stream corridor or stream corridor buffer area, or if such has been disturbed by prior land use such as agriculture, a revegetation plan shall be provided.

Performance Requirements.

Stream corridors shall have a buffer of 100 feet on each side. However, the Hop Brook/Ramanessin Brook and its tributaries shall have a buffer of 150 feet on each side.

No septic system shall be located within any stream corridor or stream corridor buffer.

For any application where a stream corridor buffer has been disturbed by prior land use such as agriculture, revegetation of the disturbed area is required utilizing native tree and plant species. The submitted plan shall be approved by the reviewing authority based on, among other considerations, the advice of the Board or Township Engineer and/or the Holmdel Shade Tree Committee.

An approved application for development on a property that contains a stream corridor or buffer or portion thereof shall provide a conservation easement for the continued protection of the stream corridor or buffer. The conservation easements shall be perpetual, shall name the Township of Holmdel as beneficiary, shall prohibit the erection of any structures including fences and walls, shall be in conformance with Section 30-58 of these Development Regulations, arid shall be confirmed by deed recorded with the County Clerk.

Stream corridor buffer averaging is allowed as long as the width at all points of the averaged buffer is at least 70% of the width of the stream corridor buffer before averaging.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2002-20 § III; Ord. No. 2003-24 § I]

The purpose of this subsection is to preserve and protect the quality of all surface waters which are found within or adjacent to the Township.

Applicants for major subdivision or major site plan approval shall include efforts to minimize non-point source pollution through the use of such techniques as:

Buffer strips.

Overland stormwater flow.

Regional stormwater management.

Vegetated swales.

Wetland or marsh creation.

Infiltration practices.

Porous pavements.

Water quality inlets.

Definition; Performance requirements.

Definition.

SURFACE WATER BODY

Shall mean a permanent or intermittent water body shown on U.S.G.S. quadrangle maps, the Monmouth County Soil Survey, or other sources as the reviewing authority may deem appropriate.

Performance Requirements.

(a)

No construction of any type including fences and walls shall be permitted within 50 feet of any lake, pond, or other permanent surface water body of over 100 square feet, except for bikeways, trails, footbridges, gazebos, docks, piers, and boat launches. Such construction may not intrude on more than 10% of the perimeter of the water's edge on the site of the application.

(b)

An approved application for development on a property that contains any lake, pond or other permanent surface water body of over 100 square feet or portion thereof shall provide a conservation easement for the continued protection of the water body and the fifty-foot construction free buffer. The permitted footbridges, gazebos, docks, piers, and boat launches may be excluded from the conservation easement. The conservation easements shall be perpetual, shall name the Township of Holmdel as beneficiary, shall prohibit the erection of any Structures including fences and walls, shall be in conformance with Section 30-58 of these Development Regulations, and shall be confirmed by deed recorded with the County Clerk.

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22]

The purpose of this subsection is to preserve, protect, and enhance the diversity of plant and animal communities and their habitats, recognizing the regional and national significance of these resources.

Applicants for major subdivision or major site plan approval shall document the occurrence of threatened and endangered species, and other species uncommon to the Coastal Plain, on the property to be developed and shall identify critical habitat areas needed to provide for the survival of any local populations of these species. No development shall be permitted, initiated, or conducted unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of local populations of threatened or endangered plants and animals. No construction, grading or vegetation removal shall take place in critical habitat areas during breeding or mating of threatened and endangered species, and protection for the critical habitat area appropriate to the species shall be provided.

Threatened and endangered plants and animals shall be defined as those which:

Appear on the national list developed by the Department of the Interior; or

Appear on the State list developed by the N.J. Department of Environmental Protection and Energy; or

Are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame Species Conservation Act, State list of endangered species).

[1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2005-39 § 6; Ord. No. 2006-19 § X]

Purpose. The purpose of this subsection is to promote the intent of the Holmdel Township Master Plan and the purposes of the Municipal Land Use Law (set forth at N.J.S.A. 40:55D-2) by protecting critical environmental resources, including air quality, water quality, soil cover, animal and plant habitat and viewsheds, that are negatively affected by the removal of woodlands. Retention of woodlands helps to control the velocity and amount of stormwater runoff, thereby reducing flooding; filters sediments and pollutants before they reach streams; promotes groundwater recharge; stabilizes the soil and reduces soil erosion; improves air quality by filtering pollutants from the air; preserves viewsheds; offers a stable habitat for associated plant species and for animal wildlife; and provides shade and windbreaks that help moderate the effects of climate conditions. Protection of woodlands along a stream corridor is essential to the maintenance of stream biota, and protection of woodlands on steep slopes is essential to soil stabilization. The retention of woodlands is essential to the scenic equality of a community and helps to preserve the diversity of native plant life and animal species. The protection of woodlands is consistent with New Jersey's Stormwater Management Rules and Best Management Practices. The protection of woodlands also has an intrinsic value. Once removed or mismanaged, the restoration or replacement of woodlands can be a lengthy, delicate, complex and expensive process. The time, difficulties and costs inherent in this process render existing woodlands tantamount to a nonrenewable resource in a community.

Applicability.

The regulations set forth herein shall apply to any tract of land that is the subject of an application for site plan and/or subdivision approval, except that the portions of the R-4H and R-4R Districts designated as building locations, individual building lots, street rights-of-way, preservation areas and reservation areas in the Master Plan shall be exempt from the requirements of paragraphs d1, d4, d5 and d6 of this section. In lieu of these requirements, the following standards shall apply:

(a)

No specimen trees, significant trees, or desirable healthy individual trees shall be removed from the preservation areas and reservation areas, nor shall priority woodlands as described in paragraph d below be cleared from such areas, unless required to facilitate stormwater management, farming, parks, trails, or recreation facilities, or for other purposes permitted by this chapter in preservation and reservation areas. The approving authority may require woodlands mitigation in accordance with paragraph e below for trees that are removed from reservation and preservation areas.

(b)

The areas identified as building locations are intended for the use and enjoyment of residents. Applicants shall strive to maintain significant trees, specimen trees and desirable healthy individual trees within the areas identified as building locations. For trees removed from areas identified as building locations, the approving authority may require that woodlands mitigation in accordance with paragraph e below be provided to replace the portion of the disturbed forested area that lies outside the required setback lines on the building lot from which trees are being removed.

It is strongly recommended that each prospective applicant schedule a preapplication meeting with the administrative officer prior to submitting a formal application for development to the administrative officer for the purpose of evaluating the impact of this subsection on the plans for development.

Woodland Retention and Preservation Plan.

A woodland retention and preservation plan shall be submitted for approval. The plan shall include a report articulating how the requirements of paragraph d of this subsection will be met by the proposed woodland retention and preservation plan; how the proposed development will affect the existing natural resources on the tract; the quantity of existing woodlands, and of individual trees not located within a designated forest stand, that will be removed and that will be retained; and what specific techniques will be used to protect woodlands and individual trees during the construction process.

The woodland retention and preservation plan shall be prepared using the information requested in Section 30-59 and shall be certified by a New Jersey Approved Forester, A New Jersey Certified Landscape Architect or a New Jersey Certified Tree Expert.

The woodland retention and preservation plan shall include all of the information provided on the natural resource inventory map as well as:

(a)

Proposed topography as shown on the proposed grading plan;

(b)

Surveyed locations of the following:

(1)

All individual trees six inches DBH or larger that are not located in a delineated forest stand but are nevertheless proposed to be retained and are located within the proposed areas of disturbance; and

(2)

If a forest stand or portion thereof is proposed to be retained, all individual trees six inches DBH or greater located within the first 25 feet of such area, measured toward the interior of the woodland from its proposed perimeter.

(c)

Cultural features, historic sites, and critical viewsheds as identified and/or mapped in the Township Master Plan;

(d)

Existing man-made structures to be removed and to remain;

(e)

All proposed development including buildings, roads, driveways, utilities and other improvements;

(f)

A table listing the entire tract area in square feet; the square footage of existing and proposed woodlands located within the entire tract, classified according to the priority categories listed in paragraph d1 of this subsection; and the percentage of the net tract area covered by existing and proposed woodlands, classified according to the priority categories listed in paragraph d1 of this subsection;

(g)

A clear, graphic indication of the woodland preservation areas on the site;

(h)

A clear, graphic indication of the proposed limit of disturbance line, Protected Root Zone fencing and other proposed tree protection measures;

(i)

Locations of proposed soil stockpile areas; and

(j)

A clear written and graphic indication of all proposed methods to be employed in protecting existing trees that are proposed to be retained but lie within the limits of disturbance during construction;

(k)

Existing preservation/conservation easements on the tract.

Woodland Retention Requirements.

The goal of this subsection is to retain rather than to replace existing woodlands. To that end, development shall be designed to maximize the area of existing woodlands to be retained. However, it is not the intent of this subsection to reduce the number of lots or the amount of development permitted. If woodlands are to be disturbed or removed, the applicant shall design the development in such a way as to avoid or minimize removal of priority woodlands, which shall consist of woodlands in any of the following priority categories:

(a)

Any woodlands prioritized in the Holmdel Township Master Plan;

(b)

Any woodlands within required stream corridor buffers, wetlands, wetland transition areas or floodplains;

(c)

Woodlands on slopes of 15% or more or woodlands located in highly erodible soils on slopes of less than 15% with the steepest slopes having the highest priority;

(d)

Woodlands associated with a critical groundwater recharge area, defined as having a recharge rate greater than or equal to the median recharge rate for the municipality as a whole;

(e)

Woodlands associated with critical viewsheds identified in the Holmdel Township Master Plan;

(f)

Woodlands identified in the New Jersey Landscape Project as either Forests or Forested Wetlands that create a habit having a ranking of 3, 4 or 5 for rare, threatened or endangered species;

(g)

Woodlands that are connected to a larger woodlands corridor extending beyond the tract boundaries; and

(h)

Woodlands and hedgerows that provide visual screening, are associated with an historic site, or line a rural roadway.

Not more than 10% of priority woodlands existing on the site prior to its development shall be removed or otherwise disturbed for development. Any removal of priority woodlands shall require mitigation, irrespective of the exemptions set forth in paragraphs d4 and 5 herein.

All woodland areas that are in a required buffer area or setback area and are designated for retention shall be protected by a Landscape or Conservation Easement. Requirements for the documenting and delineating of easements are given in subsections 30-58d, 30-58f and 30-58h.

To the extent that the use of the clustering or lot averaging techniques permitted in the applicable zoning district will maximize the retention of woodlands in the development of the tract, such techniques shall be used.

Subject to the provisions of paragraph d1, above, if the application is for a subdivision, a portion of the woodlands existing on the tract prior to development may be permitted to be removed for development as follows:

(a)

Up to 10% of the woodlands based on the area covered by the tree canopy (dripline) existing on the tract prior to development may be removed for the construction of necessary public and private streets, public utilities and common or public stormwater management facilities; and

(b)

Reasonable and necessary removal of woodlands to provide for the necessary footprint area on each residential lot within the subdivision shall also be permitted.

(c)

All improvements on new residential lots shall be located so as to retain any significant or specimen tree or any other desirable healthy individual tree as identified by the approving authority. The approving authority may consult with the Holmdel Shade Tree Committee and/or the Construction Office and/or the Environmental Officer in making this identification. Improvements must also be located and designed to minimize forest removal and fragmentation.

(d)

The above criteria for permitted removal of woodlands on new residential lots shall not result in the removal of woodlands on any lot in excess of the following:

Acreage of Lot⁽¹⁾	Maximum Area of Woodlands Removed⁽²⁾
1	20,000 square feet
2	30,000 square feet
3	40,000 square feet
4	50,000 square feet
5 acres or more	60,000 square feet

Notes:
⁽¹⁾	For lots with a lot area less than or between these size ranges, interpolation shall be used.
⁽²⁾	Or an area equal to twice the impervious surface coverage permitted in the zone, whichever is less.

Subject to the provisions of paragraph d1 above, if the application is for site plan approval, up to 20% of the woodlands existing on the lot prior to development may be removed for development, provided, however, that all improvements shall be located so as to retain any significant or specimen tree or any other desirable healthy individual tree as identified by the approving authority. The approving authority may consult with the Holmdel Shade Tree Committee and/or the Construction Office and/or the Environmental Officer in making this identification.

For developments involving both site plan and subdivision approval, the requirements of paragraph d4 shall apply to the development of the tract as a whole and to the development of any new residential lots within the development, and the requirements of this paragraph d5 shall apply only to the development of any nonresidential lots within the development.

If the approval of the application and of any permits issued pursuant to such approval will result in the removal of more woodlands than the limits set forth in paragraphs d4 and 5 above, or will result in the removal of any priority woodlands, identified in paragraph d1 above, mitigation shall be required on an acre for acre basis to the extent of such excess removal of priority woodlands. Mitigation shall be undertaken in accordance with paragraph f of this subsection. Prior to approving a plan for mitigation, the approving authority shall first determine that the proposed design cannot reasonably be modified to reduce woodlands removal or to locate improvements outside of priority woodlands.

The following procedures and requirements for the protection of the woodlands and individual trees to be retained shall be adhered to in the construction phase of the development:

(a)

During construction, no permanent or temporary material, including soil, shall be placed or deposited within an area extending five feet from the outer perimeter of the dripline or within the critical root zone, whichever is greater, of any tree to be retained or of the trees at the perimeter of any forest stand to be retained. Such area shall be protected as a Protected Root Zone (PRZ) by orange-blazed fencing or snow fencing placed outside of such area during construction, and the fencing shall be inspected and approved by the Construction Office prior to the start of any site disturbance. See also Section 30-58A for requirements on tree protection and Section 30-58g for requirements on the delineation of conservation easements during construction.

(b)

Where necessary, pursuant to an approved grading plan, to fill or remove soil within an area that encompasses either the critical root zone or the area five feet from the outer perimeter of the dripline, whichever is greater, of any individual tree to be retained in the area of disturbance or of the trees within the perimeter of any forest stand to be retained, the existing grade around each such tree shall be maintained to the extent of the critical root zone or the area five feet from the outer perimeter of the dripline, whichever is greater, by a tree well and extension tiles (in the case of fill) or by a retaining wall (in the case of a cut).

(c)

No chemicals shall be disposed of and no concrete trucks shall be rinsed within the critical root zone of any tree or of the trees at the perimeter of any forest stand to be retained.

(d)

During construction, individual trees to be retained and trees located at the perimeter of a forest stand to be retained shall be maintained in accordance with a maintenance schedule and plan under the direction of the Construction Office.

(e)

If equipment must temporarily invade the PRZ of any individual tree to be retained or of any tree(s) located at the perimeter of a forest stand to be retained, the Construction Office shall approve and inspect the installation of required root protection measures within the path of such equipment (e.g., the installation of a six-inch deep layer of wood chips), shall inspect the invasion of the PRZ and shall thereafter inspect the removal of all temporary protective measures and the replacement of the protective fencing.

(f)

If the approved calls for the installation of any pavement, utilities, or other improvements within the critical root zone or the area five feet from the outer perimeter of the dripline, whichever is greater, of any individual tree to be retained or of any tree(s) located at the perimeter of any forest stand to be retained, special techniques for such installation shall be employed to minimize the impact on the protected tree(s), and such installation shall be directed, inspected and monitored by the Construction Office.

(g)

In the event any of the foregoing procedures and requirements for construction are violated, the Construction Office or the Township Administrator shall issue a stop work order until the violation is remedied.

Woodlands Mitigation.

If mitigation is required, a woodlands mitigation plan shall be presented which shall consist of one or more of the following alternative approaches (in descending order of desirability):

(a)

Mitigation planting on-site.

(b)

Mitigation planting off-site on public land (including County or State land) or on other land designated in or meeting the requirements identified in the Holmdel Township Master Plan that is, to the extent practicable, located within the same subwatershed as the woodlands being removed.

(c)

Mitigation planting off-site on privately-owned land to be permanently deed-restricted for that purpose that is, to the extent practicable, located within the same subwatershed as the woodlands being removed.

Requirements for mitigation planting on and off-site:

(a)

Landscaping in accordance with an approved landscaping plan may be credited as mitigation if the landscaped area has a width of 35 feet or more in all directions and equals or exceeds 2,500 square feet in area and if the quantity of plantings per each 2,500 square foot area is at least seven trees and 20 shrubs.

(b)

A woodlands mitigation planting plan that is not part of the approved landscaping plan shall be reviewed and approved by the approving authority based on the recommendations of the Construction Office and/or the Shade Tree Committee. All of the following shall ordinarily be planted on each acre of woodlands mitigation area:

(1)

Thirty-five trees per acre at a two-inch caliper size; and

(2)

Seventy trees per acre at a one-inch caliper size; and

(3)

One hundred trees per are installed as whips (five feet to six feet in height); and

(4)

Forty woody shrubs per care, to be located at the edges of the planting area; and

(5)

A native grass mix shall be seeded over the entire planting area.

A diversity of native species shall be planted in each of the above categories. The species selection shall be based on the information collected in the natural resource inventory required in Section 30-59 and shall be subject to the approval of the Construction Office, who shall also inspect and approve all planting materials upon delivery to the site and prior to and following their installation.

(c)

The applicant's landscape architect or New Jersey Certified Tree Expert or New Jersey Approved Forester shall prepare the cost estimate for the woodlands mitigation planting plan. Such estimate shall be separate and apart from the estimate pertaining to the approved landscaping plan. The cost of the woodlands mitigation planting plan shall include all materials, installation costs and continuing costs associated with the implementation of the maintenance plan. The cost estimate for the woodlands mitigation planting plan shall be reviewed and approved by the Construction Office and shall thereafter be transmitted to the Township Committee for inclusion in the cost estimate for the performance guarantee for the entire project.

(d)

Prior to the release of any portion of the performance guarantee covering the woodlands mitigation planting plan, the Construction Office shall inspect the plantings and shall make a recommendation to the Township Engineer as to whether the plantings have been installed in accordance with the approved woodlands mitigation planting plan. The applicant shall post a maintenance guarantee following the inspection and approval or acceptance by the Township of the installation of the plantings included in the woodlands mitigation planting plan. The amount and timing of the maintenance guarantee shall be in accordance with N.J.S. 40:55D-53.

(e)

At least 30 days prior to the release of the maintenance guarantee or portion thereof covering the woodlands mitigation area, the Construction Office shall inspect the mitigation area and notify the Township Clerk and by certified mail the applicant and the bonding company. The maintenance guarantee shall not be released unless the following conditions have been met:

(1)

Survival of 100% of the trees installed at two-inch caliper size and 100% of the woody shrubs;

(2)

Survival of 85% of trees installed at one-inch caliper size;

(3)

Survival of 75% of trees installed as whips;

(4)

All surviving plant material shall be found to be in good health and free of diseases and pests; and

(5)

There shall be no evidence of exotic and invasive plant material.

(f)

To ensure that foregoing survival rates and conditions, a maintenance plan shall be submitted to the Construction Office for approval prior to the grant of final approval by the approving authority. The maintenance plan shall include, but not by way of limitation, the following: plans and schedules for weeding, watering and deer protection (including fencing or tree shelters). For individual trees, the maintenance plan may also be required to include mulching, fertilizing, and treatments for pests and diseases. The Construction Office shall inspect the premises periodically following the installation of the woodlands mitigation planting to ensure that the maintenance plan is being implemented and to recommend additional maintenance requirements, if necessary, to ensure the health and survival of the woodlands mitigation area.

(g)

A landscape easement shall be placed on the woodlands mitigation area. The landscape easement shall allow for continued maintenance of the woodlands mitigation area by the owner via the removal of hazardous or diseased trees or tree limbs, removal of exotic and invasive plant species, erection of protective fencing, and the installation by hand of new plantings intended to replace dead trees or supplement existing growth, but only with the approval of the Construction Office.

Information to be provided for mitigation planting on and off-site.

(a)

A table and description of soil preparation methods, species, sizes and spacing to be utilized for the new plantings;

(b)

A binding two-year maintenance and management agreement that details how the area(s) designated for new plantings will be maintained to ensure satisfactory establishment of the new woodland including:

(1)

Regular watering;

(2)

Regular removal of invasive plant species;

(3)

Protection from deer grazing; and

(4)

Contact name and phone number for party responsible for maintenance.

(c)

A mitigation table identifying the percent of the tract area in woodlands that is proposed to be cleared as a result of the proposed development; the number of acres of existing woodlands to be cleared; the applicable replacement requirements; and the number of acres of mitigation plantings proposed.

Fees, Violations and Penalties.

Fees.

(a)

The fees charged for inspections undertaken and other services provided by the Construction Office shall be established by the Governing Body by ordinance. Such fees may, from time to time, be amended by ordinance.

(b)

All charges made against escrow accounts for the services of the Construction Office in connection with the enforcement of this subsection shall be in accordance with N.J.S.A. 40:55D-53.2.

Violations and Penalties.

(a)

Any violation of the provisions of this subsection shall be punishable by a fine not exceeding $1,000 or by imprisonment or community service not exceeding 90 days, or both, for each separate offense.

(b)

Each day on which a duly noticed violation is continued or remains unremedied while work is progressing shall constitute a separate offense, punishable as set forth herein.

(c)

Upon notification by the Township of Holmdel or its agent of the existence of a violation, the violation shall be immediately remedied. If a violation cannot be remedied immediately, the municipality or its agent may issue a "Stop Work Order" until the violation is remedied. If a violation causes irreversible damage to a tree or woodland slated for retention, the municipality or its agent shall issue a "Stop Work Order" and the developer shall be required to submit a new preliminary and final plan to the approving authority for its approval before resuming work.

(d)

The approving authority shall reserve the right to revoke or withdraw any approval granted for subdivision or site plan upon notice to the applicant and public hearing, in the event that there is any deviation from, or alteration of, the approved woodlands retention and preservation plan, unless prior written approval for such deviation or authorization has been obtained from the approving authority. Minor deviations and field changes may be authorized solely by the Construction Office in writing and only after consultation with the Chairman of the applicable approving authority to determine if the proposed minor deviations and field changes deviate from the intent of the original approval with respect to the woodlands retention and preservation plan. If it is determined by this consultation that the changes proposed are not minor, the matter must be referred to the full Board, and no changes may be effected until such Board gives its approval.

(e)

Each of the terms and conditions of any approval relating to woodlands retention and preservation are material elements of the development approval based upon the submission of the application in its entirety, and the noncompliance with any term or condition by the applicant or its successors or assigns shall be deemed a material default subjecting the applicant to revocation of such approval. The request to change any single condition, since all conditions are integrally related, shall open the entire application to the applicable approving authority for reconsideration, possible reapproval, and new terms and conditions in addition to those terms and conditions contained in the original approval.

[1]

Editor's Note: Former subsection 30-116.12, Septic Systems, previously codified herein and containing portions of Ordinance No. 95-22, was repealed in its entirety by Ordinance No. 2004-35.

[1]

Editor's Note: Former Section 30-117, Visual Compatibility Requirements for the Installation of Wireless Telecommunications Antennas, Towers and Equipment Compounds, previously codified herein and containing portions of Ordinance Nos. 98-11 and 2001-23 was repealed in its entirety by Ordinance No. 2002-17.

[1]

Editor's Note: Former Section 30-118, Antenna Modifications, Tower Certification, Abandonment, and Collocation, previously codified herein and containing portions of Ordinance No. 98-11 was repealed in its entirety by Ordinance No. 2002-17.