Township of Millstone, NJ Article 11 Design and Performance Standards and Construction Specifications

§ 35-11-1 DESIGN AND PERFORMANCE STANDARDS.

Applicants for nonresidential uses shall comply with the following design and performance standards and requirements and principles of land subdivision in the design of each subdivision or portion thereof. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees in accordance with Article 13 of this chapter for the ultimate installation of the items required by this section.

§ 35-11-2 SUBDIVISION DESIGN STANDARDS.

The subdivision shall conform to design standards that will encourage good development patterns encouraging a coordinated, well planned community with provisions for desirable services and circulation facilities. The subdivision shall conform to the proposals and conditions shown on the Master Plan and Official Map, as adopted by the Township.

§ 35-11-2A APPLICABILITY OF DESIGN AND PERFORMANCE STANDARDS.

[Ord. No. 97-09]

The design requirements and performance standards of Chapter 35 shall apply to all land development applications for all agricultural, commercial, office, industrial, institutional, educational, or mixed uses in the Township of Millstone. With respect to development applications for residential subdivisions, or residential site plan approvals, the Residential Site Improvement Standards of Article 5, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements which have been validly adopted by the New Jersey Commission of Community Affairs pursuant to N.J.S.A. 40:55D-40.1 et. seq. If, with respect to a particular design matter, no statewide standard has been validly adopted by the Commissioner of Community Affairs, then the requirements and standards of this chapter 35 shall govern in such respect.

§ 35-11-3 STREETS.

§ 35-11-3.1 Paving, Street Arrangement.

All subdivisions shall be served by paved public streets with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.

§ 35-11-3.2 Access by Adjoining Tracts.

When a new subdivision adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.

§ 35-11-3.3 Signs.

Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic. Whenever or wherever possible all streets shall be laid out and designed to fit the prevailing contours of the land to discourage excessive and unnecessary cuts and fills.

§ 35-11-3.4 Subdivision Street Connections, Buffers.

In all residential zones, all major subdivisions bounded by an expressway, arterial or collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or streets intersecting said expressway, arterial or collector street. In addition, that portion of the subdivision abutting said freeway, arterial or collector street right-of-way to a depth of 25 feet therefrom and for the full length of the subdivision shall be planted with nursery grown trees so that in a reasonable period of time a buffer will exist between the development and the highway to promote public safety and maintain open spaces and a rural atmosphere. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. No driveways shall enter onto expressways or arterial streets.

§ 35-11-3.5 Reserve Strips.

No subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township Committee after recommendation by the Board.

§ 35-11-3.6 Subdivision Adjoining or Including Existing Township Streets.

In the event that a subdivision adjoins or includes existing Township streets that do not conform to widths as shown on the adopted Master Plan and/or Official Map or the street width requirements of this chapter, additional land along either or both sides of said street, sufficient to conform to the right-of-way requirements, shall be dedicated to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished to the Township and the dedication shall be addressed on the plat as follows: "Street right-of-way easement granted to the Township of Millstone permitting the Township to enter upon these lands for the purposes provided for and expressed in the Land Use and Development Regulations of the Township of Millstone". This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by Ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guarantees. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within the subdivision shall be improved including excavation, grading, base course and surfacing in accordance with the road improvement standards of this article.

§ 35-11-3.6A Right-of-Ways, Street Design Standards, Typical Street Cross Sections.

The right-of-way width shall be measured from lot line to lot line and shall not be less than as listed on the Schedule 6, Street Design Standards and Diagram 2, Typical Street Cross Sections.

§ 35-11-3.7 Street Intersections.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60° and approaches to all intersections shall follow a straight line for at least 100 feet. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point two intersections shall be spaced a sufficient distance to permit a minimum of two lots between the two street rights-of-way. Any subdivision abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street except where the frontage is sufficient, more than one street may intersect the arterial or collector street provided the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:

Arterials - 40 feet; collectors - 35 feet; and local streets - 25 feet.

§ 35-11-3.8 Longitudinal Grades, Maximum Grades.

Longitudinal grades on all streets shall not exceed 10% and shall be no less than 0.5%. Maximum grades within intersections shall be 3%.

§ 35-11-3.9 Changes in Grades.

All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade, or portion thereof, and providing minimum sight distances of 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.

§ 35-11-3.10 Minimum Sight Distance.

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet, for local streets, 500 feet for a collector street and 800 feet for an arterial street.

§ 35-11-3.11 Street Names.

[Ord. No. 97-09]

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Planning Board and the Township Committee shall reserve the right to approve street names in all new subdivisions or in the alternate shall have the right to name the streets within a proposed subdivision. Street names shall be determined after the approval of a preliminary subdivision plat and prior to the preparation of a final plat. Applying the principles set forth above, the following procedures shall be utilized in designating street names:

a. The applicant/developer shall choose street names which relate to the history of the area, or to the history of the Township. Reference for preferred names should be made to the History of the Township of Millstone.

b. After choosing suggested street names, the applicant/developer shall submit each to the Post Office servicing the development for review and approval in writing.

c. The approved street names shall then be submitted for review by the Township Engineer and by the Planning Administrator which shall recommend approval or disapproval by the reviewing board.

d. Nothing herein shall be deemed to abrogate the powers of the Township Committee to direct the designation of street names in any circumstance under which it may choose to exercise such power.

§ 35-11-3.12 Dead End Streets.

[Ord. No. 03-17 § I]

Dead end streets (culs-de-sac) should be no longer than the distance allowed by the Residential Site Improvement Standards (RSIS).

All dead end streets shall provide a turnaround at the end with a paved radius of not less than 40 feet and tangent to the right side of the street. If a turnaround tangent to the right side of the street cannot be provided, then a paved radius of not less than 50 feet shall be provided. If a dead end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

§ 35-11-3.13 Street Crowns.

All streets shall be constructed with a parabolic crown as follows: Eight inches for 36 feet of pavement width or greater and six inches for less than 36 feet of pavement width.

§ 35-11-3.14 Sight Triangle Easements.

Sight Triangle Easements shall be provided at street intersections.

§ 35-11-3.15 Street Design Standards.

In all subdivisions, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following Schedule 6, Street Design Standards, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street.

Schedule 6
Street Design Standards
	Arterial	Major/Local Collector	Local Standard	Local-Woodsy Lane(2)	Industrial Business Areas
Right-of-way Width (feet)	(1)	60	50	50	60
Pavement Width (feet)	(1)	40	30	26	36
Minimum Radius of Horizontal Curves of Street Lines (feet)	(1)	400	200	100	100
Minimum Length of Tangents Between Reverse Curves (feet)	(1)	200	100	100	100
Maximum Grade (percent)	(1)	6	10	10	6
Minimum Grade (percent)	(1)	0.75	0.75	0.75	0.75

NOTES:
(1)	Subject to State or County Approval
(2)	Subject to approval of Millstone Planning or Zoning Board and compliance with "Woodsy Lane" zoning provisions.
	Arterial - Connects freeways to major sources of traffic and collector roads to other arterial roads. Also provides direct access to property. Arterials include: New Jersey State Highway 33; Monmouth County Routes 1, 524, 526, 527, 527A, 537 and 571.
	Local or Major Collector - Connects low traffic volume local roads to other collectors and arterial roads. These include: Baird Road, Bergen Mills Road, Clarksburg Road, Millstone Road, Agress Road, Battleground Road, Bitner Road, Brookside Road, Carrs Tavern Road, Hulka Way, Nurko Road, Prodelin Way, Witch's Hollow Road, Stillhouse Road.
	A determination of an appropriate pavement width shall be determined individually by the Planning Board in each application.
	Refer to Diagram 2 entitled "Typical Street Cross Sections" for requirements for roadway construction.
	Streets shall provide a width of not less than 50 feet in width within the right-of-way lines except for those streets which are designated on the Circulation Plan Element of the Master Plan at the width specified therein.

§ 35-11-3.16 Blocks.

a. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning District and to provide for convenient access, circulation and safety or street traffic.

b. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.

c. For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

d. Lot dimensions and area shall not be less than the requirements of the Zoning District.

e. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

f. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such line.

§ 35-11-4 DRAINAGE.

§ 35-11-4.1 Stormwater and Surface Drainage.

All streets shall be provided with stormwater inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structure on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. All drainage design and computation factors shall be submitted to the Board Engineer for review and approval and shall conform to the requirements of this chapter.

§ 35-11-4.2 Computing Stormwater.

The duration of a storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.

§ 35-11-4.3 Pipe Size.

No pipe size in any storm drainage system shall be less than fifteen-inch diameter reinforced concrete pipe or its equivalent.

§ 35-11-4.4 Dished Gutters.

Dished gutters shall not be permitted on any streets and intersections.

§ 35-11-4.5 Storm Drain Pipes.

Storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Planning Board Engineer. Reinforced concrete pipe shall conform to the most current A.S.T.M. Specifications C76. All pipe shall be Class III, Wall B strength except where stronger pipe is required as determined by the Board Engineer. All pipe shall be designed for AASHO H20-44 loading and shall meet the minimum cover requirements.

In locations other than within the right-of-way of public roads where, because of severe topographic conditions or the desire to minimize the destruction of trees and vegetation, corrugated aluminum pipe, pipe arch, helical corrugated pipe, or fully coated corrugated metal pipe, may be used. The material used shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designation M-196-62 or the Standard Specification for Aluminum Alloy Helical Pipe AASHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be: less than twenty-four-inch diameter or equivalent, 0.075 inches: twenty-four-inch diameter and less than forty-eight-inch diameter or equivalent, 0.105 inches; forty-nine-inch but less than seventy-two-inch diameter or equivalent, 0.135 inch; and seventy-two-inch diameter or equivalent, and larger, 0.165 inches except where stronger pipe may be required as determined by the Board Engineer.

§ 35-11-4.6 Grading of Lots.

For all development, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots. Easements or rights-of-way shall be required in accordance with the section entitled "Easements" in this article where storm drains are installed outside streets.

§ 35-11-4.7 Runoff.

All storm drains shall be designed to carry the runoff from the entire upstream watershed. The quantity of the runoff shall be determined by the rational formula (or other formula acceptable to the Board Engineer).

§ 35-11-4.8 Conduit Sizing.

The sizing of conduit for the transmission of storm flow shall be determined by the use of the Manning Formula.

§ 35-11-4.9 Coefficient of Runoff.

The following minimum coefficients shall be used in determining runoff from all offsite contributing areas based upon permitted land use as determined by the current zoning ordinance.

Residential use lot size 1 acre or greater	C=0.30
Residential use lot size 20,000 square feet or greater but less than 1 acre	C=0.40
Residential use lot size less than 20,000 square feet	C=0.50
Multifamily use	C=0.70
Commercial use	C=0.85
Industrial use	C=0.80
Parks, and other permanent open space	C=0.2

In lieu of more detailed analysis, the above values shall also be used to determine the runoff from onsite contributing areas. If the designer wishes to present a more detailed analysis the following coefficients shall be used in determining the average overall coefficient.

Paved surface (streets, drives, roofs, etc.)	C=0.95
Unpaved bare surfaces	C=0.6
Grassed areas (flat-less than 2%)	C=0.2
Grassed areas (average between 2% and 10%)	C=0.3
Grassed areas (steep-more than 10%)	C=0.4

§ 35-11-4.10 Intensity of Rainfall.

a. All subdivision and site plan drainage collection systems shall be designed for a twenty-five year frequency rainfall, or if the above results in a conduit size at least equivalent to a 54 reinforced concrete pipe then a fifty-year frequency rainfall shall be used using the applicable time of concentration.

b. Rainfall data shall be taken from the U.S. Department of Commerce Technical Paper No. 25 "Rainfall Intensity-Duration-Frequency Curves" using the Sandy Hook weather station data. Stream relocations, bridges, box culverts, pipes over 72 inches in diameter and other critical waterways, as determined by the Board Engineer, shall be designed for a one-hundred-year frequency rainfall. In all cases, grading should be arranged so that flood damage to buildings and parked motor vehicles can be eliminated.

§ 35-11-4.11 Coefficient of Roughness.

The following coefficients of roughness shall be used in the Manning Formula to determine pipe capacity:

Concrete Pipe	C=.013
Concrete pipe box culverts	C=.015
Corrugated metal pipe/pipe arch 2-2/3 x 1/2 Corr	C=.024
Corrugated metal pipe 3 x 1 Corr	C=.026
Corrugated metal pipe/pipe arch (fully paved)	C=.015
Corrugated metal pipe arch (paved invert)	C=.019

The following minimum values shall be used for open channels:

Concrete lined	C=.015
Earth channels	C=.025
Natural channels	C=.030-.050

§ 35-11-4.12 Velocity Restrictions.

In general, velocities in closed conduits at design flow should be at least 2 1/2 feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 0.5 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the subdivider and shall be made available to the Board at the time of drainage review. At the transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. The provisions may include rip-rapping, gabions, lining, aprons, chutes and checks or others, all suitably detailed and approved. For all open channel flows tailwater depth and velocity calculations shall be submitted.

§ 35-11-4.13 Drainage Structures.

All drainage structures including manholes, inlets, headwalls and sections and box culverts shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the Board Engineer, all curb inlets shall be standard type "B" with curb piece heights equal to the exposed curb faced of the adjacent curb plus two inches. All lawn inlets shall be standard type "E." When the pipe size is such as to require a larger structure, standard type "B1" or "B2," "E1" and "E2" shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.

§ 35-11-4.14 Inlet Capacity.

The maximum collecting capacity of an inlet shall be: five cubic feet per second for Type "B" inlets and two cubic feet per second for Type "E" inlets, and in addition gutter flow shall also be limited to provide a maximum gutter flow surface width of eight feet.

§ 35-11-4.15 Inlet Location and Spacing.

Inlets shall be located as follows: At all street low points; in all gutters spaced to insure that the runoff to each inlet does not exceed the collecting capacity as previously established: in yards and swales as required and as required at intersections to eliminate rocker gutters. In no event shall inlets be placed more than 600 feet apart.

§ 35-11-4.16 Alignment.

Curved alignments shall not be permitted. All pipes shall be constructed on a tangent alignment.

§ 35-11-4.17 End Section.

All discharge pipes shall terminate with an end section which may be: precast flared concrete; flared corrugated metal; straight cast in place concrete or cast in place concrete with flared wingwalls. The final determination as to type of end treatment shall be subject to approval of the Board Engineer.

§ 35-11-4.18 Offsite Drainage.

All drainage systems shall terminate in an existing permanent natural body of water or drainage course or as determined by the Board Engineer.

§ 35-11-4.19 Open Channels.

Generally, unlined open channel cross sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 6:1 for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than 2:1. The bottom of all unlined open channels and the channel side slopes to at least the design flow level will be sodded with suitable course grass sod. All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit. All unlined open channels which can be expected to have base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, rip-rap, lining, 1/3 pipe sections or other arrangements approved as part of the final plat submission.

§ 35-11-4.20 NJDEP Jurisdiction.

All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile or located within a floodplain must have the approval of the New Jersey Division of Water Policy and Supply. All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The State may retain jurisdiction, in which case a permit will be necessary as set forth, or may refer the matter to the County Engineer for review.

§ 35-11-4.21 Nonpipe Culverts.

All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

§ 35-11-4.22 Guiderails.

Guiderails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Board may require that any open channel other than naturally occurring streams be fenced with forty-eight-inch high chain link fencing if the banks of the channel are steeper than one foot vertical for every four feet horizontal and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Board at specified intervals.

§ 35-11-4.23 General Drainage Requirements.

a. All development applications plats must be accompanied by the drainage area map and drainage calculations. No drainage pipe or easement shall be permitted within 25 feet of any existing or proposed individual sewage disposal system. At least one foot and zero inches of minimum cover over the top of the pipe at all times, including during construction, must be provided.

b. Subject to review and approval by the Board, the design of a subdivision may be modified to take advantage of the natural drainage features of the land. In such review the Board will use the following criteria: 1) The utilization of the natural drainage system to the extent possible. 2) The maintenance of the natural drainage system as much as possible in its unimproved state. 3) When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections. 4) The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases. 5) Maintenance of base flow in streams, reservoirs and ponds. 6) The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.

c. In instances where the Planning Board, based upon the findings of its Engineer and the drainage data submitted by an applicant, determines that existing natural drainage features such as streams, ditches, ponds, lakes, rivers, natural marsh areas, etc., cannot accommodate additional onsite or offsite drainage flows based upon the anticipated volume of water or rate of stormwater flow or where stormwater runoff may cause potential down stream adverse drainage effects; the Board, in its discretion, may require the use of reasonable artificial methods of detention, retention, and/or recharge if it determines that natural provisions are not feasible.

d. When a subdivider or his engineer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Board Engineer prior to beginning his detailed design for review and approval of his proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area.

e. When the Board and/or Board Engineer finds it necessary, they may waive any or all of the requirements established herein and may require additional information in accordance with N.J.S.A. 40:55D-51.

f. The Township shall ascertain, in each drainage instance, the drainage area of which the specific subdivision is a part, and apportion the fair costs of adequate drainage for the whole drainage area among the landowners who contribute to or who will contribute to the stormwater runoff if the subdivision is approved.

g. Each applicant for a subdivision requiring provisions for overall drainage of stormwater runoff shall install an adequate drainage system in the specific subdivision and shall also pay in cash to the Township the fair cost so apportioned to the specific subdivision for the ultimate disposal of the stormwater runoff to such ultimate adequate outlet for final disposal as aforesaid. Each payment made to the Township shall be held by it in trust until the overall ultimate disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area may be used for such construction in and for that area.

§ 35-11-5 DETENTION AND RETENTION FACILITIES.

§ 35-11-5.1 Detention and Stormwater Management Facilities.

Detention and all other stormwater management facilities shall conform to the standards under the New Jersey Stormwater Management Act, N.J.S.A. 7:8, et seq.

§ 35-11-5.2 Computation for Detention and Stormwater Management Facilities.

Where detention or retention facilities are deemed necessary, they shall accommodate site runoff generated from two-year, ten-year, twenty-five-year, fifty-year and one-hundred-year storms considered individually, unless the detention or retention basin is classified as a dam, in which case the facility must also comply with the Dam Safety Standards, N.J.A.C. 7:20. These design storms shall be defined as either a twenty-four-hour Type III storm using the rainfall distribution recommended by the US Soil Conservation Service (such as US Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release Number 55) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site when using a design method such as the Rational Method.

Runoff greater than that occurring from the one-hundred-year, twenty-four-hour storm will be passed over an emergency spillway. Detention will be provided such that after development the peak rate of flow from the site will not exceed that by similar storms prior to development. For purposes of computing runoff, lands in the site shall be assumed, prior to development, to be in good condition (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of conditions existing at the time of computation.

§ 35-11-5.3 Calculating the Site Runoff.

In calculating the site runoff to be accommodated by a detention facility, the method to be used is a tabular hydrograph method as presented in TR Number 55 (SCS method) as supplemented and amended.

§ 35-11-5.4 Location of Detention Facilities.

Detention facilities shall be located as far horizontally from surface water and as far vertically from groundwater as is practicable.

§ 35-11-5.5 Interception of the Post-Development Groundwater Table.

[Ord. No. 99-19, § I]

Detention facilities shall not intercept the post-development groundwater table, where practicable. Pipe joints shall be "0" ring type in accordance with ASTM C-443 or equivalent soil tight joint design approved by the Township Engineer.

§ 35-11-5.6 Non-Impervious Surface Calculations.

Only 1/2 of the area devoted to detention or retention facilities shall be considered non-impervious surfaces in calculating the maximum percentages as set forth in other sections of this chapter. The area devoted shall be the area encompassed by the depth of water to the emergency spillway plus one foot.

§ 35-11-5.7 Storage Capacity.

Retention facilities shall be required to provide 100% storage capacity for the fifty-year storm, and shall also satisfy the discharge requirements of this chapter pertaining to the one-hundred-year storm.

§ 35-11-5.8 Protecting Water Quality.

a. In addition to addressing water quantity generated by development, a stormwater management system shall also enhance the water quality of stormwater runoff.

b. In order to enhance water quality of stormwater runoff, stormwater management shall provide for the control of a water quality design storm. The water quality design storm shall be defined as the one year frequency SCS Type III twenty-four-hour storm, a 1.25-inch two-hour rainfall or as defined by the New Jersey Department of Environmental Protection.

c. The water quality design storm shall be controlled by best management practices. These include but are not limited to the following:

1. In "dry" detention basins, provisions shall be made to ensure that the runoff from the water quality design storm is retained such that not more than 90% will be evacuated prior to 36 hours for all nonresidential projects or 18 hours for all residential projects. The retention time shall be considered a brim-drawdown time, and therefore shall begin at the time of peak storage. The retention time shall be reduced in any case which would require an outlet size diameter of three inches or less. Therefore, three inch diameter orifices shall be the minimum allowed.

2. In permanent ponds or "wet" basins, the water quality requirements of this section shall be satisfied where the volume of permanent water is at least three times the volume of runoff produced by the water quality design storm.

§ 35-11-5.9 Basin Ownership.

[Ord. No. 03-17 § II; amended 3-18-2020 by Ord. No. 20-06]

All detention basins, retention basins or other stormwater detention/retention/infiltration facility shall be located on a separate lot to be dedicated to the Township.

Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," privately owned and maintained detention basins, retention basins or other stormwater detention/retention/infiltration facility need not be located on a separate lot to be dedicated to the Township.

§ 35-11-6 PRINCIPAL OUTLETS QUANTITY CONTROL.

§ 35-11-6.1 Outlet Pipes.

To minimize the chance of clogging and to facilitate cleaning, outlet pipes shall be at least 15 inches in diameter. All outlet piping is to be watertight, reinforced concrete pipe. In addition, aluminum, stainless steel or epoxy coated steel trash racks and/or anti-vortex devices may be required where deemed necessary by the Township.

§ 35-11-6.2 Collars.

Minimum eight-inch thick anti-seep collars are to be installed along outlet pipes. Such collars shall be constructed of reinforced concrete with minimum Number 5 bars, each way, and three inches of cover. A minimum of two anti-seep collars shall be provided on the outlet pipes.

§ 35-11-6.3 Cradles.

Where applicable, a concrete cradle shall be provided for outlet pipes.

§ 35-11-6.4 Construction of Outlet Structures.

All principal outlet structures shall be concrete block, precast reinforced concrete, or cast-in-place reinforced concrete. All construction joints are to be watertight. All construction shall be in conformance with New Jersey Department of Transportation standard specifications.

§ 35-11-6.5 Linings.

Suitable channel lining shall be placed downstream of principal outlets as necessary to prevent scour and erosion. Such lining shall conform to the criteria contained in Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

§ 35-11-6.6 Principal Outlets Quality Control.

Principal Outlets Quality Control. The invert(s) of the principal outlet(s) used to control the larger storms for flood control purposes will be located at the peak elevation in the storage facility of the water quality design storm. Therefore, the principal outlets would be utilized for storms in excess of the 1.25 inch, two-hour event. If the above requirements would result in an outlet smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum outlet size used. It should be remembered that, in all cases, the basin should be considered initially empty (i.e., the storage provided for the quality requirements and the discharge capacity of its outlet shall be utilized during the routing of the larger flood control storms).

§ 35-11-7 EMERGENCY SPILLWAYS.

§ 35-11-7.1 Compliance.

Emergency spillways shall be suitably lined and shall comply with criteria contained in Standards for Soil Erosion and Sediment Control in New Jersey.

§ 35-11-7.2 Velocities.

Maximum velocities in emergency spillways shall be checked based on the velocity of the peak flow in the spillway resulting from the routed 500-year storm Emergency Spillway Hydrograph. Where maximum velocities exceed those contained in Standards for Soil Erosion and Sediment Control in New Jersey suitable lining of the emergency spillway and its downstream slope shall be provided.

§ 35-11-8 DAMS AND EMBANKMENTS.

§ 35-11-8.1 Minimum Top Widths.

The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

Minimum Top Widths
Height (Feet)	Top Width (Feet)
0 to 15	10
15 to 20	12
20 to 25	14

§ 35-11-8.2 Design Top Elevation.

The design top elevation of all dams and embankments after all settlement has taken place, shall be equal to or greater than the maximum water surface elevation in the basin resulting from the routed 500-year storm Freeboard Hydrograph. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to ensure the design top elevation will be maintained following all settlement. This increase shall not be less than 5%. Where necessary, the Engineer shall require consolidation tests of the undisturbed foundation soil to more accurately determine the necessary height.

§ 35-11-8.3 Side Slopes.

Maximum side slopes for all dams and embankments are three horizontal to one vertical. One section of the embankment shall have a flatter slope which will allow access to the bottom of the basin by maintenance vehicles.

§ 35-11-8.4 Earth Fill.

All earth fill shall be free from brush, roots, and other organic material subject to decomposition.

§ 35-11-8.5 Cutoff Trenches.

Cutoff trenches are to be excavated along the dam or embankment center line to impervious subsoil or bedrock.

§ 35-11-8.6 Safety Ledges.

Safety ledges shall be constructed on the side slopes of all detention and retention basins having a permanent pool or water. The ledges shall be four to six inches in width and located approximately 2 1/2 feet to three feet below and 1 1/2 feet above the permanent water surface.

§ 35-11-8.7 Fill Material.

The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum density obtained from compaction tests performed by the appropriate method in ASTM D698.

§ 35-11-8.8 Dry Detention Basins.

All dry detention basins shall be provided with a concrete low flow channel with a perforated pipe underdrain in a stone trench wrapped in a non-woven geotextile fabric. The underdraining shall be connected to the basin outlet structure.

§ 35-11-8.9 Basin Bottom Slope.

Minimum basin bottom slope shall be 2% towards the outlet structure or low flow channels.

§ 35-11-8.10 Top of Bank Location.

The top of bank for facilities constructed in cut and the toe of slope for facilities constructed in fill shall be located no closer than 15 feet to an existing or proposed property line.

§ 35-11-8.11 Landscaping.

Detention basins shall be sodded, attractively buffered and landscaped, and designed as to minimize propagation of insects, particularly mosquitoes. All landscaping and buffering shall be approved by the Township. No trees or shrubs shall be permitted on slopes or banks for facilities constructed in fill. All detention and retention basins with permanent dry weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.

§ 35-11-9 DETENTION FACILITIES IN FLOOD HAZARD AREAS.

There will be no detention basins in the floodplain except for those on-stream and shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50, et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8, et seq.

§ 35-11-10 DETENTION FACILITIES IN FRESHWATER WETLANDS.

Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9b-1, et seq., and any rules adopted pursuant thereto.

§ 35-11-11 STORMWATER MANAGEMENT FACILITIES, MAINTENANCE AND REPAIR.

§ 35-11-11.1 Responsibility and Maintenance.

[Ord. No. 04-02 § I]

Responsibility for operation and maintenance of stormwater management facilities, including periodic removal and disposal of accumulated particular materials and debris, shall be determined at the time of development application review and will be identified in the resolution of approval. If this responsibility shall remain with owner or owners of the property, with permanent arrangements shall be made to pass them on to any successive owner unless assumed by a government agency. If portions of the land are sold, legally binding arrangements in the form of an agreement suitable to the Township Attorney shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the responsible person. The agreement shall be recorded by the applicant in the office of the County Clerk, with a recorded copy forwarded to the Township for record keeping purposes.

§ 35-11-11.2 Agreement with Township.

[Ord. No. 04-02 § I]

The applicant shall enter into an agreement with the Township (or County) to ensure the continued operation and maintenance of the facility. This agreement shall be in a form satisfactory to the Township Attorney, and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a Homeowners' Association or similar permanent entity shall be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

§ 35-11-11.3 Facilities Owned by the Township.

[Ord. No. 04-02 § I]

In instances where stormwater management facilities are to be owned and maintained by the Township, the following requirements apply:

a. The applicant shall maintain the basin during the construction phase of the project.

b. As a condition of final approval prior to release of performance guarantees and prior to acceptance of the basin by the Township, the applicant shall enter into an escrow agreement with the Township, which agreement shall include a statement that the escrow contribution is made in consideration of the Township assuming all future maintenance of the basin. The form of agreement shall be provided by the Township. The agreement, upon execution, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township.

c. The amount of the escrow contribution shall be maintained in a separate account and shall be based upon area of the detention basin on an acreage basis, which shall include the plan area to the top of the bank plus an additional 25 feet at the top of the bank encircling the basin. The amount of the escrow contribution shall be calculated according to the following formula:

1. $15,000 per acre of area of basin, plus $25,000 per basin for repairs and major maintenance. For the purposes of determining basin area, rounding will not be used. Rather, exact basin area will be used to determine the per acre contribution. As an example, 1.5 acre basin will contribute $22,500 towards this component of the payment.

2. The minimum contribution, regardless of the size of the basin, shall be $40,000.

3. Upon certification by the Township Engineer that the project is complete and the guarantee for the project may be released, acceptance of the basin by the Township shall be specifically stated in the resolution authorizing the guarantee release. The Township shall retain from the cash portion of the guarantee, a sum equal to the escrow contribution calculated by the Township Engineer in accordance with the formula in Subsection c1 above. In the event the cash portion of the guarantee is less than the escrow contribution, the developer shall post the deficit in cash prior to release of the guarantee. Any interim guarantee reductions authorized by the Township, shall not be construed to mean that all or any part of the detention basin has been accepted by the Township, nor shall any such interim reduction reduce the cash portion of the guarantee to an amount less than the escrow contribution.

4. The escrow contribution does not include maintenance of the lot or open space area in which the detention basin is located.

5. A requirement of a maintenance agreement for the stormwater management facility only applies to situations where the facility is located on land to be dedicated to the Township. This maintenance agreement is for the upkeep and care of the facility and is separate and distinct from the maintenance agreement for any site improvement as set forth in N.J.S.A. 40:55D-53(a)(2).

§ 35-11-11.4 Security.

[Ord. No. 04-02 § I]

The form of security for the maintenance of the facility shall be approved by the Township Attorney and Finance Office.

§ 35-11-11.5 Notification of Maintenance or Repair.

[Ord. No. 04-02 § I]

In instances where stormwater management facilities are privately owned, in the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the Township shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may proceed to do so and shall bill the cost thereof to the responsible person.

§ 35-11-11.6 Design.

[Ord. No. 04-02 § I]

Stormwater management facilities shall be designed in accordance with the most current version of the NJ Stormwater Management Rules, NJAC 7:8. Low maintenance vegetative ground cover shall be utilized where possible. Where stormwater management systems utilize earthen berms or other containment structures, they shall be designed in accordance with the New Jersey Dam Safety Regulations, NJAC 7:20.

§ 35-11-12 FLOODPLAIN REGULATIONS.

§ 35-11-12.1 Purposes.

The purposes of the following floodplain regulations are:

a. To implement the land use rules and regulations promulgated by the New Jersey Department of Environmental promulgated for floodways and the flood fringe portion of a flood hazard area;

b. To discourage construction and regrading in flood hazard areas;

c. To prevent encroachments flood hazard areas which would obstruct or constrict the area through which water must pass; and

d. To prevent pollution of watercourses during low or high water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.

§ 35-11-12.2 Design Elevation.

The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the New Jersey Department of Environmental Protection, Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner, and at the landowner's expense, determine the precise location of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause, if requested the same to be marked on the ground and on the plat, and notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service; U.S. Corps of Engineers; and the New Jersey Department of Environmental Protection, Division of Water Resources may be sought to aid in delineating the flood hazard design elevation except that where State or Federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.

§ 35-11-12.3 Lots Containing a Floodway Portion of a Drainage Course.

Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this article, plat approval has been granted, and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources where required by State Regulations.

§ 35-11-12.4 Lots Containing Flood Fringes.

Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.

§ 35-11-12.5 Procedures for Review.

The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.

§ 35-11-12.6 Regulation of the Flood Fringe Portion of the Flood Hazard Area.

Regulation of the flood fringe portion of the flood hazard area shall be consistent in the approving authority's determination with the criteria and standards promulgated by the New Jersey Department of Environmental Protection governing the flood fringe area.

§ 35-11-12.7 Submission of Maps, Reports and Documents.

The applicant shall submit maps, reports, and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of ground waters; does not require channel modification or relocation; does not require fill or the erection of structures; does not include the storage of equipment and materials.

§ 35-11-12.8 Drainage Right-of-Way Easements.

Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater run off in the future based upon reasonable growth potential in the municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet rounded to the next highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of drainage easement shall extend 50 feet beyond the top bank on both sides of the drainage course.

§ 35-11-13 EASEMENTS AND WILDLIFE CORRIDORS.

§ 35-11-13.1 Utility Easements.

[Ord. No. 10-12 § VIII]

Easements along rear property lines or elsewhere for utility installation may be required, but are discouraged. Such easements shall be at least 20 feet wide for one utility and five feet for each additional utility and be located in consultation with the companies, municipal departments concerned or other jurisdictional agencies and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

§ 35-11-13.2 Conservation Easements.

[Ord. No. 10-12 § VIII]

Within any land development applications for new single-family dwellings, residential additions, accessory structures, all agricultural, commercial, office, industrial, residential subdivisions and site plans where conservation values relating to scenic vistas, floodplains, wetlands and associated buffers, open space, historical areas, soil types, steep slopes, tree preservation, protection of watercourses, protection of endangered or threatened species habitat, protection of animal life and elimination of excessive noise are deemed to require special protection, said areas shall be located within a conservation easement accurately described on required forms and plats and dedicated to the Township of Millstone. All such easement dedications shall be in a form satisfactory to the Township Attorney. Such dedications shall be expressed on the plat as follows: "Conservation Easement dedicated to the Township of Millstone." Property owners will be required to sign a Notice of Conservation Easement Restrictions form, issued by Construction and Code Enforcement Offices, acknowledging the fact that they are aware their property contains a conservation easement which limits usage of that portion of the property.

§ 35-11-13.3 Conservation Easement Monumentation.

[Ord. No. 05-27 § I; Ord. No. 10-12 § VIII]

All conservation easements shall be delineated in the field with rigid 3.5 inches by 3.5 inches plastic composite posts at a height of 3.5 feet above grade and shall be embedded in concrete. The posts shall be marked with a three inches by three inches anodized aluminum marker with a protective coating. The marker shall state "Conservation Easement" with a Millstone Township logo and applicable ordinance number and shall face the home. Markers may be purchased from the Township. The location of the conservation markers will be reviewed on a case by case basis at the discretion of the Planning Board and/or Township Engineer. At a minimum, conservation markers shall be installed at the intersection of the conservation easement with a property line and at a point midway between property lines. The location and height of the markers shall be shown on the plat and the markers themselves will be items incorporated into the developer's performance bond.

Conservation monuments on a subject lot shall be installed prior to the issuance of a Certificate of Occupancy. The Approving Agencies may waive the markers/post requirement for agricultural areas or other areas where they are determined to be not warranted.

§ 35-11-13.4 Wildlife Corridor Easements.

[Ord. No. 120-12 § VIII]

The Planning Board in its discretion and where applicable may require the dedication of a strip or strips of land, a minimum of 15 feet in width around the interior perimeter of all or portions of a subdivision tract. The purpose and intent of said dedications being the preservation of wildlife corridors consistent with the Township's rural characteristics and agricultural pursuits. Such dedications shall be expressed on the plat as follows: "Wildlife Corridor dedicated to the Township of Millstone."

§ 35-11-13.5 Horse Trail Easements.

[Ord. No. 05-44 § 1]

For the purpose and intent of promoting and developing a horse trail network in the Township, the Planning Board, pursuant to the Township Master Plan or at its discretion and where appropriate, may require the dedication via easement of a strip or strips of land, each a minimum of 15 feet in width, around the perimeter of all or portions of a subdivision or a site plan tract. Such dedications shall be expressed on the subdivision plat or site plan as "Horse Trail Easement dedicated to the Township of Millstone."

All horse trail easements shall be delineated in the field with rigid 4.0 inches by 4.0 inches plastic composite posts at a height of four feet above grade and shall be embedded in concrete. The interior posts shall be marked on two sides with a 3.5 inches by 3.5 inches anodized aluminum marker with a protective coating. The marker shall state "TRAIL" with a Township logo and applicable ordinance number and the signs shall face the trail. The entrance posts of each horse trail easement shall be marked with a 3.5 inches by 28 inches anodized aluminum markers with protective coating. These markers will have Township logo, applicable Ordinance Number and the trail name inscribed on them as approved by the Planning Board consultation with the Open Space and Farmland Preservation Council.

The specific locations of the horse trail markers shall be determined by the Planning Board during the subdivision or site plan review process on a case by case basis in consultation with the Planning Board Engineer and the Open Space and Farmland Preservation Council.

All interior and entrance posts and signs may be purchased from the Township. The location and height of the markers shall be shown on the final approved plans, and the markers themselves shall be items incorporated into the developer's performance bond. The easement delineation shall be installed and completed by the developer and approved by the Township Engineer prior to the issuance of a Certificate of Occupancy.

§ 35-11-13.6 Prohibited Activities.

[Ord. No. 10-12 § VIII]

The following activities are prohibited in any Township easement unless zoning permits and approvals from the appropriate government agencies have been secured; altering stream courses; constructing dams or other obstructions to stream flow; filling in depressions, ponds, wetlands, marshes, and other aquatic features; excavating hills, filling in gullies or ravines, or otherwise altering the topography; cutting trees or removing vegetation; disposing of trash, oils, pesticides, chemicals, or other noxious materials; constructing structures of any kind, whether permanent or temporary; or making any changes to the existing environment within the easement.

With the exception of Township authorized vehicles and farm vehicles associated with an approved farming activity, no motorized vehicles are permitted within Conservation, Horse Trail or Wildlife Corridor Easement.

§ 35-11-13.7 Permits Required.

[Ord. No. 10-12 § VIII]

An Easement Use permit issued by the Code Enforcement Officer is required for any activity proposed in any easement including removal of a dead or hazardous tree, tree trimming or additional plantings. The permit review fee may be waived for a minor activity such as the removal of a hazardous tree. Failure to obtain an Easement Use permit prior to an activity within an easement shall cause issuance of a summons.

§ 35-11-14 LANDSCAPING STANDARDS. [1]

[1] Editor's Note: Prior ordinance history includes portions of Ordinance No. 99-06.

§ 35-11-14.1 Applicability.

[Ord. No. 08-28 § 2]

a. Every applicant for subdivision or site plan approval shall comply with the following minimum standards, except that, with respect to the alternative design concepts set forth below, the applicant may choose between the concepts or present an alternate design equal or superior to the design concepts in terms of quantity of landscaping materials and suitability to the site and to the proposed development.

b. The Planning Board or Zoning Board, as the case may be, may require additional landscaping if necessary to create an appropriate landscaping scheme for the site, given the nature of the site and the proposed development thereof.

c. Where subdivisions only are applied for, the minimum standards shall apply only to street trees and to common open space and areas proposed to be dedicated to the public, except where the site is devoid of trees.

d. Where a site is devoid of existing trees or where the proposed improvements will remove existing trees, the provisions of § 35-11-25.6 shall apply.

§ 35-11-14.2 General Design Principles.

[Ord. No. 08-28 § 2]

Landscape plans shall be prepared by a certified or licensed landscape architect unless a waiver from this requirement is granted by the Planning Board or Zoning Board of Adjustment, as the case may be, for relatively small development proposals. In any case, landscape plans shall conform to the following general design principles:

a. Use landscaping to accent and complement buildings. For example, groupings of trees to break up long buildings.

b. Locate landscaping to provide for climate control. For example, shade trees on the south to shield the hot summer sun and evergreens on the north side for windbreaks.

c. Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms and foliage.

d. Consider soil conditions, anticipated maintenance practices and water availability in the choice of landscaping.

e. Consider the impact of any proposed landscaping plan at various time intervals so that, for example, trees and shrubs are not planted that will not grow or will eventually grow to block sight distances or encroach upon or heave roads or sidewalks, and avoid the planting of exotic species that may be invasive near preservation lands.

f. Preserve existing trees to the greatest extent possible, and specify appropriate and adequate protection of the trees and root zone during construction (see § 35-11-15).

g. Utilize only landscape plants that are typical full specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for quality and installation.

h. Assure that no aspect of the landscape design inhibits access to the development by emergency vehicles.

i. Select plant species that are appropriate for the location specified, including, but not limited to, plant species that are resistant to deer and wildlife foraging, infestation by common diseases and insects, potential for conflict with overhead utility lines, walks or pavements, and climatic exposure.

j. Berming and earthwork shall be designed to avoid disturbance within the designated protected root zone of existing trees to remain.

k. Landscaping and berming shall be designed to avoid conflict with visibility of motorists at intersections and driveways, particularly within areas designated as sight distance or sight triangle zones. Planting or berming that exceeds 18 feet in height and single trunk shade trees with branching below seven feet in height shall be avoided in sight distance or sight triangle areas.

§ 35-11-14.3 Street Trees.

[Ord. No. 08-28 § 2]

Street trees shall be provided along both sides of all streets, existing and newly constructed, and shall be in accordance with the Shade Tree Commission's recommendations for species selection. One of the following street tree planting concepts or an alternative concept shall be used subject to the approval of the Planning Board or Zoning Board, as the case may be:

a. Formal Allee of Street Trees.

1. Shade trees shall be provided within a tree planting easement along both sides of the street to create an allee. Tree species and cultivars that exhibit similar habit or form shall be specified for each street, and the trees shall be planted in groups of three to five trees of the same species, but a mix of at least three different species shall be planted for each allee of approximately 25 to 30 trees.

2. Coordinate new plantings with existing street tree plantings where applicable. A uniform canopy from both sides shall be provided.

3. Use tree species tolerant of road salts and low maintenance.

4. The location of street trees shall be 30 feet to 50 feet on-center, six feet to eight feet from the curbline.

5. Consider the use of double and triple rows of street trees for special emphasis.

6. Trees should be a minimum of three inches in caliper (based upon American Nurserymen Standards). Within sight triangles, a single tree may be permitted only with site-specific approval of the Township Engineer. Such trees, including those at driveways, shall be of such size as will enable them to be immediately pruned up to seven feet branching height upon planting.

7. Street trees shall be a tree form with a single trunk, and shall be pruned free of branches to seven-foot height upon planting.

b. Naturalized Street Tree Planting.

1. Street tree species and cultivars should be varied in size and setback and mixed to achieve an informal pattern and canopy. Tree spacing and setback should vary with a four-foot to fifteen-foot setback from the curb or edge of pavement and tree sizes 2 1/2 inches to four inches in caliper.

2. The total number of street trees shall average one for every 35 linear feet measured at the curbline.

3. Planting design shall accentuate views and integrate contrasting landscape elements.

4. Trees within a sight triangle shall be of such size as will enable them to be pruned up to seven feet branching height upon planting. Planting within a sight triangle must be approved by the Township Engineer.

5. If existing trees are preserved within 10 feet of the right-of-way line, the requirements for street tree planting may be reduced.

c. General Street Tree Requirements.

1. In heavily wooded developments, the Planning Board or Zoning Board, as the case may be, at their sole discretion, may waive some or all of the street tree requirements due to specifications for development and construction practices that will preserve and protect trees along the street frontage in close proximity to the edge of the road.

2. All street trees shall be placed in a proper manner and in good grade of topsoil at the point where the tree is planted in accordance with the requirements of this chapter. Street trees shall not interfere with utilities or sidewalks.

3. A developer shall not be permitted to excavate land or remove trees, shrubs and plant material from a proposed building site and/or tract of land to be subdivided until a landscaping plan has been approved by the Planning Board or Zoning Board, as the case may be, and the final drawings have been approved and signed by the applicable Board.

4. In areas with overhead wires, only trees that exhibit a mature height that will be below the wires shall be specified in order to avoid conflict with the wires or, alternatively, trees shall be set back 25 feet from the wires.

d. Street Tree Easement.

1. Street tree easements shall be furnished to the Township by the developer; said easement shall be an uninterrupted and unobstructed easement under, over and across the easement area, consisting of the right to plant, maintain and/or replace shade trees.

2. The minimum depth of the easement area shall be 20 feet; however, special topographic and/or other conditions may result in the reviewing agency requiring a larger easement area.

3. The maintenance of the shade trees shall be the responsibility of the property owner in accordance with the New Jersey Board of Tree Experts Pruning Standards for Shade Trees, as periodically modified or amended. Copies of such standards shall be made available to any Township resident from the Township's Clerk office upon request.

4. The Township may, but shall not be obligated to, plant, maintain and/or replace said shade trees.

5. The street tree easements shall be shown on the preliminary and final maps.

§ 35-11-14.4 Cul-De-Sacs and Traffic Control Islands.

[Ord. No. 08-28 § 2]

Cul-de-sac and traffic control islands provide an opportunity to create visual interest, soften the harshness of a large paved area, increase groundwater recharge, screen headlight glare into residences and preserve existing vegetation.

a. Cul-De-Sac Islands.

1. All plant material must exhibit a mature height under 30 inches or above seven feet with no more than three trunks in order to allow for proper visibility.

2. All plants shall be tolerant of harsh, dry roadside conditions and de-icing salts.

3. Ground cover plantings shall be consistent with the degree of maintenance expected for the culs-de-sac and be of sufficient density to entirely cover the ground plane.

4. A three-foot wide band of three to five-inch diameter river jack stone shall be installed to a six-inch depth directly behind the curb or edge of pavement.

5. Where there are existing trees in the area of the cul-de-sac island, they should be preserved where feasible, and their roots should be protected during construction. Ground cover and mulch that are appropriate for this situation should be used.

b. Traffic Control Islands.

1. Paved islands are discouraged, with the exception of very small or narrow traffic control islands. Decorative pavement such as cobblestones, pavers or patterned pavement shall be utilized for small or narrow islands.

2. Planted islands shall be designed with a sufficient soil volume (width and length or diameter) to support woody plantings including trees. A minimum of 200 square feet of island area should be provided for each tree.

3. Use a specimen tree of five inches in caliper with low shrub or ground cover planting, or use three or more trees of varying size, two to four inches in caliper, with low shrub or ground cover and gentle berming.

4. All plants shall be tolerant of harsh, dry roadside conditions and de-icing salts.

§ 35-11-14.5 Stormwater Management Areas.

[Ord. No. 08-28 § 2]

Stormwater management areas include retention, infiltration and detention basins, drainage ditches, swales, and rain gardens. Sensitively designed basins and swales can benefit the health, welfare and safety of the community in an aesthetic and environmentally beneficial scheme. This may involve integration of these areas as aesthetic landscape features, naturalized rain garden areas or passive recreation areas in addition to their stormwater management function.

a. Stormwater Detention Areas. One of the following landscape concepts for stormwater detention areas or an alternative concept complying with the standards set forth above shall be used:

1. Afforestation. This landscaped treatment is appropriate for detention basins and drainage areas that are adjacent to areas of mature woodlands, greenbelt or wetlands. It establishes the area as a revegetated, stable, low-maintenance, natural landscape.

(a) The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle benning. Linear, geometric basins are not acceptable.

(b) The quantity of trees to be planted on the interior of the basins shall be equal to one tree for every 400 square feet. The quantity of trees shall be divided as follows: 10% shall be planted at a size of three inches in caliper, 20% shall be one to two inches in caliper and 70% shall be six to eight-foot height whips.

(c) The trees shall be planted in groves and spaced five feet to 15 feet on-center.

(d) The ground plane shall be seeded with a naturalization, wildflower and/or meadow grass mix appropriate for the anticipated conditions.

(e) All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

(f) Planting shall not be located within 20 feet of stormwater structures to allow for maintenance.

(g) The perimeter area (slopes above the high water line) shall include trees (approximately 80 per 1,000 linear feet), evergreen trees (approximately 40 per 1,000 linear feet), and flowering trees and shrubs screening drainage structures and creating visual interests.

(h) An access route for emergencies and general maintenance of the basins shall be provided, shall be indicated on the plans and shall be reviewed by the Township Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

(i) Plantings are not permitted upon any dikes or within the emergency spillway associated with a detention basin unless approved by the Township Engineer.

(j) All stormwater basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

2. Recreation/Open Space Feature. This landscape concept is appropriate in situations where a basin is part of an open space area or is adjacent to existing recreational open space. It also is appropriate for smaller, highly visible basins where a visually pleasing open area is desired. The objective in these situations is to integrate the basin into the landscape using graded topography and plantings in order to complement the function of the open space area and to provide a visually interesting landscape feature and/or recreation space.

(a) The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming.

(b) Provide perimeter plantings, including formally or informally planted shade trees, evergreen trees to create and screen views, and small trees and shrubs to provide a continuous landscape strip screening drainage structures and creating visual interest.

(c) Integrate buffer plantings with perimeter plantings where applicable.

(d) The following are minimum standards for plant quantities and sizes:

Shade trees	2 inch caliper at 50 per 1,000 linear feet;
Evergreen trees	6-foot height at 30 per 1,000 linear feet;
Understory trees	2 inch caliper or 8-foot height at 5 per 1,000 linear feet; and
Shrubs	As appropriate to screen views of drainage structures.

(e) All stormwater basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting.

b. Stormwater Retention Areas or Infiltration Ponds. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes, ravines or rain gardens.

1. Water fountains/features are encouraged in the design of research/office/manufacturing developments.

2. The water's edge shall be stabilized with herbaceous plantings on a planting shelf and with shrubs or with a structural edge that is acceptable to the Planning Board or Zoning Board, as the case may be.

3. The planting of the perimeter of the feature shall accentuate views and interest and integrate pedestrian paths, sitting areas and other uses.

4. The seeding or planting within infiltration basins shall be specified relative to the soil condition and to aesthetically treat the edge and field of the infiltration beds.

5. Perimeter landscape plantings shall include formal or informally-massed deciduous and evergreen trees and shrubs to screen and frame views with flowering trees, shrubs and grasses used for visual interest or special effects. A continuous landscape area shall be provided. The perimeter planting quantities specified for recreation detention bases noted above shall be used as a guide for this type of stormwater area.

6. All stormwater basin structures shall be designed to blend into the landscape in terms of construction materials, facing materials, color, grading and planting.

§ 35-11-14.6 Open Space.

[Ord. #08-28 § 2]

As a landscape feature and asset, open space is encouraged in all developments. The objectives of the landscape treatment of open space are to provide the opportunity and space for active and passive recreation, to protect and enhance the Township's natural amenities, such as wooded areas, water bodies, streams and greenways, and to reinforce the rural image of the community. All open space areas shall be designated as one of two types: preservation or recreation open space, as follows:

a. Preservation Open Space. This treatment is appropriate in areas adjacent to and/or inclusive of natural amenities to be preserved, such as wooded areas, water bodies, streams, wetlands, wetland buffers, conservation areas and greenways, as well as undevelopable areas. The following standards shall apply:

1. Allocate open space to preserve existing woodland during site planning and provide pedestrian walkways, trails and bridges to connect to open space on adjacent tracts of land where deemed appropriate by the reviewing Board.

2. Open space areas shall be afforested at a rate of one tree for every 400 square feet of space at a mix of sizes equal to 10% at three-inch caliper, 20% at two-inch caliper and 70% at six-foot height.

3. The ground plane shall be seeded with a naturalization wildflower and/or meadow grass mix specified on the landscape plan.

b. Recreational Open Space. Recreational open space includes lands provided for active recreation and passive recreation and as additions to park lands to be developed in association with the subdivision or site development construction. It can take on many forms, from a tot lot or tennis and swimming complex in a residential development to an English landscape garden in an office development or a farmstead in a mixed use development. The landscape treatment of these areas shall address safety, visual interest, microclimate and use. The following standards shall apply:

1. The proposed use of all open space areas shall be indicated, and provisions for appropriate active and passive recreation facilities shall be addressed relative to the use of the property.

2. Open space in commercial, office or manufacturing developments shall include sitting and outdoor eating areas. Retail centers shall provide spaces along the storefront promenade or at comers and edges.

3. Grading and plantings of the recreation area shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views, and flowering trees and shrub masses for visual variety, interest and detail.

4. Plants shall be provided in a mix of sizes with shade trees averaging three inches in caliper, flowering and evergreen trees averaging six feet in height, and shrubs 24 inches to 36 inches in height.

5. For office, commercial or manufacturing buildings with a floor area greater than 10,000 square feet, large sized trees shall be provided near the building perimeter and within 75 feet to provide buffering, visual relief and scale. The quantity of trees shall be equal to the quantity necessary to provide trees 50 feet on-center around the general perimeter of the building.

(a) The tree size shall be based upon the height of the building as follows:

Building Stories	Tree Size (caliper)
1 to 2	3 inches
3	4 inches
4+	5 inches

(b) These trees shall be located in a manner consistent with architectural and site design and shall provide maximum impact upon views from public roads and entrance drives. Preserved or relocated existing vegetation may be utilized to meet this requirement.

6. Plants shall be provided within the open space area at the following rate; these quantities do not include plants necessary to achieve buffering or screening or plants required to achieve conformance with other code standards.

Type of Plant	Number Per Acre
Shade trees	15
Evergreen trees	5
Understory trees	3

7. All plants shall be tolerant of specific site conditions. The use of indigenous species is encouraged and may be required by the Planning Board or Zoning Board, as the case may be.

8. Improvements for residential recreation open space areas shall be provided as required in § 35-4-15.3 of this chapter. Additional suggested improvements include an open lawn area for open field play, pedestrian pathways, picnic areas and benches.

9. Adjacent residences shall be partially screened from play areas using berms and plantings.

10. If a recreation facility fronts upon a roadway, a post and rail fence or other protective measures may be integrated to provide protection and separation. The adjacent street tree planting shall be continued along this area, and any reverse frontage buffer planting shall be integrated with open space planting.

11. All open space should be located centrally within a development. In large developments, several smaller facilities may be appropriate.

12. Pedestrian easements shall be provided between lots, with connections to open space areas in another development and/or to a public facility.

§ 35-11-14.7 Buffers.

[Ord. No. 08-28 § 2]

Landscaping or planted buffers are areas provided to minimize and screen any adverse impacts or nuisances on a site and/or from any adjacent area. The landscape architectural design may include planting, earth berms, fencing or walls provided as necessary to visually soften or screen nuisance elements and to enhance views. The following standards are provided for particular types of landscape buffers. The designer and the Planning Board or Zoning Board, as the case may be, shall consider the dimension of the landscape buffer, the existing vegetation to be preserved, and the topography along with the intensity of uses relative to these standards to determine the appropriate type of landscape design. The Planning Board or Zoning Board, as the case may be, may require a more or less significant landscape buffer if appropriate in order to protect the health, safety and welfare of adjacent residences or a nearby a residential zoning district.

a. Nuisance Buffers. These buffers shall be provided between an existing residential zone or use and an area zoned or proposed for a higher intensity residential use or a nonresidential use. The following landscape treatment shall be provided to assure complete visual screening at ground level:

1. A planted buffer area shall be provided.

2. Preserve existing trees within the provided landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with fencing and/or understory plantings of shade-tolerant coniferous and flowering trees as well as shrubs in naturalistic groupings to provide a complete visual screen.

3. Areas void of existing vegetation shall receive landscape treatment, including berming and planting consisting of groupings of predominantly evergreen trees with deciduous and flowering trees and shrubs for visual interest and variety.

4. Berming shall be a minimum of four feet to eight feet in height, averaging a six-foot height and shall meander in a naturalistic manner without adversely affecting natural drainage. Increased berm height shall be employed at the discretion of the Planning Board or Zoning Board, as the case may be, to screen between uses that are in close proximity, exhibit multiple stories, or create an extraordinary nuisance.

5. Planting shall consist of evergreen trees a minimum of eight feet in height and planted 10 feet on-center, shade trees three inches in caliper, understory trees at six feet in height, and shrubs two feet in height. The landscape shall be planted in naturalistic and massed groupings of mixed plant sizes. However, increased plant sizes may be required, at the discretion of the Planning Board or Zoning Board, as the case may be, in order to provide an adequate buffer between uses, as determined by section drawings depicting the adjacent uses and the nature of the proposed buffer at the time of development.

b. Reverse Frontage Buffers.

1. Reverse frontage screening shall be required where residential units and/or lots back onto any street. The following landscape treatments shall be provided in order to screen private residential spaces from the roadway:

(a) Provide a continuous landscape and sidewalk easement or open space strip of not less than 50 feet in width dedicated as a "landscape buffer."

(b) Preserve existing trees within the provided landscape buffer area. Supplement understory with fencing and/or shade-tolerant naturalistic massed plantings of evergreen and flowering trees in order to complete screening of residences. Meander sidewalk into new plantings and, as necessary, to preserve existing trees.

2. In areas void of existing vegetation, the following standards shall apply:

(a) Vertically and horizontally meandering berms shall be incorporated to achieve a natural rolling park-like landscape. Berms shall range in height from three to three feet 10 feet, averaging five feet.

(b) Berms shall overlap where drainage swales are required for drainage through the buffer area.

(c) Sidewalk space shall meander through, around and over the berms and plantings where possible. Such sidewalks shall not exceed a maximum pitch of one inch in 20 inches (vertical rise or change in grade to horizontal run or distance).

(d) Between reverse frontage culs-de-sac and other appropriate locations, the landscape/sidewalk and pedestrian easements depth shall be increased to allow pedestrian space to expand into berms and plantings for added interest and safety. Pedestrian access easements shall be integrated into this space.

(e) To reduce berming and create a sense of entry, berms at local road intersections may terminate at the side of the homes. The houses shall then face the reverse fronted road at a 45° angle.

(f) The berm shall be continuously planted with masses and groupings of evergreen trees, shade and flowering trees, and shrubs, The design shall maximize screening of residences and de-emphasize the linearity of the roadway. The following quantities shall be provided:

Type of Tree or Shrub	Quantity Per 1,000 Linear Feet
Street trees	20
Shade trees	50
Evergreen trees	55
Flowering trees	10
Shrubs	50

(g) Plants shall be provided in a mix of sizes with the minimum size for shade trees at two inches in caliper, evergreen trees at six feet in height, flowering trees at six feet in height, and shrubs 24 inches in height.

(h) The ground plane shall be primarily lawn, with mulch planting beds for massed shrubs or evergreen trees clearly indicated.

3. Whenever a reverse frontage buffer is required, the applicant shall convey a deed of easement for the planted buffer area to the Township.

(a) The easement shall prohibit the owner of the fee interest from erecting any structures (such as tool sheds, pools, fences or play equipment), storing or composting of organic or inorganic materials or removing any of the original materials within the easement area.

(b) The owner of the fee interest shall be responsible for the maintenance of the plant material and buffer area.

(c) A note shall be added to the final plat clearly referring to the provisions of the easement mentioned herein. The easement area shall be monumented in the field, as required by the Township Engineer, and a note to this effect shall be included on the final map.

(d) All deeds for reverse frontage lots shall incorporate appropriate restrictions, subject to the review and approval of the Planning Board or Zoning Board Attorney, as the case may be, preventing removal of berms and buffer plantings, both within and outside such landscape easements.

c. Filtered Buffers.

1. Filtered screening shall be required around the perimeter of parking areas and where interior roads run parallel with other roads, parking areas, or the perimeter of a site in order to screen unsafe distractions and avoid confusion. The following standards shall apply:

(a) Provide landscape buffer area of 25 feet in width.

(b) Preserve existing trees within the landscape buffer area. If existing vegetation is insufficient, the landscape strip shall be supplemented with new understory plantings of shade-tolerant coniferous and flowering trees in naturalistic groupings.

2. In areas void of existing vegetation, the following standards shall apply:

(a) Provide gentle berming with masses and groupings of evergreen, shade and flowering trees, and shrubs. The planting shall be predominantly mixed varieties of shade trees and evergreen shrubs. View of parked cars shall be buffered. Shrubs used to screen headlight glare shall be spaced a minimum of two feet on-center as a double row.

(b) The landscape design shall provide shade for parking areas, with evergreen and flowering trees or shrubs to screen nuisances and emphasize appropriate views.

(c) The landscape should be designed to enhance views of signs along the street.

(d) If a twenty-five-foot landscape strip cannot be provided, then a row of evergreen trees, shrubs or a combination of a low wall and berm with plantings may be required by the Planning Board or Zoning Board, as the case may be.

(e) Minimum plant sizes shall be three inches in caliper for shade trees, six feet in height for evergreen and flowering trees, and two feet in height for shrubs.

d. Windbreak/Heavy Screening. Windbreak screening shall be required where necessary to provide windbreak or to stop windborne debris from leaving a site. This type of screening may also be required in undersized buffer areas or around outdoor storage facilities. The following standards shall apply:

1. Provide a landscape strip consisting of a double staggered row of evergreen trees planted eight feet in height and spaced to be touching at the time of planting.

2. If a landscape buffer area is less than 10 feet wide and/or windborne debris is produced, then a fence or screen wall may be required in addition to planting. Walls or screens shall include a gate constructed of durable materials; wooden framed gates will not be considered durable.

3. All outdoor storage facilities including solid waste and recycling dumpsters or cans shall be screened with a landscape strip. If the strip is less than 10 feet wide, a wall or fence a minimum six feet in height and constructed of materials that match the buildings shall be required in addition to plantings to enhance the screen.

§ 35-11-14.8 Parking and Loading Areas.

[Ord. No. 08-28 § 2]

The objectives of the landscape architectural treatment of all parking and loading areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for buffering along public rights-of-way, to soften the overall visual impact of parking lots and loading areas while, at the same time, providing shade and reducing heat impacts.

a. Parking areas shall provide islands at the ends of all parking rows or bays. These islands shall be a minimum of nine feet in width, including the curb width.

b. Large parking lots shall be subdivided into modules of 80 contiguous stalls with individual rows not exceeding 20 continuous stalls. Separation of modules should be achieved by a landscape buffer strip area at least 10 feet in width. Integrating pedestrian circulation and/or stormwater quality swales into these strips is permitted, but the minimum width shall be 15 feet to enable the planting of trees.

1. Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," the requirements respecting a maximum of 20 continuous parking stalls and separation of modules by a landscape buffer strip shall not apply.

[Added 3-18-2020 by Ord. No. 20-06]

c. Trees within the parking areas for 10 or more vehicles shall be provided at a minimum rate of one tree for every 20 parking stalls. Preservation of existing trees greater than five inches in caliper is encouraged to meet this requirement. Nuisance or windbreak buffer planting shall not be considered to achieve conformance with this requirement, but filtered buffer planting that will cast shade into the parking surface may be approved.

d. Any parking area or loading area in a front yard or within clear view from the public right-of-way or for a residential zoning district shall be buffered by a landscape planting area.

e. Parking areas shall be separated from interior drives using evergreen, deciduous/flowering trees and shrubs to create a continuous landscape strip at least 10 feet in width. Consider integration of pedestrian walkways within these strips. If walks or stormwater swales are incorporated into these islands, the minimum width shall be 15 feet.

f. Parking deck structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground-level cars from public rights-of-way and buildings. Planting around the parking deck shall be concentrated to provide some shade to the upper level of parking.

g. Plant sizes shall be a minimum 2 1/2 inches to three inches in caliper for shade trees, five feet in height for evergreen and flowering trees, and two feet in height or spread for shrubs. Trees shall have no branches less than six feet above ground and shall be located so as not to interfere with driver vision at street or driveway intersections.

h. Parking lot lighting shall be sited within landscape islands. Trees shall be positioned to not hinder safe lighting coverage.

i. Pedestrian and vehicular conflicts within and through the parking area shall be minimized through design; where such conflicts may exist, they shall be clearly indicated by change of paving and/or planting design. Walks on landscape islands shall be aligned with building entrances. Building entrance islands should include an upright tree to provide a visual clue to the pedestrian route.

§ 35-11-14.9 Pedestrian Spaces.

[Ord. No. 08-28 § 2]

The objectives of landscape architectural treatment of pedestrian access shall be to promote free and safe movement of pedestrians and bicycles into, in between, and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

a. Pedestrian and bicycle access shall be provided from public roadways, parking lots, and adjacent land uses to all new uses, unless such connection is determined to be inappropriate by the reviewing Board.

b. The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require long straight walkways. The views of the pedestrian shall be visually interesting, including varied planting, site furnishings, landscape art, and natural features.

c. Plantings along pathways shall provide shade, orientation and views.

d. Provide benches and sitting areas along pathways where appropriate and particularly where they can promote appropriate social gathering and incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project.

e. All walkways shall have an unobstructed minimum width of four feet to five feet for pedestrians and a minimum eight-foot width for pedestrians and bicycles and shall be appropriately paved. These standards do not apply to sidewalks along streets or within parks.

f. Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between residential or commercial lots with a paved walkway may be required.

g. Pedestrian bridges over streams, ravines or drainage swales are encouraged and shall be required when necessary to make connections between or within planned pedestrian systems.

h. Other pedestrian amenities, such as kiosks or bulletin boards, drinking fountains, benches, trash and recycling receptacles, decorative fountains or pools, pedestrian scale lighting, and gazebos, shall be provided where appropriate to support the proposed use and activities on the site.

i. Bicycle parking for each building shall be provided, based upon projected bicycle traffic.

j. Building entrances, plazas, exterior malls and nodes shall receive detailed pedestrian scale landscape architectural treatments. Plantings shall include shade trees, evergreen and flowering trees, and shrubs. The planting design shall provide visual, seasonal variety and interest, spatial enclosure and/or separation from parking areas and buffering of sun and wind. Sitting areas with benches or seat walls shall be provided at building entrances and pedestrian nodes or plazas.

§ 35-11-14.10 Historic and Natural Resources.

[Ord. No. 08-28 § 2]

The objectives of landscape architectural treatment of sites inclusive of historic and natural resources shall be to preserve and enhance such amenities for present and future residents. Historic resources and natural amenities are areas of unique landscape character. This may include, but is not limited to, bodies of water, streams, wetlands, windbreaks, groves of trees, mature trees, hedgerows, orchards, unique vistas, farmsteads, villages and historic structures and landmarks. Land developments in the Township shall be designed to preserve and utilize these amenities as features. The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance. The following standards shall apply:

a. Utilize the uniqueness of the existing bodies of water, groves of trees, hedgerows, historic structures and landmarks and farmsteads within the site plan as features.

b. Respect the historic value and character of the villages which exist in the Township. Development within these areas shall conserve and/or reflect their individual style, character or period.

c. Provide landscaping integrated with existing vegetation and consistent with the historic landscape themes or period.

d. When appropriate, the provision of historical markers or displays in coordination/agreement with a historical society shall be required.

§ 35-11-14.11 Landscape Maintenance.

[Ord. No. 08-28 § 2]

a. A landscape management/maintenance specification shall be provided in conjunction with all approved subdivisions and/or site plans as to street trees, common open space, and areas to be dedicated to Millstone Township or that will be managed by an association.

b. These maintenance documents shall provide specifications for perpetual maintenance in order to assure a safe and attractive landscape environment and to promote healthy growth of all plant materials. The maintenance documents may take the form of a monthly schedule or a series of specifications on the landscape plans, or as a separate document, and shall include the following items:

1. Periodic Inspection.

2. Debris and Weed Control.

3. Landscape Irrigation.

4. Mulching.

5. Seasonal Planting Replenishment.

6. Mowing.

7. Pruning.

8. Plant Fertilizer and Soil Amendments.

9. Insect and Disease Control.

10. Landscape Renovation.

11. Paved Surfaces.

c. An automatic irrigation system shall be required for commercial and higher density residential development projects. Irrigation systems must be designed by a certified irrigation designer. Employment of water conservation measures, xeriscape and hose bibs to water remote isolated portions of the landscape shall be considered.

§ 35-11-14.12 Installation and Inspection of Landscaping.

[Ord. No. 08-28 § 2]

The following installation and performance and inspection principles and procedures should be applied to all landscape installations and shall be noted on all landscape plans:

a. Prior to the issuance of any Certificate of Occupancy, the proposed landscape as shown on the approved landscape plan must be installed, inspected, and approved by Township Inspectors. The Township Inspector shall take into account seasonal considerations in this regard as follows:

1. The planting of trees, shrubs, vines, or ground cover as required by or associated with a subdivision or site plan approval by the Planning Board or Zoning Board, as the case may be, shall be installed during the following fall and spring planting seasons:

Planting Season	Dates	Item
Fall	Sept. 15 to Dec. 30	Evergreen plants
	Oct. 15 to Dec. 30	Deciduous plants
Spring	Mar. 1 to May 30	All plants

2. Any plantings installed in conflict with this requirement may be rejected as part of performance guarantee release.

b. All plantings shall be made in a manner consistent with the instructions and graphics set forth in the landscape plan planting details and specifications and in accordance with appropriate current industry standards.

c. Prior to the release of performance or maintenance guarantees, all specified landscape improvements must be in place. Plantings must be alive and thriving. Dead, declining or missing landscape plantings must be replaced with the same type or species of plant originally specified or an alternative type or species determined to be equal by the Township Inspector or other such authorized person.

d. Bare root whips or sapling trees, which are less than two-inch caliper at planting and which are planted as part of a naturalization design shall be considered acceptable if a minimum of 50% of the total quantity of plants are alive and thriving. Trees that have regenerated from the roots shall be considered alive and thriving for this analysis. If less than 50%, of the whips or saplings are alive and thriving then replacement planting to full quantity specified shall be required.

§ 35-11-15 EXCAVATIONS AND FILLS (GRADING PLAN).

[Ord. No. 13-09 § 1]

§ 35-11-15.1 Cut and Fill Slopes.

Cut and fill slopes in soil should not be steeper than 3:1. In a rock cut, the slope should not be steeper than 1-1/2:1. Slopes steeper than 3:1 in soil shall be confined by a retaining wall, cribbing or other acceptable method. Terracing is permitted.

§ 35-11-15.2 Minimizing Surface Water from Damaging Slopes and Embankments.

Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. "Cut-off" ditches may be utilized for this purpose.

§ 35-11-15.3 Top of Cuts.

The top of a cut of the bottom of a fill section shall not be closer than five feet to an adjoining property.

§ 35-11-15.4 Fill Placement and Compaction.

Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

§ 35-11-15.5 Fill Encroachment.

Fill shall not encroach on natural watercourses, floodways or constructed channels unless otherwise approved.

§ 35-11-15.6 Protection Against Erosion Required,

Fills placed adjacent to a natural watercourse of constructed channel shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.

§ 35-11-15.7 Grading.

Grading shall not be done in such a way so as to divert water into the property of another landowner without the expressed consent of the other landowner and the Planning Board.

§ 35-11-15.8 Dust Control.

During grading operations, methods for dust control will be exercised.

§ 35-11-15.9 Stabilization During Construction.

During construction, slopes and embankments shall be stabilized by mulching with straw sprayed with asphalt mixture, or jute matting staked in position, or with a seeding of annual rye grass, or other acceptable method.

§ 35-11-15.10 Cover of Slopes and Embankments After Construction.

Upon completion of construction permanent cover of slopes and embankments shall be made of sod or a seeding of perennial rye grass, alfa fescue or creeping red fescue; or a planting of a ground cover such as: English Ivy, Myrtle, Hall's Japanese Honeysuckle, creeping red juniper, Virginia Creeper, Memorial Rose or Crown Vetch.

§ 35-11-15.11 Channels, Swales, Ditches or Watercourses.

Any improved or newly constructed channel, swale, ditch, or watercourse whose flow exceeds a velocity of five feet per second based on a twenty-five-year storm frequency shall be protected by a concrete lining, rip-rap, or other suitable material. Calculations shall be submitted along with the soil erosion and sedimentation control plan showing the criteria used to determine the runoff and flow characteristics based on a fully developed area upstream.

§ 35-11-15.12 Preservation of Existing Natural Features.

Natural features such as trees, brooks, hilltops and vistas shall be preserved wherever possible in the design, layout, grading and construction of any subdivision.

§ 35-11-15.13 On-Site Cut and Fill Volumes.

To the greatest extent possible, site plans and subdivisions should be designed to balance on-site cut and fill volumes.

§ 35-11-15.14 Removal of Excess Soil or Importing of New Soil.

Removal of excess soil or importing of new soil to any property is also bound by the Provisions of Chapter 23, "Soil Removal and Import," of the Revised General Ordinances of the Township of Millstone which may require a separate permit.

§ 35-11-16 SOIL EROSION AND SEDIMENTATION CONTROL.

Measures used to control erosion and reduced sedimentation shall as a minimum meet the standards, specifications and recommendations of the Freehold Soil Conservation District and the Township of Millstone. The following measures shall be included where applicable in the soil erosion and sedimentation control plan.

§ 35-11-16.1 Stripping Vegetation or Regrading.

Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion.

§ 35-11-16.2 Preservation of Salient Natural Features.

Development shall preserve salient natural features, keeping outfill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

§ 35-11-16.3 Natural Vegetation.

Whenever feasible, natural vegetation shall be retained, protected, and supplemented. Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns and dwellings and other authorized structures.

§ 35-11-16.4 Disturbance Areas.

The disturbed area and the duration of exposure shall be kept to a practical minimum.

§ 35-11-16.5 Stabilization of Disturbed Soils.

Disturbed soils shall be stabilized as quickly as practicable.

§ 35-11-16.6 Protection of Critical Area.

Temporary vegetation or mulching shall be used to protect exposed critical areas during development.

§ 35-11-16.7 Erosion Control Measures.

The permanent (final) vegetation and mechanical erosion control measurers shall be installed as soon as practical in the development.

§ 35-11-16.8 Accommodation of Increased Runoff.

Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary the rate of surface water runoff will be mechanically retarded.

§ 35-11-16.9 Sedimentation.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.

§ 35-11-16.10 Removal of Sedimentation.

Whenever sedimentation is caused by stripping vegetation regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses; and to repair any damage at his expense as quickly as possible.

§ 35-11-16.11 Maintenance of Drainage Systems.

Maintenance of all drainage facilities and watercourses within any major subdivision is the responsibility of the developer until they are accepted by the Township of Millstone or other approving agency.

§ 35-11-16.12 Protection of Streams and Watercourses.

It is the responsibility of any person doing any act on or across a communal stream, watercourse, swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed.

§ 35-11-16.13 Drainage Facilities on Private Property.

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

§ 35-11-16.14 Blocking or Impeding Flow.

No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood in any communal stream or watercourse without having obtained prior approval from the Township of Millstone and the New Jersey Department of Environmental Protection, Division of Water Resources.

§ 35-11-16.15 Rights-of-Way and Easements.

Rights-of-way or easements, having a minimum width of 20 feet shall be provided for all drainage facilities and watercourses which are proposed for acceptance by the Township of Millstone or other official agency.

§ 35-11-16.16 Surface Changes.

Each person who makes any surface changes shall be required to:

a. Collect on site surface runoff, and dispose of it into the common natural watercourse of the drainage area.

b. Handle existing offtract runoff through his development by designing to adequately handle storm runoff from a fully developed area upstream.

§ 35-11-17 MONUMENTS.

Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9,11(8). All lot corners shall be marked with a metal alloy pin of permanent character.

§ 35-11-18 TOPSOIL PROTECTION.

§ 35-11-18.1 Removal of Topsoil.

[Ord. No. 01-15 § III]

No topsoil shall be removed from areas intended for lawns, landscaping, open space or other areas where natural ground cover is proposed. Every development must take steps to protect topsoil from erosion, removal, or relocation, in accordance with standards of the Freehold Soils Conservation District and these provisions.

§ 35-11-18.2 Storage of Topsoil.

[Ord. No. 01-15 § III]

Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the standards of the Freehold Soils Conservation District, as amended, and subsequently redistributed to lawns, landscaping, open space, or other areas where natural ground cover is required.

§ 35-11-18.3 Redistribution of Topsoil.

[Ord. No. 01-15 § III]

Topsoil moved during the course of construction shall be redistributed to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this section of the Chapter will be considered as being complied with.

§ 35-11-18.4 Topsoil Removal.

[Ord. No. 01-15 § III]

No topsoil shall be removed from the site or used as spoil unless topsoil is remaining after all improvements have been installed in accordance with an approved site plan or subdivision map and has been redistributed in accordance with this section.

a. Removal from the site is also bound by the provisions of Chapter 23, Soil Removal, of the General Ordinances of the Township of Millstone.

b. Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of Article 4.

c. At least 48 hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the Township Engineer and Construction Official.

§ 35-11-18.5 Importing Topsoil.

[Ord. No. 01-15 § 3; Ord. No. 13-09 § 2]

No topsoil shall be imported to any site until the following requirements are met.

a. At least 48 hours prior to importing any topsoil, the developer shall cause notice of the intent to import topsoil to be given to the Township Engineer and Construction Official.

b. Soil removal and import permit has been secured pursuant to Chapter 23, "Soil Removal and Import," of the Revised General Ordinances of the Township of Millstone, if required.

c. Topsoil shall meet the requirements of Article 2, Definitions, "replacement topsoil" resulting in a six-inch minimum thickness.

d. Prior to import of any replacement topsoil onto a site, the developer shall provide a certification to the Township Engineer from an independent soils testing laboratory that the replacement topsoil meets the requirements of the Millstone Township ordinance for replacement topsoil. Said certification shall be issued by an AASHTO-accredited laboratory. The Township, at the applicant's expense from the posted escrow account, shall have the right to undertake in-place testing of any replacement topsoil to ensure conformance to the topsoil requirements of the Millstone Township Ordinance.

§ 35-11-19 STREET LIGHTING.

[Ord. No. 01-29 § I]

a. Streetlighting of a type supplied by the utility and of a type and number approved by the Township Engineer shall be provided for all street intersections and along all arterial collector and primary local streets and anywhere else deemed necessary by the Planning Board. Wherever this chapter requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for streetlighting.

b. Streetlights shall be installed and operational 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.

c. 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.

§ 35-11-20 NATURAL FEATURES.

§ 35-11-20.1 Preservation of Natural Features.

Natural features such as trees, hill tops and views, natural terrain and natural drainage lines, shall be preserved whenever possible in designing any subdivision containing such features. Open water shall be recognized as community assets.

§ 35-11-20.2 Trees and Shrubs.

A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on a site. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development.

§ 35-11-20.3 Performance Guarantees.

Performance guarantees may be required to complete improvements to lands to be deeded to the Township.

§ 35-11-21 LOT CONFIGURATION.

§ 35-11-21.1 Compliance with Zoning District.

Lot dimensions and area shall not be less than the requirements of the zoning district.

§ 35-11-21.2 Side Lot Lines.

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

§ 35-11-21.3 Frontage on Streets.

Each lot must front upon an approved public street with a right-of-way of at least 50 feet in width.

§ 35-11-21.4 Extra Widths and Street Lines.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.

§ 35-11-21.5 Suitability of Lots.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter same in the minutes.

§ 35-11-22 WATER SUPPLY.

[Amended 5-20-2020 by Ord. No. 20-13]

§ 35-11-22.1 Water, Wells, Sewage Disposal Facilities.

Water shall be furnished by the subdivider on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of 40 feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended. The well will be required to have a production of not less than six gallons per minute as established by bailor tests, and certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solutions and a sample collected by a local or State Health Department representative for bacteriological examination. A copy of the result of the above referred to bailor tests and bacteriological examination and a certificate from the local or State Health Officer that the owner has complied with the applicable local or state health regulations shall be submitted to the Township before the issuance of building permits in connection with each individual lot in the subdivision.

§ 35-11-23 SANITARY SEWERS AND SEPTIC SYSTEMS.

[Ord. No. 01-15, § IV; amended 5-20-2020 by Ord. No. 20-13]

§ 35-11-23.1 Collection Systems and On-Lot Septic Systems.

Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Health Department, or Township ordinances enforced by the Monmouth County Board of Health, whichever is more restrictive, and shall be subject to approval by the Monmouth County Board of Health.

§ 35-11-23.2 Individual Subsurface Sewage Disposal Systems.

a. When individual subsurface sewage disposal systems are proposed, the applicant for a major site plan or major subdivision shall submit with its application of development, percolation and/or permeability tests and soil logs demonstrating the ability for the soil to accommodate the proposed system of sewage disposal. Tests shall be performed for each building lot for the areas of the tract to be developed as required by the Monmouth County appointed Health Officer. The development application shall be accompanied with a certification by the Monmouth County appointed Health Officer indicating that the tests were witnessed and that the results support the proposal to install subsurface sewage disposal systems at the site.

b. If the test results do not show convincing proof of the ability for the soil to absorb sewage, the Planning Board may require additional site testing, modification of the applicant’s development application, or may reject the plan as proposed by the applicant.

§ 35-11-24 STEEP SLOPE BUFFER REQUIREMENTS.

§ 35-11-24.1 Slope Areas in Excess of Five Vertical Feet in Height and 15% Or Greater.

[Ord. No. 98-28 § I; Ord. No. 00-26 § XII; Ord. No. 10-12 § IX; 3-18-2020 by Ord. No. 20-06]

Any property which contains slope areas in excess of five vertical feet in height and 15% or greater, (hereafter "steep slopes"), shall comply with the provisions set forth below. Notwithstanding the provisions hereof, all development applications must observe § 35-4-4.7, "Lot Area Requirements" and § 35-9-5, "Environmental Constraints on Development on Steep Slopes, Floodplains and Poorly Drained Soils."

a. Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," the requirements of § 35-11-24 shall not be applicable.

[Added 3-18-2020 by Ord. No. 20-06]

§ 35-11-24.2 Buffer Areas to Minimize Adverse Impacts.

[Ord. No. 98-28 § I; Ord. No. 00-16 § XII; Ord. No. 00-26 § XII]

The governing body finds that residential housing unit owners have experienced difficulty with maintaining steep slope areas adjacent to their homes, particularly where such steep slope areas are not naturally occurring and/or have recently been disturbed, thereby increasing the likelihood of erosion in periods of moderate or heavy rainfall. The purpose of these regulations is to create an adequate buffer area to minimize the adverse impact upon the homeowner of any inundation of eroded soil.

§ 35-11-24.3 Design Standards.

[Ord. No. 98-28 § I; Ord. No. 00-26 § XII; Ord. No. 10-12 § IX]

Existing and proposed lots with steep slopes shall be subject to the provisions of §§ 35-4-4.7 and 35-9-5 and the following design standards:

a. Existing, wooded and well stabilized slopes:

1. Steep slopes shall not be disturbed and shall be contained in conservation easements.

2. A slope buffer area of 50 feet shall be provided at the top and bottom of a steep slope area. The slope buffer area shall be contained in a conservation easement (See Diagram A)[1]

[1] Editor's Note: Diagrams A and B may be found at the end of this subsection.

b. Previously disturbed, eroded and/or poorly stabilized steep slopes in excess of five vertical feet:

1. The steep slope area may be required by the approving Township agencies to be filled with compacted clean fill to a maximum slope of 25% and restabilization of the slope as described.

2. Stabilization of the steep slope area through application of topsoil, fertilization, seeding, ground cover and tree planting to promote reforestation based upon a reforestation plan approved by the Approval Board.

3. A slope buffer area of 50 feet shall be provided at the top and bottom of all steep slopes. If the slope is in excess of 25%, the lower slope buffer shall be measured from a downward line at an angle of 25% extended to intercept the existing grade; the area between the intersected existing grade and the existing top of slope shall comprise the buffer area, however, in no case shall the slope buffer be less than 50 feet. (See Diagram B)

4. If retaining walls are used to stabilize existing steep slopes, all buffer area measurements will be calculated as if retaining walls were not used. Retaining walls of four feet or greater shall be permitted only if their design is prepared and certified by a professional engineer licensed in New Jersey.

5. Steep slopes and steep slope buffer areas shall be contained in conservation easements.

DIAGRAM A

CONSERVATION AREA

DIAGRAM B

CONSERVATION AREA

§ 35-11-24.4 Maintenance as Open Space.

[Ord. No. 98-28, § I; Ord. No. 99-13, § I; Ord. No. 00-26 § XII]

Steep slopes and steep slope buffer areas shall be maintained in an open space condition and:

a. Shall not have any structures constructed within it;

b. Areas within the slope buffer may be utilized for purposes of calculating the lot area.

§ 35-11-25 TREE REMOVAL.

[Ord. No. 99-06; 3-18-2020 by Ord. No. 20-06; amended in entirety 12-6-2023 by Ord. No. 23-16]

§ 35-11-25.1 Intent and Purpose.

[Amended 12-6-2023 by Ord. No. 23-16]

Millstone Township desires to protect and preserve the scenic beauty and natural environment of the Township; prevent erosion of topsoil and sedimentation in waterways; ensure quality development; provide shade and wildlife habitat; reduce pollution; sequester carbon; reduce light pollution, and decrease noise. The primary intent of this section is to ensure that there will be a significant population of healthy trees within the Township. This section establishes permitting policies and procedures for removal and protection of trees, defines heritage trees and specifies penalties for violation.

§ 35-11-25.2 Definitions.

[Added 12-6-2023 by Ord. No. 23-16]

DIAMETER AT BREAST HEIGHT (DBH)

The diameter in inches of a tree measured at 4 1/2 feet above the existing grade on the uphill side.

DRIPLINE

An imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

FARM

A property that meets the requirements defined within and is protected by the Right to Farm Act per N.J.S.A. 4:1C-1 et seq.

FOREST MANAGEMENT PLAN

A plan, prepared by a Forester approved by the State of New Jersey or other professional Forester recognized by the Society of American Foresters, and under the supervision of the State Forester, which details the management practices proposed to be employed on a site, including, but not limited to, harvesting, woodland management, or land clearing and reforestation.

HERITAGE TREE

Any tree by reason of its diameter, measured at 4.5 feet above the ground on the uphill side (DBH) to be a mature tree of significant size. The Township shall maintain the Standards for Determining Heritage Trees, for individual tree species. These standards shall set forth the size requirement for determining a heritage tree. A copy of the Standards shall also be provided on the Township website.

HISTORIC TREE

A tree which has been found by a professional forester, horticulturist or other professional tree expert to be of notable historic interest to the Township because of age, size or historic association and has been designated and officially proclaimed as part of the official records of the Township, county or state.

NEW JERSEY LICENSED TREE EXPERT

An individual who is recognized by the State of New Jersey as a New Jersey Licensed Tree Expert in good standing.

PRODUCTION AREA

The area of the farm, not including the area occupied by equine

Related infrastructure, that is in or available for agricultural production and falls within the land use classes "cropland harvested," "cropland pastured," "permanent pastured," "non-appurtenant woodland," or "appurtenant woodland" as established by the State Farmland Evaluation Advisory Committee and defined in N.J.A.C. 2:76-2B.3, not including freshwater wetlands that have not been modified for agriculture.

PROFESSIONAL FORESTER

A graduate of a university or college accredited or affiliated by the Society of American Foresters with a degree in forestry or forest management.

RESTRICTED AREA

An area which contains one of the following restrictions:

a. Steep slopes as defined within § 35-11-24 of this chapter. Unless otherwise provided on a survey prepared by a licensed land surveyor, the Township's review of slopes will be based on the Monmouth County Geographical Information System (GIS) topography database.

b. Freshwater Wetlands and Associated Buffers. Freshwater wetlands and buffers are governed by the New Jersey Department of Environmental Protection (NJDEP). If the applicant has previously obtained a Letter of Interpretation (LOI), a copy of the LOI and approved NJDEP plan shall be submitted with the Tree Removal Permit Application. If no LOI has been issued for the subject property, the Township's review will be based on the NJDEP GIS freshwater wetland database. If the proposed removal appears to be in the vicinity of wetlands, an LOI may be required prior to approval.

c. Threatened/Endangered Species Habitat as defined within § 35-11-33 of this chapter. The Township's review of threatened and/or endangered species will be based on the NJDEP GIS Landscape Project database.

d. Conservation Easements or Other Deed Restricted Easements. Properties with a conservation easement that have not been marked with easement monuments will be required to install monuments in accordance with subsection 35-11-13.3 of this chapter.

e. Riparian Zone. The land and vegetation within 150 feet from all surface water bodies, unless a greater buffer is imposed by the NJDEP for a special area, such as a Category 1 (C1) stream. Surface water bodies include, but are not limited to, lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.S.A. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.

f. Pending Board Approval. If the subject property is currently being reviewed by the Planning Board or Board of Adjustment, clearing is prohibited until all conditions of the Board resolution approval have been satisfied.

TOWNSHIP TREE ESCROW FUND

A fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices.

TREE

Any deciduous or coniferous species which has a DBH of six inches or greater.

TREE PRESERVATION AND REMOVAL PLAN

A specific plan that contains tree locations and other information in accordance with subsection 35-11-25.5 herein.

TREE REPLACEMENT PLAN

A specific plan that shows the location of proposed replacement trees in accordance with subsection 35-11-25.6 herein.

§ 35-11-25.3 Applicability.

[Amended 12-6-2023 by Ord. No. 23-16]

The terms and provisions of this chapter shall apply as follows:

a. It shall be unlawful for any person to remove or cause to remove any tree with a DBH of six inches or greater without first having obtained a tree removal permit as provided herein.

b. Any tree located greater than 50 feet from the foundation of an existing residential dwelling, greater than 10 feet from the foundation of an accessory structure located on an existing residential property or greater than 50 feet from the foundation of an existing commercial building with the exception of the roadway, driveway and/or septic system will require replacement per Township of Millstone Code subsection 35-11-25.10. There is no ten-foot allowance for accessory structures for commercial property or new development.

c. New Residential Development.

1. New residential development consisting of less than five dwellings: Any tree located greater than 50 feet from the foundation of an approved residential dwelling with the exception of the existing roadway, driveway and/or septic system will require replacement per Township of Millstone Code subsection 35-11-25.10.

2. New residential development consisting of five or more dwellings: Any tree located greater than 50 feet from the foundation of approved residential dwellings with the exception of roadways, driveways and/or septic systems will require replacement per Township of Millstone Code subsection 35-11-25.10.

d. New Commercial Development: Any tree located greater than 50 feet from the foundation of a Board-approved commercial building with the exception of the roadway, driveway, and/or septic system will require replacement per Township of Millstone Code subsection 35-11-25.10.

e. Heritage and Historic Trees should only be removed in the most compelling and extraordinary circumstances. Removals may be permitted only after a thorough investigation and written report of findings with recommendations by a New Jersey board-licensed tree expert or approved forester and the approval of the Township Shade Tree Commission. The loss of lot yield, building area or profitability of development layout shall be deemed neither compelling nor extraordinary.

f. Tree removal and brush clearing shall not be permitted within restricted areas as defined within Township of Millstone Code subsection 35-11-25.2, with the exception of a tree imposing a great risk to public safety or property.

§ 35-11-25.4 Tree Removal Permit Application.

[Added 12-6-2023 by Ord. No. 23-16]

a. Any person proposing to remove a tree shall make application to the Township by filing a written Tree Removal Permit Application with the Township Land Use Department and paying such fees as are set forth in Township of Millstone Code subsections 35-11-25.9 and 35-11-25.10.

b. Two copies of a Tree Preservation and Removal Plan shall be included with the application in accordance with Township of Millstone Code subsection 35-11-25.5.

c. Any person proposing to remove trees greater than 50 feet from the foundation of an existing residential dwelling, greater than 10 feet from the foundation of an accessory structure located on an existing residential property or greater than 50 feet from the foundation of a commercial building shall provide two copies of a Tree Replacement Plan in accordance with Township of Millstone Code subsection 35-11-25.6.

d. Any applicant of a proposed residential dwelling, seeking to remove trees located greater than 50 feet from the foundation of the dwelling or beyond the limits of the roadway, driveway and/or septic system shall provide two copies of a Tree Replacement Plan in accordance with Township of Millstone Code subsection 35-11-25.6.

e. Any application, residential or commercial, that requires Planning Board or Zoning Board approval, proposing removal of trees located greater than 50 feet from the foundation of the residential dwelling or commercial building or beyond the limits of the roadway, driveway and/or septic system, as applicable per Township of Millstone Code subsection 35-11-25.3c, shall provide two copies of a Tree Replacement Plan or Landscape Plan in accordance with both Township of Millstone Code subsections 35-11-25.6 and 35-11-25.10 and § 35-11-14 of the Municipal Code.

f. Tree removal permit applications shall be filed at the Township Land Use Department and shall be completed in full. The application must be deemed complete and all required fees, as set forth in Township of Millstone Code subsections 35-11-25.9 and 35-11-25.10, be paid prior to review.

g. All required escrow and bond fees for any application, including required tree replacements or fees, shall be verified as paid prior to the issuance of the tree removal permit.

h. No permit shall be issued until a Tree Removal Permit Application, Tree Preservation and Removal Plan and Tree Replacement Plan, if applicable, for the lot or parcel has been reviewed and approved as compliant with this chapter, by filing of a written report, by the Township Zoning Officer.

i. Inspections. After the application is complete and reviewed, the Township Zoning Officer, or his/her designee, shall inspect the trees and property which are the subject of the permit application within 30 days. Prior to inspection, the applicant shall mark all individual trees to be removed with flagging. No trees shall be marked with paint or in any other permanent manner in case of denial.

j. Permit approval or denial. The Township Zoning Officer shall approve or deny the tree removal permit within 10 business days after completion of the inspection. The Zoning Officer shall notify the applicant in writing of the factual basis and criteria for any denial. The final decision of the Zoning Officer may be appealed to the governing body by filing written notice within 10 days of the final decision. The governing body shall hold a public hearing and issue its decision within 60 days after notice of appeal is filed, unless the applicant requests and the governing body consents to an extension of time. In the event that the governing body requires professional guidance to make a determination, it shall be at the expense of the applicant. The governing body may delegate its appeal responsibilities to the Shade Tree Commission.

k. Heritage/Historic Tree Removal Permit approval or denial. The Shade Tree Commission shall review the Tree Removal Application and written report, prepared by a New Jersey Licensed Tree Expert or Professional Forester, for removal of any Heritage or Historic tree within 45 days of receipt of the application. Review may include inspection of the tree by Commission members and/or the Zoning Officer. The Shade Tree Commission shall submit written recommendation of approval or denial to the Zoning Officer within 10 days of inspection. The Zoning Officer shall notify the applicant in writing of the factual basis and criteria for any denial. Denial of permit may be appealed to the governing body by filing written notice within 10 days of the final decision. The governing body shall hold a public hearing and issue its decision within 60 days after notice of appeal is filed, unless the applicant requests and the governing body consents to an extension of time.

§ 35-11-25.5 Tree Preservation and Removal Plan.

[Added 12-6-2023 by Ord. No. 23-16]

Two copies of a Tree Preservation and Removal Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application. Applications that require Planning Board or Zoning Board approval shall have a Tree Preservation and Removal Plan as part of the submittal to the Board and to the Township Shade Tree Commission for review and approval in accordance with this chapter. Tree Preservation and Removal Plans shall contain the following:

a. A survey showing the current condition of the property, identifying the following:

1. Building location.

2. Location of all trees proposed for removal with a corresponding list including tree species, DBH and condition. For removal of five trees or less on existing residential development, tree locations may be hand drawn on the survey. For new residential or commercial development, all trees with a DBH of six inches or greater, within the limit of disturbance, shall be located on a survey, including tree species, DBH and condition.

3. Accessory structures and uses including but not limited to sheds, pool, barn, tennis/basketball court, etc.

4. Location of any Heritage or Historic trees, if applicable.

5. Delineated wetland line, if applicable.

6. Easements, if applicable.

7. Wooded areas.

b. Proposed tree preservation limits and protective fencing location to be installed a minimum of 10 feet beyond the dripline of trees to be saved during removals. Tree protection fencing shall be installed prior to removals and removed after work has been completed.

c. New Residential or Commercial Development: Location of the proposed building foundation, driveway, septic area and roadway. Tree protection fencing location, notations and details shall be shown on the Grading Plan. Tree protection fencing notation shall state that "All existing trees and shrubs to be preserved on site shall be protected against construction damage by tree protection fencing, installed prior to any site disturbance and remaining in good condition throughout all phases of construction. All fencing shall be placed a minimum of 10 feet outside the dripline of the individual trees to be preserved."

§ 35-11-25.6 Tree Replacement Plan.

[Added 12-6-2023 by Ord. No. 23-16]

Existing Development:

Two copies of a Tree Replacement Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application and Tree Preservation and Removal Plan if the applicant proposes to remove trees located greater than 50 feet from the foundation of an existing residential dwelling, greater than 10 feet from the foundation of an accessory structure located on an existing residential property or greater than 50 feet from the foundation of a commercial building.

New Development:

Two copies of a Tree Replacement Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application and Tree Preservation and Removal Plan if the applicant proposes to remove trees located greater than 50 feet from the foundation of a proposed residential dwelling or beyond the limits of the roadway, driveway and/or septic system.

Two copies of a Tree Replacement Plan or Landscape Plan in accordance with both subsections 35-11-25.6 and 35-11-25.10 below and Section 35-11-14 of the Municipal Code shall be submitted to the Planning Board/Board of Adjustment Secretary with the Tree Removal Permit Application and Tree Preservation and Removal Plan for any application, residential or commercial, that requires Planning Board or Zoning Board approval, proposing removal of trees located greater than 50 feet from the foundation of the residential dwelling or commercial building or beyond the limits of the roadway, driveway, and/or septic system as applicable per Township of Millstone Code subsection 35-11-25.3c.

The Tree Replacement Plan shall contain the following:

Two copies of a survey showing the current condition of the property, identifying the following:

a. Building location.

b. Proposed location of replacement trees in accordance with Township of Millstone Code subsection 35-11-25.10 with a corresponding list including tree species and caliper.

c. Accessory structures and uses including but not limited to sheds, pool, barn, tennis/basketball court, etc.

d. Wooded areas.

e. Location of any Heritage or Historic trees, if applicable.

f. Delineated wetland line, if applicable.

g. Easements, if applicable.

h. New Residential or Commercial Development. Location of the proposed building foundation, driveway, septic area and roadway.

§ 35-11-25.7 Criterial For Issuance of Permit.

[Added 12-6-2023 by Ord. No. 23-16]

a. Upon completion of the Township Zoning Officer's field inspection report and review of any requested recommendations, the Zoning Officer shall approve a permit if:

1. The Tree Removal Permit Application is compliant with Township of Millstone Code subsection 35-11-25.4;

2. The Tree Preservation and Removal Plan is compliant with Township of Millstone Code subsection 35-11-25.5;

3. The Tree Replacement Plan is compliant with Township of Millstone Code subsections 35-11-25.6 and 35-11-25.10;

4. None of the conditions set forth below in paragraph b exists;

b. The Zoning Officer may deny a Tree Removal Permit for the following reasons:

1. The tree is located in a restricted area as defined within this chapter.

2. The tree is a heritage or historic tree in sound condition.

3. The removal of the tree will contribute to extra runoff or surface water onto adjacent properties.

4. The removal of the tree will contribute to erosion or silting of adjacent properties.

§ 35-11-25.8 Term of Permit.

[Added 12-6-2023 by Ord. No. 23-16]

Any and all permits approved by the Township shall be declared null and void if the tree removal is not completed within 12 months after permit issuance. Permits not used within the twelve-month period will require a new application and the payment of new fees. For purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.

§ 35-11-25.9 Fees.

[Added 12-6-2023 by Ord. No. 23-16]

a. The applicant shall pay an application fee at the time of filing the application, with the Township Land Use Department. For residential properties the application fee is $50. For commercial or other nonresidential properties the application fee is $150. No application shall be considered without payment of the required application fee unless exempt under Township of Millstone Code subsection 35-11-25.11.

b. Replacement fee(s) will be in accordance with Township of Millstone Code subsection 35-11-25.10. Replacement fees shall be deposited into the Township Tree Escrow Fund. The Township Tree Escrow Fund shall be authorized and maintained by the Chief Financial Officer of Millstone Township to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the governing body with the consideration of the Shade Tree Commission recommendation in accordance with the municipal tree planting plan and the Township Community Forestry Management Plan.

The primary purpose of this fund is to provide planting and maintenance of trees and shrubs on public property. The fund will also cover administrative costs to implement the provisions of this chapter, including, but not limited to, site inspections, processing of permits and supervision of tree replacements. Administrative costs imposed in accordance with this chapter shall not exceed 30% of the fund, as determined on an annual basis.

§ 35-11-25.10 Replacement Trees/Fees.

[Added 12-6-2023 by Ord. No. 23-16]

a. Tree replacement requirements.

1. Any tree removed pursuant to this chapter, unless exempt under Township of Millstone Code subsection 35-11-25.11, shall be replaced based on the following tree replacement schedule:

Size of Tree to be Removed DBH	Number of Replacement Trees Required	Size of Replacement Tree Deciduous — Caliper Evergreen - Height	Or
			Replacement Fee Dollar Amount
6 inches up to 10 inches	1	2-2 1/2 inches deciduous or	$240.00
		5-6 foot evergreen tree
Greater than 10 inches up to 16 inches	2	2-2 1/2 inch deciduous or	$420.00
		5-6 foot evergreen tree
Greater than 16 inches up to 22 inches	2	3-3 1/2 inch deciduous or	$840.00
		7-8 foot evergreen tree
Greater than 22 inches up to 30 inches	4	3 1/2-4 inch deciduous or	$1,680.00
		8-10 foot evergreen tree
Greater than 30 inches	5	3 1/2-4 inch deciduous or	$2,100.00
		8-10 foot evergreen tree

2. In cases where the applicant chooses not to install the required number of replacement trees, the replacement fee will be required. A combination of both replacement trees and replacement fees may be utilized. Replacement Tree fees shall be made out to the "Millstone Township Tree Fund."

3. For replacement tree suggestions, refer to the "Millstone Township Recommended Tree Planting List" available on the Township website. Use of native species is encouraged.

b. Replacement Planting and Inspection.

1. Replacement Trees shall be planted during the following fall and spring planting seasons:

September 15 to December 30	Evergreen Trees
October 15 to December 30	Deciduous trees with no fall dig hazard.
March 1 to May 30	All trees

2. The applicant shall contact the Township Zoning Officer for inspection of replacement trees within 30 days of installation. Planting Specifications/Details will be provided by the Township to ensure proper planting techniques are utilized. The Zoning Officer, or his/her designee will inspect installed landscaping within 60 days from contact. If the Zoning Offer approves the tree planting, the Tree Removal Permit shall be closed. Failure to comply with required plantings or replacement fees will result in Fines set forth within Township of Millstone Code subsection 35-11-25.15.

§ 35-11-25.11 Exceptions.

[Added 12-6-2023 by Ord. No. 23-16]

a. The following exceptions from the Tree Removal Ordinance shall apply:

1. Farms are exempt from the permitting process of this Tree Removal Ordinance in the following circumstances by signing a one-time Tree Removal Certification For Farms:

(a) Clearing that increases the farm's production area.

(b) Maintaining the existing, established agricultural modified wetlands.

2. Farms are required to comply with the Tree Removal Ordinance only if:

(a) Proposing clearing of new areas of the farm that are in proximity of the following: steep slopes; freshwater wetlands or buffers; riparian zone; deed restricted easements which specifically prohibit clearing of trees; and/or property pending Board approval (fee exempt).

(b) Proposed clearing for residential or personal development of the farm.

Tree removal that is specifically included within a NJDEP approved Forest Management Plan. The plan must be provided to the Township for review prior to removal. New Forest Management Plans should be written to protect restricted areas as detailed within subsection 35-11-25.2 of this ordinance.

b. The following exceptions from Tree Replacement requirements shall apply:

1. Any tree that is not a Heritage or Historic Tree located within 50 feet of the foundation of an existing residential dwelling, within 10 feet from the foundation of an accessory structure located on an existing residential property or within 50 feet from the foundation of an existing commercial building with the exception of the roadway, driveway, and/or septic system.

2. New Residential Development: Any tree that is not a Heritage or Historic Tree located within 50 feet of an approved residential dwelling or in the location of the roadway, driveway and/or septic system as applicable per Township of Millstone Code subsection 35-11-25.3c.

3. New Commercial Development: Any tree that is not a Heritage or Historic Tree located within 50 feet of a Board-approved commercial building or in the location of the roadway, driveway, and/or septic system.

4. The tree is dead, diseased, hazardous or damaged by storm or accident as verified by the Township Zoning Officer or his/her designee. The Township Zoning Officer may require verification by a New Jersey Licensed Tree Expert or Professional Forester at the applicant's expense. If the tree condition is verified as described, the Tree Removal Application fee shall be waived for an existing residential property.

5. Any tree growing in a utility right-of-way subject to notification of the Township. The Tree Removal Application fee shall be waived for the utility company.

6. The tree poses imminent danger to public safety and should be removed immediately. In the case of imminent danger, photographs shall be taken prior to removal and submitted to the Township Zoning Officer within one week of removal.

§ 35-11-25.12 Other Prohibited Acts.

[Added 12-6-2023 by Ord. No. 23-16]

The following actions are prohibited and shall be a violation of this article:

a. Willful injury or disfigurement of any tree growing within the Township.

b. No person shall:

1. Attach any sign, notice or other object to any tree or fasten any wires, cables, nails or screws to any tree on public property or within a public right-of-way in a manner that could prove harmful to the tree. "No Trespassing" and "No Hunting Signs" may be waived from this restriction if an appropriate alternative is unavailable.

2. Pour any material on any tree or on nearby ground which would be harmful to the tree.

3. Cause or encourage any unnecessary fire or burning near or around any tree.

4. Construct a concrete, asphalt or brick sidewalk or otherwise fill up the ground within 15 feet of any tree for new development or seven feet of any tree for existing development so as to cut off air, light or water from the roots.

5. Place building material or equipment within 10 feet of the dripline of any tree.

6. Alter the existing grade by removing or adding greater than one inch of any soil within 15 feet of the tree trunk for new development and seven feet of the tree trunk for existing development.

7. Change the existing drainage patterns (contour lines) around the perimeter of a tree's dripline, which causes the movement of siltation or water into the dripline of the tree canopy.

8. Remove bark from a living tree.

§ 35-11-25.13 Enforcement.

[Added 12-6-2023 by Ord. No. 23-16]

A summons alleging a violation of this section may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

§ 35-11-25.14 Non-Liability of Township.

[Added 12-6-2023 by Ord. No. 23-16]

Nothing in this article shall be deemed to impose any liability upon the Township or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under his/her control in a safe condition.

§ 35-11-25.15 Violations and Penalties.

[Added 12-6-2023 by Ord. No. 23-16]

Any person(s) who is found to be in violation of the provisions of this article, including those listed in Prohibited Acts, shall be subject to comply with the replacement requirements of this section and be subject to the penalties set forth in Chapter 1, § 1-5, of this Code. Each tree removed, damaged or destroyed in violation of this section will constitute a separate offense and shall be punishable as such. In the event that a tree(s) has been removed, including stump(s), without a valid Tree Removal Permit, an estimate based on a representative sample of trees in an adjacent area, selected at the discretion of the Township Zoning Officer, shall be utilized to determine the fine.

§ 35-11-26 NOTICE OF FARM USE.

[Ord. No. 99-25, § II]

For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to unimproved land then being commercially farmed or suitable therefor, the Planning Board shall require an applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every contract for and deed conveying all or any portion of the lands thereby subdivided, as well as filed final subdivision maps, the following record notice to and waiver by grantees of such present or future proximate farming uses, which such provision shall be made to run with the land:

"Grantee hereby acknowledges notices that there are presently or may in the future be farm uses adjacent or in close proximity to the above-described premises from which may emanate noise or odors, and, by acceptance of this conveyance, Grantee does hereby waive objection to such activities. Nothing herein shall be deemed to warrant that the property shall remain a farm or otherwise undeveloped."

§ 35-11-27 (RESERVED)

§ 35-11-28 PREVENTIVE MAINTENANCE.

[Ord. No. 00-21 § I]

Recognizing the need for preventive maintenance to insure the continued useful life of existing structures which, as part of the major subdivision process are identified by the Planning Board as worthy of maintenance and/or restoration, ("identified structures"), the governing body of the Township hereby declares that code enforcement in relation to identified structures is a high municipal priority.

§ 35-11-28.1 Deterioration and Service of Notice of Violation.

[Ord. No. 00-21 § I]

In the event that any identified structure deteriorates to the point that, in the best estimate of the municipal Construction Code Official, the cost of correcting the outstanding code violations equals more than 15% of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the identified structure listing the violations, the estimate for their abatement, the replacement cost of the improvement and stating if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Code Official shall for good cause grant, the Municipality may at the expiration of the ninety-day period, enter upon the property in question, abate the violations itself and cause the cost thereof to become a lien on the property or to reimburse itself from any performance guarantee posted for such purpose.

§ 35-11-28.2 Request for Hearing by Property Owner.

[Ord. No. 00-21 § I]

Upon receipt of such notice from the municipal Construction Code Official, the owner may, within 10 days after such a receipt, notify the Construction Code Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Planning Board and shall, so far as possible, be a formal adversary proceeding in which the Construction Code Official shall establish the matters alleged in the notice by a preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in § 35-11-28.1 in this section shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 35-11-28.1 of this section.

§ 35-11-28.3 Violation Abatement by Municipality.

[Ord. No. 00-21 § I]

Thereafter, if the owner of the identified structure does not comply, the Construction Code Official may enter into the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

The Construction Code Official shall then certify to the Township committee the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present same to the Township Committee.

The Township Committee may, by resolution, vote to cause the sum so certified to become a lien upon the property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes, unless the Township is reimbursed from any performance guarantee posted for that purpose.

§ 35-11-29 (RESERVED) [1]

[1] Editor's Note: Former § 35-11-29, Architectural and Building Requirements, previously codified herein and containing portions of Ordinance No. 01-27 was repealed in its entirety by Ordinance No. 07-25. See § 35-4-16. Architectural Guidelines and Design Standards for Nonresidential Buildings.

§ 35-11-30 SITE INVESTIGATION AND SOIL SAMPLING.

§ 35-11-30.1 Findings: Sampling Requirements.

[Ord. No. 02-36]

The Township Committee finds that historic pesticide contamination has become a concern within the Township. Site investigation and soil sampling shall be conducted for all development applications prior to any Board approval, the purpose of which shall be to determine if contamination is present at levels exceeding the New Jersey Department of Environmental Protection Soil Cleanup Criteria.

§ 35-11-30.2 Applicability.

[Ord. No. 02-36]

Prior to any development application being deemed complete by either the Township Planning Board or Zoning Board of Adjustment, including major or minor subdivision and site plan approvals, all of the soil testing requirements outlined in this section shall be filed as part of the application. This requirement shall exempt use variance applications, signage applications, bulk variances for decks, porches, etc., required for existing uses, minor subdivisions which create no new lots, site plan waivers, minor revisions to existing sites, and sites for which final approval has been granted. The Board Engineer and Millstone Township Environmental Commission shall review and comment on the results of the soil testing. The testing results shall be used as evidence in the case before the Board. Remediation of any contamination found on the proposed site shall be completed prior to site development. Failure of an applicant to fully comply with any part of the provisions as outlined in this section shall result in the denial of the application. Per N.J.S.A. 40:48-2.57, this section shall not apply to any property for which any person is conducting actions related to historic pesticide contamination under the oversight of the Department of Environmental Protection, provided that such person, as a condition of any development approval by the Township, obtains a full site no further action letter from the Department.

§ 35-11-30.3 Standards for Sampling.

[Ord. No. 02-36; Ord. No. 04-23, § I]

a. State Guidelines. Site investigation sampling shall be conducted pursuant to the New Jersey Department of Environmental Protection Field Sampling Procedures Manual and analysis conducted by certified independent laboratories pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-2, and as may be amended in the future by NJDEP. These test results shall be analyzed to determine where contamination is present at levels exceeding the New Jersey Department of Environmental Protection Soil Cleanup Criteria Guidelines. A summary report prepared by the laboratory shall be included with the test results, highlighting sample data exceeding NJDEP contamination limits.

1. Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," the requirements of § 35-11-30.3 shall be revised such that the number and location of soil sampling shall be reduced to the minimum number and locations deemed reasonably necessary by the municipal engineer to determine whether contamination exists.

[Added 3-18-2020 by Ord. No. 20-06]

b. Map and Report. The entire property shall be sampled with the exception of areas that contain State-regulated wetlands, floodplains, or other areas which would be restricted from development by the State of New Jersey. A map shall be provided showing the exact location and depth of each soil sample taken along with a detailed report summarizing the result of each sample. The sampling plan shall be prepared by the certified testing laboratory or an independent soil scientist certified by the State.

c. Sampling Locations. Sampling frequency shall be based upon the technical requirements of NJAC 7-26E, but shall not be less than one sample for every two acres of net tract area (gross tract area less wetlands and wetlands transition area), with a minimum of two samples. Sampling locations must be evenly dispersed throughout the project site and additional samples may be required if the Board Engineer or Township Environmental Commission determine that field conditions warrant the additional tests.

d. Analysis of Samples. All samples shall be analyzed for all possible contaminants contained in the NJDEP Soil Cleanup Criteria, including arsenic, lead and a pesticide scan (USEPA Method SW 846-8081A). The pesticide scan includes a total of 20 compounds, including DDT, DDD, DDE, dieldrin and chlordane. All analytical results obtained from the pesticide analysis shall be provided to the Board Engineer for comparison with established NJDEP contamination levels.

e. As an alternative to Subsection d above, the applicant may elect to complete a limited test for lead, arsenic and pesticide scan, in addition to conducting a Phase I Environmental Assessment as part of the development application. The Phase I Assessment shall be performed in accordance with the American Society of Testing Materials (ASTM) Standard 1527-00 for Phase I Environmental Assessments, and the Technical Requirement for Site Remediation, New Jersey Administrative Code 7:26E. A report shall be prepared for the site by a N.J. licensed environmental consulting firm and signed by an environmental scientist. Based on the findings of the Phase I Environmental Assessment, the applicant's environmental consultant will address and present findings to the Planning or Zoning Board and its professionals as to whether additional soil samplings and analysis should be performed for all possible contaminants listed on NJDEP Soil Cleanup Criteria. The Phase 1 Environmental Assessment findings may be used by applicant as evidence before the Planning or Zoning Board to accept the same as sufficient and not require the additional testing of all possible contaminants listed on NJDEP Soil Cleanup Criteria.

§ 35-11-31 (RESERVED)

§ 35-11-32 (RESERVED)

[Former § 35-11-32, Tree Clearing, including § 35-11-32.1 through § 35-11-32.6, previously codified herein and containing Ord. No. 10-25 and Ord. No. 20-06 was repealed in its entirety by 12-6-2023 by Ord. No. 23-16.]

§ 35-11-33 THREATENED AND ENDANGERED SPECIES.

§ 35-11-33.1 Applicability.

[Ord. No. 120-12 § X; amended 3-18-2020 by Ord. No. 20-06]

Prior to any development application being deemed complete by either the Township Planning Board or Zoning Board of Adjustment, including major or minor subdivision and site plan approvals, a threatened and endangered species investigation as outlined in this section shall be filed as part of the application. This requirement shall not apply to use variance applications, signage applications, bulk variances for decks, porches, etc., required for existing uses, site plan waivers, minor revisions to existing sites, and sites for which final approval has been granted. Any person or business entity required to complete a Tree Clearing Application in accordance with § 35-11-32 of this ordinance shall be required to perform a threatened and endangered species investigation as outlined within that section. The Board Engineer and the Millstone Township Environmental Commission shall review and comment on the results of the threatened and endangered species investigation. Failure of an applicant to fully comply with any part of the provisions as outlined in this section shall result in the denial of the application.

An applicant may request conditional completeness of an application from the Board. This may be granted in the case that the optimum timing to complete the survey is incongruent with the readiness of the application.

Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15" shall be exempt from § 35-11-33 and subject to all applicable NJDEP rules and regulations.

§ 35-11-33.2 Standards for Threatened and Endangered Species Investigation.

[Ord. No. 10-12 § X; Ord. No. 2016-04]

a. State Records Search. The applicant shall provide a New Jersey Department of Environmental Protection Landscape Habitat Ranking Map and the current NJDEP Natural Heritage Program database report of the site available at the time of the submission. A site that contains Habitat Ranking 3, 4, 5 and/or a Natural Heritage Program database report which identifies threatened or endangered species on or within close proximity of the site shall require a Threatened and Endangered Species Survey. If no threatened or endangered species have been identified on the Landscape Habitat Ranking Map or the Natural Heritage database report, no further Threatened and Endangered Species survey is required.

b. Surveyor Requirements. The Threatened and Endangered Survey must be completed by a surveyor deemed qualified by the Environmental Commission. The Township maintains a listing of qualified surveyors as recognized by the US Fish & Wildlife Service and the NJ Endangered and Nongame Species Program which is available in the Land Use Office. The listing may not include all individuals qualified to survey for the species. The list will be updated periodically.

1. To be deemed qualified by the Environmental Commission and/or to be included within the Township List of Qualified Surveyors, the individual must be recognized as a qualified surveyor by a Federal or State agency. The individual shall submit a copy of a Threatened and Endangered Species Survey report that has been approved by a Federal or State agency, such as the US Fish & Wildlife Service, Pinelands Commission or NJDEP Endangered & Nongame Species Program. The Environmental Commission shall review the documents and determine if the surveyor shall be approved and included within the Township listing.

2. Exception: An individual who has obtained a Master's Degree in the field relevant to the threatened and/or endangered species for which the survey is being performed shall be excepted from the qualified surveyor requirement. For example, if the site is being surveyed for a threatened or endangered bird species, an individual with a Master's degree in Ornithology may conduct the survey.

c. Time Frame of Survey. The Threatened and Endangered Species Survey must occur during the time periods in which the targeted species can be readily observed and identified. For plants, this may be the flowering period. For wildlife, this may be during the breeding season. A survey for a wildlife species that uses different habitat types to meet different needs must be designed so that the evaluators are investigating the study area during the season or time period that the species might be using the habitat.

d. Survey. A qualified surveyor shall complete Appendix E — Threatened/Endangered Species Survey Data Sheet, attached hereto, and adopted as a part of this chapter, for each threatened or endangered species identified on the NJDEP Landscape Project Habitat Ranking 3, 4, 5 map and/or the NJDEP Natural Heritage Database report. During the survey investigation, if any threatened or endangered species that was not listed in either NJDEP database was identified, the surveyor shall also complete Appendix E for those species. All sections of Appendix E including required attachments stated within the form shall be completed by the surveyor in order to be deemed complete for review. Appendix E shall be included within the SEIA, if applicable. No formal written report is required under this ordinance unless specifically requested by the Board.[1]

[1] Editor's Note: Appendix E may be found as an attachment to this chapter.

§ 35-11-33.3 Review of Findings.

[Ord. No. 10-12 § X]

The Board Engineer and the Millstone Township Environmental Commission shall review and provide recommendation to the Board on the results of the threatened and endangered species investigation. Should the Board feel the need to retain their own qualified survey or to review the survey results or perform an additional survey, the applicant shall post an additional escrow amount to cover such costs.

§ 35-11-33.4 Protective Measures.

[Ord. No. 10-12 § X]

In the event that a threatened and/or endangered species or suitable habitat is identified on the subject property, the following minimum protective measures shall be required:

a. Any area of a subject property located outside of a protected wetland where a threatened or endangered species or suitable habitat is identified shall be contained within a conservation easement including an extended 15 feet perimeter buffer.

b. Protective fencing shall be required to be installed a minimum of 15 feet from the perimeter of any area where threatened or endangered species or suitable habitat has been identified. Protective fencing shall consist of silt fence installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey. Fencing shall be installed prior to any site work and be maintained in good condition throughout all phases of construction. Protective fencing location shall be detailed on the grading plan along with a note stating the duration of fencing requirements.

c. The duration and timing of site disturbance shall be limited as applicable, such as during hibernation of a species or as otherwise recommended by the Environmental Commission to ensure protection of the threatened or endangered species.

d. Further limitations may be imposed as recommended by the qualified surveyor, Environmental Commission or the Board Engineer.

§ 35-11-33.5 Time Period for Construction.

[Ord. No. 2016-04]

a. Any Threatened and Endangered Species Survey accepted under this sub-article shall remain valid for a period of three years from the date of the field survey.

b. If an update to the NJDEP Landscape Projects Cross Acceptance Data or Natural Heritage Database occurs more than one year prior to the resolution of compliance for a project, the applicant shall be required to submit a new survey for any new species identified on the project site. An extension request of up to an additional six months can be formally submitted to the Environmental Commission and granted at its discretion. A written request for an extension shall include a detailed explanation of the species' habitat requirements relating to the site and a valid reason for the request.