Township of Colts Neck, NJ Zoning and Design Requirements Common to All Districts

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection C.

Applicability. This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by Colts Neck Township.

Compatibility with other permit and ordinance requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

CAFRA CENTERS, CORES OR NODES

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

CAMPUS REDEVELOPMENT

A redevelopment application submitted that involves multiple adjacent/contiguous lots under common ownership or multiple structures on the same lot which already contains development, in which the applicant proposes to phase redevelopment over a period of time. In such cases, each building or phase is not required to have individualized stormwater management so long as the overall proposal addresses stormwater management improvements are constructed in the first phase of the project.

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Board of Chosen Commissioner's to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

EMPOWERMENT NEIGHBORHOODS

In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, wetland buffers, floodplains, Category 1 streams, riparian buffers, steep slopes greater than 25%, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

LOW IMPACT DEVELOPMENT TECHNIQUES

Utilizing strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such asforest and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, utilizing native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.

MAJOR DEVELOPMENT

An individual "development," as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;

The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or

A combination of Subsection A(2) and (3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(7) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REDEVELOPMENT

An activity that results in the creation, addition or replacement of impervious surfacearea on an already developed site. Redevelopment includes, but is not limited to, the expansion of a building footprint; addition or replacement of a structure or a portion of a structure regardless of footprint; and replacement of impervious surface area that is not part of a routine maintenance activity. If a project is considered to be a redevelopment project, all new impervious cover, whether created by adding to or replacing impervious cover that was in existence before the redevelopment occurs, shall be considered in calculating the requirements for stormwater management. However, any such new impervious cover that will drain into an existing stormwater best management practice that is to remain after the redevelopment and that meets current stormwater managements requirements shall be deducted from the total amount of impervious surface that must be treated by new stormwater best management practices.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

REPLACEMENT

The removal and substitution of 50% or greater of the framing and roofing of an existing structure or the removal and substitution of 50% or greater of existing pavement or other impervious material.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

The development design shall limit the creation of stormwater runoff through implementation of low impact development techniques to the extent technically practicable without reduction of the allowable development given the applicable zoning and other provisions of state law or regulations, or municipal ordinances.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's landscape project or natural heritage database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(17), (18) and (19):

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17), (18) and (19) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(16), (17), (18) and (19) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D(16), (17), (18) and (19), existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(16), (17), (18) and (19) that were not achievable on site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(16), (17), (18) and (19). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0%	Yes	No	—
Dry Well^(a)	0%	No	Yes	2
Grass Swale	50% or less	No	No	2^(e) 1^(f)
Green Roof	0%	Yes	No	—
Manufactured Treatment Device^(a)(g)	50% or 80%	No	No	Dependent upon the device
Pervious Paving System^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Bioretention Basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Infiltration Basin^(a)	80%	Yes	Yes	2
Small-Scale Sand Filter	80%	Yes	Yes	2
Vegetative Filter Strip	60% to 80%	No	No	—

(See Notes below Table 3)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention System	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration Basin	80%	Yes	Yes	2
Sand Filter^(b)	80%	Yes	Yes	2
Standard Constructed Wetland	90%	Yes	No	N/A
Wet Pond^(d)	50% to 90%	Yes	No	N/A

(See Notes below table 3)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue Roof	0%	Yes	No	N/A
Extended Detention Basin	40% to 60%	Yes	No	1
Manufactured Treatment Device^(h)	50% or 80%	No	No	Dependent upon the device
Sand Filter^(c)	80%	Yes	No	1
Subsurface Gravel Wetland	90	No	No	1
Wet Pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 102-46.4D(16)(b);
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(16) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D16(b) are subject to the contributory drainage area limitation specified at Subsection D16(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D16(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(5) is granted from Subsection D(16).

(9)

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(10)

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

(11)

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(16)(d).

(12)

Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections D(16), (17), (18) and (19) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(13)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(17), (18) and (19) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(14)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), (18) and (19) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(15)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(14), above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(14), above.

(16)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(17) and (18), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(7) and/or an alternative stormwater management measure approved in accordance with Subsection D(8). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at Subsection D(19), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(8).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(5) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(8) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(17), (18) and (19). For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(5).

(17)

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(17)(d) below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(18)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the runoff from a project site will drain, directly or indirectly, into a water with a Total Maximum Daily Load for TSS, then the required TSS reduction from the site shall be increased to be consistent with the reductions set forth in the TMDL.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(18)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B) / 100
Where:
R	=	total TSS percent load removal from application of both BMPs;
A	=	the TSS percent removal rate applicable to the first BMP; and
B	=	the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(17), (18) and (19).

In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the surface water quality standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(19)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

The site shall be designed to manage through on-site retention the 95% percentile storm. The management shall partially be through the utilization of at least one or more green infrastructure techniques.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(19)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge:

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb10 44171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The rational method for peak flow and the modified rational method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosion ControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the rational and modified rational methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance:

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified under Subsection D(7) above, or alternative designs in accordance with Subsection D(8) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in Subsection G(1)(a) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 (4.625) inches long and 1 1/2 (1.5) inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins:

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

[i]

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

[ii]

The overflow grate spacing shall be no less than two inches across the smallest dimension.

[iii]

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(4), a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View — Basin Safety Ledge Configuration

Requirements for a site development stormwater plan:

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one foot equals 200 inches or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal highwater table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair:

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

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 or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to a fine not to exceed $5,000 or community service not exceeding 30 days or any combination thereof.

§ 102-46.5 Wireless telecommunications towers and antennas.

[Added 8-16-2006; amended 12-8-2010; 7-10-2013]

Purpose. The overall intent and purpose of the wireless telecommunications towers and antennas policy is to coordinate all antennas on as few towers as possible and to avoid the proliferation of new towers throughout the Township. Therefore, it is recommended that future antennas be mounted directly on existing towers or structures that exceed 35 feet in height. If additional coverage is required new towers should be diverted to municipal property or agricultural properties containing a minimum of 30 acres.

Locational priorities. Wireless telecommunications towers and antennas shall be located in accordance with the priorities listed below. The applicant must demonstrate that all higher priority locations have been investigated and document why the higher priority sites cannot be utilized. Wireless telecommunications towers and antennas on locations not specifically listed below shall be prohibited.

Antennas placed on existing telecommunications towers in the Township.

Antennas placed on existing electrical transmission towers in the Township.

Antennas placed directly onto other existing structures that exceed 35 feet in height without the need for extensions, except that a small network node (SNN) may be placed directly onto a structure that is 35 feet in height or lower. For the purpose of this section, a "small network node" is a microcell network designed to provide capacity or coverage to a high data usage area or small target area to supplement the existing coverage and capacity of traditional high gain antennas mounted on a tall structure in a macrosystem network. Small network node antennas shall consist of not more than two antennas, 30 inches in height and 18 inches in diameter per carrier.

[Amended 9-14-2016]

Flush-mounted antennas placed on highway bridges with a maximum antenna height of 15 feet above the bridge.

New wireless telecommunications towers or antennas located on property owned, leased or otherwise controlled by the Township of Colts Neck provided a license or lease authorizing such antennas or tower has been approved by the Township. The decision to extend such lease shall be vested solely with the Township and shall be subject to the bidding requirements of the Local Public Contracts Law.[1]

Editor's Note: See N.J.S.A. 40A:1 1-1 et seq.

New wireless telecommunications towers or antennas and associated equipment compounds located on farms (Class 4B) meeting the following requirements:

Minimum lot area: 30 acres

Minimum setbacks [see Subsection D(9)].

Front setback: 200 feet.

Side setback: 100% of the tower height.

Rear setback: 100% of the tower height.

Locational prohibitions. In addition to such other locations where new wireless telecommunications towers and antennas are prohibited within this section, such facilities are expressly prohibited on the following properties:

Active recreational parks: Bucks Mill Park, Laird Road Recreation Area and Five Point Park.

Large-scale preserves: Freer Nature Preserve, Big Brook Preserve, Schlesinger Nature Preserve and Obre Road Nature Preserve.

All cemeteries.

All schools, including but not limited to Conover Road Elementary School, Conover Road Primary School, Cedar Drive School and Colts Neck High School.

General requirements.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Colts Neck Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Colts Neck Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

Measurement. For purposes of measurements, tower setbacks and separation distances shall be calculated and applied to facilities irrespective of municipal and county jurisdictional boundaries.

Signs. No signs shall be allowed on an antenna or tower.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection D(11) of this section.

Maximum tower height: 150 feet.

Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:

A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities). Master plan classification of the site and all properties within the applicable separation distances set forth in Subsection D(9), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential property (Class 2).

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(9) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

A landscape plan showing specific landscape materials.

Method of fencing, and finishing color and, if applicable, the method of camouflage and illumination.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(9)

Minimum separation requirement between uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses as specified in Subsection D(9)(a)[2] below, except as otherwise provided.

Towers shall maintain a separation distance of 300% of the tower height from the lot line of a residential property (Class 2).

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.

Table of Required Separation Distances Between Towers (distance in feet)
	Lattice	Guyed	Monopole 75 Feet in Height or Greater	Monopole Less than 75 Feet in Height
Lattice	5,000	5,000	4,000	2,600
Guyed	5,000	5,000	4,000	2,600
Monopole 75 feet in height or greater	4,000	4,000	4,000	2,600
Monopole less than 75 feet in height	2,600	2,600	2,600	2,600

(10)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided however, that the municipal agency may waive such requirements, as it deems appropriate.

(11)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from all property lines.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

In approving the tower the approving authority may impose conditions, including the use of an alternative tower structure, to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(12)

Generator. All applications for wireless communications towers or small network nodes shall provide adequate accommodations for a permanent or temporary emergency generator within a screened equipment compound.

[Added 9-14-2016[2]]

Editor's Note: This ordinance also redesignated former Subsection D(12) through (14) as Subsection D(14) through (16), respectively.

(13)

Equipment access and parking. Adequate access drives, staging areas and/or parking areas shall be delineated on the site plan to allow a clear work area for large-scale vehicles and cranes required to install or maintain the tower and antennas.

[Added 9-14-2016]

(14)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Colts Neck notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(15)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as the presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

(16)

Nonapplicability to amateur radio stations and to receive only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna. See § 102-49, Antennas, of the Code of the Township of Colts Neck for regulations pertaining to other types of antennas.

Co-location of wireless equipment exemption.

[Amended 9-14-2016]

Definitions. For the purpose of this chapter, the following terms shall have the following meanings:

BASE STATION

A structure or equipment at a fixed location that enables FCC-licensed or -authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation:

Equipment associated with wireless communications services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration [including distributed antenna systems ("DAS") and small-cell networks].

ELIGIBLE FACILITIES REQUEST

Any structure other than a tower that, at the time the relevant application is filed with the Township under this section, supports or houses equipment described in Subsection (a) or (b) of this definition above under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the approving authority under this section, does not support or house equipment described in Subsection (a) or (b) of this definition above.

CO-LOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

Co-location of new transmission equipment;

Removal of transmission equipment; or

ELIGIBLE SUPPORT STRUCTURE

Replacement of transmission equipment.

Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the approving authority under this section.

EXISTING

A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process.

SITE

For towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

SUBSTANTIAL CHANGE

A modification that substantially changes the physical dimensions of an eligible support structure and meets any of the following criteria:

Increase in height. An increase in the height of a tower constitutes a substantial change if, for towers outside of public rights-of-way, the increase is by more than 20 feet or 10%, whichever is greater, and for towers in public rights-of-way and for all base stations, the increase is by more than 10% or 10 feet, whichever is greater;

Increase in width. An increase in width of a tower constitutes a substantial change if for towers outside of public rights-of-way, the increase protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance (i.e., at the level of the installation of the co-located equipment, be it an antenna or otherwise, not at the base level of the tower where the tower is usually at its widest), whichever is greater, and for towers in public rights-of-way and for all base stations, if the increase protrudes from the edge of the structure more than six feet;

Increase in equipment cabinets. The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved or more than four cabinets, whichever is less;

Excavation or deployment outside current site. Excavation or deployment of equipment outside the current site or lease area of the tower or base station as part of the proposed co-location constitutes a substantial change;

Defeat of existing concealment elements. If existing concealment elements of the tower or base station would be defeated by the proposed co-location, the proposed co-location constitutes a substantial change (i.e., if the proposed co-location would result in an extension of a camouflaged tree tower which would result in the tower no longer looking like a tree, the proposed co-location would constitute a substantial change of the tree tower); or

Creation of a condition for which variance relief or design standard waiver would be required and/or requiring, modifications to a previously approved site improvement such as but not limited to landscaping, screen fencing, access drives, parking, pavement, lighting, drainage, curbing, etc.;

TRANSMISSION EQUIPMENT ENCOMPASS

Failure to comply with prior conditions. Failure of the proposed co-location to comply with conditions associated with the prior approval of the tower or base station constitutes a substantial change, unless such noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds described above.

TOWER

Includes any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities.

Includes antennas and other equipment associated with and necessary to the operation of a wireless telecommunications facility, including power supply cables and backup power equipment.

Co-locations of wireless equipment exemption. An application for development to co-locate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan approval, provided the application meets the following requirements:

The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.

The proposed co-location does not result in a substantial change to the eligible support structure.

The proposed co-location complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or any other applicable law, rule or regulation.

Co-location of wireless equipment exemption application and review.

All applications for development claiming a co-location wireless equipment exemption pursuant to the Federal Communications Commission October 17, 2014, Report and Order shall first make application to the approving authority (Zoning Officer) for issuance of a co-location of wireless equipment exemption.

If the approving authority (Zoning Officer) determines that the proposed co-location facility is not a substantial change to an eligible support structure and meets all requirements of Subsection E(2) above, the application for co-location of wireless equipment exemption shall be issued, and the applicant may apply for a building permit and/or other permits that may be required.

If the approving authority (Zoning Officer) determines that the proposed co-location facility is a substantial change to an eligible support structure or does not meet all requirements of Subsection E(2) above, the applicant shall be instructed that the application is not an exempted development and that Planning Board or Zoning Board of Adjustment approval is required.

A Colts Neck Township zoning application shall be in writing by the owner or his authorized agent and include the following:

A completed Colts Neck Township zoning application form and application fee of $500.

A statement of the use or intended use or uses of the building, structure or land demonstrating the request is not a substantial change as defined herein.

Two sets of plot plans/construction drawings meeting the plat requirements of § 102-39B, Minor site plan, for classification and approval.

Time frame for review. Within 60 days of the date on which an applicant submits an application seeking approval under this chapter, the approving authority shall approve the application unless it determines that the application is not an exempted development entitled to co-location of wireless equipment exemption.

Tolling of the timeframe for review. The sixty-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the Township and the applicant or in cases where approving authority determines that the application is incomplete.

To toll the time frame for incompleteness, the approving authority must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

The time frame for review begins running again when the applicant's supplemental submission in response to the approving authority's notice of incompleteness is received.

Following a supplemental submission, the approving authority will notify the applicant within 10 days of the supplemental submission if it did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection E(3)(d)[1] of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

Small cell facilities and wireless poles in public right-of-way.

[Added 5-11-2022 by Ord. No. 2022-5]

Purpose. The purpose and intent of this section is to:

Establish a local policy concerning small cell antennas and equipment and wireless poles in public rights-of-way.

Conserve the limited, physical capacity of the public rights-of-way held in public trust by the Township and the county.

Assure that any and all telecommunications carriers providing telecommunications services in the Township through small cell antennas and equipment and wireless poles comply with the laws, rules and regulations of the Township.

Assure that the Township can continue to fairly and responsibly protect the public health, safety and welfare.

Enable the Township to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development.

Definitions.

ALTERNATIVE TOWER FACILITY

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

An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennas and can be used to house or mount a personal wireless telecommunication service antenna. Examples include man-made trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures.

ANTICIPATED MUNICIPAL EXPENSES

The cost of processing an application to place small cell equipment or wireless poles in the public right-of-way, including, but not limited to, all professional fees such as engineer and attorney costs.

APPLICANT

The person or entity seeking to place small cell equipment or wireless poles within the public right-of-way.

CO-LOCATION

The use of a common wireless telecommunications tower or a common structure by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.

EXISTING POLE

A wireless pole, or pole owned by an incumbent local exchange carrier, competitive local exchange carrier, electric distribution company or other company that is in lawful existence within the public right-of-way. It shall not include an antenna, monopole or preexisting towers and preexisting antennas.

MUNICIPAL FACILITIES

Any property, both real and personal, including physical installations in the public right-of-way that is owned by the Township.

PERSONAL WIRELESS SERVICE

A type of "commercial mobile radio service" (as that term is defined in 47 CFR 20:3) as listed at 47 CFR 20.9(a)(11) and as defined at 47 CFR 24.5 and provided by the use of "personal wireless service facilities" [as such phrase is defined in Section 704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 State 56 (1996), partially codified at 47 U.S.C. § 332(c)(7)(C)(ii)].

PROFESSIONAL SURVEY

A raised-seal-stamped survey completed by a duly licensed surveyor.

PUBLIC RIGHT-OF-WAY

The surface of, and the space above, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive and the like, held by the Township, county or state as an easement or in fee simple ownership, or any other area that is determined by the Township, county or state to be a right-of-way in which the Township may allow the installation of small cell equipment and wireless poles or other telecommunications facilities.

SMALL CELL EQUIPMENT AND SMALL CELL FACILITY

Any of the following that are attached, mounted or installed on an existing pole or wireless pole in the public rights-of-way and used to provide personal communications services:

Wireless facilities and transmission media, including femtocells, picocells and microcells;

Outside distrusted antenna systems (ODAS);

A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended as of August 6, 2014; or

A wireless service facility that meets both of the following qualifications:

Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more that three cubic feet; and

TELECOMMUNICATION SERVICE(S)

Primary equipment enclosures are not larger than 20 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power systems, grounding equipment, power transfer switch and cutoff switch.

SMALL CELL NETWORK

A collection of interrelated small cell facilities designed to deliver wireless service.

The offering of telecommunications to the public, regardless of the telecommunications facilities used.

TELECOMMUNICATIONS

The transmission by wire, radio, optical or any electromagnetic system, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TELECOMMUNICATIONS CARRIER

Any provider of telecommunications services.

TELECOMMUNICATIONS FACILITY

Any structure or device used for the purpose of providing, supporting, enabling or otherwise facilitating telecommunications, including, but not limited to, small cell equipment and wireless poles, as defined herein.

WIRELESS POLE

A column or post lawfully located in the public right-of-way used solely to support small cell equipment and/or provide personal wireless service.

Additionally, definitions of terms appearing in the following state and federal laws and regulations shall be adopted by reference.

All definitions of words, terms and phrases that are set forth in the Communications Act of 1934, P.L. 73-416, as amended by various statutory enactments, including, but not limited to, the Telecommunications Act of 1996, P.L. 104-104, are incorporated herein and are made a part hereof.

All definitions of the words, terms and phrases that are set forth in the portion of the Middle-Class Tax Relief and Job Creation Act of 2012, P.L. 112-96, as codified in 47 U.S.C. § 455, are incorporated herein and are made a part hereof.

All definitions of words, terms and phrases that are set forth in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are incorporated herein and are made a part hereof.

All definitions of words, terms and phrases that are set forth in the Code of Federal Regulations at 47 CFR 1.6002, as amended, are incorporated herein and are made a part hereof.

Applicability.

Any telecommunications carrier wishing to place small cell equipment and/or wireless poles in a Township right-of-way must first enter into a license agreement with the Township. The placement of specific small cell equipment onto existing poles or the erection of new wireless poles shall require the issuance of a supplemental license from the Township Committee based on recommendations by the Township Engineer and/or Township Planner.

New small cell antennas and small cell equipment installations in Township rights-of-way or property require site plan approval, except for co-location applications meeting the requirements of § 102-46.5E and F(4)(a). Planning Board or Zoning Board application for the construction, installation or location for telecommunications facilities in a Township right-of-way shall not be deemed complete until a license under this chapter is granted by the Township. The applicant shall provide at least 60 days' notice to the Zoning and Planning Board prior to making an application for the construction, installation or location for telecommunications in a county or state right-of-way in the Township.

Co-location. The shared use of existing small cell facilities shall be preferred to the construction of new facilities, provided co-location does not substantially change the physical dimensions of such tower or base station as supported by evidence provided by the telecommunications carrier.

No application to construct a new freestanding or roof-mounted personal wireless telecommunication service facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Township that no existing personal wireless telecommunication service facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing personal wireless telecommunication service facility can accommodate the applicant's proposed facility shall consist of one or more of the following:

No existing facilities are located within the geographic area required to meet the applicant's coverage demands.

Existing facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

Existing facilities or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

Existing facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing facility or the antennas on the existing facility would cause interference with the applicant's proposed antenna.

The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing facilities or structures unsuitable.

Applications for new freestanding wireless telecommunication facilities shall provide evidence that the facility can accommodate co-location of additional carriers.

A telecommunications carrier who is issued a license pursuant to this section who wishes to add, supplement, or modify the telecommunications facility for which the license was previously granted shall be required to obtain a new license in accordance with the procedures established by this section, except that no new license shall be required if the addition, supplement or modification does not materially change the overall size and dimensions of the telecommunications facility.

Each small cell facility in a Township right-of-way requires a separate license for that specific facility.

Federal requirements. All wireless telecommunication facilities shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate wireless telecommunication service facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of Township approvals and removal of the facility at the owner's expense.

Safety standards. All personal wireless telecommunication facilities shall conform to the requirements of the International Building Code and National Electrical Code, as applicable.

(j)

Abandonment. Personal wireless telecommunication facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six months shall be removed by the facility owner. Should the owner fail to remove the facilities, the Township may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the County Treasurer for collection as taxes. If an owner wishes to begin utilizing abandoned equipment again, it must submit a new application.

Small cell antenna and equipment standards.

Small cell facilities on existing poles and structures.

The proposed installation must not be in excess of the height of the existing pole or structure before the installation in a length that substantially alters the existing pole.

The proposed installation shall be constructed, finished, painted and otherwise camouflaged in conformance with best available stealth technology methods, so as to blend in compatibly with its background and be aesthetically consistent with existing poles in terms of color and material.

The proposal must include an engineer's certification verifying the structural integrity of the pole.

No pole-mounted small cell antenna or equipment may project beyond the side of the pole in a manner that substantially differs from the existing antennas on said pole.

Each antenna is located inside an enclosure of no more than three cubic feet.

Antennas and equipment mounted to the exterior of the pole shall be mounted a minimum of 15 feet above the finished grade. The external finish of the equipment cases shall generally match the color of the pole. All mounting bands shall also match the color of the pole. No exposed wiring or conduit is permitted.

Locational priorities. New small cell antennas and equipment facilities shall be located in accordance with the priorities listed below. The applicant must demonstrate that all higher-priority locations have been investigated and document why higher-priority locations cannot be utilized.

Small cell antennas and equipment within the right-of-way of a limited-access freeway.

Small cell antennas and equipment within the right-of-way of a primary arterial street.

Small cell antennas and equipment within the right-of-way of a secondary arterial street.

Small cell antennas and equipment within the right-of-way of a major collector street.

Small cell antennas and equipment within the right-of-way of a minor collector street.

Small cell antennas and equipment within the right-of-way of a local street.

No small cell antennas and equipment facilities shall be placed directly in front of a residential principal building projection as determined by § 102-87, Note (c)(1)(a).

No small cell antennas and equipment may be spaced less than 500 linear feet from another pole supporting small cell equipment. However, this provision can be administratively waived for wireless equipment that is proposed to be placed within nonresidential zones where the proposal is determined to be aesthetically consistent with existing poles in terms of color and material.

[10]

The applicant must demonstrate that no tree limb or branch exists within 20 feet along all utility lines extending from the wireless pole to the next poles in line.

New wireless poles.

Wireless poles are not permitted in residential zones that do not have above-grade utility poles of any kind already installed. However, the applicant may seek relief from this requirement from the approving authority pursuant to N.J.S.A. 40:55D-70(d)(1).

Wireless poles shall be of the same type (e.g., wooden, steel) as the existing utility poles located on either side of it.

Wireless poles are not permitted in areas with underground utilities. However, the applicant may seek relief from this requirement from the approving authority.

The height of the wireless pole, including the small cell equipment installation, cannot be any more than six feet higher than the height of the two nearest existing poles but can in no event be higher than 50 feet in height.

To the greatest extent feasible, all antennas, equipment, wiring and conduit shall be located inside the pole.

No pole-mounted small cell antenna or equipment may project beyond the side of the pole more than 24 inches and must be located inside an enclosure of no more than three cubic feet in volume.

Locational priorities. New small cell antennas and equipment poles shall be located in accordance with the priorities listed below. The applicant must demonstrate that all higher-priority locations have been investigated and document why higher-priority locations cannot be utilized.

Small cell antennas and equipment within the right-of-way of a limited-access freeway.

Small cell antennas and equipment within the right-of-way of a primary arterial street.

Small cell antennas and equipment within the right-of-way of a secondary arterial street.

Small cell antennas and equipment within the right-of-way of a major collector street.

Small cell antennas and equipment within the right-of-way of a minor collector street.

Small cell antennas and equipment within the right-of-way of a local street.

No small cell antennas and equipment facilities shall be placed directly in front of a residential principal building projection as determined by § 102-87, Note (c)(1)(a).

[10]

The proposed wireless pole shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and be consistent with existing poles in terms of color and material.

[11]

No wireless pole may be spaced less than 500 linear feet from another existing pole or proposed wireless pole that is capable of supporting small cell equipment. However, this requirement may be administratively waived for wireless poles that are proposed to be placed within nonresidential zones where the proposal is determined to be aesthetically consistent with the surrounding streetscape.

[12]

The applicant must demonstrate that no tree limb or branch exists within 20 feet of the new wireless pole.

[13]

The wireless pole cannot be placed in such a way that it encroaches upon or blocks sight triangles.

[14]

The applicant must demonstrate that the proposed small cell equipment cannot be co-located.

Ground-mounted placement of equipment cabinets along with any small cell equipment installation must conform to the following:

Underground equipment. To conceal the non-antenna equipment, applicants shall install all non-antenna equipment underground. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that underground equipment enclosures will effectively prohibit the provision of personal wireless services then ground-mounted or pole-mounted equipment is allowed. Underground equipment enclosures shall have no size limitations.

Ground-mounted small cell cabinets and equipment shall:

Not exceed six feet in height.

Occupy more than 20 square feet of ground area.

May not be located between the pole and the curbline or edge of pavement.

Must be set back a minimum of four feet from the curbline or edge of pavement.

Not be located more than 15 feet from the small cell antenna pole.

Ground-based equipment boxes must be located in areas with existing foliage or other aesthetic features to obscure the view of the equipment box. Additional landscaping may be required to meet this requirement.

[g]

Shall not conflict with sidewalks or pedestrian and bicycle movements.

[h]

May fail to comply with required sight triangle and breakaway design in accordance with AASHTO regulations.

[i]

The applicant may seek relief from any of these requirements from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d)(1).

Small cell cabinets and equipment must provide an area for a temporary emergency generator location which is not in the paved road surface and shall not conflict with pedestrian or bicycle movement.

No small cell equipment shall be placed within 500 feet of an existing small cell equipment installation. This shall not preclude the co-location of two such facilities on the same pole or within the same vault.

The cumulative size of a small cell equipment installation for any one site shall not exceed 30 cubic feet.

Application process. The licensing agreement for small cell antennas and equipment in Township rights-of-way entered into pursuant to this chapter shall include the following provisions:

The term shall not exceed 25 years.

Any person who desires a license pursuant to this section shall file an application with the Township Administrator. The application shall include the following information:

The identity of the license applicant, name, address, email address and telephone number including all affiliates of the application.

A description of the telecommunications services that are or will be offered or provided.

A description of the telecommunications facility(ies).

A description of the transmission medium that will be used by the licensee to offer or provide telecommunications services.

A copy of the FCC license for the facility or a sworn statement from the applicant attesting that the facility will comply with current FCC regulations.

To the extent that filing of the licensing agreement application establishes a deadline for action on any other permit that may be required in connection with the facility, the applicant must include complete copies of applications for every required permit (including without limitations site plan application, variance application, street opening permit, construction permits and electrical permits) with all engineering completed and with all fees associated with each permit.

If an applicant contends that denial of the application would prohibit or effectively prohibit the provisions of service in violation of law or otherwise violate applicable law, the application must provide all evidence on which the applicant relies in support of that claim. Applicants are not permitted to supplement this evidence if doing so would prevent the Township from complying with any deadline for action on the application.

A statement of which shot clock or shot clocks apply to the application and the reason the chosen shot clocks apply.

Engineering plans, a survey, specifications and a network map of the telecommunications facility to be located within the Township, all in sufficient detail to identify:

The location and route requested for the applicant's proposed telecommunications facility.

The location of all antennas, cells and nodes for the applicant's proposed telecommunications facility.

The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the public way along the proposed route.

The specific trees, structures improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove, relocate or alter.

Survey. Every applicant must provide the Township with a professional survey demonstrating that the area on which it proposes to place small cell equipment and/or a wireless pole is located within the public right-of-way. The applicant must also provide easting and northing coordinates in state plane for inclusion in a GIS inventory.

Small cell equipment. The Township Engineer and/or Township Planner shall review all applications and make a recommendation to the Township Committee as to whether a supplemental license is in compliance with the terms of this section and the license agreement and may therefore be issued.

[g]

Wireless poles. The Township Engineer and/or Township Planner shall review all applications and make a recommendation to the Township Committee as to whether a license is in compliance with the terms of this section and the license agreement and may therefore be issued.

[h]

Any denial of a supplemental license must be in writing, based on substantial evidence, and provide the facts upon which such a denial is based.

[10]

Proof of notice pursuant to the requirements set forth in § 102-46.5F(8).

Third-party review.

Telecommunications carriers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the provider. The Township may require such a technical review to be paid for by the applicant for a telecommunication facility. The selection of the third-party expert may be by mutual agreement between the applicant and the Township or at the discretion of the Township, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

The accuracy and completeness of the submission;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached;

Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the telecommunications facilities and to offer or provide the telecommunications services.

Information to establish that the telecommunications facility meets the current standards and regulation of any agency of the federal government with the authority to regulate telecommunications facilities.

Information to establish that the proposed telecommunications facility conforms to the requirements of the International Building Code and National Electrical Code, as applicable.

Based on the results of the third-party review, the Township may require changes to the application for the facility that comply with the recommendation of the expert.

An application for a license under this section shall be accompanied by a payment of a $500 fee, plus a $100 additional fee for each additional small wireless facility.

Pursuant to N.J.S.A. 54:30A-124, the Township shall recover reasonable fees for actual services incurred in the review of all applicants under this section. The applicant shall make a $5,000 deposit toward anticipated municipal expenses, which shall be placed in an escrow account. If said escrow account contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer shall provide the applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 30 days, post a deposit to the account in an amount to be mutually agreed upon.

An applicant, upon receiving a license for the placement of small cell equipment or a wireless pole in the Township right-of-way, may proceed in requesting all other necessary site plan approval, variances, street opening permits and building permits and, upon receiving same, may proceed with construction. Applicants must comply with all other state and federal laws, rules and regulations along with any other applicable local ordinances.

There will be a $300 per-year small cell wireless facility fee for all recurring fees including any right-of-way access fee or fee for attachment to municipally owned structures in the right-of-way.

Assignment or transfer of small cell facility licenses. Ownership or control of a license issued pursuant to this section may not, directly or indirectly, by transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Township, which shall not be unreasonably withheld, as expressed by resolution.

General indemnification of Township in connection with telecommunications facilities. Each license grantee shall indemnify and hold the Township and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.

Revocation or termination of license.

The Township may revoke a license granted under this chapter for the following reasons:

Construction or operation without a license.

Construction or operation at an unauthorized location.

Unauthorized substantial transfer of control of the grantee.

Unauthorized assignment of a license.

Unauthorized sale, assignment or transfer of a grantee's assets or a substantial interest therein.

Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Township.

Abandonment of the telecommunications facility. A telecommunications facility shall be deemed abandoned if it is either disconnected from power service or unused for greater than six months. Abandoned telecommunications facilities shall be removed by the owner. Should the owner fail to remove the telecommunications facility, the Township may do so at its option, and the costs thereof shall be a charge against the owner.

Insolvency or bankruptcy of the grantee.

Material violation of the Township Code.

In the event that the Township believes that grounds exist for revocation of a license, it shall give the grantee written notice of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:

That corrective action has been, or is being, actively and expeditiously pursued to remedy the violation or noncompliance; and

That rebuts the alleged violation or noncompliance; and

That it would be in the public interest to impose some penalty or sanction less than revocation.

The Township shall consider the apparent violation or noncompliance in a public meeting, with respect to which the grantee shall be given notice and a reasonable opportunity to be heard concerning the matter.

(9)

Notification required.

Any telecommunications carrier who desires a license to change existing use, construct, install, operate, maintain or otherwise locate a telecommunications facility in the Township shall provide notice to property owners certified by the Township Planner to be within 200 feet of the proposed telecommunication facility.

Notice shall be given to a property owner by mailing a copy thereof, by certified mail and regular mail, to the property owner at the address as shown on the said current certified tax list, and service by mailing shall be deemed complete upon deposit with the US Postal Service.

Notice pursuant this section shall state the identity of the telecommunications carrier; a description of the telecommunications services that are or will be offered or provided; a description of the location(s) of any telecommunications facilities; and a description of the telecommunications facilities to be installed and the location of the telecommunications facilities. The notice shall also advise that a copy of the applicant's application is on file with the Township Planner and may be reviewed by the public.

In the case of an application that seeks to construct, install, operate, maintain or otherwise locate a telecommunications facility or equipment on any property or right-of-way owned or controlled by the State of New Jersey or County of Monmouth, including, but not limited to, a state or county right-of-way, the applicant shall also provide notice to the Township and obtain approval from the state or county authorizing the placement of such telecommunications facility on any such property or right-of-way.

§ 102-46.6 Affordable housing growth share – grandfather.

[Added 12-10-2008; amended 11-30-2011; 9-9-2020 by Ord. No. 2020-16]

Purpose. The purpose of the affordable housing growth share - grandfather is to establish reduced lot size, lot frontage, lot width and side setback requirements for the two developments [PB704 (Block 10, Lots 2 and 2.01) and PB719 (Block 39, Lot 11.01)] approved under the Affordable Housing Growth Share Ordinance and to prevent these developments from becoming nonconforming.

For Planning Board Applications PB704 (Block 10, new Lots 2.03, 2.04, 2.05, 2.06, 2.07, 2.08 and 2.09) and PB719 (Block 39, new Lots 11.03, 11.04, 11.05, 11.06, 11.07, 11.08 and 11.09), the minimum lot size, lot frontage, lot width and side setback shall be as follows:

The minimum lot size, lot frontage and lot width shall be 75% of the applicable minimum zoning requirement for the zoning district.

The minimum side setback shall be 40 feet.

All other provisions of the applicable zone district which have not been specifically modified in this subsection shall apply. This includes, but is not limited to, all of the standards in § 102-87, schedule of limitations and requirements applicable to each zone along with the notes and schedules contained therein.

Article VII Design Requirements Common to All Districts

§ 102-47 General regulations.

Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. The development shall conform to the proposals and conditions of the Official Map and Master Plan. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood-control basins shown on the officially adopted Master Plan and Official Map shall be considered in the approval of plats in accordance with good design practices; extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

Character of the land. Land which the approving authority finds to be unsuitable for the intended lot(s) and their use due to flooding, improper drainage, steep slopes, soil conditions, adverse topography, wetlands, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township.

Development and street names. The proposed names of the development and streets shall not duplicate or closely approximate the name of any other development or street in the municipality. The approving authority shall have final authority to designate the name of the development and streets which shall be determined at the sketch plat or preliminary application stage.

§ 102-48 Accessory buildings and structures.

Accessory buildings or structures as part of principal buildings. Any accessory buildings or structures attached to a principal building or structure shall, for purposes of determining yard requirements only, be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings or structures. However, the above shall not apply to a ground-level patio (i.e., top surfaces less than six inches above adjacent average grade).

Accessory buildings or structures not to be constructed prior to principal buildings. No construction permit shall be issued for the construction of an accessory building or structure, except those for agricultural use on farms, prior to the issuance of a construction permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building or structure, the construction official shall revoke the construction permit for the accessory building or structure until construction of the main building has proceeded substantially toward completion.

Distance between adjacent buildings or structures. The minimum distance between a detached accessory building or structure and any other building(s) on the same lot shall be as set forth in the zoning schedules, except that no commercial poultry or brooder house shall be nearer than 500 feet to any dwelling on the same lot and no livestock shelter shall be nearer than 100 feet to any dwelling on the same lot, and except that accessory buildings or structures other than poultry or brooder houses or livestock shelters may be placed a minimum of 10 feet from underground structures, such as in-ground swimming pools, provided that such accessory buildings or structures are a minimum of 20 feet from any aboveground principal or accessory building or structure, except that these provisions shall not apply to permitted parking spaces, fences and walls six feet or less in height, sidewalks, driveways, ground-level patios, lampposts, mailboxes, flagpoles, permitted signs, wells, septic systems and similar structures. For purposes of the twenty-foot requirement, an outdoor in-ground swimming pool shall not be considered part of the principal structure even if attached thereto and, therefore, must be 20 feet from the principal structure.

Height of accessory building or structure. Accessory buildings or structures in any zone, except for agricultural uses, shall not exceed 25 feet in height.

Location. Accessory buildings or structures may be erected on lots in accordance with the schedule of limitations, except that no commercial poultry shelter shall be erected nearer than 500 feet or any livestock shelter nearer than 100 feet to any lot line and except that these provisions shall not apply to parking spaces, fences and walls six feet or less in height, sidewalks, driveways, lampposts, mailboxes, flagpoles, permitted signs, wells, septic systems and similar structures. If located in a front yard, accessory buildings or structures shall be set back a minimum of twice the distance from any street line than is required for a permitted dwelling or principal building for the zone in which it is located. If located on a corner lot, the provisions of this chapter for corner lots also apply.

Seasonal housing. Housing provided on farms for seasonal employees shall be set back at least 300 feet from any public street, 400 feet from any side or rear property line and 500 feet from the permanent farm residence of the farm.

§ 102-49 Antennas.

Requirements for satellite dish, home radio, television receiving and similar antennas shall be as follows:

Antennas shall be ground-mounted on a freestanding structure and are not permitted as an attached structure.

Location, height and size. Antennas shall be located in the rear yard, shall not exceed a height of 35 feet above the natural grade and shall meet all accessory structure setback requirements. Satellite dish antennas shall not exceed 12 feet in diameter. Satellite dish antennas that have a twenty-four-inch diameter or less can be mounted on a side or rear building roof or side or a rear building facade. An antenna shall only service the lot on which it is located. Antenna structures operated by holders of Federal Communication Commission amateur radio licenses may exceed the height limitation by 35 feet maximum.

[Amended 5-25-2005]

Portable mounted antennas are prohibited in all zones, except for demonstration purposes for a maximum of 48 hours on a specific lot.

If the exposed antenna base and structure have a total side area of greater than 32 square feet (i.e., sum of area as viewed from all four sides) within six feet of ground outline level, the base shall be screened to the greatest extent possible, consistent with good antenna performance, with nondeciduous plantings at least six feet high and shall blend with the immediately surrounding area.

Wires and cables running between a ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code.[1]

Editor's Note: See Ch. 98, Construction Codes, Uniform.

Antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.

No form of advertising or identification shall be placed on a satellite dish or other antenna other than a label of the manufacturer and/or installer, which label shall be no larger than 36 square inches in area.

Minor site plan approval is required if Subsection D above applies.

§ 102-50 Area requirements; contiguous lots.

[Amended 8-13-1997; 4-26-2017]

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots does not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot, and the provisions of this chapter shall apply. Whenever land has been dedicated or conveyed to the Township, county or state for road widening purposes by the owner of a lot in order to implement the Official Map or Master Plan of the Township or the Route 34, Colts Neck, Highway Access Management Plan, as amended, the Construction Official may issue construction permits and certificates of occupancy for the lot whose depth and/or area is rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

§ 102-51 Construction permits, site plan approvals and zoning variances outstanding.

Nothing in this chapter shall require any change in a construction permit, site plan or zoning variance which was approved before the enactment of this chapter but is in violation of this chapter, provided that construction based on such a construction permit shall have been started within one year following the effective date of this chapter and, in the case of a site plan or variance, a construction permit shall have been issued within one year following the effective date of this chapter, and in all instances the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void. The approving authority may extend these time intervals for good cause.

§ 102-52 Child-care centers.

Centers must be licensed by the Department of Human Services.

Centers shall meet all zoning and site plan requirements for the zone in which they are located, except that adequate parking for center operating personnel and adequate paved areas for ingress and egress and for waiting or standing and pickup and discharge of center attendees shall be provided to assure that, under peak attendance conditions, no such activities shall occur on Township street rights-of-way and no children are required to cross or walk along a driveway or aisle.

§ 102-53 Curbing.

Regular curbing. All curbs shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of portland cement concrete, which concrete shall have a compressive strength of 3,500 pounds per square inch after 28 days. The maximum length of blocks shall be 10 feet, with a performed bituminous expansion joint filler 1/2 inch thick installed at a maximum spacing of 20 feet. The finish shall be a smooth float finish, with corners rounded. The top of the curb shall be six inches above the finished surface of the adjoining street for local streets and eight inches for all other street classifications, except for depressions in the curbing for driveway entrances where the depressed section shall be two inches at the back of the curb and one inch at the face of the curb above the finished surface of the adjoining street, and eight inches adjacent to catch basins. Where full height curbing exists, driveway entrances shall be created by replacing existing curb sections with new sections of proper contour and height.

Rolled concrete curbing. Rolled concrete curb shall be constructed of portland cement, which shall have a compressive strength of 4,000 pounds per square inch after 28 days. The maximum length of sections shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed at a maximum spacing of 20 feet. The curb shall be 24 inches wide, six inches deep on the pavement side, 10 inches deep on the lot side, and shall have a one-inch depression below the pavement side located about one-third the distance from the pavement edge. The side adjacent to the pavement shall be flush with the finished pavement surface.

Other alternative-type curbing, approved by the Township Engineer, may be accepted at the discretion of the approving authority.

§ 102-54 Electric vehicle supply/service equipment. [1]

[Added 7-20-2022 by Ord. No. 2022-11]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply/service equipment (EVSE) and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions and stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to service the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

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

CERTIFICATE OF OCCUPANCY

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

CHARGING LEVEL

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

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

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

ELECTRIC VEHICLES

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

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

MAKE-READY PARKING SPACE

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

PRIVATE EVSE

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

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

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

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

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

The approving authority shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Code of Colts Neck Township.

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

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

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

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

An application pursuant to Subsection C(5) above shall be deemed complete if:

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

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

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

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

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

Requirements for new installation of EVSE and make-ready spaces.

Multiple dwellings.

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

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

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

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

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

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

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

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

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

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

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

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 102-84F, § 102-85F(2), § 102-109F, § 102-111D(3) and § 102-112F.

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

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

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Installation.

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

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 20 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

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

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

EVSE and make-ready parking spaces shall comply with all parking space design standards and zoning requirements contained in Chapter 102, Development Regulations.

EVSE parking.

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

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

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

Safety.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol and appropriate signage pursuant to Subsection F(4) below.

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

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

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection F(3)(e) below. Equipment mounted on pedestals, lighting posts, bollards or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks or impede snow removal.

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

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

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

Signs.

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

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

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(4)(b) above.

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

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

Usage fees and parking fees, if applicable; and

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

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

Editor's Note: Former § 102-54, Drainage, was deleted 4-26-2006; see now § 102-46.4 for provisions pertaining to stormwater management.

§ 102-55 Environmental impact report.

Such report shall be provided for major sites and major subdivisions under the conditions covered in Article V of this chapter and shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data and be distributed, reviewed and passed upon as follows:

A description of the development shall be included, which shall specify what is to be done and how it is to be done during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.

An inventory of existing environmental conditions at the project site and in the immediate surrounding region shall be included, which shall describe air quality; water quality; water supply; hydrology; geology; soil and properties thereof, including capabilities and limitations; sewerage system; topography; slope; vegetation; wildlife habitat; aquatic organisms; noise characteristics and levels; demography; land use; aesthetics; and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Soil Conservation District Standards and Specifications. Specifically, the report shall address the ways in which the project's design will reduce, to the minimum extent possible, the washing of petroleum and other urban pollutants through runoff and erosion into drainage courses which feed the Swimming River Reservoir.

As a direct result of the investigations made under the environmental impact report, a listing shall be provided which shall be all-inclusive, stipulating the licenses, permits and approvals needed to be furnished by federal, state, county or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The impact report shall include, as a result thereof, the conclusions and comments of all concerned government officials and agencies. All appropriate correspondence between the applicant and these officials and agencies shall be included in the report.

A listing and evaluation shall be included regarding those adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site and off-tract impact shall also be set forth and evaluated.

A description of steps to be taken to minimize adverse environmental impacts during construction and operation both at the development site and in the surrounding region shall be included, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the steps to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the developer must undertake to successfully implement the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using the terms "shall be," "must," etc.

A statement shall be included concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed development. Alternatives shall be set forth which might avoid some or all of the adverse environmental effects, including a nonaction alternative.

The approving authority shall review, for adequacy and completeness, the environmental impact report as a part of its underlying function with respect to its review of the development. In reaching a decision, the approving authority shall take into consideration the effect of the applicant's proposed development upon all aspects of the environment as outlined above, as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.

Notwithstanding the foregoing, the approving authority may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

An environmental impact report, as required herein, shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law.

§ 102-56 Existing conditions.

Except as otherwise specified herein for existing nonconforming uses, structures, sites or lots, they may continue, but not be expanded, so long as they enjoy prior lawful nonconforming status, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

§ 102-57 Fences and walls.

See § 102-73, Sight triangles, fences and walls.

§ 102-58 Fire protection.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls on nonresidential structures as approved by the Municipal Fire Department or the Municipal Engineer and in accordance with Fire Insurance Rating Organization Standards.

Where streams or ponds exist or are proposed on lands to be developed, facilities shall, at the request of the approving authority, be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and shall be in accordance with Fire Insurance Rating Organization Standards.

§ 102-59 (Reserved) [1]

Editor's Note: Former § 102-59, Floodplain regulations, was repealed 7-20-2022 by Ord. No. 2022-10. See Ch. 127, Flood Damage Prevention.

§ 102-60 Grading and filling.

All lots being filled shall be filled with clean fill and/or topsoil which fulfills the purpose of the intended use and in such a manner as to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No stripping and removal from the site of topsoil is permitted without Planning Board or Township Administrator approval. Before fill is applied, topsoil shall be stripped, stored temporarily on site and redistributed on site. A minimum of four inches of topsoil shall be applied to all stripped and/or filled areas. Dirt (i.e., topsoil and fill) added to a site from off site shall be approved as acceptable by the Township Engineer. The Township Engineer shall, before the dirt is moved, inspect it at the source location and shall monitor the moving and placement operations. If the Township Engineer has reason to question if the dirt is contaminated or does not meet the needs for the use intended, he or she may require appropriate tests at the expense of the applicant or other remedial measures and/or may not approve the dirt for the intended use.

Starting from the time preliminary major subdivision or site plan approval is granted and continuing until the associated maintenance bond has been released, no garbage, paper, wood, concrete, trees, building material or similar waste material shall be buried on the lands covered by the aforementioned approvals. The site shall be maintained in a manner consistent with good housekeeping.

§ 102-61 Height limits.

[Amended 8-16-2006; 2-13-2013]

Architectural features or roof structures for the housing and screening of stairways, tanks, ventilating fans, heating and air-conditioning equipment or similar equipment required to operate and maintain the building or parapet walls, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted in the district, provided that such feature does not exceed 15% of the building projection as determined by § 102-87, Note 1, except that farm silos shall have no height restrictions. Architectural features shall be used to shield such items from public view to the maximum practical extent.

[Amended 2-28-2018]

Building height for a single-family dwelling on a ten-acre or larger lot in the AG Agricultural Zone may increase to a maximum of 40 feet in height and 2 1/2 stories, provided that the minimum required front, each side and rear yard setback requirements shall be increased by a minimum of five feet for each foot or portion thereof by which the dwelling exceeds 35 feet in building height.

§ 102-62 Monuments.

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the plats for minor subdivisions and on the preliminary and final plats for major subdivisions. All lot corners shall be marked with a monument or with a solid metal alloy pin of permanent character having a minimum length of two feet and a minimum diameter of 3/4 inch, said markers to be installed prior to granting of a certificate of occupancy or release of the performance guaranty. See monument requirements in §§ 102-38D(17)(a)[12], 102-91B(5)(h), 102-69B(6) and 102-69C.

§ 102-63 Natural features.

Natural features such as trees, brooks, swamps, wetlands, steep slopes, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected specimen trees and other areas of mature plant growth in order to maintain soil stability.

§ 102-64 Nonconforming structures, lots, sites and uses.

Except as otherwise provided in this chapter, the lawful use of land, buildings, sites or structures existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by the zoning provisions of this chapter for the zoning district in which such land, buildings or structures are located; provided, however, that no existing buildings, structures or sites devoted to a use not permitted or having any yard violations or other violations to this chapter in the zoning district in which such buildings, sites or structures are located shall be enlarged, extended, enclosed, modified, constructed, reconstructed, substituted, relocated, erected, changed to another use or structurally altered except in conformity with the regulations of this chapter for the zoning district in which such buildings or structures are located. Also, any lot, site or structure already nonconforming shall not be made more nonconforming in any manner.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or tenant or if the owner or tenant shall fail to use the structure or land for the nonconforming use for a period of 12 consecutive months. Thereafter, the use of such structure and/or land shall be in conformity with this chapter.

Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

Restoration. Any nonconforming structure or use which has been destroyed by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: the Township Construction Official; the owner or an architect or engineer selected by the owner; and a third person agreed to by the Township Construction Official and the owner, whose fees shall be agreed to and shall be paid in equal portions by the Township and the owner. If, in the opinion of a majority of the above three people, the damage is greater than 50%, the structure or use shall be considered completely destroyed and may be rebuilt as a nonconforming structure, lot or use only upon approval of a variance. The total value of the structure shall be based on the current cost of replacing the entire existing structure. The value of the portion damaged shall then be the current replacement costs computed as a percentage of the current total value of the structures as outlined above.

Repairs and maintenance. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.

Sales. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that the other provisions of this section are met.

Existing structures on existing undersize lots of record; lots with dimensional violations; structures having existing setback violations. On any existing lot on which a building or structure is located and where the lot does not meet the minimum lot size or dimensional requirements or the existing setbacks do not conform to the minimum setback requirements, additions may be made to the principal building, and/or the construction of an accessory building shall be allowed without an appeal to the Zoning Board of Adjustment, provided that the existing and proposed use are permitted in the zoning district in which the building or structure is located; the total permitted building and lot coverage is not exceeded; and any proposed accessory building(s), and/or any additions to a principal building do not violate any requirements of this chapter, such as, but not limited to, area, height, setback and parking. See § 102-81, Undersized lots of record.

§ 102-65 Off-site and off-tract improvements.

Before a final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility service plan as part of the Master Plan, the installation or the furnishing of a performance guaranty in lieu thereof of any or all of the following off-site and off-tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water systems, sewerage, drainage facilities and easements therefor.

Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

The governing body shall determine as to each required improvement whether they are to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.

The financing and construction of the improvements shall be arranged in one of the following manners:

If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality by certified check prior to final approval of the plan.

If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, as allowed by law, the developer shall be paid the municipality's share in accordance with the terms of the construction contract and the completion of the work shall be guaranteed by the developer in an amount and under the terms set forth in § 102-16, Guaranties and inspections, in Article IV.

§ 102-66 Performance standards.

Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.

Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare will not become a nuisance to adjoining properties, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses without approval from the approving authority.

Noise.

Noise limits; measurement.

At no point on the boundary or outside the property from where the noise source emanates shall the sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, short-term operations involved in the construction or demolition of structures, emergency alarm signals or time signals) exceed the decibel levels in the designated octave bands as stated below.

The sound-pressure level shall be measured with a sound-level meter meeting the specifications of S1.4-1971 and an octave-band filter set meeting the specifications of S1.11-1966, both specifications of the American National Standard Institute, New York, New York, as amended.

If the noise will be incapable of being measured with the sound-level meter and octave-band analyzer, then the noise shall be measured by substituting an impact noise analyzer (General Radio Company, Type 1556 A-1955, or equivalent) for the octave-band analyzer to determine the peak value of the impact.

In cases where there is serious question whether a noise will be of nuisance outside the property lines containing it and if the noise is incapable of being measured with an impact analyzer, then the noise-producing activity shall not be permitted. If the noise source is already in existence, the noise shall be controlled to eliminate the nuisance.

The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 7:30 p.m. and 7:30 a.m. (Source: Public Health News, New Jersey Department of Health, November 1963).

	Octave Frequency Band (cycles per sound)	Maximum Permitted Sound-Pressure Level (at the property line or along) any public right-of-way within the property, in (decibels)
	0 to 75	69
	75 to 150	54
	150 to 300	47
	300 to 600	41
	600 to 1200	37
	1200 to 2400	34
	2400 to 4800	31
	Above 4800	28
	NOTE: Reference 0.0002 dynes per square centimeter.

If the noise is not smooth and continuous or it is not radiated at nighttime, one or more of the corrections below shall be added or subtracted from each of the decibel levels given above to determine the maximum allowed.

	Type of Operation or Character of Noise	Correction (decibels)
	Daytime operation only, 7:30 a.m. to 10:00 p.m.	+5
	Noise occurs less than 20% of any one-hour period	+5*
	Noise occurs less than 5% of any one-hour period	+10*
	Noise occurs less than 1% of any one-hour period	+20*
	Noise is of peculiar character (hum, scream, etc.) or is of impulsive character (hammering, pressure release, etc.). In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.	-5
	*NOTE: Apply only one of these corrections per site.

Odor. Odors shall not be discernible at the lot line or beyond.

Storage and waste disposal.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy or heating devices or to appliances located and operated on the same lot upon which the tanks or drums of fuel are located.

All storage facilities shall be enclosed in a building.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or underground aquifer.

All materials or wastes, except animal waste, which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. Animal waste may be stored out of doors if appropriate measures are taken to prevent health hazards and water contamination.

No toxic waste shall be stored on site without approval of the approving authority or the Township Committee.

Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of short-term construction activity. The standards below are as set forth in the table of frequency amplitude relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

	Frequency of Ground Motion (cycles per second)	Maximum Amplitude of Ground Motion (inches, not more than)
	Up to 10	.0305
	10 to 20	.0153
	20 to 30	.0102
	30 to 40	.0076
	40 to 50	.0061
	50 to 60	.0051

§ 102-67 (Reserved) [1]

Editor's Note: Former § 102-67, Principal use, was repealed 11-16-1998. See now § 102-46.2.

§ 102-68 Prior approved construction and uses.

Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any construction permit or site plan approval has been lawfully granted before the enactment of this chapter, but that does not meet all the requirements of this chapter, provided that such approved construction and/or development on the approved plats shall have been started within one year after the enactment of this chapter and shall be diligently pursued to completion. The approving authority may extend the time limit for good cause.

§ 102-69 Public use, service areas and easements.

In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide and located in consultation with the companies or Township departments and authorities concerned and, to the tidiest extent possible, centered on or adjacent to rear or side lot lines.

[Amended 4-26-2006]

Where a minor or major subdivision or site plan is traversed by a watercourse, surface or underground drainageway system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourse or drainage system and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Township and, in addition thereto, a minimum of 15 feet beyond the drainage pipe or bank top on at least one side for access to the drainage system and a minimum of five feet on the other side and, in any event, meeting any minimum widths and locations shown on the adopted Official Map or Master Plan. The purpose of this easement is to protect the integrity and usefulness of the drainage system and to provide access for Township employees or its agents and their vehicles to alter, rebuild, replace, clean, inspect and maintain the drainage structures and system.

Such easement dedication shall be expressed on the plat as follows: "Drainage and utility right-of-way easement granted to the Township of Colts Neck for the purpose provided for and expressed in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck." No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structure be located within such area, nor shall any action be taken which may alter or impair the effectiveness of present or future drainage facilities or the purpose of the easement or cause soil erosion without prior approving authority or the Township Engineer's written approval. The Township shall not be liable for replacing any trees or shrubs, pavement or other improvements destroyed or damaged as a result of carrying out the purpose of the easement.

Conservation, open space, drainage and utility right-of-way easements. Where a minor or major development is traversed by a watercourse, open drainageway, swale, channel, stream, wetland, transition area or special water resource protection area; where the Master Plan, Official Map or Natural Resources Inventory of the Township of Colts Neck or Chapter 127, Flood Damage Prevention, delineates a floodplain or conservation easement; or for the purpose of preserving trees and other natural growth of special significance, wetlands, ponds, steep slopes and gully areas or to prevent erosion and/or for preserving and providing an open space buffer along lot lines as applicable and desirable for specific subdivision and site plan locations and layouts, a conservation, open space, drainage or utility right-of-way easement shall be furnished to the Township by the developer. See also § 102-77C.

[Amended 5-25-2005]

The easement shall extend on both sides and shall follow the general course of the watercourse, open drainageway, wetlands and wetland buffers, channel or stream and other areas subject to this type of easement and shall extend from the center line of said course and a line approximately parallel to the top of the bank or edge of environmentally sensitive area, a minimum of 25 feet distance back from it. Required wetland transition areas and special water resource protection areas shall be included in this easement.

This easement is granted for the purposes provided for and expressed in this section and in the definition of the term "conservation, open space, drainage and utility right-of-way easement and drainage and utility easement."

This easement prohibits the removal of trees and ground cover except for the following purposes: the installation and maintenance of municipal drainage facilities and public utilities and the removal of dead or diseased trees. Grass areas shown on an approved plat may be mowed, but areas covered with other forms of natural growth shall not be mowed or disturbed. Nothing shall be done in these areas that will allow soil erosion to occur.

The easements shall be indicated on the sketch, preliminary and final plats and shall be shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise in the future. In some cases, additional landscaping and trees may be required to complete the coverage.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines with standard in-ground monuments. Intersections with all side and rear lot lines and at all major deflection points shall be marked with greenway-type monuments as defined in § 102-91B(5)(h) herein. Such monuments shall be at a maximum spacing of 600 feet. In addition to the aforementioned permanent monuments, supplemental markers shall be installed along all greenway and aforementioned easement lines internal to the development where construction, grading or construction traffic may encroach on such areas. All of the above are to be installed prior to the issuance of any construction permit or the start of any landscaping work and are to be maintained until the maintenance bond is released.

Such easement dedication shall be expressed on the plat as follows: "Conservation, open space, drainage and utility right-of-way easement to which the indicated area is hereby made subject to is that provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."

No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structures be located within such area, nor shall any action be taken which will alter or impair the effectiveness of present or future drainage facilities or cause soil erosion without prior approving authority or Township Committee approval, in writing. Exceptions are that approved drainage and public utilities structures; approved development entranceway sign structures not exceeding six feet in height; and approved fences, other than cyclone wire or similar fence, which are found to be in keeping with the character of the associated development by the approving authority, but not walls, may be permitted in this easement area if shown on an approved plat.

Greenway access easement. To allow public access to greenway areas adjacent to lots in a development, an access easement may be required across one or more lots in a development. The access easement shall be so titled on the plat and referenced to the following note: "Access easement granting Colts Neck residence public, pedestrian access and access for municipally owned or authorized vehicles over and across the described lands to provide for ingress and egress to and from and for maintenance of the adjacent greenway area is granted to the Township of Colts Neck." This area shall also be landscaped and covered by a landscape easement as covered herein. These easements shall be covered by a deed of easement in a form acceptable to the approving authority attorney, and proof of recording with the County of Monmouth shall be provided. The access easement shall be monumented at the street lines, at the rear corners of adjacent lots and at the midpoints of the sides of the easement with greenway-type monuments covered in § 102-91B(5)(h).

Landscape easement.

The purpose of this easement is to preserve existing landscaped or wooded areas and/or to provide a developer-planted landscaped buffer area. Landscaping shall not be considered provided unless it is maintained in a healthy condition. See also § 102-77C.

The easement shall be indicated on the sketch, preliminary and final plats and shall be shown in such a manner that the boundaries thereof can be accurately determined.

The boundary line of any such easement shall be monumented with standard monuments at all intersections with existing and proposed streets and with greenway-type monuments [see § 102-91B(5)(h)] at all intersections with lot lines and at other intermediate deflection or other points as may be required by the approving authority.

The easement prohibits the removal of trees, shrubs and existing ground cover. If the approved plat shows part or all of the easement area to be grass-covered, that part only may be mowed.

If not densely wooded, the developer may be required to landscape the area with trees and shrubs and to plant it with grass or other specified ground cover to provide an all-season screen. Landscaping plans shall be prepared, signed and sealed by a licensed landscape architect.

No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structure be located or any action taken that would allow wind or water erosion within the easement. Exceptions are that approved municipal drainage and public utility structures; approved development entranceway sign structures not exceeding six feet in height; and approved fences, other than cyclone wire or similar fences, which are found to be in keeping with the character of the associated development by the approving authority, but not walls, may be permitted in this easement area if shown on an approved plat.

Such easement dedications shall be expressed on the plats as follows: "Landscaped easement to which the indicated area is hereby made subject to is that provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."

Where streams, ponds or pond sites either exist or are proposed, upon request by the approving authority, facilities shall be provided, where feasible, to draft water for Township fire-fighting purposes that are usable all seasons of the year. This shall include access to streets suitable for fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or on-tract development. Such facilities shall be constructed according to sound engineering principals as determined by the Township Engineer and in accordance with Fire Insurance Rating Organization Standards and covered by an appropriate easement.

Water supply.

Where public water is accessible, the developer shall construct water mains in such a manner as to make adequate water service available to each lot, use and dwelling unit within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or state agency having approving authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure.

Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.

Sanitary sewers and septic systems.

If a public treatment and collection system is accessible, the developer shall construct facilities in such a manner as to make public sewage facilities available to each use within the development.

Any treatment plant and collection system, including an individual lot septic system, shall be designed in accordance with the requirements of the state agency having jurisdiction and/or Township ordinance enforced by the Township Board of Health, whichever is more restrictive and shall be subject to approval by the Township Board of Health.

§ 102-70 Public utilities.

All public services shall be connected to an approved public utilities system where one exists. For all major developments, the developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connection in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. For minor developments, service connections shall be made underground where the supply lines that serve the lands being developed are underground. With the exception of electric, telephone, cable television and gas utilities, on major and minor developments, the developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance or intended full compliance with the provisions of this subsection; provided, however, that lots which, in such development(s), abut existing streets where overhead electric or telephone distribution supply lines may be supplied with electric, cable television and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

All installation under this section to be performed by a serving electric, telephone, cable television and gas utility shall be exempt from performance guaranties and inspection and certification by the Township Engineer; all others require bonding and inspection. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, the applicant shall provide sufficient live screening to conceal such apparatus year-round to the maximum extent practicable. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 102-13, Exceptions, in Article IV.

§ 102-70.1 Scenic corridors.

[Added 5-25-2005]

Purpose. Scenic roads are irreplaceable resources and their destruction or alteration will have an adverse impact on the Township's historic and scenic heritage. In 2001 the Monmouth County Planning Board adopted the Monmouth County Scenic Roadway Plan. The purpose of the plan is to identify those roads, or sections of roadways, that possess such a high degree of visual quality that driving, biking or walking along these roadways is a pleasurable and enjoyable experience. The plan offers alternative design guidelines for roadways that are identified as "scenic" for use in the Monmouth County Planning Board's development review process. The purpose and goals of the Monmouth County Scenic Roadway Plan are included as part of this section. An additional purpose of this section is to establish standards and procedures for regulating and preserving the Township's scenic roads for the benefit of present and future generations.

A scenic viewshed boundary shall be established along all scenic corridors. In the AG Agricultural District the depth of the scenic viewshed boundary shall be 250 feet. In all other zones the depth of the scenic viewshed boundary shall be 150 feet.

The following standards shall apply to development within the scenic viewshed boundary (excluding agricultural development) to maintain the rural character of the scenic corridor.

Existing structures such as barns, historic structures or significant older buildings should be enhanced, preserved and incorporated into subdivision and site plan designs.

Existing streets should remain with minimal widening only to eliminate dangerous and unsafe conditions. No new curbs or sidewalks should be permitted on existing streets.

Natural features such as topography, vegetation, streams, ponds and wetlands shall be preserved.

Clear-cutting of wooded areas for new developments are prohibited. Selective thinning of dead or diseased trees to promote a more desirable growth is permissible.

Placement of new principal or accessory structures resulting from subdivision or site plan applications are prohibited in the scenic viewshed boundary. This requirement can be waived by the approving authority upon a finding that by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an exceptional situation uniquely affecting a specific piece of property or structures lawfully existing thereon strict application of this requirement would result in peculiar and exceptional practical difficulties. New principal or accessory structures on existing isolated lots are permissible.

All subdivisions or site plan applications along scenic corridors shall submit a plan that identifies all existing and proposed trees, shrubs, ground cover, natural and man-made features, specimen trees, open fields, scenic vistas or other natural or man-made elements. The plan shall identify items that contribute to the scenic corridor and demonstrate that the scenic corridor will remain after completion of the development.

Agricultural activities on commercial farms are exempted from the scenic viewshed boundary regulations.

Monmouth County roads designated as scenic corridors include all roads identified in the Monmouth County Scenic Roadway Plan prepared by the Monmouth County Planning Board adopted September 17, 2001, and as amended by the County Planning Board.

Municipal roads designated as scenic corridors include Bucks Mill Road, Boundary Road (Big Brook to Route 520), Clover Hill Lane, Clover Hill Road, Conover Road (from Heyers Mill Road to Laird Road), Creamery Road, Cross Road, Heyers Mill Road, Hillsdale Road, Hockhockson Road, Laird Road, Lakeside Avenue, Long Bridge Road, Matthews Road, Mercer Road, Montrose Road, Muhlenbrink Road, Revolutionary Road, Squankum Road, Obre Road, Water Street, Willowbrook Road and Woods End Road.

§ 102-71 Shade trees, wooded areas and landscaping.

[Amended 12-29-1999; 10-11-2017]

Nursery-grown shade trees shall be planted between 50 and 60 feet apart and 20 feet from the curbline. Shade trees shall not be planted within 25 feet of an aboveground electrical or telephone line. All shade trees shall have a minimum caliper of 2 1/2 inches measured six inches above the ground line and shall be of a height typical of the species and consistent with the ANSI 260 (latest edition) American Standard Nursery Stock as published by the American Association of Nurserymen, shall be of a species specified in the requisite agency approval and shall be planted in accordance with said approvals. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case, if practicable, these lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means. Upon request, proof of variety shall be provided by the developer before the performance guaranty is released. Inspections shall be made by the Township Engineer in accordance with § 102-16F.

When a developer is required to replace dead, missing or defective shade trees, the replacement trees shall be of a caliber and height equal to or greater than that of the four nearest shade trees that have passed inspection. All landscaping plans must be drawn, signed and sealed by a licensed landscape architect and/or engineer. Required landscaping on private property shall not be considered to have been provided unless it is maintained in good health and in an attractive manner by the owner.

Wooded areas and specimen trees. It is the purpose of these provisions to encourage site designs that preserve existing wooded areas and specimen trees. As part of a major subdivision or major site plan application the boundaries of existing wooded areas shall be delineated. Outside those wooded areas, individual, healthy shade trees of ten-inch caliper or larger, healthy specimen trees of ten-inch caliper or greater and individual healthy ornamental trees of four-inch caliper or greater shall be identified. The placement of buildings, and other site improvements, shall take into consideration the location and quality of these wooded areas and individual trees, and, to the maximum extent practical, buildings, pavement and other site improvements shall be located to preserve as much of the natural condition as possible. For purposes of grading and related site work, plans shall show the limits of clearing and grading in relation to the wooded areas and specimen trees.

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

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.

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

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-high whips.

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

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

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

Plantings shall not be located within 20 feet of stormwater structures to allow for maintenance.

The perimeter area (slopes above the high water line) shall include trees (one per 50 linear feet), evergreen trees (one per 200 linear feet) and flowering trees and shrubs lining the entire perimeter and screening drainage structures and creating visual interest.

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.

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.

Recreation/open space feature. This landscape concept is appropriate in situations where a basin is part of an open space area, adjacent to existing recreational open space or part of a mowed lawn area. 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.

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.

Provide perimeter plants, 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.

Integrate buffer plantings with perimeter plantings where applicable.

The following are minimum standards for plant quantities and sizes:

Type	Size
Shade trees	2-inch caliper at 1 per 500 linear feet of basin perimeter
Evergreen trees	6-foot height at 1 per 200 linear feet of basin perimeter
Understory trees	2-inch caliper or 8-foot height at 1 per 200 linear feet of basin perimeter
Shrubs	As appropriate to screen public views of the basin and drainage structures

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

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.

Water fountain/features are encouraged in the design of office, commercial or multifamily residential developments.

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.

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

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.

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.

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

§ 102-71.1 Site investigation and soil sampling; preliminary assessment.

[Added 3-28-2012; amended 12-14-2016 by Ord. No. 2016-22]

Site investigation and soil sampling.

Findings: sampling requirements. 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 major residential subdivision or site plan applications prior to any Board approval, the purpose of which shall be to determine if contamination is present at levels exceeding the Technical Requirements for Site Remediation, N.J.A.C. 7:26E et seq., herein referred to as the Technical Rules and the New Jersey Department of Environmental Protection Residential Direct Contact Remediation Standard (RDCRS) (N.J.A.C. 7:26D et seq., latest version).

Applicability. Prior to any preliminary major subdivision or preliminary major site plan application being deemed complete by the approving authority for a residential development, all of the soil testing requirements outlined in this section shall be filed as part of the application. The Board Engineer and Colts Neck Township Environmental Commission shall review and comment on the results of the soil testing. The assessment of the property shall follow all NJDEP rules, regulations and guidelines. The results of the assessment 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 response action outcome (RAO).

Standards for sampling.

State guidelines. Site investigation sampling shall be conducted pursuant to the New Jersey Department of Environmental Protection Field Sampling Procedures Manual (latest revised) and analysis conducted by a New Jersey certified independent laboratory pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E et seq., 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 complete preliminary assessment and site investigation report shall be submitted for review.

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 pursuant to the Technical Rules along with a detailed report summarizing the result of each sample. The site investigation sampling plan shall be prepared pursuant to NJDEP Technical Rules.

Sampling locations. Sampling frequency and locations shall be in accordance with the Technical Rules.

Site investigation soil. The site investigation shall satisfy the following requirements for all preliminary assessment and site investigation per the Technical Rules.

A survey for buried drums, tanks or waste using test pits, ground penetrating radar, magnetometry electromagnetics or other techniques capable of detecting metal containers and other waste to an average depth of 20 feet or deeper shall be conducted if:

There have been any reports of buried drums, tanks or waste;

Groundwater contamination is detected and no source has been identified; or

Aerial photographic history of the site indicates the presence of drums, tanks or waste in or adjacent to regraded and/or filled areas.

Soil samples shall be collected pursuant to the Technical Rules for a site investigation and to provide a profile of subsurface conditions. The profile shall meet the following;

Logs shall be prepared for all soil samples to document subsurface conditions including, without limitation, soil types and description of non-soil materials, field instrument measurements, depth to groundwater, if groundwater is encountered and document, if present, soil mottling, presence of odor, vapors, soil discoloration and free and/or residual product, as determined pursuant to N.J.A.C. 7:26E-2.1(a)14;

Soil shall be classified according to one of the standard systems (for example, Burmeister, Unified, or United States Department of Agriculture);

All borings shall be performed in accordance with the Subsurface and Percolating Waters Act, N.J.S.A. 58:4A-4.1 et seq. In addition, a soil boring permit shall be obtained from the Department prior to drilling any soil boring greater than 25 feet below grade. For soil borings to a depth of less than 25 feet below grade, the Department recommends soil not be returned to the boring hole. If contaminated materials are returned to the boring hole, then the person responsible for conducting the remediation shall address the presence of this contamination as part of the remedial action workplan; and

Soil sample locations may be photo documented, but will be shown on a base map that meets the NJDEP's Technical Rules.

Initial characterization soil samples (except samples being analyzed for lead and arsenic) shall be collected at zero to six inches below grade except as required pursuant to the Technical Rules.

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 to the RDCRS.

Remediation of contaminated sites. In the event that the remediation of the subject property is required, the Planning Board or Zoning Board of Adjustment shall require as a condition of approval to the development application that the developer obtain a response action outcome (RAO) as precondition to recording the final plat in the County Clerk's office or release of the signed final major site plan. If a residential lot is to be sold prior to the NJDEP audit and final approval of the ROA, the contract of sale shall contain a disclosure notice to be initialed by the contract purchaser indicating that the pending NJDEP audit and final approval may result in the modification or rejection of the ROA.

Preliminary assessment (Phase I).

Preliminary assessment of the proposed development site is required to be submitted as part of all applications for preliminary major site plan approval or preliminary major subdivision approval.

A preliminary assessment and preliminary assessment report shall be conducted in accordance with the requirements and standards set forth in N.J.A.C. 7:26E-3.1 and 7:26E-3.2 of the regulations of the New Jersey Department of Environmental Protection or any successor regulation.

Qualifications of persons performing preliminary assessment. The individual who conducts the preliminary assessment and prepares the preliminary assessment report shall provide a resume or curriculum vitae as part of the report in order to demonstrate that the persons conducting the preliminary assessment are qualified to do so based upon education and previous project experience to the satisfaction of the Planning Board or Zoning Board of Adjustment.

Remediation of contaminated sites. In the event that the remediation of the subject property is required, the Planning Board or Zoning Board of Adjustment shall require as a condition of approval to the development application that the developer to obtain a response action outcome (RAO) as precondition to recording the final plat in the County Clerk's office or release of the signed final major site plan. If a residential lot is to be sold prior to the NJDEP audit and final approval of the ROA, the contract of sale shall contain a disclosure notice to be initialed by the contract purchaser indicating that the pending NJDEP audit and final approval may result in the modification or rejection of the ROA.

§ 102-72 Sidewalks.

Sidewalks shall be constructed of portland cement concrete. The concrete shall have a compressive strength of 3,500 pounds per square inch after 28 days. Where required, sidewalks shall not be less than four inches in thickness, except at driveways they shall not be less than six inches in thickness. A performed bituminous expansion joint filler 1/2 inch thick shall be installed every 20 feet. The finish shall be a float finish, with the edges finished with a suitable finishing tool.

§ 102-73 Sight triangles, fences and walls.

[Amended 12-29-1999]

Fences and walls hereafter erected, altered or reconstructed in any zone shall require a permit and shall be subject to the following restrictions:

All supporting members of a fence shall be located on the inside of a fence and, if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

Fences surrounding residential and commercial uses may be painted, but in no more than one color, harmonious with the surrounding area. Fences surrounding agricultural uses may be painted, but in no more than two colors, harmonious with the surrounding area. Multicolored fences are prohibited in all zoning districts.

Fences shall be erected in such a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

Height permitted in residential zones. Fences in residential zones may be erected, altered or reconstructed to a height not to exceed six feet above natural ground level, except that no fence may be higher than four feet above natural ground level in any front yard area or between a front property line and the established principal building setback, whichever distance is greater, except as provided in §§ 102-57, 102-73, 102-84, 102-86, 102-89, 102-99, 102-101 and 102-119.

Height permitted in business zones. Fences in a business zone may be erected to a height not to exceed six feet above ground level in any yard.

Height permitted in industrial zones. Fences in an industrial zone may be erected to a height not to exceed six feet above ground level in any yard, except that open wire fences may be erected to a height not to exceed eight feet above ground level in a side or rear yard.

Placement. All fences must be erected entirely within the property lines and are further subject to the sight triangle provisions herein, except that an open metal or wire fence shall be permitted in a sight triangle such that adequate visibility is maintained within the sight triangle. In any district on a corner lot, sight triangle easements are required in addition to the right-of-way width in which no grading, planting, soil or structure shall be erected or maintained more than 2 1/2 feet in height above the street center line. The required sight triangle easement area and dimensions are defined on Plate No. 4 attached.[1] Such easement dedication shall be shown on the plat and labeled as follows: "Sight triangle easement to which the indicated area is hereby made subject to is that provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."

Editor's Note: Plate No. 4 is included at the end of this chapter.

No fence shall be erected in a public right-of-way.

Commercial farm regulations.

[Amended 8-11-2004]

On commercial farms only, open wire fences may be erected to a height not to exceed 10 feet in height when located more than 15 feet from a street line. Any other type of fence may be erected to a height not to exceed five feet when located within 25 feet of any street line and six feet when located more than 25 feet from a street line.

No zoning permit shall be required to be obtained prior to the construction, alteration or erection of any fence within a commercial farm which is to be located more than 25 feet from any street line.

Barbed wire fences, Barbed wire fences shall not be permitted except on farms and in an industrial zone. When used in an industrial zone, barbed wire may only be used when needed for security purposes and must be mounted on the top of a fence having a minimum height of six feet above ground level.

Electrically charged fences. Electrically charged fences may only be used on farms. All electrically charged fences shall be posted with signs designed to warn persons of their presence and nature.

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

Hazardous fences. No fence shall be erected which are embedded with or made of pieces of glass, sharpened metal or sharp or otherwise hazardous material, nor shall any fence be erected which is intended to wound or injure persons or animals, except as provided in Subsection J above.

Retaining wall. Nothing in this section shall be applied as to restrict the construction of a retaining wall necessary to retain earth at the level at which it existed at the time of the passage of this chapter.

Any fence constructed in a front yard setback must be constructed of materials or in such a manner as to permit visibility of the front yard area through the fence. Solid-style fencing materials, such as stockade-type fencing, are not permitted in any front yard set-back.

In the AG, A-5 and A-1 Zones one set of entrance piers/gates may be constructed along each side of a driveway in accordance with the following standards:

[Added 2-25-2004]

Maximum length per pier: 5% of the lot frontage.

Minimum setback and maximum height to the top of the pier, light or decorative element from natural ground level:

Portions of the entrance pier/gate that are five feet or less in height shall maintain a minimum one-foot setback from the front property line.

Portions of the entrance pier/gate that are six feet in height shall maintain a minimum eighteen-foot setback from the street edge of pavement or curbline.

Portions of the entrance pier/gate that are seven feet in height shall maintain a minimum thirty-foot setback from the street edge of pavement or curbline. No portion of the entrance pier or gate shall exceed seven feet in height.

Note: In between the five-foot and six-foot height limitation and in between the six-foot and seven-foot height limitation, the entrance pier height can be increased as long as the pier height does not exceed a projection line formed by connecting the two points. For instance, a maximum height of 6.5 feet would be allowed for the portion of the entrance pier that is 24 feet off the edge of pavement.

Minimum separation between each pier in a set: 13 feet.

When a property contains more than one driveway, additional sets of entrance piers are allowed for each driveway; however, no more than two sets of piers are allowed on each street. The length of the pier shall be the distance between the outer edges of the pier measured along the right-of-way line at right angles for straight streets and radial for curved streets.

In the A-2 and A-3 Zones, one set of entrance piers/gates may be constructed along each side of a driveway in accordance with the following standards:

[Added 2-25-2004]

Maximum length per pier: 5% of the property frontage.

Maximum height to top of pier, light or decorative element from natural ground level: five feet

Minimum setback from front property line: one foot.

Minimum separation between each pier in a set: 13 feet.

§ 102-74 Signs.

All signs, except temporary real estate signs, require Planning Board approval unless specifically stated otherwise herein. Modification or relocation of existing signs require reapproval.

§ 102-75 Soil erosion and sediment control.

Any land disturbance of 5,000 square feet or more of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a construction permit shall obtain site plan approval, except for cases covered by "site plan, exempt" in Article III.

All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surface in order to promote the safety, public health, convenience and general welfare of the community. Adequate measures shall be taken to prevent soil erosion products from entering any open or closed drainage systems, paved streets or greenways, conservation or landscaped areas, adjacent properties, lands dedicated to the Township, streams, ponds, lakes, floodplains, wetlands or similar areas.

Regulation. No major site plan or major subdivision shall be granted preliminary approval until the soil erosion and sediment control plan has been approved and incorporated in the preliminary plats. This information shall also be incorporated in the final plat.

Data required.

The applicant shall submit a soil erosion and sediment control plan which shall clearly establish the means for controlling soil erosion and sedimentation for each site or portion of a site when developed in stages.

The soil erosion and sediment control plan shall be reviewed as to completeness and effectiveness by the Township Engineer and approved by the approving authority. The applicant may consult with the County Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures. The applicant shall bear the final responsibility for the installation, construction, maintenance and cost of all required soil erosion and sediment control measures required.

The applicant shall submit to the approving authority a soil erosion and sediment control plan for each major subdivision and site plan. The plan shall contain:

The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics.

The location and description of proposed change to the site, including contours and spot elevations, showing existing and post-construction conditions.

Measures for soil erosion and sediment control which shall be equivalent to or exceed Standards for Soil Erosion and Sediment Control, adopted by the New Jersey State Soil Conservation Committee June 14, 1972, and by the Freehold Soil Conservation District January 31, 1973, as amended. Such standards shall be on file at the office of the Planning Board Administrative Officer.

A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.

All proposed revisions of data required shall be submitted for approval.

A description of means for maintenance of erosion and sediment control facilities during and after construction.

Review and approval. Erosion and sediment control plans shall be reviewed by the Municipal Engineer and the approving authority and approved as part of subdivision or site plan approvals when in conformance with the Standards for Soil Erosion and Sediment Control and this chapter. The Board may seek the assistance of the County Soil Conservation District in the review of such plans.

General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion;

Whenever feasible, natural vegetation shall be retained and protected;

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits;

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances;

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance;

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge;

Sediment shall be retained on site; and

Diversions, sediment basins and similar required structures shall be installed prior to or in proper sequence with any on-site grading or land disturbance, and plans and schedules for their ultimate disposition shall be provided.

Maintenance. All necessary erosion and sediment control measures installed under this section shall be adequately maintained until the maintenance guaranty is released.

Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:

Land disturbance associated with the construction of a single-family dwelling unit and agricultural buildings, unless such unit is a part of a proposed subdivision or site plan.

Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a construction permit.

Permeability tests and/or soil borings or similar activities.

§ 102-76 Soil removal and redistribution.

The excavation and grading for completion of a development shall be done in accordance with the approved plat which contains grading and soil erosion and sediment control provisions. Excavation of soil, other than that required for the construction of approved structures and supporting facilities, such as, but not limited to, streets, driveways and parking areas, shall be prohibited unless approved on a subdivision or site plan or a soil removal permit has been obtained. Regrading of property so as to redistribute such soil (fill) and/or topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted but shall be done in the following manner to minimize or eliminate the erosion of soil or degrading of the soil for horticultural purposes. Any application proposing any land or soil disturbance shall include on the plan the following: the means to control or prevent erosion, provide for sedimentation basin(s) for soil that does erode due to water and control drainage, dust and mud on the premises, as well as on abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by providing a minimum of four inches of topsoil; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare. See §§ 102-38D(17)(a)[5], 102-39D(3)(a)[3] and 102-60.

§ 102-77 Streets.

Major and minor developments shall be served by paved public streets with an all-weather base and pavement with an adequate crown. All proposed streets being proposed in the area included in the Route 34, Colts Neck, Highway Access Management Plan, as amended, shall be designed to conform to that Plan. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets. Streets shall be so oriented as to permit, consistent with the reasonable utilization of land, the building construction thereon to maximize solar gain. An applicant may request a waiver from the Planning Board or Board of Adjustment from the requirement of improving the abutting public road to the required municipal standards. The Board may require, as a condition of said waiver, that the applicant pay an amount determined by the Board as equivalent to the cost of said road improvements to the dedicated Road Construction and Reconstruction Fund, which is hereby established. The funds shall be held in the Fund for a period not exceeding eight years and may be used by the Township within that period for road improvement work having a reasonable nexus to the applicant's property. The applicant may apply to the Township Committee for the release of any unused funds, excluding interest earned, after eight years.

[Amended 8-13-1997; 4-26-2017]

Secondary collector streets shall be so designated as to discourage through traffic; local streets ending in culs-de-sac shall be used where practicable.

Dedication; waiver.

In all residential zones, all major developments bounding upon any freeway, primary arterial street, secondary collector street, that portion of the development abutting on said right-of-way to a depth of 75 feet therefrom and for the full length of the development shall be conveyed to the Township for public use to promote public safety and maintain open space and a rural atmosphere. The developer shall be required to landscape this area. No driveways shall be located in these areas unless specifically allowed herein or specifically noted on the approved development plats. The requirement that no driveways shall enter onto freeways, primary and secondary arterial or primary and secondary collector streets shall still apply, but may be waived for lots 30 acres or larger. Based on local site and neighborhood conditions, this seventy-five-foot dedication may be waived by the approving authority if the subject area is covered by a conservation, open space, drainage and utility right-of-way easement or a landscape easement; however, in such a case, the easement area cannot be counted as part of individual lot areas. In all cases, the setback from the existing street shall be a minimum of 125 feet. For other landscaping and buffer requirements in the AG Zone, see § 102-86F(3)(b)[1], Table A.

This dedication provision may also be waived for the A-1 Agricultural Residential Zone corner entranceway lots and for small corner entranceway lots (i.e., less than 10 acres) in the Agricultural Zone (AG Zone) developed under the ten-acre averaging provision if the applicant provides landscaping equivalent to that which would be provided if it were conveyed to the Township and if said area is made subject to a conservation, open space, drainage and right-of-way easement or a landscape easement as determined by the approving authority, and the corner lots must meet frontage, depth, width and area requirements without utilizing the easement area, and the entranceway corner lots front setback from the existing street shall be a minimum of 125 feet, and driveways shall not enter directly onto freeways, primary arterial, secondary arterial or primary or secondary collector streets. The developer is required to landscape the seventy-five-foot strip, unless the approving authority agrees that the existing natural plant and tree growth is adequate or for other reasons unique to the site. Landscaping plans shall be prepared by a licensed landscape architect and shall provide for an all season-screen buffer area. Each such person shall affix his or her name, title, address and signature and seal to such plans. On existing lots having frontage on all types of collector and arterial streets, the lots shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto other than a local street.

In all major and minor developments, the minimum street right-of-way shall be measured from the lot line and shall be in accordance with the following schedule:

					Two Utility Planter Strips
		Right-of- Way Width (feet)	Traffic Lanes No./Width (feet)	Both Shoulder widths Within Curbs (feet)	Width Outside Curb^1,3 (feet)	Width Between Curbs (feet)
Primary arterial		80	4 at 12	8	8	64
Secondary arterial		66	4 at 11	none	11	44
Primary collector		60	2 at 12	8	10	40
Secondary collector		56	2 at 18²	none	10	36
Local:
	With frontage lots	50	2 at 18²	none	7	36
	Without frontage lots⁴	50	2 at 12	none	13	24⁴
Local (rural residential develop- ment)⁵		50	2 at 12	none	13	24⁵
NOTES: ¹Shall be grass stabilized topsoil, minimum four inches thick.
²Areas adjacent to curb also serve as parking area.
³Or edge of pavement if no curbs are required.
⁴In developments having an access road that has no frontage lots, the developer may reduce the pavement width on this access road to 24 feet, in recognition that there will be no intersecting driveways and no demand for curbside parking. The intent is to reduce the cost of access roads in order to encourage developments in rural settings to locate the homes farther from the major road system. Where this design is used, the narrower road shall be a consistent width from its beginning up to the first residence, after which the applicable wider width shall be required throughout the development.
⁵Developments designed to meet the requirements of § 102-105.

No minor or major development 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 placed with the governing body under conditions approved by the approving authority.

In the event that a minor or major development adjoins or includes existing Township streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter, additional land along either or both sides of said street or road 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, sewage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way dedication granted to the Township of Colts Neck or State of New Jersey or County of Monmouth, where applicable, permitting the Township or state or county, where applicable, to enter upon these lands for the purposes provided for and expressed in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck." This statement on an approved plat shall in no way reduce the developer's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or shown on the plat and/or as provided for by any maintenance or performance guaranty. If the development is along one side only, 1/2 of the required extra width shall be dedicated. For a major development, that portion of the existing street or road adjoining or included within a development shall be improved, including excavation, grading, gravel base and surfacing in accordance with the street improvement standards of this chapter.

[Amended 8-13-1997]

Longitudinal grades of arterial and collector streets shall not exceed 4%. Longitudinal grades on other streets shall not exceed 10%. No street shall have a longitudinal grade of less than 1/2 of 1%.

Street intersections located in the area included in the Route 34, Colts Neck, Highway Access Management Plan shall be located and designed to conform to that Plan. In all other areas of the Township, intersections shall be as nearly at right angles as is possible and in no case shall be less than 60º. 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 if reasonably possible. Any development abutting an existing street shall be permitted only one new street connecting with the existing street, except where large frontages are present, in which case 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 a curve having a nominal radius of not less than 25 feet. In specific cases, based on local conditions, a larger radius may be required by the approving authority.

[Amended 8-13-1997]

For both major and minor developments, sight triangle easements shall be required at all intersections, in addition to the right-of-way width outlined above and in accordance with requirements and dimensions covered in § 102-73, Sight triangles, fences and walls (see illustrations in Plate No. 4 attached[1]). Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement to which the indicated area is hereby subject are the conditions as provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."

Editor's Note: Plate No. 4 is included at the end of this chapter.

Street jogs with center-line offsets of less than 150 feet shall be prohibited within a development and, if possible, to adjacent streets.

A tangent at least 100 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 by more than 10º they shall be connected by a curve with a radius conforming to standard engineering practice.

All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight difference. Sight distance shall be at least 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.

Dead-end streets.

It is desired that the street configuration be of a loop type or P type such that the end of the street is curved around and connected back onto the stem of the street. When the size or shape of the tract being subdivided is such that the layout of the loop cannot provide conforming lots within the central portion of the loop or P or, if for topographic, soil characteristics or other reasons acceptable to the approving authority, a loop or P-type street layout is not practical, then dead-end streets ending in a cul-de-sac shall be allowed. In a cluster development, a greenway area shall be provided in the center of the loop or P.

When culs-de-sac are provided, they shall be of the bulb type with a center landscape median as shown on Plate No. 5 attached.[2] A thirty-nine-foot curb radius shall be provided on the main portion of the central median bulb and a twenty-foot radius shall be provided at its tip. The center median shall be landscaped.

Editor's Note: Plate No. 5 is included at the end of this chapter.

If a dead-end street is of a temporary nature, provisions shall be made for removal of the cul-de-sac and reversion of the excess right-of-way to the adjoining properties when the street is extended.

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. Street names shall be assigned on preliminary major subdivision plats and names shall be approved by the approving agency.

Streets shall be constructed in accordance with the following schedule and specifications:

Primary arterial, secondary arterial and primary collector roads.

Pavement Area	Course	Material	Minium Compacted Thickness (inches)	Cross Slope
Traffic lanes
	Subbase	Compacted soils	---	2%
	Lower base	Dense graded aggregate	8	2%
	Base	Bituminous concrete base course	2 1/2	2%
	Surface	Bituminous concrete surface course	2	2%
Shoulders
	Subbase	Compacted soils	---	3%
	Lower base	Dense graded aggregate	4	3%
	Base	Bituminous stabilized base course	2 1/2	3%
	Surface	Bituminous concrete surface course	2	3%

Secondary collector, local and rural roads.

Pavement Area	Course	Material	Minium Compacted Thickness (inches)	Cross Slope
Traffic lanes
	Subbase	Compacted soils	---	2% 10 feet from center line
	Lower base	Dense graded aggregate	6	2% 10 feet from center line
	Base	Bituminous stabilized base course	2 1/2	3% balance
	Surface	Bituminous concrete surface course	1 1/2	3% balance
*NOTE: Defines cross-sectional slope of pavement surface toward curb or pavement edge.

The various pavement courses shall be constructed in accordance with the following specifications (see also § 102-60):

Subbase.

Subbase material shall consist of either natural soil which may be found at the subgrade elevation or soil obtained from the site or local sources and placed up to the subgrade elevation, which, in any event, shall possess good vertical drainage characteristics, shall be free of large masses of clay and shall be capable of being suitably compacted and stabilized prior to placement of the lower base course.

Where the Township Engineer determines that the subbase conditions of proposed streets are wet, springy or of such a nature that surfacing would be inadvisable without first stabilizing the subbase, the stabilization of the subbase shall be made in the following manner. The street shall be excavated to a depth that shall be a minimum of six inches below the lower base course. Where required by the Township Engineer, a system of subsurface drains shall be constructed beneath the surface of the road and connected to a suitable drain. Subbase material consisting of soil aggregate Type I-1, I-2, I-3 or I-5, as specified in Section 901 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction/1989 and amendments and supplements thereto, or bank-run sand and gravel containing not more than 1/2% of eluvial clay shall be placed a minimum of six inches thick under the proposed lower base. After the subbase and lower base material has been properly placed and compacted, the street pavement as described heretofore shall be constructed thereon.

Lower base course. Lower base course material shall consist of dense graded aggregate as specified in Section 901.08 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction/1989 and amendments and supplements thereto. The lower base course shall be constructed as specified in Section 301 of the above-cited Standard Specifications.

Bituminous stabilized base course. Bituminous stabilized based course shall be prepared and constructed in accordance with Sections 903, 904 and 304 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction/1989 and amendments and supplements thereto. Bituminous stabilized base shall be stone mix conforming to Mix I-2 as designated in Table 903-1 of the above-cited standard specifications.

Bituminous Concrete Surface Course - Bituminous concrete surface course shall be prepared and constructed in accordance with Sections 903, 904 & 404 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction - 1989, and amendments and supplements thereto. Bituminous Concrete Surface Course shall be FABC-1 Mix I-5 as designated in Table 903-1 of the above-cited standard specifications.

Curbing; gutters; backfill.

All streets shall be curbed unless specifically exempted herein or by the approving authority. See § 102-53 herein also. On all streets which are constructed with concrete curb or Belgian block curb, when the longitudinal grade is 3% or greater, a subsurface gutter drain shall be constructed and connected to a suitable drainage system.

The subsurface gutter drain shall consist of a perforated corrugated polyethylene tube (CPE tube) drainage pipe located in a stone trench. The stone trench shall extend from the base of curb out a minimum of 18 inches into the street and shall be 24 inches in depth below the pavement lower base course. The CPE tube shall be a minimum of four inches in diameter, covered with a filter fabric drain guard approved by the Township Engineer and located four inches above the bottom of the stone trench.

The stone backfill material shall be 3/8 inch broken stone which conforms with gradation of No. 8 course aggregate as specified in Table 901-1 of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction/1989, and amendments and supplements thereto.

On all streets which are constructed with concrete curb or Belgian block curb, when the longitudinal grade is 6% or greater, a two-foot-wide by eight-inch-deep concrete gutter shall be provided. The concrete gutter shall not be constructed separate but shall be constructed monistical with the curb. A one-inch pitch downward across the gutter toward the curb face shall be provided.

For any street without curbs, each successive course of pavement or stone lying underneath the bituminous concrete surface course shall extend on additional six inches beyond the overlying course.

In all developments subject to Subsection C above or the cluster development provisions, the approving authority may require paved bikepaths within the seventy-five-foot-wide dedicated land strip along existing streets in accordance with the considerations and requirements covered in § 102-88, Bikeways.

When the base course for major subdivision streets is installed, if the final surface is not immediately applied, bituminous pavement shall be used to build up areas around manholes and catch basins in streets with a uniform taper from the base course surface to the top edge of manholes and catch basins for a radius of a minimum of six feet around each manhole and catch basin.

On all lots, no grading, soil or structure, except mailboxes, higher than 2 1/2 feet above the street center line shall be located within the street right-of-way between the edge of the paved cartway and the street right-of-way line.

Where the design standards of this section conflict with the Route 34, Colts Neck, Highway Access Management Plan and that Plan is applicable to the situation before the approving authority of the Township, the Route 34, Colts Neck, Highway Access Management Plan shall supersede the Township standards to the extent of such inconsistency.

[Added 8-13-1997]

When underground drainage or utility installation is required or when curbing or pavement widening is required by subdivision or site development approvals within the right-of-way of existing streets, said construction shall be completed within 60 days from the date that construction commences within the existing right-of-way unless a longer time period is granted by the approving authority. All construction within existing street rights-of-way shall be totally completed before issuance of the first certificate of occupancy in residential developments or before the occupancy of any units in commercial or industrial sites.

[Added 12-29-1999]

§ 102-78 Street signs.

Street signs shall be provided and shall be of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the approving authority. All signs shall be installed free of visual obstruction. At all intersections, street signs shall be provided for both streets.

§ 102-79 Temporary civic activities.

Nothing in this chapter shall prevent local, temporary civic, Township Committee sponsored or approved activities, including associated signs to the extent that they do not constitute a safety hazard, such as fairs and carnivals, from being conducted in any zone provided that they are limited in duration to a maximum of 30 days.

§ 102-80 Trailers.

No trailer, truck trailer, storage trailer, auto trailer, trailer coach, travel trailer, mobile home, camper or similar vehicles or structures shall be used for dwelling purposes or as sleeping quarters for one or more persons or for the conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the temporary replacement of a damaged dwelling unit and for temporary use as a construction, sales and/or security office located on a site during active construction, provided that a temporary permit for a specified interval has been issued for its use by the Zoning Officer. For the damaged dwelling cases, the permitted interval shall run until the certificate of occupancy for the replacement building is issued or one year, whichever is less. For a construction, sales and/or security office in a development, the interval shall run until the last building in the development has received a certificate of occupancy or three years, whichever is less. In both cases, the trailer shall be located on the lot or in the development in which the construction is taking place. This section shall not be construed so as to prohibit the parking or storage of auto trailers and campers on private premises in residential districts, but such storage shall be located to conform with the yard requirements for an accessory building and other applicable requirements of this chapter; see §§ 102-84C(4) and 102-86D(9). Mobile homes shall be permitted on farms as provided in this chapter. Truck trailers used in the active operation of a farm but not for long-term storage (i.e., two months or longer) shall be permitted.

§ 102-80.1 Tree removal.

[Added 10-29-2008]

(The following provisions shall apply to the initial construction of a development and not to individual landowners once a certificate of occupancy is issued.)

No application for site plan or subdivision approval may be submitted to the approving authority on any lands where site clearing or clear cutting of trees occurred within five years preceding the application.

No tree with a diameter equal to or greater than 10 inches shall be removed as part of a subdivision or site plan application without approval by the approving authority.

In subdivision applications, trees with a DBH equal to or greater than 10 inches shall be saved within the minimum required principal building side and rear setback on each individual lot. This requirement does not include the enhanced side and rear setbacks associated with the ninety-foot rule (§ 102-87, Note 1). It is also encouraged, but not required, to save trees within the minimum required principal building front setback.

In site plan applications, trees with a DBH equal to or greater than 10 inches shall be saved within the minimum required principal building side and rear setback. It is encouraged, but not required, to save trees within the minimum principal building front setback.

The approving authority may grant a waiver to allow trees with a DBH equal to or greater than 10 inches to be removed in the principal building side and rear setbacks in site plan and subdivision applications where such removal is necessary.

[Amended 10-11-2017]

Where tree removal is allowed in Subsection E above, the applicant shall mitigate each tree removed by planting two replacement trees of species determined by the approving authority of not less than three inches in caliber within the subdivision or site plan. Replacement trees required by this section shall be in addition to any other landscaping required by the Development Regulations.

Tree protection.

Prior to any construction or land disturbance, all trees designated to be removed must be flagged and clearing areas delineated by protective snow fencing.

Tree protection snow fencing or other protective barrier acceptable to the approving authority shall be placed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey (latest edition).

[Amended 10-11-2017]

Tree protection snow fencing or other protective barrier shall remain in place until all construction activities are terminated.