Township of Ocean, NJ Design Standards

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

Arterial streets: 100 feet.

Collector streets: 80 feet.

Minor streets: 50 feet.

Subdivisions that adjoin or include existing streets that do not conform to widths, as shown on the master plan or official map or the street width requirements of this chapter, shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, half of the required extra width shall be dedicated.

Street design.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°.

Street jogs with center-line offsets of less than 150 feet shall be prohibited.

When connecting street lines deflect from each other at any one point by more than 19°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 500 feet for collector streets.

Dead-end streets (cul-de-sac) shall provide a turnaround at the end with a radius of not less than 50 feet at the property line. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

Grades. Grades of street shall not exceed 8% and shall be no less than 5%. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

Paving width. The paved roadway between curbs shall not be less than 30 feet. Greater width may be required if in the opinion of the engineer and Planning Board traffic or parking requirements indicate a need for increased width between curbs. The subdivider shall make provision for proper grading and stormwater runoff which shall include installation of storm sewers if necessary. Where storm sewers are required, plans therefor shall be submitted to the Township Engineer and approved prior to the approval of any map of any lands.

Street and road excavation. Street and road excavation shall include the work of cleaning and grubbing within the limits of the right-of-way and outside thereof, within slope areas to be graded, or as otherwise prescribed. The ground surface shall be cleared of trees, brush, weeds, roots, matted leaves, debris and other unsuitable matter before street and roadway subgrade operations are commenced. Tree stumps shall be grubbed out within the areas to be graded where the subgrade will be less than 3 1/2 feet above the ground surface. Elsewhere, they may remain extending not more than one foot above the ground surface.

Debris. Materials accumulated by clearing, grubbing and excavation, as above described, shall be burned or otherwise disposed of by the developer, contractor or subcontractor, in a manner satisfactory to the engineer, except that materials suitable for embankment shall be used for that purpose, if needed, therefor. Burying of above materials shall not be permitted in any case.

The Township Building Inspector shall keep a constant check on debris from subdivision of land and construction of buildings and shall not permit accumulation in any real estate development. In the event that there is any substantial accumulation of such debris in any development, the Building Inspector shall forthwith give written notice to the developer to remove such debris from the real estate development. If not promptly removed, the Building Inspector is authorized and directed to refrain from giving certificates of occupancy for buildings in the development and to refrain from issuing building permits until the debris is cleaned up and removed from the development.

Street and road embankment. Embankment material shall be suitable therefor and shall be free from stumps, wood, brush, roots, sod, rubbish, garbage and other matter that may decay. Before placing the embankment materials, the underlying ground surface shall be stripped to a depth of not less than four inches and the stripped surface shall be compacted by rolling. Embankment shall be formed in successive layers, and each layer shall be thoroughly compacted to the satisfaction of the engineer.

Subgrade construction.

Subgrade construction shall be done after the underlying drains and other subsurface structures have been placed, and the backfill thereof has been properly consolidated. Unstable places of embankment within the subgrade area shall be excavated, refilled with suitable material and consolidated.

The subgrade shall be shaped to conform to the required grade and contour and shall be thoroughly consolidated.

Low spots shall be filled in; high spots shall be scraped off. The finished subgrade shall be at the proper grade and contour, firm, smooth and properly drained and shall be so maintained until the gravel pavement is placed thereon.

There shall be a six-inch compacted gravel base course. Compaction shall be done by proper equipment suitable to accomplish such purpose.

Concurrently with compaction operations, the gravel surface shall be worked and shaped by road scrapers. Areas deficient in density or stability, or having a tendency to ravel, shall be repaired as the engineer may direct, and material that does not compact properly shall be replaced with suitable gravel.

Two course bituminous concrete pavement. Construction and materials shall be in conformance with the New Jersey Department of Transportation Standard Specifications, 1961, and addenda thereto. To be installed shall be the following:

Two inches of bituminous concrete stabilized base course. All subsurface utilities, laterals and other subsurface structures must be installed prior to construction of this base course.

One-inch bituminous concrete surface course, TYPE SM-1.

Pavement shall be as nearly continuous as possible and when adjoining prior strips laid, shall be properly bonded.

Approval of Township Engineer. All road work shall be subject to the supervision, inspection and approval of the Township Engineer.

Street names. No street shall have a name which will duplicate or so nearly duplicate as to confuse same with the names of existing streets. The continuation of an existing street shall have the same name.

Frontage on improved street.

Except as otherwise provided in the ordinance codified in this chapter, every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements for improved public streets or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter, unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.

Where a building lot has frontage on a street which the master plan or the official map of the Township indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.

Access to every lot shall conform to the standards of the State Highway Access Management Code or any county or municipal access management code adopted.

Application of provisions.

This section shall apply to those circumstances where the property in question is not subject to the provisions of the land use chapter. No approvals or relief shall be granted under this section to an applicant who attempts, through subterfuge or other means, to circumvent the provisions of the land use chapter.

A street constructed in accordance with the provisions of this section shall not be considered to have been formally accepted by the Township Committee unless done so by resolution, the intent of this section being to establish a standard for construction of a road or street accommodating emergency vehicles where a variance or approval has been granted by the Board of Adjustment pursuant to N.J.S.A. 40:55D-36. The standard may be modified for just cause by the land use board provided for in the statute. Any subsequent applicant for a building permit along such street or road constructed by a prior applicant, which has not been formally accepted by the Township Committee, shall also be required to obtain a variance from the Board of Adjustment in order to determine if any additional conditions and standards should be imposed upon the subsequent applicant, to determine whether the subsequent applicant is attempting to circumvent the provisions of this section, to determine the present status and condition of the gravel street or roadway and determine whether the applicant should now construct the roadway to the specifications of this chapter.

Semi-improved streets and impact fees.

A single-family residential dwelling may be permitted to be built upon a lot on a public street which is semi-improved, provided that the following terms and conditions are complied with:

The Township Engineer shall determine that the right-of-way of such street abutting such lot is of the width required in this section and will allow for the future installation of curbs. In certifying conformance with the foregoing, the Township Engineer shall consider the potential availability of a right-of-way from property owners directly opposite from the lot in question and for the entire length of such semi-improved street as to allow for the future orderly development of the immediate area and the street.

The lot upon which a building is proposed shall have access along a semi-improved street to the public street system of the Township. Nothing in this section shall prevent a property owner from improving an unimproved roadway to the status of a semi-improved roadway in order to comply with this requirement.

SEMI-IMPROVED PUBLIC STREET

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

IMPROVED PUBLIC STREET

A street meeting all of the requirements of this section of the revised general ordinances of the Township of Ocean.

A street which does not meet the minimum requirements of this section, but for which the cartway width is at least 12 feet wide, has been cleared of all trees, stumps and impediments, with a surface that consists of a dense-graded aggregate material at least eight inches thick.

UNIMPROVED PUBLIC STREET

A street shown on the Tax Maps of the Township of Ocean, which does not meet the minimum requirements of a semi-improved public street.

Procedures.

The applicant for a building permit on a semi-improved street must receive from the Township Engineer a certification, in writing, that such semi-improved street, as defined in this section, provides access from such lot to the presently existing public street system and that the portion of the semi-improved street upon which the lot abuts conforms to the definition of a semi-improved street defined under the foregoing subsection. Such certification must be received prior to the issuance of a building permit and must be secured at the sole expense of the applicant, which will include all reasonable legal, engineering and inspection fees as shall be necessary. An initial escrow fee of $500 shall be deposited with the Township prior to any such inspection by the Township Engineer, which initial deposit shall defray all or a part of the actual cost of such inspections and estimates by the Township Engineer and the review of the Township Attorney, as set forth in this section.

In the event that a certification is granted by the Township Engineer to the applicant, the Township Engineer shall prepare an estimate of the cost of improving the semi-improved street and shall also include the projected cost of installing curbing and that portion of anticipated off-site drainage necessitated by this construction.

Before receiving a permit for construction of a single-family residential dwelling on a semi-improved public street, an applicant must comply with any one of the following requirements:

The applicant shall improve that portion of the semi-improved street (full width) upon which the lot abuts, from lot line to lot line, to the status of an improved street, with a hard surface, curbing, sidewalk and drainage.

The applicant shall deposit with the Township a cash deposit or a performance guaranty with sufficient surety in favor of the Township in a form approved by the Township Attorney in amount of the estimate prepared by the Township Engineer, which deposit or guaranty shall be held by the Township until the improvement to the street is completed by the applicant or until the Township deems, in its discretion, that the semi-improved street shall be fully improved by the Township. The deposit or guaranty held by the Township shall be used only to defray the cost of improving the roadway to Township specifications and for off-site drainage. In the event that the actual cost of constructing and fully improving a semi-improved street by the Township exceeds the amount of any deposit or guaranty deposited with the Township, any additional sum shall also be the responsibility of the owner of such lot and may be collected by the Township by way of assessment or by other means available to the Township.

The applicant shall sign an agreement to be recorded in the Ocean County Clerk's office acknowledging the obligation of the applicant, or the applicant's successors and assigns, to improve that portion of the semi-improved street upon which the applicant's property abuts to the status of an improved public street as defined above. This agreement shall acknowledge that in the event that improvement is not made by the applicant or the applicant's successors, the Township shall have the right to improve the public street or roadway as a local improvement and to assess the cost of the improvement to all properties abutting the street which will benefit by the improvements thereof, such assessment to be made as an assessment for a local improvement pursuant to law. In addition, prior to the issuance of a certificate of occupancy, the applicant shall submit to the Township Attorney for approval a deed for such property containing or referencing the recorded road agreement, proof of the recording of the deed containing such provisions shall be required prior to the issuance of the certificate of occupancy. The Construction Code Official shall also cause the certificate of occupancy to specifically reference the recorded road agreement and deed.

(d)

The provisions of this subsection shall not apply to lots fronting a semi-improved street, upon which exists residential dwellings for which the applicant is seeking a bulk variance for further development of the residential lot.

§ 340-26 Street name signs.

The developer shall furnish and erect on at least one of the corners of each intersection in each development a street sign, properly lettered and placed to indicate all streets at the intersection.

Street signs shall be aluminum or other noncorrosive metal of the size and color equal and similar to the type now in use by the Township Road Department. They shall be erected on steel posts with stabilizing pins and set in Class C concrete in a workmanlike manner. At street intersections, one post shall carry two signs at right angles, to denote the name of each street. Posts shall be 10 feet overall, with three feet in the ground, surrounded with concrete.

§ 340-27 Curbs.

Construction materials.

Curbs shall be constructed of concrete.

Cement shall meet all the requirements of the current Standard Specifications for Standard Portland Cement of the American Society for Testing Materials.

The mix of concrete for curbs shall be in accordance with New Jersey State Highway Department Specifications, Class B.

Concrete for curbs, tested by standard methods, shall test at not less than 3,000 pounds per square inch in 28 days.

Forms. Forms for concrete curbs shall be of metal, constructed to conform to the lines of grade established and to the dimensions specified and shall be designed to be removable without damage to the concrete. Forms for curved alignment may be of other material if approved by the Township Engineer. Unsatisfactory form work shall be removed and replaced.

Concrete work.

The concrete shall be tamped and spaded or vibrated so that the forms are completely filled, the concrete thoroughly compacted and mortar is flushed to the face and top. Before initial set, the top, and, as soon as the forms can be removed, the face, shall be finished with a wood float to an even, smooth and dense surface. Expansion joints shall be provided at intervals of 20 feet and shall be filled with a one-half-inch cellular compression material to within 1/4 inch of the top and face. Where the curb is adjacent to other concrete, one-fourth-inch premolded expansion joints shall be provided. Concrete curbs shall not be constructed when the atmospheric temperature is liable to be below 32° F. in the ensuing 24 hours. Slight imperfections may be repaired, but patching extensive honeycombed faces shall not be permitted and such curbing shall be removed and replaced.

The top one-corner edge of all curbs adjoining streets shall be rounded with a one-inch radius tool prior to initial set.

All curbing placed shall be cured in accordance with standard practice, i.e., kept moist by covering with wet burlap bags or straw and kept soaked with water for a period of seven days. In cold weather, the curing shall be done with a straw covering, as directed by the engineer.

§ 340-28 Shade trees.

[Amended by Ord. No. 2006-21]

In each subdivision of land, the developer shall plant in tree wells along either side of the streets, proper shade or decorative trees at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on all maps, except maps submitted for final approval.

All trees planted in accordance with the provisions of this chapter shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well, at point where the tree is planted.

All shade trees to be planted in accordance with this chapter shall be nursery grown, of substantially uniform size and shape and shall have straight trunks, but shall conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.

In areas adjacent to rivers, with freshwater wetlands soils moist soils, the real estate developers shall plant one of the following kinds of trees:

Pick a minimum of two variations of trees listed and one indigenous tree for biodiversity throughout the property.

London plane thornless;

Honey locust (Gleditsia triacanthos inermis - thornless);

Willow oaks;

River birch;

Sweet gum;

Black gum;

Sweet bay magnolia;

Green ash;

Red maple.

In the upland which is away from rivers, bays and lagoons and not adjacent to large bodies of water, the real estate developers shall plant one of the following kinds of trees:

Pick a minimum of two variations of trees listed and one indigenous tree for biodiversity throughout the property.

Crape myrtle - "Signature tree of the community." Each development on the Route 9/Route 532 Corridor and major and minor subdivision must incorporate a few trees in their site plan for the accent color;

Zelkova;

Scarlet oak;

Red maple;

Green ash;

Bradford pear/callery pear;

Japanese cherry;

Kousa dogwood;

Honey locust;

Pitch pine;

Golden rain tree;

London plane tree;

Scholar tree;

Lacebark elm;

Red cedar.

In the waterfront property and property in the vicinity of large bodies of water not covered by Subsection E of this section, the real estate developers shall plant one of the following kinds of trees:

Pick a minimum of two variations of trees listed and one indigenous tree for biodiversity throughout the property:

Callery pear;

Red cedar;

London plane tree;

Pitch pine;

Golden rain tree;

Scholar tree;

Black gum;

Japanese black pine;

Poplar (populus alba)-white poplar/silverleaf poplar;

(j)

Japanese cherry.

§ 340-29 Bulkheads.

Bulkheads shall be constructed in accordance with the standards of construction provided in existing municipal ordinances and amendments thereto. In addition, materials other than creosote treated timber may be used for bulkheading if approved by the Township Engineer.

§ 340-30 Sanitary sewage treatment plants and collection systems.

All major subdivisions containing in excess of 10 lots shall be required to be serviced by an adequate central sanitary sewage treatment plant and have a comprehensive collection system.

No sanitary sewage treatment plant or collection system shall be installed without first approval of the New Jersey Department of Environmental Protection, Ocean Township Municipal Utilities Authority and the Township Board of Health.

Developer shall submit to the Township Engineer, who will report to the Planning Board and Township Board of Health, the following data:

Detailed plans and specifications for the construction of the plant or collection system including basis for the design. The sewer shall be designed to carry four times the average flow;

Nature and extent of the area involved;

Estimated population to be served;

Estimated per capita daily flow of sewage;

(5)

The character of the sewage, either domestic, industrial or process waste;

(6)

The nature of treatment to be used and expected results from the treatment process;

(7)

The body of water into which the effluent will discharge.

All individual sewage disposal systems shall be approved by the Township Engineer and Township Board of Health.

§ 340-31 Water supply and distribution system.

All required subdivisions containing in excess of 10 lots shall be required to have a central water plant and distribution system.

Prior to installation, the plant and system shall be approved by the New Jersey Department of Environmental Protection, Ocean Township Municipal Utilities Authority, Township Board of Health, New Jersey State Board of Public Utility Commissioners as to diversion rights and the New Jersey State Water Policy Commission.

Developer shall submit to the Township Engineer, who will report thereon to the Planning Board and Township Board of Health, the following data:

Detailed plans and specifications for the construction of the plant or distribution system, or modification of existing facilities. The design shall be for a capacity sufficient to supply the area with home consumption, fire protection and where applicable, industrial and commercial use;

The present and estimated population to be served;

The source of supply;

A description of the pumping equipment;

(5)

A description of the method of treatment.

All individual water supply systems shall be approved by the Township Engineer and Township Board of Health.

§ 340-32 Storm drains and surface water.

An adequate drainage system for stormwater runoff shall be required in all major subdivisions.

Storm drains shall include the excavation for and construction of pipe drains for surface drainage in accordance with plans approved by the Township Engineer and the provisions of these specifications.

The drains, inlets, manholes and other drainage structures shall be the type and size and shall be constructed to the prescribed lines and grades at locations, all as specified on plans approved by the Township Engineer and these specifications.

Pipe drains may be either reinforced concrete, vitrified tile or bituminous-coated galvanized corrugated metal pipe, and shall be in conformance with the requirements of the New Jersey State Highway Department standard specifications. Corrugated aluminum pipe will be allowed upon approval of the Township Engineer.

The adequate drainage systems shall be and include not only the proper drainage of the area of the specific subdivision, but shall also include the disposal of the stormwater runoff from the specific subdivision to an adequate outlet or other means of final disposal of the stormwater, such as ocean, river, running stream, lagoon or existing adequate storm sewer.

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

All lots shall be graded to adequately provide for surface water runoff to the streets or storm sewer inlets. The Township Engineer may require on-site grading plans showing existing contours and proposed elevations of all lots.

§ 340-33 Electric and telephone utilities.

For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connections 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, and shall submit to the Planning Board and Township Committee prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided that in such subdivisions, lots which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities overhead lines shall be installed underground.

All installation of lines and equipment shall meet specifications of the National Electrical Code. Lines under roads must be installed in conduits or ducts, and every effort shall be made to have easements for such installation in front yards.

All streetlights shall be installed on ornamental standards with underground wiring. They shall be of a style and design compatible with the nature and design of the subdivision and shall be approved by the Planning Board and Township Committee.

§ 340-34 Fire hydrants and suction lines.

Fire stations will be provided where the same are deemed necessary by the Township Engineer.

At fire stations designated on plans, a fire hydrant and suction line shall be constructed in strict accordance with the approved plan and these specifications.

The hydrant shall be of the same type and design as currently in use by the Township Fire Department and approved by the Fire Chief.

From the hydrant, eight-inch transit or cast-iron water pipe, with necessary reducer, elbow or strainer, shall extend to the lagoon. As per plan, the ten-foot-wide easement shall be paved six inches deep with Grade A road gravel.

Final acceptance of fire hydrant and suction lines installations shall be subject to field test by the Fire Department Chief and his/her written approval of same.

§ 340-35 Lagoons.

All lagoons shall have a minimum width of 100 feet.

All lagoons shall be entirely bulkheaded.

The materials and type of bulkheading in any one lagoon shall be uniform throughout.

§ 340-36 Seeding.

In all major subdivisions, all subdivided lots and any required open space shall be seeded with a suitable stabilizing ground cover approved by the Township Engineer. On any waterfront lots or open spaces, the Planning Board and Township Committee may allow suitable stabilizing ground cover other than seeding which is approved by the Township Engineer.

The Planning Board and Township Committee in appropriate cases may authorize a ground surface without seeding or living ground cover.

§ 340-37 Topsoil.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting. In the event the quantity of topsoil at the site is insufficient to provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover.

§ 340-38 Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 410, Zoning, of the Code of the Township of Ocean and to provide for convenient access, circulation control and safety of street traffic.

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

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

§ 340-39 Lots.

Lot dimensions and area shall not be less than the requirements of Chapter 410, Zoning, of the Code of the Township of Ocean.

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

Each lot must front upon an approved street of at least 50 feet in width.

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

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

§ 340-40 Public use and service areas.

In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

Natural features such as brooks, trees, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 340-41 Paved driveways.

[Amended by Ord. No. 2004-21]

In any subdivision in the Township, the property owner or developer seeking such subdivision shall be obligated and required to pave any driveways that are created by such subdivision.

The pavement shall consist of a bituminous treated or other hard surface approved by the Township Engineer.

Access driveways.

All entrance and exit driveways shall be located so as to afford maximum safety and minimum disruption of traffic on the street.

A minimum twelve-foot width shall be provided for all driveways utilizing one-way operation.

Driveways serving a development having 50 or fewer parking spaces may use a one-and-one-half-inch high depressed curb and concrete apron driveway and concrete walk. Those having more than 50 parking spaces, however, shall use curb returns of not less than 10 feet minimum nor 20 feet maximum in radius, except as otherwise directed by the New Jersey Department of Transportation or the County of Ocean.

All vertical curves on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.

(5)

Driveway grades shall adhere to the following: 3/4% minimum to 10% maximum. A maximum slope of 2% for the first 20 feet from the street line shall be maintained.

(6)

Curb cuts to a public street shall not be closer than 25 feet to the point of curvature or point of tangent of the corner radius curb of an intersecting street.

(7)

The number of permitted driveways provided from a site shall be related to the type of street and traffic volume thereon and the number and location of other access points therefrom.

(8)

Driveway pavement shall extend to the paved portion of the street with which it connects and shall be constructed with a minimum of two inches of stabilized base course and 1 1/2 inches of FABC surface course or an approved equal.

(9)

Driveways are to be curbed on both sides.

(10)

Within all residential zones within the Township, the minimum side yard setback for a driveway shall be:

Five feet where the garage doors front a public street or where the garage is detached from the principal structure; or

Three feet where the garage doors do not front a public street (i.e., side load garage).

DESGINATED RECYCLABLE MATERIALS

However, these setbacks shall apply only to all new subdivision and those lots which were established by record as a result of an approval of the Ocean Township Land Use Board, Planning Board or Zoning Board as of November 14, 2005, and which contain an area of greater than 7,500 square feet. For residential lots of less than 7,500 square feet, driveway setback shall be no less than one foot from the property line.

[Added 5-12-2011 by Ord. No. 2011-10]

(11)

All pavement area shall be constructed with six inches of Type 2, Class A or B gravel subbase, in addition to bituminous stabilized base course and FABC surface course as specified, or an approved equal.

(12)

In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive, nor shall it serve as an access aisle to adjacent parking spaces.

(13)

All access drives shall provide a minimum outside turning radius of 30 feet, unless as a fire lane, in which case they shall provide a minimum outside turning radius of 50 feet.

(14)

In R-1, R-1A, R-1B and R-2 zones, the maximum width of a driveway depression for a two-car capacity driveway shall be 23 feet.

§ 340-42 Sidewalks.

Sidewalks shall be located one foot from the street or highway right-of-way line and within the right-of-way limits, thereby creating a one-foot wide strip of land between the sidewalk and the property line.

Sidewalks shall be in dimensions of a minimum of four feet wide by four inches deep, except driveway areas shall be six inches deep and reinforced with 6 x 6 10/10 welded wire fabric.

Sidewalks shall be constructed on a gravel base course five inches thick.

All sidewalks construction shall be in conformance with the New Jersey Department of Transportation Standard Specification, 1961, and addenda thereto.

§ 340-43 Municipal source separation and recycling.

[Amended 11-29-2023 by Ord. No. 2023-24]

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

COMMINGLED

A combining of nonputrescible source-separated recyclable materials for the purpose of recycling;

Those materials designated within the Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling.

ELECTRONIC WASTE

A computer central processing unit and associated hardware, including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one of more circuit boards, including a television, and cell phones;

MULTIFAMILY DWELLING

Any building or structure, or complex of buildings, in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);

MUNICIPAL RECYCLING COORDINATOR

The person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.

MUNICIPAL SOLID WASTE (MSW) STREAM

All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of the Township of Ocean;

RECYCLABLE MATERIAL

Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products;

SOURCE SEPARATED RECYCLABLE MATERIALS

Recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling;

SOURCE SEPARATION

The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling;

Source separation; exemption from source separation requirements.

Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools, and other institutional locations within the municipality of the Township of Ocean, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Ocean.

Exemptions. Pursuant to N.J.S.A. 13:1E-99.16d, the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its' municipal boundaries to source separate from the municipal solid waster stream the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material.

Collection of recyclable materials. The collection of recyclable material shall be in the manner prescribed as follows:

All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk or, in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 5:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.

All receptacles or dumpsters shall be maintained in accordance with the Health Code of the municipality of the Township of Ocean.

Residential dwelling compliance requirements. The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.

Nonresidential establishment compliance requirements.

All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.

The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recycled materials. All commercial, institutional or industrial properties which provides outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle and shall provide for separate recycling service for their contents.

Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service.

(d)

All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records, as may be prescribed, for inspection by any code enforcement officer.

New developments of multifamily residential units or commercial, institutional, or industrial properties (pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.)

Any application to the Planning Board of the municipality of the Township of Ocean for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units, or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:

A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and

Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal Recycling Coordinator.

Prior to the issuance of a certificate of occupancy by the municipality of the Township of Ocean, the owner of any new multifamily housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source separated recyclable materials in those instances where the municipality does not otherwise provide this service.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

Prohibition of the collection of solid waste mixed with recyclable materials.

It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.

It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code.

Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.

Enforcement. The Code Enforcement Official, the Department of Health, the Recycling Coordinator, the Property Maintenance Official, the Housing Officer, and the Ocean County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.

Violations and penalties.

Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offence. (pursuant to N.J.S.A. 40:49-5.)

Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program.

Severability; when effective.