Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents

§ 220-139 General provisions.

§ 220-140 Accessory buildings and structures.

§ 220-141 Area requirements.

§ 220-142 Bikeways.

§ 220-143 Blocks.

§ 220-144 Buffers.

§ 220-145 Building permits, site plan approvals and zoning variances outstanding.

§ 220-146 Curbing.

§ 220-147 Scope and purpose of stormwater management requirements.

§ 220-148 Definitions related to stormwater management.

§ 220-149 Design and performance standards for stormwater management measures.

§ 220-150 Stormwater management requirements for major development.

§ 220-151 Calculation of stormwater runoff and groundwater recharge.

§ 220-152 Standards for structural stormwater management measures.

§ 220-152.1 Construction standards for pipe.

§ 220-153 Sources for technical guidance for stormwater management.

§ 220-154 Safety standards for stormwater management basins.

§ 220-155 Site development stormwater plan.

§ 220-156 Maintenance and repair or stormwater management measures.

§ 220-157 Violations and penalties related to stormwater management.

§ 220-158 Mitigation plan for stormwater management.

§ 220-159 Environmental impact report.

§ 220-159.1 Site investigation and soil sampling reports.

§ 220-160 Fire protection.

§ 220-161 Floodplain regulations.

§ 220-162 Grading and filling.

§ 220-163 Height limits.

§ 220-164 Lighting.

§ 220-165 Lots.

§ 220-166 Monuments.

§ 220-167 Natural features.

§ 220-168 Off-site and off-tract improvements.

§ 220-169 Off-street parking.

§ 220-170 Planned developments.

§ 220-171 Principal uses.

§ 220-172 Prior approved construction and uses.

§ 220-173 Public use and service areas.

§ 220-174 Public utilities.

§ 220-175 Communications facilities.

§ 220-176 Service stations and public garages.

§ 220-177 Shade trees.

§ 220-178 Sidewalks.

§ 220-179 Sight triangles.

§ 220-180 Signs.

§ 220-181 Similarity of buildings.

§ 220-182 Soil erosion and sediment control.

§ 220-183 Soil removal/filling.

§ 220-184 Streets.

§ 220-185 Street signs.

§ 220-186 Swimming pools.

§ 220-187 Temporary civic activities.

§ 220-188 Trailers.

§ 220-189 Undersized lot of record.

§ 220-190 Water mains, culverts, storm sewers and sanitary sewers.

§ 220-191 Yards.

§ 220-139 General provisions.

A. 
Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. 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 or 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.
B. 
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, 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.
C. 
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 as the general rule. Whenever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
D. 
Development and street names. The proposed name of the development and streets shall not duplicate or too closely approximate the name of any other development or streets 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.

§ 220-140 Accessory buildings and structures.

[Amended 5-5-2005 by Ord. No. 2005-17]
There shall be included by reference in this section all language set forth in § 220-140A through F, inclusive, except that Subsection D will now present guidelines along with an appendix which outlines the maximum area allowed for an accessory structure by zoning designation. The following regulations shall apply to all accessory buildings and structures:
A. 
Accessory buildings or structures as part of principal buildings. Any accessory buildings or structures attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings or structures.
B. 
Accessory buildings or structures are not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building or structure prior to the issuance of a building 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 Building Inspector shall revoke the building permit for the accessory building or structure until construction of the main building has proceeded substantially toward completion.
C. 
Distance between adjacent buildings or structures. The minimum distance between an accessory building or structure and any other building(s) on the same lot shall be 20 feet, except that no commercial poultry or brooder house shall be erected nearer than 400 feet to any dwelling on the same lot and no livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot or adjacent lot, and except that accessory buildings or structures other than poultry or brooder houses may be placed a minimum of 10 feet from underground structures, such as the water area of swimming pools, provided such accessory buildings or structures are a minimum of 20 feet from any aboveground principal or accessory building or structure.
D. 
Height and area requirements.
(1) 
The maximum permitted accessory structure area shall be determined by taking 25% of the square footage of the maximum principal building coverage for each zoning classification. The area of the accessory structure shall be determined in accordance with the Lot and Building Coverage Standards Table below.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2) 
These requirements exclude all uncovered pervious accessory structures such as patios, water area of pools, and decks constructed 18 or more inches above the ground that are gapped to permit infiltration from the building coverage requirements, while meeting total lot coverage limitations.
(3) 
Except for agricultural uses, the height of any accessory structure shall not exceed 25 feet or the principal building height.
E. 
Location.
[Amended 10-4-2007 by Ord. No. 2007-21; 6-13-2013 by Ord. No. 2013-12]
(1) 
Accessory buildings or structures may be erected on lots in accordance with the schedule of limitations, except that no commercial animal 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 in front yards. 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 principal building. Accessory structures in second front yards shall be set back the same distance from the street line as the principal structure is required to be set back. If located on a corner lot, the provisions of this chapter also apply.
(2) 
The setbacks for sheds that are placed on a property as an accessory structure shall be as follows within a residential zone:
[Amended 11-14-2013 by Ord. No. 2013-15]
(a) 
Sheds shall not be larger than 120 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots which are less than 20,000 square feet in size.
(b) 
Sheds shall not be larger than 150 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots which are equal to 20,000 square feet but equal to or less than 40,000 square feet in size.
(c) 
Sheds shall not be larger than 200 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots greater than 40,000 square feet.
(d) 
Not more than one such shed shall be permitted to be placed on the property.
F. 
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 property line and 500 feet from the permanent farm residence of the farm.

§ 220-141 Area requirements.

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 should 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 the chapter shall hold. Whenever land has been dedicated or conveyed to the Township for road widening purposes by the owner of a lot existing at the time of adoption of this chapter in order to implement the Official Map or Master Plan of the Township, the Building Inspector may issue building permits and certificates of occupancy for the lot whose depth and/or area are rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

§ 220-142 Bikeways.

In all developments subject to § 220-184C or the cluster development provisions of this chapter, the approving authority may, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, its location with respect to any overall bike route plans for the Township and county, public safety considerations and overall feasibility and practicality, require paved bike paths within the seventy-five-foot-wide dedicated land strip along existing streets. Bike paths shall be 6 1/2 feet wide, shall be constructed in accordance with the requirements for light-traffic parking areas covered by these regulations, shall have maximum grade requirements as is applicable to the street paralleled and shall be equipped with suitable regulatory signs, and where bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade.

§ 220-143 Blocks.

A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in that zoning district by the zoning provisions of this chapter and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
C. 
Block size shall be sufficient to meet all area and yard requirements for such use.

§ 220-144 Buffers.

Buffer areas are required along property, zoning district and/or street lines of all commercial lots or where said property lines or the center line of the street are also zoning district lines. Buffer areas shall comply with the following standards:
A. 
The buffer area shall be located in the district which requires it and shall be measured from the district boundary line or from the near street line where that street center line serves as the district boundary line.
B. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
C. 
No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except for access drives from public streets, directional and safety sign per each direction of traffic per access drive.
D. 
Buffer widths shall be established in each zoning district. The buffer area shall be planted and maintained with grass or ground cover, massed evergreens and deciduous trees and shrubs of such species and size as will produce within two growing seasons a screen of at least four feet in height and of such density as will obscure throughout the full course of the year all of the glare of automobile headlights emitted from the premises.
(1) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(2) 
The screen planting shall be so placed that at maturity it will be not closer than three feet away from any street or property line.
(3) 
A clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. Private accessways shall maintain a sight triangle by having no plantings, gradings or structures higher than three feet above the street center line located within the street right-of-way between the edge of the paved cartway and the street right-of-way line.
(4) 
vehicular and pedestrian ingress and egress.
(5) 
required in this chapter.
E. 
No screen planting shall be required along streets which form district boundary lines, provided that only the front of any proposed building shall be visible from the adjacent residential district.
F. 
In addition to the buffer areas otherwise required by this chapter, buffer areas are required along lot and street lines of all residential lots within any major subdivision of five acres or more where such property lines or the center lines of such adjacent streets abut a farm. The minimum width of such buffer areas shall be the greater of 25 feet or the width otherwise required for buffers within that zone. It is the intent of this section to shift the burden of providing buffers and separation between agricultural and residential uses to such residential uses to the extent reasonable and practicable.
[Added 2-16-2006 by Ord. No. 2006-1]

§ 220-145 Building permits, site plan approvals and zoning variances outstanding.

Nothing in this chapter shall require any change in a building 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 building 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 building 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.

§ 220-146 Curbing.

A. 
All curbs, where required, shall be granite curb, also known as "Belgian block." Construction of curbing shall be in accordance with Item 8.5-28 in the Standard Specifications for Road and Bridge Construction, New Jersey State Highway Department 1961, except as modified by the specifications and notes in Subsection C below and as further modified by concrete quality requirements per said Subsection C. A preformed bituminous expansion joint filler 1/2 inch thick and conforming to current New Jersey Department of Transportation standards shall be installed approximately every 30 feet.
B. 
All curbing shall conform to the specifications below, labeled "Standard Detail for Construction of Granite (Belgian Block) Curb."
Granite (Belgian) Block Curb
C. 
Material for curbs, sidewalks and other concrete structures. Regarding curbs, sidewalks, headwalls and any other concrete structures (except pipe, which is referred to elsewhere), the following specifications shall apply to ensure concrete material strength and durability:
(1) 
Cement shall be Type 1 and shall conform to ASTM C150.
(2) 
The developer or his contractor shall provide the Township upon request with an original "ticket" showing concrete mix proportions per cubic yard (cement and type of cement, fine aggregate, coarse aggregate, additives, water and slump criteria) for all truckloads delivered to the site.
(3) 
No calcium chloride or other accelerators will be permitted in the mix.
(4) 
An air-entrainment admixture will be required in all concrete so as to produce a minimum air content of 4% and a maximum of 8%.
(5) 
The developer will cooperate with the taking, on the part of the Township, of appropriate concrete samples and/or tests as deemed necessary by the Township. All sampling and testing will be performed by the Township.
(6) 
No water may be added to the concrete mix after samples are taken or tests made.
(7) 
Concrete unacceptable to the Township will be rejected. Rejection could occur in the course of inspection of the field placement activity, or thereafter, if test results or quality criteria are deemed by the Township to be unacceptable, based on available information. Rejected concrete must be removed and replaced with acceptable concrete.
(8) 
Concrete materials and workmanship shall comply with applicable ASTM and ACI standards.
(9) 
Concrete strength shall be as follows (pounds per square inch minimum after 28 days):
(a) 
Sidewalks: 3,000.
(b) 
Concrete for Belgian block (granite) curb: 4,500.
(c) 
All other (headwalls, etc.): 3,500.

§ 220-147 Scope and purpose of stormwater management requirements.

[Amended 11-13-1986 by Ord. No. 45-86; 6-8-1989 by Ord. No. 27-89; 4-19-1990 by Ord. No. 16-90; 9-27-1990 by Ord. No. 49-90; 12-2-1993 by Ord. No. 58-93; 12-14-1993 by Ord. No. 67-93; 5-12-1994 by Ord. No. 12-94; 10-19-2006 by Ord. No. 2006-35; 12-18-2008 by Ord. No. 2008-41]
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans 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.
B. 
Purpose. It is the purpose of §§ 220-147 through 220-158 to establish minimum stormwater management requirements and controls for major development, as defined in § 220-148.
C. 
Applicability.
(1) 
Sections 220-147 through 220-158 shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not regulated by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) 
Sections 220-147 through 220-158 shall also be applicable to all major developments undertaken by Township of Marlboro.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to §§ 220-147 through 220-158 are to be considered an integral part of development approvals under the subdivision and site plan review process 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 §§ 220-147 through 220-158 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Sections 220-147 through 220-158 are not intended to interfere with or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of these sections 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 apply.

§ 220-148 Definitions related to stormwater management.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
Unless specifically defined below, words or phrases used in §§ 220-147 through 220-158 shall be interpreted so as to give them the meaning they have in common usage and to give §§ 220-147 through 220-158 its most reasonable application. 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.
AGRICULTURAL DEVELOPMENT
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 manufacturing of agriculturally related products.
COMPACTION
The increase in soil bulk density.
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 Freeholders to review the Township of Marlboro's stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. 
A county planning agency; or
B. 
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 New Jersey 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.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "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.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead 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.
FLOOD HAZARD AREA
Area of potential risk due to sudden and temporary increase of surface water flow due to a storm event, typically, the one-hundred-year storm.
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.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land or results in a net increase of 1/4 acre or more of impervious surface. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MITIGATION
An action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in 220-147 through 220-158, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of §§ 220-147 through 220-158, includes both the mitigation plan, detailing how the project's applicant's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same HUC-14 subwatershed within which the subject project is proposed (if possible and practical), or a contribution of funding toward a regional stormwater management plan, or provision for equivalent treatment at an alternative location, or other equivalent water quality benefit.
MUNICIPALITY
Marlboro Township.
NODE
An area designated by the State Planning Commission concentrating facilities and activities that 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, the Township of Marlboro or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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, groundwaters or surface waters of the state, or to a domestic treatment works.
POLLUTANT
Includes both hazardous and nonhazardous pollutants.
RECHARGE
The volume of water from precipitation that infiltrates into the ground and is not evapotranspired.
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 development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
SOLID AND FLOATABLE MATERIALS
Sediment, debris, trash, and other floating, suspended, or settleable solids.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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 BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, 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 RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIME OF CONCENTRATION
The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
TOTAL SUSPENDED SOILS
The sum of dissolved and undisolved solids and particulate matter of a buoyancy and/or specific gravity that prohibits their settling in runoff.
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 groundwater 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."

§ 220-149 Design and performance standards for stormwater management measures.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 220-150. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
B. 
The standards in §§ 220-147 through 220-158 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.

§ 220-150 Stormwater management requirements for major development.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 220-156.
B. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitats 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 13:1B15.104, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G:
(1) 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(2) 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(3) 
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.
D. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections F and G may be obtained for the enlargement of an existing public roadway, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1) 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(2) 
The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections F and G to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of Subsections F and G, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4) 
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(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections F and G that were not achievable on site.
E. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the standards in Subsections F and G shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection E(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(2) 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the time of concentration from preconstruction to postconstruction;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection E(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(3) 
Site design features identified under Subsection E(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard see Subsection E(3)(c) below.
(a) 
Design engineers shall use either 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:
[1] 
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 (April 1996); or
[2] 
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 basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, 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.
(c) 
This standard shall not apply under the following conditions or situations:
[1] 
Where the Township Engineer determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
[2] 
Where flows from the water quality design storm as specified in Subsection G(1) 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] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inch.
[3] 
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 Subsection G(1); or
[4] 
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.
(4) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections F and G shall be dedicated to a government agency, subjected to a conservation restriction filed with the Office of the Monmouth County Clerk, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the Township Engineer is maintained in perpetuity.
(5) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 220-153, or found on the Department's website at www.njstormwater.org.
F. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 220-151, either:
[a] 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
[b] 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
[2] 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection F(1)(b)[3] below.
[3] 
The following types of stormwater shall not be recharged:
[a] 
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
[b] 
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.
[4] 
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 and other subsurface structures in the vicinity or down gradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 220-151, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[2] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-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; or
[3] 
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten- and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge;
(2) 
Any application for a new agricultural development that meets the definition of major development at § 220-148 shall be submitted to the Freehold Soils Conservation District (FSCD) for review and approval in accordance with the requirements of this section and any applicable FSCD guidelines for stormwater runoff quantity and erosion control.
G. 
Stormwater runoff quality standards.
(1) 
Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Cumulative Rainfall
(minutes)
Time
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0040
15
0.0204
80
1.0840
20
0.0040
85
1.1170
25
0.0704
90
1.1040
30
0.1000
95
1.1704
35
0.1330
100
1.2000
40
0.1660
105
1.2204
45
0.2000
110
1.2334
04
0.2583
115
1.2417
55
0.3583
120
1.2040
60
0.6204
(2) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 220-153, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 220-153. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency.
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
(Percent)
Bioretention systems
90
Constructed stormwater wetland
90
Extended detention basin
40 to 60
Infiltration structure
80
Manufactured treatment device
See § 220-152C
Sand filter
80
Vegetative filter strip
60 to 80
Wet Pond
40 to 90
(3) 
If more than one BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R
=
A + B – (AB)/100
Where:
R
=
total TSS percent load removal from application of both BMPs
A
=
the TSS percent removal rate applicable to the first BMP
B
=
the TSS percent removal rate applicable to the second BMP
(4) 
If there is more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5) 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections F and G.
(6) 
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.
(7) 
Special water resource protection areas have been established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas have been established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[1] 
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession.
[2] 
Encroachment within the designated special water resource protection area under Subsection G(7)(a)[1] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 104 feet as measured perpendicular to the top-of-bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[1] 
Stabilization measures shall not be placed within 104 feet of the Category One waterway;
[2] 
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS postconstruction removal rate;
[3] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[4] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[5] 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
[6] 
All encroachments proposed under this section shall be reviewed and approved by the New Jersey Department of Environmental Protection prior to approval by the review agency.
(d) 
Subsection G(7) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.

§ 220-151 Calculation of stormwater runoff and groundwater recharge.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Stormwater runoff shall be calculated in accordance with the following:
(1) 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(2) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction 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 at Subsection A(1)(a) and the Rational and Modified Rational Methods at Subsection A(1)(b). 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 has 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).
(3) 
In computing preconstruction 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 preconstruction stormwater runoff rates and volumes.
(4) 
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 and other methods may be employed.
(5) 
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.
B. 
Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427.
C. 
Designs of stormwater conduit systems shall utilize the Sandy Hook twenty-five-year rainfall.

§ 220-152 Standards for structural stormwater management measures.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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).
(2) 
Structural 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 § 220-154B.
(3) 
Structural 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, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement.
(4) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 220-154.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 220-150.
C. 
Manufactured treatment devices may be used to meet the requirements of § 220-150, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
D. 
Standards for stormwater collection systems.
(1) 
Velocities in closed conduits at design flow shall be at least two feet per second but not more than 10 feet per second.
(2) 
No pipe size in the storm drainage system shall be less than 15 inches in diameter.
(3) 
All discharge pipes shall terminate with a precast concrete flared end section or a cast-in-place concrete headwall with or without wingwalls as conditions dictate.
(4) 
The spacing of inlets shall be such that surface water shall not flow for more than 500 feet or the quantity of water is such that it causes ponding of water deeper than two inches at Type B and Type E inlets, whichever is the lesser distance. If, due to the slope of the approach prior to the inlet, 80% of the stormwater does not enter the inlet, decreased spacing and depth of water permissible shall be required. Sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any roadway intersection or pedestrian crosswalk.
(5) 
Dished gutters shall be permitted at any street intersection on rural and local streets and at the intersection of rural and local streets with minor collector streets and at the intersection of minor collector streets with major collector streets where the street of the lower classification is to be officially designated and signed as a stop street. In such cases, the dished gutter shall cross only the street of the lower classification. At the intersections of primary and secondary arterial streets and major collector streets, sufficient catch basins, at the discretion of the reviewing agency, shall be installed at each street intersection to avoid gutter overflow and at low points in the street grade, and dished gutters shall not be permitted.
(6) 
Manhole spacing shall increase with pipe size. The maximum spacing shall be 500 feet for 15 to 18 inches; 600 feet for 21 to 36 inches; and 700 feet for 42 inches and greater.

§ 220-152.1 Construction standards for pipe.

[Added 12-18-2008 by Ord. No. 2008-41]
A. 
Storm sewer.
(1) 
Materials used in the construction of storm sewers shall be constructed of reinforced concrete, ductile iron, corrugated aluminum or corrugated steel unless site and other conditions dictate otherwise. Reinforced converted pipe shall be used unless the applicant can demonstrate that the use of other materials will be more beneficial due to the proposed installation. Cost will not be a consideration in this analysis. Specifications referred to, such as American Standards Association, American Society for Testing and Materials, American Water Works Association, etc., should be the latest revision.
(2) 
Reinforced concrete pipe.
(a) 
Circular reinforced concrete pipe and fittings shall meet the requirements of ASTM C-76.
(b) 
Elliptical reinforced concrete pipe shall meet the requirements of ASTM C-507.
(c) 
Joint design and joint material for circular pipe shall conform to ASTM C-443.
(d) 
Joints for elliptical pipe shall be bell and spigot or tongue and groove, sealed with butyl, rubber tape or external sealing bands conforming to ASTM C-877.
(e) 
All pipe shall be Class III unless a stronger pipe (i.e., higher class) is indicated to be necessary.
(f) 
The minimum depth of cover over the concrete pipe shall be as designated by the American Concrete Pipe Association.
(3) 
Ductile iron pipe. Ductile iron pipe shall be centrifugally cast in metal or sand-lined molds to ANSI A21.51-1976 (AWWA C151-76). The joints shall conform to AWWA C111. Pipe shall be furnished with flanges where connections to flange fittings are required. Pipe should be Class 50 (minimum). The outside of the pipe should be coated with a uniform thickness of hot-applied coal tar coating and the inside lined cement in accordance with AWWA C104. Ductile iron pipe shall be installed with Class C ordinary bedding.
(4) 
Corrugated aluminum pipe. Within the public right-of-way and where severe topographic conditions or the desire to minimize the destruction of trees and vegetation exist, corrugated aluminum pipe, pipe arch or helical corrugated pipe may be used. The material shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert and Under Drain AASHTO Designation M196 or the Standard Specification for Aluminum Alloy Helical Pipe AASHTO Designation M-211. The minimum thickness of the aluminum pipe to be used shall be:
(a) 
Less than twenty-four-inch diameter or equivalent, 0.075 inch (fourteen-gauge).
(b) 
Twenty-four-inch diameter and less than forty-eight-inch diameter or equivalent, 0.105 inch (twelve-gauge).
(c) 
Forty-eight-inch but less than seventy-two-inch diameter or equivalent, 0.135 inch (ten-gauge).
(d) 
Seventy-two-inch diameter or equivalent and larger, 0.164 inch (eight-gauge).
(5) 
Corrugated steel pipe. Corrugated steel pipe may be used in place of corrugated aluminum and shall meet the requirements of AASHTO Specification M36. Coupling bands and special sections shall also conform to AASHTO M-36. All corrugated steel pipe shall be bituminous coated in accordance with AASHTO M-19O, Type A minimum.
(6) 
Pipe bedding shall be provided as specified in Design and Construction of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering Practice Number 37, prepared by A Joint Committee of the Society of Civil Engineers and the Water Pollution Control Federation, New York, 1969.
B. 
Inlets, catch basins and manholes.
(1) 
Inlets, catch basins and manholes shall be designed in accordance with State Highway Department Standard Plans and Specifications. Frames shall be Campbell Foundry Company Pattern Number 2541, 2548, with eight-inch curb face, and 3432, 3440, for Type E inlets, or approved equal. All grates are to be bicycle grates.
(2) 
Manholes and catch basins shall be precast concrete, brick or concrete block, coated with two coats of portland cement mortar.
(3) 
If precast manhole barrels and cones are used, they shall conform to ASTM Specification C-473 with round rubber gasketed joints, conforming to ASTM Specification C-923. Maximum absorption shall be 8% in accordance with ASTM Specification C-478, Method A.
(4) 
If precast manholes are utilized, the top riser section shall terminate less than one foot below the finished grade and the manhole cover shall be flush with the finished grade.
(5) 
Manhole frames and covers shall be of cast iron conforming to ASTM Specification A-48 Class 30 and be suitable for H-20 loading capacity. All manhole covers in rights-of-way or in remote areas shall be provided with a locking device. The letters "Year 19 ____" and the words "STORM SEWER" shall be cast integrally in the cover.
C. 
Principal outlet structures.
(1) 
Outlet structures should be designed to facilitate outlet operation and maintenance as the water level rises and to permit clearing either during or after a storm. Structural support members, steps, rungs or ladders should be provided to allow easy escape opportunities for a child or an adult without having these support members, ladders, etc., impede the clearing of trash from the outlet structure or the upward movement of trash as the water level rises.
(2) 
The use of thin metal plates for trash rack bars, hand-hold supports, sharp crested weirs or orifices are prohibited because of the potential for accidents. Wire mesh fabric is similarly prohibited due to its poor suitability for trash clearance.
(3) 
Any outlet protective facility should have lockable hinged connections providing adequate access to thoroughly clean the area enclosed by the structure and to facilitate removal of accumulated debris and sediment around the outlet structure.
(4) 
All outlet structures shall be structurally sound and shall be designed to withstand, without failure or permanent deformation, all structural loads, hydrostatic, dynamic or otherwise, which impact upon it during the design life of the installation. They shall be maintenance free to the maximum extent possible.

§ 220-153 Sources for technical guidance for stormwater management.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The Standards for Soil Erosion and Sediment Control in New Jersey, promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
(2) 
The Rutgers Cooperative Extension Service, 732-932-9306; and
(3) 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.

§ 220-154 Safety standards for stormwater management basins.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Marlboro Township and Monmouth County stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in § 220-154B(1), (2) and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
B. 
Requirements for trash racks, overflow grates and escape provisions.
(1) 
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 basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c) 
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.
(d) 
The trash rack 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.
(2) 
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:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
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.
(3) 
For purposes of this Subsection B(3), "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in § 220-154C, a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet 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 foot to 1 1/2 feet above the permanent water surface. See § 220-154D for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
C. 
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency, the Township of Marlboro, the County of Monmouth or the Department that the variance or exemption will not constitute a threat to public safety.
D. 
Illustration of safety ledges in a new stormwater management basin.

§ 220-155 Site development stormwater plan.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to §§ 220-147 through 220-158, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection C below as part of the submission of the applicant's application for subdivision or site plan approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in §§ 220-147 through 220-158.
(3) 
The applicant shall submit 15 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection C.
B. 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in §§ 220-147 through 220-158.
C. 
Checklist requirements. The following information shall be required:
(1) 
Topographic base map. The Township 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 inch equals 200 feet 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.
(2) 
Environmental site analysis: a written and graphic description of the natural and man-made features of the site and its environs. 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.
(3) 
Project description and site plan(s): 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 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 of proposed changes in natural conditions may also be provided.
(4) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 220-149 through 220-152 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.
(5) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be 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.
(b) 
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.
(6) 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 220-150.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site 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.
(7) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 220-156.
(8) 
Waiver from submission requirements. The Township Engineer or, if applicable, Board Engineer in consultation with the Township Engineer, may waive submission of any of the requirements in Subsection C(1) through (6) 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.

§ 220-156 Maintenance and repair or stormwater management measures.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Applicability. Projects subject to review as in § 220-147C shall comply with the requirements of Subsections B and C.
B. 
General maintenance.
(1) 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(2) 
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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(3) 
Responsibility for maintenance shall not be assigned or transferred to the Township in a residential development or project. Responsibility for facilities located in commercial or industrial development sites shall be the owner of the site. A named individual shall be responsible for the safety and maintenance of said facility. The posting of a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be required for all facilities not dedicated to the Township or other public agency.
(4) 
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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.
(6) 
The person responsible for maintenance identified under Subsection B(2) above shall 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. This log shall be made available for inspection at the request of the Township, county, or the Department.
(7) 
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8) 
The person responsible for maintenance identified under Subsection B(2) above shall 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 B(6) an (7) above.
(9) 
The requirements of Subsection B(3) an (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(10) 
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.
C. 
Nothing in this section 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.

§ 220-157 Violations and penalties related to stormwater management.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of §§ 220-147 through 220-158 shall be subject to the following penalties. Failure to comply with any provisions of these sections shall be considered a violation of the Coded Ordinances of the Township of Marlboro and shall be punishable by a fine of $1,000 or 90 days in jail, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available, and nothing in §§ 220-147 through 220-158 shall prevent an applicant from obtaining injunctive relief.

§ 220-158 Mitigation plan for stormwater management.

[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
A. 
Standards.
(1) 
For the purposes of this section, "mitigation" shall incorporate the definition set forth in § 220-148 and shall include situations where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C 7:8 in addition to the requirements set forth in §§ 220-147 through 220-158.
(2) 
The board having jurisdiction over an application requiring a stormwater management plan shall have the jurisdiction to grant a waiver from strict compliance with the performance requirements of §§ 220-147 through 220-158 or the stormwater management plan. The waiver may be granted where an applicant has demonstrated the inability or impracticality of strict compliance with §§ 220-147 through 220-158 and/or the stormwater management plan upon the following conditions. The applicant must demonstrate one of the following:
(a) 
An inability to apply any of the best management practices and methodologies as defined and approved herein and in the stormwater management plan, due to an extraordinary and exceptional situation uniquely affecting the subject property or structures thereon, resulting in a peculiar and exceptional practical difficulty or undue hardship; or
(b) 
That the purposes of §§ 220-147 through 220-158 and stormwater management plan can be advanced by a deviation from the best management practices and methodologies as defined and approved herein and in the stormwater management plan, where the benefits of such deviation substantially outweigh any detriment.
(3) 
In requesting a waiver as to any application, the applicant may submit as reasons for the waiver the site conditions of the proposed project, including soils types; thin soil cover; low permeability soils, and/or shallow depths to groundwater (high groundwater levels), unique conditions which would create an unsafe design, or conditions which would provide a detrimental impact to public health, welfare, or safety.
(4) 
The waiver cannot be granted due to conditions created by the applicant. If the applicant can comply with the requirements of §§ 220-147 through 220-158 and stormwater management plan through reducing the size of a project, the hardship is self-imposed, and therefore the Board lacks jurisdiction to grant any waiver under this section.
(5) 
The applicant must propose a suitable mitigation method through the submission of a mitigation plan which will conform as closely as possible to the design and performance standards of §§ 220-147 through 220-158, through structural or nonstructural stormwater management measures, governing stormwater quality, quantity, and groundwater recharge. Approval of a waiver or exemption from any one of the three stormwater design standard criteria which include groundwater recharge, water quality, and water quantity provides no guarantee that, if requested, an exemption or waiver will be granted for either or both of the remaining criteria.
(6) 
Supporting evidence for an exemption or waiver shall be prepared in the form of a stormwater management report which will be signed and sealed by a New Jersey licensed professional engineer. The report shall include at a minimum:
(a) 
Detailed hydrologic and hydraulic calculations identifying the sizing criteria for each BMP and the stormwater collection system based upon the anticipated peak flow and/or volume.
(b) 
A map of the planned project showing existing conditions with drainage boundaries and land features, including delineated wetlands, proposed improvements, including all BMPs, grading, utilities, impervious features, and landscaping.
(c) 
Construction details for each BMP with appropriate contact information.
B. 
Mitigation criteria. The mitigation requirements listed below offer a hierarchy of options that are intended to offset the effect on groundwater recharge, stormwater quantity control, and/or stormwater quality control to an equal or greater extent than was created by the granting of a waiver or exemption from the stormwater management requirements. The mitigation criteria are listed below in order of preference:
(1) 
Identify, design, and implement a compensating measure to mitigate impacts. The preferred option is to identify and develop a compensating mitigation project in the same drainage area as the proposed development. In these cases, the applicant will address the same issue within the design and performance standards for which the variance or exemption is being sought, and demonstrate that the proposed mitigating measures provide equal or greater compensation to offset the noncomplying aspect of the stormwater management system on site. The developer must also ensure the long-term maintenance of the project as outlined in Chapters 8 and 9 of the NJDEP Stormwater BMP Manual. If the Township agrees to control a new stormwater management facility, arrangement in the form of an escrow account will be made to stipulate the payment amount, schedule, and long-term responsibilities of the facility to ensure that it functions to capacity.
(2) 
Complete a project identified by the municipality as equivalent to the environmental impact created by the exemption or variance. If a suitable site cannot be located in the same drainage area as the proposed development, as discussed in Option 1,[1] the mitigation project may provide measures that are not directly equivalent to the impacts for which the variance or exemption is being sought, but that addresses the same issue to an equal or greater extent. For example, if a variance is given because the eighty-percent TSS requirement has not been met, the selected project may address water quality impacts that increase the siltation of a water body within the applicable HUC14 subwatershed.
(a) 
If these criteria cannot be met on site, the Township has identified the retrofitting of existing basins as the primary mode for mitigation measures to follow. Through clearing sediment, expanding capacity, or bringing the basin into compliance with water quality standards, mitigation opportunities have the potential to significantly improve stormwater management issues that face Marlboro Township.
(b) 
As many of the developments in Marlboro were constructed with curb and gutter drainage, stormwater is often funneled and released directly into an adjoining water body. As these methods are contrary to the stormwater management BMPs outlined in the NJDEP's BMP Manual and endorsed through the adoption of the state's new stormwater regulations, the retrofitting of these basins can dramatically improve the Township's existing stormwater management infrastructure. Mitigation projects can utilize a number of BMPs to offset the stormwater management of a project that is unable to comply with the new design standards. However, these BMPs, which may include sand filters, vegetative filters, or the incorporation of a manufactured treatment device, among other possibilities, will be engineered and applied on a site-by-site basis. In general, the engineering necessary to determine the mitigative measure that is most suited for a particular basin is the responsibility of the applicant, and must be determined and submitted by the applicant along with the particular project's site plan. Marlboro has identified locations within the Deep Run watershed where BMPs can be utilized to improve stormwater management and reduce flooding. These locations, which have been identified by catchment area, offer developers specific options such as improving culverts, or upgrading infrastructure to use as mitigative alternatives. Applicants that are seeking waivers for development proposals located within the Deep Run watershed are strongly encouraged to reference the 10 Subwatershed Impact Assessment and Implementation Project Summary Tables that are included within the Identification and Evaluation of Impairments Within the Deep Run Watershed Report. Copies of the aforementioned report are available at the Township Clerk's office.
[1]
Editor's Note: See Subsection B(1) above.
(3) 
Provide funding for municipal projects that would address existing stormwater impacts. The third and least preferable stormwater mitigation option is for the applicant to provide funding or partial funding for an environmental enhancement project that has been identified in the municipal stormwater management plan, or towards the development of a regional stormwater management plan. The contributed funds must be equal or greater than the cost to implement the required on-site stormwater measure for which relief is requested including the cost of land, easements, engineering design, and long-term maintenance. However, with this option, Marlboro Township, not the applicant, is ultimately responsible for the design, property acquisition, construction, construction management, maintenance (short-term and long-term) and follow-up study, unless that project and its prospective costs have been outlined within this mitigation plan. An applicant may also propose a mitigation project on a site that has not been identified in this mitigation plan. However, in each circumstance the selection of a mitigation project must incorporate the following requirements:
(a) 
The project must be within the same area that would contribute to the receptor impacted by that project. If there is no specific sensitive receptor impacted, then the location of the mitigation project may be located anywhere within the municipality, preferably at a location that would provide the greatest benefit.
(b) 
Legal authorization must be obtained to construct the project at the location selected. This includes the maintenance and any access needs for the project throughout its operation.
(c) 
The mitigation project should be located close to the original development project. If possible, the mitigation project should be located at a similar distance from the identified sensitive receptor. This distance should not be based on actual location, but on a similar hydraulic distance to the sensitive receptor. For example, if a project for which a waiver is obtained discharges to a tributary, but the closest location discharges to the main branch of a waterway, it may be more beneficial to identify a location discharging to the same tributary.
(d) 
It is preferable to have one location that addresses any and all of the performance standards waived, rather than one location for each performance standard.
(e) 
The project location must demonstrate no adverse impacts to other properties.
(f) 
For projects addressing the groundwater recharge performance standard, a mitigation project site upstream of the location of the actual project site is preferable to a downstream location.
(g) 
Mitigation projects that address stormwater runoff quantity can choose to provide storage for proposed increases in runoff volume, as opposed to a direct peak flow reduction.
(h) 
Mitigation projects that address stormwater runoff quality can choose to address another pollutant other than TSS, which has been demonstrated to be of particular concern, such as streams that have been listed as an impaired water body for other pollutants. However, care must be taken to ensure that waivers that are granted for the TSS requirements do not result in the impairment of an existing unimpaired area.
C. 
Requirements for mitigation projects.
(1) 
Whether the applicant is proposing the mitigation project, or Marlboro has identified the project within this mitigation plan, the following requirements for mitigation must be included in the project submission:
(a) 
Impact from noncompliance. The applicant must provide a table to show the required values, and the values provided in the project, and include an alternatives analysis that demonstrates that on-site compliance was maximized to the greatest extent practicable.
(b) 
Narrative and supporting information regarding the need for the waiver. The waiver cannot be granted for a condition that was created by the applicant. If the applicant can provide compliance with the stormwater rules through a reduction in the scope of the project, the applicant has created the condition and a waiver cannot be issued. The applicant must provide a discussion and supporting information of the site conditions that would not allow the construction of a stormwater management facility to provide compliance with these requirements, and/or if the denial of the application would impose an extraordinary hardship on the applicant brought about by circumstances peculiar to the subject property. The site conditions to be considered are soil type, the presence of karst geology, acid soils, a high groundwater table, unique conditions that would create an unsafe design, as well as conditions that may provide a detrimental impact to public health, welfare, and safety.
(c) 
Sensitive receptor: identify the sensitive receptor related to the performance standard for which a waiver is sought. Demonstrate that the mitigation site contributes to the same sensitive receptor.
(d) 
Design of the mitigation project: provide the design details of the mitigation project. This includes, but is not limited to, drawings, calculations, and other information needed to evaluate the mitigation project.
(e) 
Responsible party. The mitigation project submission must list the party or parties responsible for the construction or maintenance of the mitigation project. Documentation must be provided to demonstrate that the responsible party is aware of, has authority to perform, and accepts the responsibility for the construction and the maintenance of the mitigation project. Under no circumstances shall the responsible party be an individual single-family homeowner.
(f) 
Maintenance. The applicant must include a maintenance plan that addresses the maintenance criteria at N.J.A.C. 7:8-5 as part of a mitigation plan. In addition, if the maintenance responsibility is being transferred to Marlboro Township, or another entity, the entity responsible for the cost of the maintenance must be identified. Marlboro provides applicants with the option of conveying the mitigation project to the Township, provided that the applicant funds the cost of maintenance of the facility in perpetuity.
(g) 
Permits. The applicant is solely responsible to obtain any and all necessary local, state, or other applicable permits for the identified mitigation project or measure. The applicable permits must be obtained prior to the municipal approval of the project for which the mitigation is being sought.
(h) 
Construction. The applicant must demonstrate that the construction of the mitigation project coincides with the construction of the proposed project. A certificate of occupancy or final approval by the municipality for the application permit cannot be issued until the mitigation project or measure receives final approval. Any mitigation projects proposed by the municipality to offset the stormwater impacts of the Township's own projects must be completed within six months of the completion of the municipal project, in order to remain in compliance with Marlboro's NJPDES General Permit.
(2) 
In all instances the board having jurisdiction over the application shall have the power to impose additional conditions as may be appropriate under the circumstances of the application. The Board shall make specific findings of fact and conclusions consistent with § 220-147 showing the inability or impracticality of strict compliance with §§ 220-147 through 220-158 and the stormwater management plan and justifying the approval of the applicant's mitigation plan, in order to satisfy the reporting requirements of the municipality's NJPDES permit and other applicable state law requiring the submission of reports to any state or county review agency. The Board shall also have the power to require mitigation as to applications which have received waivers from the New Jersey Department of Environmental Protection.

§ 220-159 Environmental impact report.

A. 
An environmental impact report shall accompany all applications for major subdivision and site development plans and shall provide the information needed to evaluate the effects of the proposed development upon the environment and shall include data, be distributed, reviewed and passed upon by the approving board as follows.
B. 
The environmental impact report shall include:
(1) 
A description of the project complete with maps and drawings, including maps of the project site as it relates to the town and the region, how it is to be constructed and a construction schedule, and its location (site).
(2) 
An inventory of existing environmental conditions at the project site and surrounding region, including air and water quality, water supply, soils, geology, topography, vegetation, animal life, land use, aesthetics and history and consideration of additional factors, dependent on the sizes and type of project.
(3) 
A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each. The approvals and permits should be required before final consideration of the site plan.
(4) 
An assessment of the environmental impact of the project described in Subsection B(1) upon the factors described in Subsection B(2), including an evaluation of the public costs of the project. The public costs include additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
(5) 
A listing of all adverse environmental impacts, especially irreversible and irretrievable damage, that cannot be avoided.
(6) 
A list of alternatives to the project, including "no project," and the reasons for their acceptability or nonacceptability. Alternatives should consider both short- and long-term environmental effects of the project.
(7) 
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation. The consideration of soil erosion, preservation of trees, protection of watercourses, protection of air resources and noise control are some factors to be considered here.
C. 
Waiver. Notwithstanding the foregoing, the approving board may, at the request of an applicant, waive the requirements for an environment 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 requirements 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.[1]
[1]
Editor's Note: Former § 84-107, Fences and walls, which followed this section, was repealed 5-23-1991 by Ord. No. 11-91.

§ 220-159.1 Site investigation and soil sampling reports.

[Added 10-16-2008 by Ord. No. 2008-29]
A. 
Filing of report.
(1) 
Prior to any development application (including major or minor subdivision and site plan approvals) being deemed complete by the Township's administrative officer, a preliminary site investigation report and soil sampling report, as set forth in this section, shall be filed by the applicant.
(2) 
Exemptions. No applicant shall be required to submit a preliminary site investigation report and soil testing report for the following types of applications:
(a) 
Applications for signage;
(b) 
Applications for bulk variances in connection with decks, pools, and/or sheds for existing uses;
(c) 
Applications for minor subdivisions which create no new lots;
(d) 
Applications for site plan waivers;
(e) 
Applications making minor revisions to existing site plans;
(f) 
Applications involving open space and continued farming; and
(g) 
Applications for sites for which final approval has previously been granted.
(3) 
Notwithstanding the foregoing exemptions, a preliminary site investigation report and soil sampling report may be required at the direction of the respective land use board with jurisdiction over the application if the Planning or Zoning Board finds that, based upon historical data, there is reason to believe that the site is potentially contaminated.
B. 
Review of reports. The Township's Environmental Commission shall review the preliminary site investigation report and soil testing report and provide its recommendation to the board with jurisdiction over the application. In addition, the preliminary site investigation report and soil testing report shall be reviewed by the appropriate board professional who shall provide his or her recommendation to the board with jurisdiction over the application.
C. 
Requirements for reports. The reports shall be conducted and submitted in two parts.
(1) 
Preliminary site investigation report.
(a) 
First, the applicant shall submit a preliminary site investigation report that shall have been prepared within six months of the applicant's submission that provides historical information on the previous uses of the proposed site so that potential contaminants or areas of concern can be identified prior to any soil sampling. The preliminary site investigation report shall be based upon diligent inquiry by the applicant and at a minimum shall contain the following:
[1] 
Names of all present owners and operators, and all prior owners or operators of the site who have held an interest in the site in the last sixty (60) years.
[2] 
Dates of ownership for each owner.
[3] 
Dates of operation of each owner.
[4] 
Description of past agricultural or industrial use of the site.
[5] 
List of pesticides, herbicides, insecticides or other contaminants used or stored at the site.
[6] 
Approximate period of time of use or storage of pesticides, herbicides, insecticides or other contaminant(s), as the term "contaminant" is defined in N.J.A.C. 7:26E-1.8, at the site.
[7] 
Records relating to any past remedial activities.
[8] 
Copies of all present and prior sampling data.
[9] 
A scaled site plan or survey detailing lot/block numbers, property boundaries, buildings, storage or use areas for any pesticides, herbicides, insecticides or other contaminants, wetlands, streams, ponds, septic and cesspool systems, underground storage tanks, and inactive and active wells.
[10] 
Identification and delineation of all areas where nonindigenous fill materials were used on site.
[11] 
A delineation of any areas believed to be contaminated including identification of the contaminant(s) present.
(b) 
The Environmental Commission and board professionals shall review the preliminary site investigation report within 45 calendar days of receipt. Incomplete preliminary site investigation reports shall be returned to the applicant with comments for resubmittal. Following the acceptance of the preliminary site investigation report, the applicant shall submit a soil sampling report unless the administrative officer shall have waived the soil sampling report requirement based upon the recommendations of the Environmental Commission and board professionals that indicate that the applicant has satisfactorily demonstrated that the site has not historically been used for either agricultural or industrial uses resulting in contamination of the site.
(2) 
Soil sampling report.
(a) 
If the submittal of a Soil Sampling Report has not been waived pursuant to Subsection C(1), then a soil sampling report must be submitted that demonstrates that the sampling locations and sampling depths were biased towards areas of greatest potential contamination. If there is no basis for biasing sampling locations, one sample shall be taken every two acres. A minimum of one sample shall be taken at the proposed site. Sampling locations shall be identified on the site plan and affixed with GPS coordinates.
(b) 
Unless otherwise directed by the administrative officer, all samples shall be analyzed for lead and/or arsenic using USEPA Method SW-846-6010B, and a pesticide scan performed using USEPA Method SW-841-8081A. In the event additional contaminants are suspected to exist and/or identified in the preliminary site investigation report, the administrative officer may direct that appropriate analysis be performed using the applicable USEPA or NJDEP analytical protocol. The date(s) of the soil sampling event(s) must be provided, both by telephone and in writing, to the Township's Departments of Engineering, Planning and Zoning a minimum of 10 calendar days prior to the collection of the samples.
(c) 
The soil sampling report shall contain a table listing lead, arsenic, pesticides and other contaminants analyzed with the result of each parameter analyzed for each sample. An evaluation of each contaminant, including its potential impact upon groundwater or nearby surface waters shall be included in the report. All sampling and analytical work, remediation, quality assurance and laboratory methods must be conducted in accordance with the most recent NJDEP Field Sampling Procedures Manual protocol in accordance with N.J.A.C. 7:26E-l et seq., Technical Requirements for Site Remediation.
(d) 
In the event that a soil sampling report has not been submitted at the time that the application has been deemed complete, the board with jurisdiction over the application retains the authority to require that a soil sampling report be submitted by the applicant. The board with jurisdiction over the application may require a soil sampling report if it determines, based upon the records presented at the public hearing, and the testimony given, that there is reason to believe that the site is potentially contaminated. The board with jurisdiction over the application may require that the soil sampling report be submitted prior to making a final determination on the merits of the application, or it may require that the soil sampling report be submitted as a condition of approval of the application.
D. 
Proof of remedial action.
(1) 
In the event that remedial action is required, or has occurred, as a result of the presence of contaminants at the site in excess of the NJDEP soil or groundwater cleanup criteria, the applicant shall provide the following documentations with its application:
(a) 
Remedial action work plans or remedial action reports submitted to the NJDEP in accordance with the applicable technical regulations for site remediation.
(b) 
Copies of any correspondence from NJDEP indicating a deficiency with any plans or reports submitted.
(c) 
Copies of the no further action letter issued by NJDEP, including any conditions imposed by NJDEP thereto.
(d) 
Copies of any filed deed notices applicable to the site.
(2) 
The Board with jurisdiction over the application may condition the approval of any development upon the requirement that a full site no further action letter be obtained from the NJDEP pursuant to N.J.S.A. 40:48-2.57.

§ 220-160 Fire protection.

A. 
Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Municipal Fire Department or Municipal Engineer and in accordance with fire insurance rating organization standards.
B. 
Where streams or ponds exist or are proposed on lands to be developed, facilities shall 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 in accordance with fire insurance rating organization standards.

§ 220-161 Floodplain regulations.

(Also see §§ 220-147 through 220-158, regarding stormwater management, and 220-173, Public use and service areas, in this article.)
A. 
The purposes are:
(1) 
To implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of a flood hazard area.
(2) 
To discourage construction and regrading in flood hazard areas.
(3) 
To prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass.
(4) 
To prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.
B. 
The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Municipal Engineer may, upon request of and at the expense of the applicant or at the request of the approving authority and with the consent of the landowner and at the applicant's expense, determine the precise location of a floodway and flood-fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that where state or federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.
C. 
Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and to construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations.
D. 
Any lot containing a flood-fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.
E. 
The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have been corrected or a variance has been granted.
F. 
Permitted uses in a flood-fringe portion of the flood hazard area shall be restricted to the following, provided they are permitted uses in the district in which the flood-fringe portion is located:
(1) 
Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) 
Industrial-commercial: yards, loading areas and parking areas.
(3) 
Recreation: golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping, and open space uses such as hiking trails.
(4) 
Residential: lawns, gardens, parking areas and play areas.
G. 
The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
H. 
Upon reviewing the application, hearing the applicant's representation and reviewing comments received from other municipal agencies to which the application was forwarded for comment, the approving authority shall deny, approve subject to conditions or approve the application. Its conclusion shall be based on findings related to the above criteria.

§ 220-162 Grading and filling.

All lots being filled shall be filled with clean fill and/or topsoil in such a manner as to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way.

§ 220-163 Height limits.

Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, spires, cupolas, flagpoles, chimneys, water tanks 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, except church spires and farm silos shall have no height restrictions.

§ 220-164 Lighting.

All parking, loading and unloading areas and walkways thereto and appurtenant passageways and driveways serving commercial, public office, industrial or other similar uses having off-street parking and loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum 0.3 footcandle anywhere in the areas to be illuminated and shall average a minimum of 0.5 footcandle over the entire area, and such lighting shall be provided by fixtures with a mounting height not to be more than 25 feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower, and spacing not to exceed five times the mounting height. Except for low-intensity sign and exterior building surface decorative lighting, for each fixture the total quantity of light in lumens radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light in lumens emitted from the light source. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects on adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.

§ 220-165 Lots.

A. 
Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.
B. 
Insofar as is practical, side lot lines shall not deviate more than 10° from either the right angle of a straight street or the radial of a curved street.
C. 
Each lot must front upon an approved public street at least 50 feet in width.
D. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
E. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. If approval is withheld, the approving authority shall give reasons and nature of investigation made, notify the applicant and enter same in the minutes.
F. 
Corner lots. Structures located on a corner lot shall be set back from both streets the required front yard distance, but in no case less than required for a clear-sight triangle, and shall meet the front yard requirements on both streets.
G. 
Interior residential lots; flat lot.
(1) 
A lot of seven or less acres existing at the time of this chapter in any district where a single-family use is permitted may be subdivided for one and only one additional lot whose frontage on a public street shall be a fifty-foot-wide access lane. Such a lot layout shall be permitted only if it will not adversely affect the development of the remaining undeveloped land. This provision shall not apply to a lot subdivided under the rural residential provisions of this chapter. The frontage shall be measured at the street line, and the side lines of the access lane shall be reasonably perpendicular to such frontage so that the access lane created is reasonably suited for construction and use as a private lane or possible development of a Township street.
(2) 
Both lots, exclusive of the access lane, shall meet the width, depth and area requirements of the schedule of limitations for that district in which such lots are located.
(3) 
In the event that an additional lot or lots shall be subdivided along such access lane, the owner of the access lane shall, at his own expense, pave and improve said private lane for its entire length in accordance with all Township standards regulating street construction and the provisions of this chapter and shall offer such road to the Township as a public street as a condition of subdivision approval. Furthermore, such road improvements shall be made and necessary subdivision approval received prior to the issuance of a building permit for the additional dwelling or dwellings.
H. 
Contiguous undersized lot or lots under one ownership are considered one lot.

§ 220-166 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 final plat for minor and 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 four feet and minimum diameter of one inch; said markers shall be installed prior to granting of a certificate of occupancy, and installation of same shall not be included in performance or maintenance guaranties covered in § 220-30, Guaranties, inspections and developer's agreements. Lot corners marked in accordance with requirements of § 220-47A(6), Cluster development, are exempt from these lot corner marking requirements.

§ 220-167 Natural features.

Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees in order to enhance soil stability and the landscape treatment of the area.

§ 220-168 Off-site and off-tract improvements.

[Amended 5-14-1987 by Ord. No. 17-87]
A. 
The Planning Board and/or the Board of Adjustment shall require, as a condition of final subdivision and site plan approval, that the developer pay his pro rate share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and other facilities necessary for the health, safety and welfare of the public and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans and other relevant or appropriate plans included in the Marlboro Township Master Plan. The developer shall contribute his pro rata share of the costs, except that in the case where all costs for the required improvements can be properly allocated to the developer, he may be required to install the improvement.
B. 
The developer shall pay the full cost or shall be required to construct off-tract improvements that are wholly necessitated by the proposed development where said improvements do not benefit any land other than the land within the subdivision or site plan.
C. 
The developer shall provide for payment of its pro rata share, as determined in Subsections E and F of this section of all off-tract improvements required by the Planning Board or the Board of Adjustment if such improvements are wholly or partially necessitated by the proposed development where said improvements benefit lands other than those within the subdivision or site plan.
D. 
The developer shall deposit with the Township a percentage of the total cost of the necessary improvements equal to the percent of benefit which said development will receive from the necessary improvements in relation to the total benefit resulting from the necessary improvement to all properties as developed or potentially developed.
E. 
In apportioning the benefits of off-tract improvements as between the developer and other property owners and the general public, the Planning Board shall be guided by the following factors:
(1) 
The increase in market values of the properties affected and any other benefits conferred.
(2) 
The needs created by the application.
(3) 
Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements.
(4) 
The estimated time for construction of the off-tract improvements.
F. 
Without limiting the generality of the foregoing, the Planning Board may take into account the following specific factors:
(1) 
With respect to street widening, alignment, curbs, gutters, streetlights, sidewalks, street signs, and traffic signalization improvements, the Planning Board may consider:
(a) 
Traffic counts.
(b) 
Existing and projected traffic patterns.
(c) 
Quality of roads and sidewalks in the area.
(d) 
Such other factors as it may deem relevant to the needs created by the proposed development.
(e) 
Functional capacity of roads.
(f) 
Local bridges, county bridges and other county improvement.
(2) 
With respect to drainage facilities, the Planning Board or the Board of Adjustment may consider:
(a) 
The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part.
(b) 
The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan.
(c) 
The use, condition or status of the remaining land area in the drainage basin.
(3) 
With respect to sewerage facilities, the Planning Board may consider:
(a) 
Flow measurements.
(b) 
Projected future loadings to the system.
(c) 
Condition of the existing sewerage facilities.
(d) 
Amount of infiltration/inflow in the existing system.
(e) 
The use, condition or status of the remaining land in the sanitary sewer service area.
(f) 
The reports of the Marlboro Township Municipal Utilities Authority[1] and the Western Monmouth Utilities Authority with regard to this proposed development.[2]
[1]
Editor's Note: The Marlboro Township Municipal Utilities Authority, established 5-24-1962, previously included in Ch. 60, Art. I, was dissolved 12-18-2009 by Ord. No. 2009-45. See now § 4-88.1, Division of Water Utility.
[2]
Editor's Note: See Ch. 60, Utilities Authority.
(4) 
Any reports issued by the Township Council of the Township of Marlboro where the development may require the expenditure of funds by the Council or where the development requires any other action by the Township Council.
G. 
The Planning Board and the Board of Adjustment are authorized to retain such experts as are required to assist them in ascertaining the costs of such improvements and the developers pro rata share thereof. The developer shall pay the costs for the services of the experts and shall deposit those costs with the Township.
H. 
Any money received by the Township for off-tract improvements to be constructed or installed by the Township pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Township is responsible has not commenced within 10 years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.

§ 220-169 Off-street parking.

A. 
Carports and garages. No carports are permitted in the Township. Unless otherwise permitted by this chapter, detached single-family dwellings shall have a minimum two-car garage, attached to or detached from the principal building, having a minimum area of 400 square feet and shall provide a minimum twenty-foot-wide driveway connecting the garage to the adjacent street constructed in accordance with the requirements contained herein. Single-family dwellings located in zoning districts where one-car garages are specifically permitted shall have ten-foot minimum width driveways otherwise conforming in all respects to the requirements contained herein.
[Amended 7-14-1988 by Ord. No. 32-88; 5-18-1989 by Ord. No. 12-89; 10-20-2005 by Ord. No. 2005-46]
(1) 
Driveways connecting public streets to two-car residential garages, where the setback does not exceed 50 feet, shall have a minimum width of 10 feet for one-car or 20 feet for two-car garages throughout their length from the sidewalk, or the curbline if there is no sidewalk, to the garage. Side entry garages shall have a minimum twelve-foot width with a minimum twenty-five-foot-by-twenty-five-foot driveway apron in front of the doors conforming to the driveway requirements in all other aspects.
(2) 
Driveways shall be paved with a uniform two-course pavement throughout their length and width, provided further that any driveway over 75 feet in length in the LC and/or R-80 Zoning Districts, unless a major subdivision is involved, shall only be required to be paved the first 40 feet from the street or public right-of-way, with the remaining driveway area consisting of crushed stone. The upper lift shall be bituminous concrete surface course and the lower lift shall be bituminous concrete base course. Driveways shall be substantially flush with their surroundings.
(3) 
The upper driveway pavement course shall consist of two inches minimum of FABC Mix 1-5 asphalt. The lower driveway course (or base course) shall consist of at least three inches of bituminous stabilized base course Mix I-2 asphalt material. This base course shall be rolled and compacted, and a tack coat shall be placed on it prior to the placement of the two-inch FABC topping. The three-inch base layer shall be placed on top of a free draining, well compacted soil subgrade which shall be of appropriate grain size distribution to support the overlying asphalt courses.
(4) 
If subgrade is unstable due to sponginess, wetness or unsuitability of the underlying soil, then a stone material shall be installed to adequately address this condition.
(5) 
The two-inch FABC surface course shall be smooth, shall not be open-grained and shall conform to the following criteria:
(a) 
A two-foot-long straight edge placed flat in any position on the finished asphalt driveway surface shall not protrude at any point by more than 3/8 inch from the surface. This requirement shall not apply in the strip on both sides of the driveway within eight inches from both its edges.
(6) 
The driveway shall be constructed in a workmanlike manner and shall be constructed in a way which would be conducive to adequate surface drainage both of the driveway itself and the surrounding area. The driveway shall be constructed in a way which would totally protect the garage from receiving surface runoff.
(7) 
Standards.
(a) 
The two-inch asphalt top (FABC) shall comply with New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(b) 
The three-inch asphalt base (MABC) shall comply with New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(c) 
Tack coat shall also comply with the current New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(8) 
The foregoing provisions shall apply only to residential driveways.
(9) 
Inspection of residential driveways shall be performed by the Engineering Department, and enforcement shall be made pursuant to this chapter. Material tickets shall be provided for all pavement courses to insure compliance with the New Jersey Department of Transportation Standard Highway Specifications, latest edition, and all supplements thereto.
(10) 
There shall be due to the Township an inspection fee in the amount of $100 for new driveways and driveway additions that are not included as bonded improvements. This fee shall be payable to the Township prior to the inspection of the driveway.
[Amended 2-17-2011 by Ord. No. 2011-1; 6-16-2011 by Ord. No. 2011-14; 2-2-2012 by Ord. No. 2012-3; 2-21-2013 by Ord. No. 2013-4]
B. 
Landscaping.
(1) 
For lots in residential zones containing other than only a single-family dwelling use, screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line, such planting to be located within 15 feet of the edge of the parking areas. In lieu of screen planting, a fence of woven lattice, masonry wall, wooden louver type or split cedar fence with a maximum of three-fourths-inch spacing, or any combination of plantings, walls and fences, may be provided, and same shall be not less than four feet nor more than six feet in height, maintained in good condition and without advertising. All fences and walls shall be landscaped.
(2) 
A minimum of 5% of the interior of any parking area over 5,000 square feet shall be landscaped within the parking area with shrubs no higher than four feet when fully grown and/or with trees with lower branches removed so as not to cause traffic hazards. In rows of parking spaces, an area equal to at least one parking space out of every 10, or an alternate arrangement providing equal landscaped area which the Planning Board determines meets the intent of this provision, shall be provided. This landscaping is in addition to any other landscaping requirements of this chapter.
C. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets.
D. 
Surfacing and curbing.
(1) 
Surfacing.
(a) 
Any parking lot and access drives shall be paved as outlined below or the equivalent as determined by the Township Engineer. All parking areas, regardless of size and location, shall be suitably drained and maintained. Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with four inches of compacted base course of plantmixed bituminous stabilized base course constructed in layers of not more than two inches in compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto.
(b) 
A two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 1, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(c) 
Parking stall areas and other areas likely to experience similar light traffic shall be paved with three inches of compacted base course of plantmixed bituminous stabilized base course prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(d) 
When subbase conditions of proposed parking area are wet, springly or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The area shall be excavated to a depth of six inches to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.
(2) 
Curbing.
(a) 
All off-street parking lots shall be provided with curbing or the equivalent so that vehicles cannot be driven onto required landscaped areas, buffer zones and street rights-of-way and so that each parking lot has controlled entrances and exits and drainage control.
(b) 
Curbing or wheel stops shall be located to prevent any part of the vehicle from overhanging the street right-of-way property lines or internal sidewalks. Parking spaces shall not be an extension of any street right-of-way.
(3) 
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
E. 
Access. Except for single-family dwellings, access points from any one lot crossing the street line shall be limited to a maximum of two means of ingress and two means of egress along the frontage of any single street, and the center lines of any separate access points shall be spaced at least 65 feet apart, and such access points shall handle no more than two lanes of traffic, be at least 150 feet from the street line of any intersecting street and be at least 40 feet from any property line. For all uses, continuous open driveways in excess of 16 feet at the street line shall be prohibited, except for nonresidential uses where driveways of more than 16 feet may be permitted with the approval of the approving authority after giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and traffic lane divider. For all uses, curbing shall be either depressed at the driveway or rounded at the corners and the driveway connected with the street in the same manner as another street.
F. 
Location, provision and maintenance of parking areas. Parking spaces shall be provided and maintained as long as the buildings and premises are used for the purposes indicated, and they may not be considered as provided unless reasonable precautions are taken to assure their use only by persons residing or employed in or visiting the building or premises for which they are provided. Required off-street parking spaces shall be on the same lot or premises as the use served regardless of the number of spaces required by this chapter. Off-street parking may occupy front, side and rear yard areas, subject to site plan approval, but shall be no closer than 20 feet to any street line. No parking of vehicles shall be permitted in fire lanes, driveways, aisles or turning areas and street rights-of-way. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space.
G. 
Type of facility. Parking spaces for nonresidential facilities may be on the surface of the ground or within underground or other garage facilities.
H. 
Sufficient number of spaces, access and parking space dimensions.
[Amended 12-11-1986 by Ord. No. 54-86; 9-27-1990 by Ord. No. 43-90]
(1) 
The provision of the parking spaces required for each use shall be held to be the minimum number of spaces required, and the owner shall provide the necessary additional spaces should experience indicate that the spaces provided are inadequate. All parking spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. The minimum dimensions of aisles and parking stalls shall be as shown below. Where the angle of parking is different on both sides of the aisle, the larger required aisle width shall prevail. It is the intention of this chapter that perpendicular, parallel and/or angle parking are to be permitted. Each is to be used where good engineering practice, traffic circulation and safety considerations indicate.
Angle Parking Dimensions
A.
Parking angle
B.
Stall width
C.
Stall to curb
D.
Aisle width
E.
Curb length per car
F.
Curb to curb
G.
Stall length
A
(degrees)
B
(feet)
C
(feet)
D
(feet)
E
(feet)
F
(feet)
G
(feet)
60
10
22
22*
11.5
66*
20
70
10
22
22*
10.6
66*
20
80
10
21.5
24*
10.2
67*
20
90
10
20
25
10.0
65
20
*
NOTE: Dimensions shown are for one-way aisles. Only ninety-degree parking is permitted with two-way aisles.
(2) 
Islands with raised curbs located between adjacent rows of angle or perpendicular parking spaces and at the ends of rows shall be installed in all parking areas consistent with good engineering practice, traffic circulation and safety and maintenance considerations and in such a number and manner as to provide the landscaping required in such parking areas by § 220-169B. It is not intended to require islands between every pair of adjacent rows of parking spaces, but rather that the islands be placed in such a manner as to discourage the hazardous cross aisle traffic movement of vehicles in other than designated pathways. The minimum dimensions of these islands shall be as shown in the following diagram. (See also § 220-97E.)
(3) 
Existing parking facilities are not required to revise the existing parking layout in order to install island separations and angle and/or perpendicular parking as a general requirement of this section. In specific instances, such revision may be required under § 220-97A(7) as a consequence of findings of the Township Engineer or the Division of Highway Safety of the Township Police Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-170 Planned developments.

Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall find the following facts and conclusions:
A. 
All planned developments shall be designed in accordance with the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.
B. 
Proposals for maintenance and conservation of the common open space proposed to be handled by a private agency shall be reliable and shall be established in accordance with the homeowners' association provisions of this chapter. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.
D. 
The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. 
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

§ 220-171 Principal uses.

No lot shall have erected upon it more than one residential building. No more than one principal use shall be permitted on one lot, except for shopping centers receiving site plan approval where all uses are as permitted for that zone, and except agricultural uses where the residence and permitted agricultural uses are permitted on the same lot.

§ 220-172 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 building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plans 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.

§ 220-173 Public use and service areas.

A. 
In large-scale development, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments and authorities concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Easement dedication shall be expressed on the plat in accordance with the drainage provisions of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Conservation, drainage and utility right-of-way easement. Where a minor or major development is traversed by a watercourse, open drainageway, channel or stream or where the Master Plan, Official Map or natural resources inventory of the Township of Marlboro delineates a floodplain or conservation easement, a conservation, drainage and utility right-of-way easement shall be furnished to the Township by the developer.
(1) 
The easement shall extend on both sides and shall follow the general course of the watercourse, open drainageway, channel or stream and shall extend from the center line of said course and a line approximately parallel to the top of the bank 25 feet distant back from it.
(2) 
This easement is granted for the purposes provided for and expressed in this section and in the definition of the terms "conservation, drainage and utility right-of-way easement" and "drainage and utility right-of-way" in § 220-4B of this chapter.
(3) 
This easement prohibits the removal of trees and ground cover except for the following purposes: the installation and maintenance of drainage facilities and utilities, the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.
(4) 
No structures except those required for drainage and utilities or to impound water shall be located in this easement.
(5) 
The easement shall be indicated on the sketch, preliminary and final plats and shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise in the future.
(6) 
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines.
(7) 
Such easement dedication shall be clearly indicated.
[Amended 12-11-1987 by Ord. No. 66-87]
(8) 
No relocation, construction or reconstruction, grading, filling or cutting shall take place within the area of the easement, nor shall any structures or fences 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 Council approval.
[Amended 12-11-1987 by Ord. No. 66-87]
C. 
Where natural streams, ponds or pond sites exist or are proposed on lands to be developed, where feasible, facilities shall be provided to draft water for Township fire-fighting purposes that are usable in all seasons of the year. This shall include access to a Township street suitable for access by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or on-tract development where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and in accordance with fire insurance rating organization standards.
D. 
Water supply.
(1) 
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 their approval. The system shall also be designed with adequate capacity and sustained pressure.
(2) 
Where public water is not available, water shall be provided for 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.
E. 
Sanitary sewers and septic systems.
(1) 
If a public treatment and collection system is accessible, the developer shall construct facilities in such a manner as to make public sewerage facilities available to each use within the development.
(2) 
Any treatment plant and collection system, including individual lot septic systems, shall be designed in accordance with the requirements of the state agency having jurisdiction and/or Township ordinances enforced by the Township Board of Health, whichever is more restrictive, and shall be subject to approval by the Township Board of Health.

§ 220-174 Public utilities.

A. 
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 utility's 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, and the developer shall provide the Township with two copies of a final plat showing the installed location of these utilities, prepared and certified as to accuracy by the serving utility. 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 and gas utilities, for major or 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 are already installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.
B. 
All installation under this section to be performed by a serving utility shall be exempt from performance guaranties and inspection and certification by the Township Engineer. 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. 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 § 220-12, Exceptions, in this chapter.

§ 220-175 Communications facilities.

[Added 4-24-1997 by Ord. No. 11-97]
The following regulations shall apply to the construction of communications facilities within the Township of Marlboro:
A. 
Permitted in all zoning districts. Communications facilities shall be considered to be a permitted accessory use in all zoning districts of the Township of Marlboro. Where a communications facility is proposed to be located on a vacant parcel of property, however, said facility shall be deemed to be a permitted use until such time as another principal structure is constructed on the property. At such time, the communications facility shall then be considered to be a permitted accessory use.
B. 
Permit required. No new or replacement communications facility shall be constructed within the Township of Marlboro until a permit has been received from the Municipal Engineer. Where two communications facilities are proposed to be located adjacent to one another, then only one permit shall be necessary for the two combined structures, provided that the total square footage of the combined structures does not exceed 80 square feet. If the combined total square footage exceeds 80 square feet, or if more than two facilities are proposed to be located adjacent to one another, then additional permit(s) shall be required. The word "adjacent" shall be construed for the purposes of this chapter to mean facilities that are constructed upon the same pad or are situated within five feet from another facility. In lieu of receiving a permit from the Municipal Engineer, an applicant may apply directly to the appropriate board of the Township in order to obtain permission for construction of the desired communications facility.
C. 
Site plan approval. Site plan approval from the appropriate board of the Township shall be required for any proposed communications facility which is greater than seven feet in height or greater than 50 square feet as a footprint for a single facility or greater than 80 square feet as a footprint for two or more adjacent facilities. This calculation shall not include the pad or other base beneath the facility.
D. 
Lot coverage; size of pad. Neither the pad beneath a communications facility nor the facility itself shall be included in the calculation of lot coverage for the lot upon which the same are to be located. In no event, however, shall the pad extend more than three feet beyond the perimeter of the facility.
E. 
Submission of application and plan. Prior to the issuance of a permit, the applicant shall submit an application to the Municipal Engineer along with a detailed plan depicting the proposed construction. A form application may be received from the Engineering Department. The plan of construction must identify:
(1) 
The location of all existing underground utilities within the easement; and
(2) 
Any alteration to the existing grade of the property within the easement which will result from the proposed construction.
F. 
Application fee. There shall be a nonrefundable application fee of $500 for each permit. This fee is necessary in order to cover the costs associated with the review of each permit application by the Engineering and Legal Departments of the Township. The fee shall be submitted to the Municipal Engineer along with the completed application and proposed plan for construction and shall be placed into a separate account to be kept by the Chief Financial Officer for this purpose.
G. 
Time for action by Municipal Engineer; checklist of requirements. The Municipal Engineer shall act upon any application submitted for a permit (i.e., issue the permit or decline to issue the permit) within 20 days from the date of receipt of a complete application and construction plan from the applicant. Issuance of a permit shall be based upon a determination that the following checklist of requirements has been satisfied:
(1) 
That the proposed construction shall not adversely affect the subject property or adjacent properties.
(2) 
That adequate landscape buffering exists. Said buffering (either in its current or expected growth condition) shall not, however, in the opinion of the Municipal Engineer, be so large as to obstruct vision in a manner which would create an unsafe condition. In cases where adequate landscape buffering does not exist, the planting of such buffering to the satisfaction of the Municipal Engineer shall be a condition to the issuance of the permit.
(3) 
That adequate safety devices exist in the area of the communications facility, if deemed necessary by the Municipal Engineer. In cases where adequate safety devices do not exist, the erection of same to the satisfaction of the Municipal Engineer shall be a condition to the issuance of the permit.
(4) 
That the proposed communications facility and any accessory structure(s) related thereto are not located within a sight triangle.
(5) 
That all property owners within 200 feet of the location of the proposed facility have been notified as set forth herein and have been given an opportunity to provide comments to the Municipal Engineer prior to the issuance of the permit. The two-hundred-foot radius surrounding the proposed facility shall be depicted upon a signed plan submitted to the Municipal Engineer from a licensed surveyor on behalf of the applicant. The applicant shall notify all property owners shown to be within said two-hundred-foot area by certified mail, return receipt requested, at the addresses indicated on the tax records of the Township. The notice shall be on a form to be provided by the Engineering Department which shall advise the adjacent property owners that they shall have a period of 14 days from the date of mailing of said notice to provide comments to the Municipal Engineer regarding the proposed construction. No permit application shall be deemed to be complete until all of the certified mail return receipts have been submitted to the Municipal Engineer verifying that the applicant has mailed said notice to all of the required adjacent property owners at their last known addresses as listed on the tax records of the Township. If any comments are received by the Municipal Engineer from adjacent property owners within said period, then the Municipal Engineer shall provide the applicant with an opportunity to respond to said comments prior to the Municipal Engineer's determination on the permit application.
(6) 
That an easement or other legal approval for the location of the communications facility has been obtained from the owner of the affected property. A copy of the deed of easement or other legal document(s) evidencing said approval shall be submitted at the time of application for a permit.
(7) 
That any alteration to the existing grade of the property as a result of the proposed construction shall not adversely impact upon existing drainage patterns.
(8) 
That the construction and use of the proposed communications facility and any accessory structure(s) related thereto shall not endanger the health, safety or welfare of the inhabitants of the affected property, neighboring residents or the community in general.
H. 
Denial of permit. In cases where the Municipal Engineer declines to issue the requested permit, the Municipal Engineer shall return the proposed construction plan to the applicant along with a dated written statement outlining the reasons for said denial. Any applicant who is denied a permit to construct a communications facility within the Township of Marlboro may take any other action(s) as may be prescribed by the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time, in order to secure approval to construct the desired communications facility.

§ 220-176 Service stations and public garages.

A. 
No service station or public garage shall have an entrance or exit for vehicles within 200 feet of an entrance or exit, along the same side of a street or across the street, from any firehouse, public or private school, park, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut. No service station or public garage shall be within 2,500 feet of another service station or public garage, measured the shortest distance from property line to property line along street rights-of-way and, where measurements cross street rights-of-way, perpendicular to the street right-of-way. Driveways, aprons, parking areas and other portions of the site traveled by motor vehicles shall be located and paved in accordance with the off-street parking provisions of this chapter.
B. 
All appliances, pits, storage areas, trash facilities and accessory items displayed, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any future street line. All repair work shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
C. 
No junked motor vehicle or part thereof or not more than four motor vehicles of normal operation upon the highways shall be permitted on the premises of any service station or public garage not within a closed and roofed building; except, however, that a number not exceeding six motor vehicles may be located upon any service station or public garage premises outside a closed or roofed building, for a period of time not to exceed seven days, provided that said motor vehicles are awaiting repair by the owners thereof.
[Amended 9-28-1995 by Ord. No. 35-95]
D. 
All motor vehicle service stations that sell gasoline at retail to consumers from gasoline pumps at their stations shall be required to have an alternate energy source, such as a generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply sufficient to power up the gasoline pumps so that gasoline can be sold to the consumer. The alternate energy source shall be sufficient to operate all pumps during normal business hours of the service stations.
[Added 3-14-2013 by Ord. No. 2013-5]
E. 
The alternate energy source required by § 220-176D shall be required any time an existing motor vehicle service station undertakes a substantial renovation (e.g., tank replacement) as determined by, and in the sole discretion of, the Zoning Officer in consultation with the Construction Official.
[Added 3-14-2013 by Ord. No. 2013-5]

§ 220-177 Shade trees.

[Amended 7-14-1988 by Ord. No. 31-88]
A. 
Nursery-grown shade trees, healthy, well-branched, bagged and burlapped, with good roots, shall be planted an average of 50 feet apart and four feet from the sidewalk in the front lawn area. If there is no sidewalk, then these trees shall be planted 11 feet inside the right-of-way line on the residence side or as otherwise designated by the Planning Board.
B. 
Replanting or relocation of shade trees from these designated locations to other areas in the front yard or to the side or rear yard is not permitted. However, a homeowner may, by filling out a form, designate his unwillingness to accept the developer's shade trees; in such event, the homeowner shall undertake to plant ample landscaping equivalent or better than the shade trees. The trees which were to be planted on the lot shall then be planted elsewhere in the development in areas approved by the Township Shade Tree Commission, the Planning Board, the Township Engineer or their designated representative.
C. 
All shade trees shall have a minimum caliper of two inches, measured one foot above the ground line, and be in the height range of 10 feet to 14 feet after planting. The trees shall be of a variety approved, in writing, by the Marlboro Township Shade Tree Commission, the Planning Board or by the Marlboro Township Engineer and shall be planted in a manner which will give that particular variety of tree the best chances of survival.
(1) 
All trees shall be replanted in spring and/or early summer and later inspected by a landscape architect to ensure that the trees are adopted properly to the location.
[Added 7-20-1989 by Ord. No. 28-89]
D. 
The following trees are specifically recommended:
[Amended 7-20-1989 by Ord. No. 28-89]
(1) 
Hardwood: red maple, sugar maple, Norway maple, honey locust and American beech.
(2) 
Evergreen: Norway spruce, white pine, eastern red cedar and Canadian hemlock.
E. 
The following trees are specifically prohibited: poplar, sweetgum, silver maple, sassafras, tulip tree, all types of willow and all evergreens.
F. 
Removing existing trees from the lot or filling soil 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 these lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots.
G. 
Special attention shall be directed toward the preservation of major trees by professional means. Proof of tree variety shall be provided by the developer before the performance guaranty is released.

§ 220-178 Sidewalks.

Sidewalks shall be constructed of portland cement concrete. The concrete shall be in accordance with § 220-146C and have a minimum compressive strength of 3,000 pounds per square inch after 28 days. Sidewalks shall be not less than four feet wide and not less than four inches in thickness except between driveways and aprons, where they shall be not less than six inches in thickness throughout. A preformed bituminous expansion joint filler 1/2 inch in thickness, conforming to New Jersey Department of Transportation standards, shall be installed not further apart than every 30 feet. The finish shall be a float finish with the edges finished with a suitable finishing tool. All sidewalks shall provide for disabled access ramps at least at all corners.

§ 220-179 Sight triangles. [1]

[Amended 2-22-1990 by Ord. No. 6-90; 5-23-1991 by Ord. No. 11-91]
A. 
In any district on a corner lot, sight triangles shall be required, in addition to the right-of-way width, in which no grading, planting, fence or structure shall be erected or maintained more than three feet above the street center line. No driveway, designed for the purpose of parking motor vehicles thereon, shall be constructed or maintained within said sight triangle. The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines the following distance away from the intersecting center lines: primary and secondary arterial streets, at 300 feet; major and minor collector streets, at 200 feet; and local streets, at 90 feet. Where the intersecting streets are both arterial, both collector or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 90 feet on the intersecting streets. On all lots, no planting, grading or structure higher than three 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.
[Amended 4-22-1993 by Ord. No. 19-93]
B. 
Any exit driveway shall be so designed in profile and grading and shall be so located as to permit the following minimum sight distance shown below measured in each direction along the road; the measurement shall be taken from a point on the center line of the driveway 15 feet behind the edge of the pavement and three and 3.5 feet above grade to a point four feet above the center line of the roadway. The sight distances required for left-turning vehicles into an entrance drive are also as indicated below. This distance is measured from a point 50 feet prior to the point where a vehicle would stop to make the left turn into the driveway and three and 3.5 feet above the center line of the road to a point four feet above the center line of the road.
85th Percentile Speed on Road
(mph)
Required Sight Distance
(feet)
Left Turn Sight Distance
(feet)
25
250
300
30
300
350
35
350
400
40
400
450
45
450
500
50
500
550
[1]
Editor's Note: See Sight Triangle Easements Intersection Diagrams at the end of this chapter.

§ 220-180 Signs.

No billboards or other structures for advertising or display purposes shall be hereinafter erected in any zone except as specifically allowed in this chapter. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs or places of business. No signs of any type shall be permitted to be flashing or designed to utilize wind, mechanical and/or other means to produce motion or the illusion of motion; however, this provision shall not prohibit signs suspended from their top which may move in the wind so long as the basic design intent was not to utilize such motion. Signs shall be directly related to the business being conducted on the premises.
A. 
Animated, flashing and illusionary signs. Signs using mechanical, electrical and/or other means or devices to display flashing, movement or the illusion of movement are prohibited.
B. 
Height. No freestanding or attached sign shall exceed the maximum height provided in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter nor be higher at any point than the roof of the building if it is attached to a building.
C. 
Illuminated signs, where permitted, shall be so arranged as to reflect the light and glare away from adjoining premises in any residential zoning district and away from adjoining highways. Illuminated signs shall comply with the Electrical Code currently in effect in the Township. Neon lighted signs are prohibited. All exterior lighted signs shall be lighted from the bottom, with said lights a maximum distance of six feet from the sign and of such design as to minimize sky glare.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
E. 
Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from the street curbline. Such signs shall not exceed nine square feet on each side and shall not be more than five feet high when freestanding and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised. Such signs do not need a building permit or site plan approval.
F. 
Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said areas shall not include any supporting framework and bracing incidental to the display itself. Freestanding signs may carry advertising or displays on a maximum of two sides.
G. 
Farm signs identifying the name of the farm shall not exceed 12 square feet on each side and shall not exceed eight feet in height and shall be located no closer to the street than the future street right-of-way line.

§ 220-181 Similarity of buildings.

A. 
No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like any neighboring building then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than one of the following respects:
(1) 
Design of style of roof.
(2) 
Length of the front elevation measured between the ends of the building or structure at the first floor elevation.
(3) 
Relative location of windows in the front elevation with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(4) 
Relative location of garage, if attached, porch, if any, and the remainder of the building or structure in the front elevation, with respect to each other.
(5) 
Type or kind of materials used in the outside wall construction in the front elevation.
B. 
Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.

§ 220-182 Soil erosion and sediment control.

A. 
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 building permit shall obtain site plan approval except for cases covered in § 220-13B of this chapter.
B. 
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 surfaces in order to promote the safety, public health, convenience and general welfare of the community.
C. 
Regulation. No major site plan or major subdivision shall be granted preliminary approval until the soil erosion and sediment control plan has been approved. The applicant may submit the soil erosion and sedimentation control plan approved and certified by the Freehold Soil Conservation District and request that it be accepted in lieu of the requirements of this section, and the approving agency shall approve, partially approve or disapprove said request.
D. 
Data required.
(1) 
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.
(2) 
The soil erosion and sediment control plan shall be reviewed as to completeness and effectiveness by the Municipal 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 and cost of all required soil erosion and sediment control measures required.
(3) 
The applicant shall submit to the approving authority a separate soil erosion and sediment control plan for each subdivision, site plan review, zoning variance or any application for construction for which the Standard Building Code of the State of New Jersey would require a building permit. Such plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-27, and shall contain:
(a) 
Location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics and a copy of the Soil Conservation District soil survey.
(b) 
Location and description of proposed changes to the site, including contours and spot elevations showing existing and postconstruction conditions.
(c) 
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 Administrative Officer.
(d) 
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.
(e) 
Description of means for maintenance of erosion and sediment control facilities during and after construction.
(4) 
All proposed revisions of data required shall be submitted for approval.
E. 
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, site plan or variance approvals when in conformance with the Standards for Soil Erosion and Sediment Control. The Board may seek the assistance of the County Soil Conservation District in the review of such plans.
F. 
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:
(1) 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
(2) 
Whenever feasible, natural vegetation shall be retained and protected.
(3) 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4) 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
(5) 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
(6) 
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(7) 
Sediment shall be retained on site.
(8) 
Diversion, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance and plans and schedules for their ultimate disposition shall be provided.
G. 
Maintenance. All necessary erosion and sediment control measures installed under this section shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Municipal Engineer or other agency granting certification, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.
H. 
Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:
(1) 
Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.
(2) 
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 building permit.
(3) 
Percolation tests and/or soil borings.

§ 220-183 Soil removal/filling.

[Amended 8-10-2006 by Ord. No. 2006-22]
A. 
Findings/purpose. The Mayor and the Township Council find that the unregulated and uncontrolled moving of soil to and from lands within the Township has the potential to result in conditions detrimental to the health, safety and general welfare of the Township and its residents and that such unregulated and uncontrolled movement of soil to and from lands located within the Township has created in the past and will create in the future one or more of the following conditions: soil erosion by water and wind; inadequate and improper surface water drainage; a decrease in soil fertility; siltation of streams; the removal of lateral support abutting streets, lands and premises; the creation of excessive amounts of dust and mosquito breeding places; the deposit on Township streets of large quantities of dust, mud or dirt; the creation of dangerous depressions or pits; deterioration of property values; the rendering of lands unfit or unsuitable for their most appropriate uses; and the creation of other conditions hampering and deterring the coordinated and adjusted and harmonious development of the Township.
B. 
Definitions. For the purposes of this section, except as the context may otherwise require, the words used in this section shall mean and include the following:
APPLICANT
The owner or contract purchaser of land upon which earthwork activities are to take place.
CLEAN FILL
Clean fill shall be constructed of soil or rock materials or a combination of these materials meeting the following gradation. These materials shall be free from stumps, roots, weeds, sod, rubbish, garbage, and any other material that may decay. Clean fill shall also be free of any chemical or physical contamination in accordance with NJDEP guidelines.
Sieve Size
Percentage by Weight Passing
2 inch
100%
3/4 inch
70% to 100%
No. 4
30% to 90%
No. 50
10% to 35%
No. 200
0% to 12%
EXCAVATOR
Any person engaged in the moving, removal or excavation of soil or topsoil from, in or upon any land in the Township.
MOVE
To dig, excavate, remove, deposit, place, fill, grade, regrade, level or otherwise alter or change the location or contour.
PERMIT
A soil removal or fill permit issued under the terms of this section.
PREMISES
One or more contiguous parcels of land in single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt, and mixtures of any of them.
(1) 
Soil that, in its natural state, constitutes the top layer of earth and is composed of 2.75% or more, by weight, of organic matter and has the ability to readily support vegetation. Topsoil shall not contain stones, lumps, roots, or similar objects larger than 1/2 inch in any dimension and shall have not less than a 5.8 pH value. The gradation of the topsoil shall be within the following, using the Bouyoucos Hydrometer Analysis conforming to AASHTO T 88:
(a) 
Not more than 20% of the material submitted from an off-site sample shall be retained on a No. 10 sieve.
(b) 
Retention of material.
Material
Percentage
Sand (80 mils to 2 mils)
40% to 80%
Silt (2 mils to 0.2 mils)
0% to 30%
Clay (0.2 mils and smaller)
15% to 30%
Material outside these ranges is not suitable for use as topsoil.
(2) 
Unacceptable topsoil sources. Material stripped from the following sources shall not be considered suitable for use as topsoil:
(a) 
Chemically or physically contaminated soils.
(b) 
Wet excavation.
C. 
Application requirements.
(1) 
Prior to the digging, excavation, disturbance, or transportation of any soil on any premises in the Township for use other than on the premises from which it is being taken, or prior to the filling of any property or properties within the Township, an application shall be made by the owner or authorized agent to the office of the Township Engineer for a soil removal or fill permit on the officially designated form. This requirement to obtain a permit applies to all construction, including all buildings, roadways, driveways, retaining walls, all other construction which requires soil removal or filling with soil, and for restoration and restabilization of all areas of any site in which grading, soil removal or adjacent construction activity has taken place. All properties filled shall be filled with clean fill or topsoil as defined in this section.
(2) 
The application shall be submitted to the Township as follows:
(a) 
If the soil removal or filling is necessary for the development of a project which has been granted approval by the Planning Board or the Board of Adjustment, an application shall be made to the Township Engineer.
(b) 
If the soil removal or filling is necessary for the development of a project which has not been granted approval by the Planning Board or the Board of Adjustment, then an application shall be made to the Planning Board.
(c) 
The requirements of this section shall not apply when both of the following circumstances are present:
[1] 
When soil removal results from excavation involving one single-family house, basement or accessory structure (e.g., pool or patio); and
[2] 
When the total quantity of soil removed from or added to any tract is less than 100 cubic yards.
D. 
Information required for application.
(1) 
The application shall be filed on a form supplied by the Township Engineer and shall provide the following information:
(a) 
Owner, applicant and contractor name, address and telephone numbers.
(b) 
The name, address and telephone number of the person(s) responsible for the work of removing the soil or filling.
(c) 
Address and block/lot designations of all property(ies) from which soil removal is to take place and/or at which filling is to take place.
(d) 
Narrative statement concerning the purpose of application.
(e) 
Name of project(s), if any.
(f) 
The destination of the soil to be removed from the site. If the destination is not listed in Subsection D(1)(c) above and the destination is within the Township, the street address, Tax Map block/lot designation, and other information which identifies the location are required.
(g) 
A detailed description of the entire route within the Township to and from the proposed site(s) to be used in transporting soil removed or soil used for fill. Where the approval from the reviewing office expressly designates a route, no deviations from this route will be permitted unless authorized by the Township Engineer or the Planning Board.
(h) 
An estimate in cubic yards of the quantity of soil to be removed, broken down into two figures, topsoil and total, or an estimate in cubic yards of the quantity of soil to be installed as fill broken down into two figures, topsoil and total.
(i) 
All information on the fill material as required by the definition of "clean fill" in this section. The data shall be submitted and approved by the Township Engineer prior to the start of work. Only material data from a legally certified testing laboratory shall be considered and should include soil borings, gradation, composition, proctor values and any other information required by the Township.
(j) 
Start of work date, approximate project duration, and completion date.
(k) 
All necessary outside agency permits or authorization required for the project.
(l) 
Application fees as specified elsewhere in this section.
(2) 
For each application for soil removal or filling, a survey or plan signed and sealed by a professional engineer licensed to practice in the State of New Jersey is required. Said plan shall contain the following:
(a) 
The plan shall be drawn to a minimum scale of one inch to 100 feet for soil removal and a scale of one inch to 50 feet for filling.
(b) 
The dimensions of the property(ies) where the activity is to take place, and the lot and block number of the property and of each lot surrounding the land within 200 feet as shown on the current Tax Map of the Township.
(c) 
All existing and proposed structures, easements, floodplains, wetlands, stream encroachment areas and other designations on the property which may restrict activities on part of the property, and all elevations of same.
(d) 
All existing treelines, limit of disturbance lines, and all tree removal and tree replacement information as specified elsewhere in this chapter.
(e) 
Areas of disturbance and limits of soil erosion control measures shall be clearly delineated.
(f) 
Existing and proposed contours and grades as required by the Township Engineer, and for soil removal, the present grade on a fifty-foot grid layout with contour lines at one-foot levels up to and including 20 acres or, for more than 20 acres, one-hundred-foot grids with contour lines at two-foot levels. Additionally, the grades of all abutting streets and lands around the outer boundaries of the site shall be provided.
(g) 
The quantity, in cubic yards, of soil to be removed or fill material to be installed.
(h) 
The average depth of topsoil in existing condition as determined by taking borings in the approximate center of each one-hundred-foot grid.
(i) 
The demonstration of positive drainage flow with grades a minimum of 1.5% and swales to convey runoff, and the areas where runoff is to be discharged (streams, water bodies, watercourses, natural or artificial).
(j) 
Proposed slopes and lateral supports at the limits of the area upon completion of the proposed work.
(k) 
Information on retaining walls as further required by § 220-35D(24) and other applicable sections.
(l) 
Measures for the prevention of soil erosion and sediment control during construction until soil is stabilized. The applicant shall comply with all Freehold Soil Conservation District requirements.
(m) 
Methods of final soil stabilization and description of ground cover, plantings, vegetation, and landscaping. Residential properties shall receive a minimum of four inches of topsoil on all disturbed areas. Nonresidential properties shall receive a minimum of six inches on all disturbed areas.
(n) 
The applicant shall furnish any other pertinent data the Township Engineer may require after examination of the proposed project, including site inspection. If the soil removal or fill is for the development of an approved subdivision or site plan by the Planning Board or the Board of Adjustment, the above-referenced requirements may be met by the submission of the approved development plans, subject to final determination by the Township Engineer.
E. 
Application fees, inspection fees and performance guaranties.
(1) 
Application fees.
(a) 
In the event the application is reviewed in the Township Engineer's office, the application shall be accompanied by the fee indicated on the application form.
(b) 
In the event the application must be brought to the Planning Board, the application shall be accompanied by a fee, which shall be paid to the Township according to the Planning Board fee schedule.
(c) 
Renewal application shall be as indicated on the application form.
(d) 
If a soil removal or fill permit is denied, no refund of fees shall be permitted.
(2) 
Inspection fund. There shall be an inspection fund established to cover the cost of inspection and enforcement of the provisions of this section, based upon the total number of cubic yards to be removed or installed, as determined by the Township Engineer.
(3) 
Performance bond:
(a) 
Posting amount. No soil removal or fill permit will be issued until the applicant has posted with the Township a performance bond to cover damage to Township roadways in a form and with a surety that is acceptable to the Township and in an amount as follows: The bond amount shall be $15,000 for up to the first mile of the haul route along Township roads which is along the frontage of all properties from which soil removal and/or filling is to take place; $25,000 per mile or part thereof after the first mile of haul route for projects which have more than one mile of frontage along Township roads of all properties from which soil removal and/or filling is to take place.
(b) 
The performance bond will be conditioned upon the full and faithful performance by the applicant and principal, within the time specified in the application, of all the proposed work in accordance with the provisions of this section and of the soil removal or fill permit issued pursuant thereto.
(c) 
The condition of the performance guaranty shall be that the permittee has properly completed its soil removal and/or fill work and that pavement stability, maintenance, cleaning, traffic direction, when required, and utility protection in conjunction with the removal or fill activity at the site and haul route has been maintained. The guaranty shall be posted in the amounts specified in Subsection E(3)(a) above for the duration of the haul cycle for removal of the soil or filling, whichever is longer. Upon completion or abandonment of the work, the Township Engineer shall inspect the site and haul route and render a written report to the Township regarding the performance guaranty status. Any reduction or release of the performance guaranty shall be authorized by resolution of the Township Council.
(d) 
Renewal. If the applicant shall fail to fill or remove the amount of soil estimated in the original application within the period of one year, he shall be required to submit an application for renewal and pay the fees applicable to the renewal application prior to the approval of same application for renewal. Renewal is also contingent upon renewal of the bond as required in this subsection.
F. 
Regulations.
(1) 
To ensure conformity to the requirements of this section, inspections shall be made by the Township Engineer or his authorized and qualified agent upon the lands on which the soil moving or filling operations are being conducted for the entire duration of the soil moving or filling operations.
(2) 
Copies of the soil removal or fill permit shall be posted on all premises affected thereby, and any person or entity engaged in the transportation of soil to or from any site in Marlboro Township shall produce a copy of said permit upon request from any officer, agent or employee of the Township authorized to enforce this section. Failure to produce this documentation on request shall constitute adequate cause for issuance of a stop-work order.
(3) 
Sectioning of land under permit. The applicant shall be required to section the property which is the subject of the permit into areas of not more than five acres for soil removal, and not more than 10 acres for filling, and to schedule the work of soil removal or filling so that the operation conducted in one section is completed and at final grade before work is commenced in any other section of the premises.
(4) 
Removal of a bank. Complete removal of a bank. If the application for a soil removal permit involves the complete removal of a bank which extends above the elevation of the surrounding lands or above the elevation of a public road or street adjacent to the land where the removal project is to take place, the moving or removal shall be so conducted as to leave the final grade of the land or lot from which the bank is to be removed at a grade that will not create a hazardous condition for the surrounding lands or a public road or street. Wherever practical, the final grade shall not be lower than the grade of the surrounding lands or of a public road or street, and the final grade shall be established and maintained at a minimum of 1 1/2% to ensure proper drainage. In addition, no slope shall exceed the grade of 33%.
(5) 
In the course of filling with soil, placement and compaction with fill materials shall be accordance with current NJDOT Standard Specifications. Fill shall not be placed over topsoil, but areas of embankment shall be stripped prior to fill placement. Fill materials shall be placed in layers not more than 12 inches thick, loose measurement; and compacted as specified below. Completed in place embankment shall be compacted to a density of not less than 95% of the established reference maximum density. A minimum of two field density tests shall be taken according to AASHTO T 191, AASHTO T 205, or AASHTO T 238-Method B and AASHTO 239 on each compacted layer or as directed by the Township Engineer. Only one of the referenced methods shall be used on the project.
(6) 
Topsoil.
(a) 
Replacement of topsoil. Whenever any owner, developer or excavator removes or fills property in the Township, provision shall be made for the replacement of topsoil within the boundary lines of the property. Except as hereinafter provided, all topsoil shall be uniformly replaced over the entire area or surface of the land, less newly developed areas, on or before the completion date set forth in the soil removal or fill permit. The final grade of the replaced topsoil shall conform to the proposed final grades shown on the topographical map. Topsoil shall be compacted and stabilized in accordance with appropriate Freehold Soil Conservation District provisions.
(b) 
In the event that the topsoil so stored does not meet the definition of "topsoil" as defined herein, then the owner or developer shall bring to the site topsoil that does conform to the definition. The replaced soil shall meet all other requirements of this section.
(c) 
The applicant shall submit additional testing and sampling as directed by the Township Engineer to ensure compliance to these provisions.
(7) 
In the course of filling or soil removal operations, the owner or person in charge shall conduct the operations so that there will be no interruption of natural drainage and so that the area will be properly leveled off, cleared of debris and graded to conform to the contour lines and grades as approved by the Township Engineer. The conduct of the operation shall be under the observation and control of the Township Engineer, who will make periodic inspections to determine that there is no deviation from the information and requirements of the application as approved.
(8) 
Every fill and soil removal project shall be conducted and completed in a manner which will eliminate any conditions hazardous to the public who may have access to the property or the health, safety or welfare of the Township. No boulders, tree stumps and other debris shall be buried with fill but shall be legally removed from the site.
(9) 
No fill or excavating operation is to be conducted except between the hours of 8:00 a.m. and 5:00 p.m. on weekdays (Monday to Friday) only.
(10) 
No person shall permit the accumulation of dirt, rubble or debris on any roadway within the Township as a result of soil removal, fill or trucking of soil to/from any site in the Township.
(11) 
The excavating or filling operation shall be conducted so that the noise from trucks or equipment will not be a source of annoyance or discomfort to any residents of the Township. The applicant shall comply with provisions of § 220-40(4).
(12) 
Every truckload of material shall be properly trimmed and shall have no material protrude more than 12 inches above the sides or rear of the truck at the peak or highest point of each load. Every hauler shall be responsible to ensure that sand, dirt or dust does not blow from their truck within the Township. All loads shall be covered.
(13) 
A minimum of 48 hours' notice to the Township Engineer's office shall be required for all work under this section. Failure of proper notice may result in rework, nonacceptance of the work and/or penalties imposed as outlined in this section.
(14) 
Transportation of soil. A person who transports over the streets, roads or highways in the Township soil removed from or transported to land or premises pursuant to a soil removal or fill permit shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from roads, streets or highways and shall apply or cause to be applied to the roads, streets or highways a dust preventive whenever deemed necessary by the Township Engineer. If a permit holder neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required, the Township Engineer is authorized to suspend the permit for a period of not less than three days or may revoke the permit after notification, in writing, by an authorized officer, agent or employee of the Township to the holder of the permit. If revoked, no soil removal permit or fill permit shall again be issued unless application is made as required by Subsection C.
G. 
Enforcement.
(1) 
Engineer. The Township Engineer shall enforce the provisions of this section, including but not limited to those violations arising out of the failure of any person or entity to apply for and obtain a soil removal or disturbance permit. He shall, from time to time, upon his own initiative, or whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of this section. He shall report all violations to the Township and take any action deemed necessary for proper enforcement.
(2) 
In addition to the above, any law enforcement or code enforcement officer, agent or employee of the Township shall have the right to enter any land where soil removal operations are being conducted in order to examine and inspect the land and the operations and enforce the provisions of this section.
H. 
Revocation of permit; violations and penalties. After notice and an opportunity to be heard before the Township Engineer, the permit of any person may be revoked or suspended for such period as the Township Engineer may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to action on the bond required or the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a maximum fine of $2,500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.

§ 220-184 Streets.

A. 
Major and minor developments shall be served by paved public streets with an all-weather base and pavement with an adequate crown. 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.
B. 
Minor collector and local streets shall be so designed as to discourage through traffic.
C. 
In all residential zones, as to all major developments bounding upon any freeway, primary arterial, secondary arterial or major collector street, that portion of the development fronting 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 spaces and a rural atmosphere. No driveways shall enter onto freeways, primary arterial, secondary arterial or major 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. Landscaping plans shall be prepared by a professional landscape architect, a professional landscaper or one who commonly prepares landscaping plans. Each such person shall affix his name, title, address and signature to such plans.
D. 
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:
Chart I
Minimum Street Right-of-Way Schedule
Minor
Major
Local
Collector
Collector
Arterial
Nominal traffic capacity (ADT)
300
2,500
10,000
2
Minimal right-of-way width (feet)
60
60
80
100
Minimum sidewalk easement required (feet, each side)6
10
10
10
2
Paving width (feet)
Two-way
36
44
48
2
One-way
24
Shoulder width (feet)1
10
2
Design speed (mph)3
40
50
60
60
Minimum radius of horizontal curvature at center line (feet)
300
800
2,000
2,000
Minimum tangent between reverse curves (feet)
200
4004
6004
2
Maximum longitudinal grade
8%
5%
4%
4%
Minimum longitudinal grade
Desirable
1%
1%
1%
1%
Absolute
0.5%
0.5%
0.5%
0.5%
Maximum intersection grade for 200 feet from each side of intersection
4%
3%
Minimum curb return radius at intersection (feet)
25
35
45
45
Vertical curve5
Based on stopping sight distance at design speed.
Crest: minimum length, 200 feet
Sag: minimum length, 200 feet
Based on headlight illumination and stopping sight distance at design speed.
Maximum superelevation
Not required
6%
6%
6%
Pavement cross-slope minimum
2%
2%
1 1/2%
2
Pavement cross-slope maximum 6
4%
4%
3%
2
Curb face required (inches)
6
8
8
2
NOTES:
1
Shoulders or parking areas as required may be of reduced structural design.
2
To be individually designed based on traffic projections and AASHTO design standards. Design to meet at least major collector standards.
3
For sight distance and vertical curve calculations only.
4
Or as required to run out superelevation (1% per second of travel at design speed).
5
Not required if algebraic difference of intersecting grades does not exceed 1%.
6
Except in superelevation areas.
E. 
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.
F. 
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 easement granted to the Township of Marlboro permitting the Township to enter upon these lands for the purposes provided for and expressed in the Development Regulations Ordinance of the Township of Marlboro." 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 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 road improvement standards of this chapter.
G. 
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%.
H. 
Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, two intersections shall be spaced a sufficient distance to permit a minimum of two lots between the two street rights-of-way. Any development abutting an existing street classified as a primary or secondary arterial or major collector 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 radius of not less than the following, with the street having the highest radius requirement determining the minimum standard of all curblines: primary and secondary arterials, 40 feet; major and minor collectors, 35 feet; and local streets, 30 feet.
I. 
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 § 220-179, Sight triangles. 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 in the Development Regulations Ordinance of the Township of Marlboro."
J. 
Street jogs with center-line offsets of less than 150 feet shall be prohibited.
K. 
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 10°, they shall be connected by a curve with a radius conforming to standard engineering practice.
L. 
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 distance. Sight distance shall be at least three 350 feet for a local street, 500 feet for a collector street and 800 feet for an arterial street.
M. 
Dead-end streets.
(1) 
Dead-end streets (culs-de-sac) of a permanent nature, where provision for the future extension of the street to the boundary of the adjoining property is impossible or impractical, or of a temporary nature, where provision is made for the future extension of the street to the boundary line of adjoining property, shall provide a turnaround at the end with a radius of 55 feet on the curbline plus a utility and planting strip width of seven feet around the entire cul-de-sac. The center point for the radius shall be offset to the left, as entering, such that the radius becomes tangent to the right curbline.
[Amended 9-10-1987 by Ord. No. 32-87]
(2) 
If a dead-end street is of a temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.
N. 
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.
O. 
Construction.
(1) 
Streets shall be constructed in accordance with the following schedule and specifications:
Chart II
Street Construction Schedule and Specifications
For Primary and Secondary Arterial and Major Collector Streets
Pavement
Course
Type
Minimum Compacted Thickness
(inches)
Cross-Slope
(percent)
Traffic lane
Subbase
Compacted soil
2%
Base
Bituminous stabilized base course
5
2%
Surface
Bituminous concrete (FABC)
2
2%
Shoulders
Subbase
Soil aggregate Type V, Class A
3 1/2
3%
Base
Bituminous stabilized base course
2 1/2
3%
Surface
Bituminous concrete (FABC)
2
3%
+
Defines cross-sectional slope of pavement surface toward curb or pavement edge.
For Minor Collector, Local and Rural Streets
Pavement
Course
Type
Compacted Thickness
Cross-Slopes
All (traffic)
Subbase
Compacted soils
2% 10 feet from center line, 3% balance
Base
Bituminous stabilized base course
5
2% 10 feet from center line, 3% balance
Surface
Bituminous concrete (FABC)
2
2% 10 feet from center line, 3% on balance
(2) 
The various pavement course shall be constructed in accordance with the following specifications:
(a) 
Bituminous stabilized base course shall be plantmixed and shall be constructed in layers of not more than 2 1/2 inches compacted thickness and shall be prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961), and amendments and supplements thereto; subbase material shall consist of either natural soil which may be found at the 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 base course, or soil aggregate Type V, Class A, as specified in Division 8, Section 8, of the aforesaid specifications, which shall be placed, compacted and graded to the required thickness and shall be constructed in accordance with Division 3, Section 10, of the aforesaid specifications.
(b) 
Where the Township Engineer determines that the subbase conditions of proposed streets are wet, springy or of such 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 13 inches below the proposed finished grade. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the road and connected to a suitable drain. Subbase material consisting of soil aggregate Type 1, Class A, B or C, or Type V, Class A, as specified in Division 8, Section 8, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961), and amendments and supplements thereto, or bank-run sand and gravel containing not more than 1/2 of 1% of elutriable clay, shall be placed a minimum of six inches thick under the proposed pavement. After the subbase material has been properly placed and compacted, the street pavement as described heretofore shall be constructed thereon.
P. 
In all developments subject to Subsection C above or the cluster development provisions, the approving authority may require paved bike paths within the seventy-five-foot-wide dedicated land strip along existing streets, in accordance with the considerations and requirements covered in § 220-142, Bikeways.

§ 220-185 Street signs.

A. 
The location of the street signs shall be approved by the Planning Board.
B. 
All signs shall be installed free of visual obstruction.
C. 
All material shall be new and unweathered. Material shall be of domestic origin and processed in United States mills.
D. 
Extruded alloy shall be 6063-T6 or 6063-T5 as per Bureau of Public Roads and state specifications.
E. 
Material shall be strain-hardened and then stabilized. It shall be free of burrs, pits, blemishes and present a smooth, flat surface.
F. 
All material shall be etched, degreased and treated with a chemical conversion process such as Alodine 1200 or equivalent and ready for application of Scotchlite without further processing.
G. 
Letters shall be four-inch high-intensity letters.

§ 220-186 Swimming pools.

Private, permanent residential swimming pools shall adhere to the following standards in addition to the swimming pool regulations:[1]
A. 
No pool or wading pool shall be constructed or installed on any lot unless said lot shall contain a residential building. All pools shall meet the yard requirements for accessory buildings in the district in which such pool is located, except that if located in the front yard, the pool shall be set back twice the distance from the street line than is required for principal building.
B. 
A pool and associated accessories shall occupy no more than the equivalent of 75% of the yard area in which they are located.
[1]
Editor's Note: For private swimming, wading and portable pools, see § 220-42.

§ 220-187 Temporary civic activities.

Nothing in this chapter shall prevent local, temporary civic activities such as fairs and carnivals from being conducted in any zone, provided they are limited in duration to a maximum of two weeks.

§ 220-188 Trailers.

No trailer, auto trailer, mobile home, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons or for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency as the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during active construction, provided a temporary permit for a specified interval has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of trailers and campers on private premises.

§ 220-189 Undersized lot of record.

Any parcel of land which does not meet the minimum lot size requirements prescribed for a lot in the zone in which such lot is located and which is not under common ownership with adjacent lands and which parcel existed as a lot on the date of this chapter may be used as a lot for any purpose permitted in the zone, provided that the width of each side yard and the width of the rear yard must equal or exceed 20% or 12 1/2%, respectively, of the width of the lot for main buildings or structures and 12 1/2% of the width of the lot for side and rear setback lines for accessory buildings, and in no case shall any main or accessory building or structure or part thereof be less than 15 feet from any property line, and provided further that all other regulations prescribed for the zone by this chapter are complied with. See § 220-141, Area requirements.

§ 220-190 Water mains, culverts, storm sewers and sanitary sewers.

All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

§ 220-191 Yards.

A. 
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
B. 
Front yards shall be measured from the street line as defined in this chapter. On a through lot, the rear yard depth shall not be less than the required depth of the front yard in the district in which said lot or applicable portion of the lot is located.