A. Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.
B. Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare will not become a nuisance to adjoining properties, adjoining districts or streets.
C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses without approval from the approving authority.
D. Noise.
(1) Noise limits; measurement.
(a) At no point on the boundary or outside the property from where the noise source emanates shall the sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, short-term operations involved in the construction or demolition of structures, emergency alarm signals or time signals) exceed the decibel levels in the designated octave bands as stated below.
(b) The sound-pressure level shall be measured with a sound-level meter meeting the specifications of S1.4-1971 and an octave-band filter set meeting the specifications of S1.11-1966, both specifications of the American National Standard Institute, New York, New York, as amended.
(c) If the noise will be incapable of being measured with the sound-level meter and octave-band analyzer, then the noise shall be measured by substituting an impact noise analyzer (General Radio Company, Type 1556 A-1955, or equivalent) for the octave-band analyzer to determine the peak value of the impact.
(2) In cases where there is serious question whether a noise will be of nuisance outside the property lines containing it and if the noise is incapable of being measured with an impact analyzer, then the noise-producing activity shall not be permitted. If the noise source is already in existence, the noise shall be controlled to eliminate the nuisance.
(3) The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 7:30 p.m. and 7:30 a.m. (Source: Public Health News, New Jersey Department of Health, November 1963).
NOTE: Reference 0.0002 dynes per square centimeter.
(4) If the noise is not smooth and continuous or it is not radiated at nighttime, one or more of the corrections below shall be added or subtracted from each of the decibel levels given above to determine the maximum allowed.
*NOTE: Apply only one of these corrections per site.
E. Odor. Odors shall not be discernible at the lot line or beyond.
F. Storage and waste disposal.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy or heating devices or to appliances located and operated on the same lot upon which the tanks or drums of fuel are located.
(2) All storage facilities shall be enclosed in a building.
(3) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or underground aquifer.
(4) All materials or wastes, except animal waste, which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. Animal waste may be stored out of doors if appropriate measures are taken to prevent health hazards and water contamination.
(5) No toxic waste shall be stored on site without approval of the approving authority or the Township Committee.
G. Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of short-term construction activity. The standards below are as set forth in the table of frequency amplitude relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any construction permit or site plan approval has been lawfully granted before the enactment of this chapter, but that does not meet all the requirements of this chapter, provided that such approved construction and/or development on the approved plats shall have been started within one year after the enactment of this chapter and shall be diligently pursued to completion. The approving authority may extend the time limit for good cause.
A. In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide and located in consultation with the companies or Township departments and authorities concerned and, to the tidiest extent possible, centered on or adjacent to rear or side lot lines. [Amended 4-26-2006]
(1) Where a minor or major subdivision or site plan is traversed by a watercourse, surface or underground drainageway system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourse or drainage system and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Township and, in addition thereto, a minimum of 15 feet beyond the drainage pipe or bank top on at least one side for access to the drainage system and a minimum of five feet on the other side and, in any event, meeting any minimum widths and locations shown on the adopted Official Map or Master Plan. The purpose of this easement is to protect the integrity and usefulness of the drainage system and to provide access for Township employees or its agents and their vehicles to alter, rebuild, replace, clean, inspect and maintain the drainage structures and system.
(2) Such easement dedication shall be expressed on the plat as follows: "Drainage and utility right-of-way easement granted to the Township of Colts Neck for the purpose provided for and expressed in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck." No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structure be located within such area, nor shall any action be taken which may alter or impair the effectiveness of present or future drainage facilities or the purpose of the easement or cause soil erosion without prior approving authority or the Township Engineer's written approval. The Township shall not be liable for replacing any trees or shrubs, pavement or other improvements destroyed or damaged as a result of carrying out the purpose of the easement.
B. Conservation, open space, drainage and utility right-of-way easements. Where a minor or major development is traversed by a watercourse, open drainageway, swale, channel, stream, wetland, transition area or special water resource protection area; where the Master Plan, Official Map or Natural Resources Inventory of the Township of Colts Neck or Chapter 127, Flood Damage Prevention, delineates a floodplain or conservation easement; or for the purpose of preserving trees and other natural growth of special significance, wetlands, ponds, steep slopes and gully areas or to prevent erosion and/or for preserving and providing an open space buffer along lot lines as applicable and desirable for specific subdivision and site plan locations and layouts, a conservation, open space, drainage or utility right-of-way easement shall be furnished to the Township by the developer. See also § 102-77C. [Amended 5-25-2005]
(1) The easement shall extend on both sides and shall follow the general course of the watercourse, open drainageway, wetlands and wetland buffers, channel or stream and other areas subject to this type of easement and shall extend from the center line of said course and a line approximately parallel to the top of the bank or edge of environmentally sensitive area, a minimum of 25 feet distance back from it. Required wetland transition areas and special water resource protection areas shall be included in this easement.
(2) This easement is granted for the purposes provided for and expressed in this section and in the definition of the term "conservation, open space, drainage and utility right-of-way easement and drainage and utility easement."
(3) This easement prohibits the removal of trees and ground cover except for the following purposes: the installation and maintenance of municipal drainage facilities and public utilities and the removal of dead or diseased trees. Grass areas shown on an approved plat may be mowed, but areas covered with other forms of natural growth shall not be mowed or disturbed. Nothing shall be done in these areas that will allow soil erosion to occur.
(4) The easements shall be indicated on the sketch, preliminary and final plats and shall be shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise in the future. In some cases, additional landscaping and trees may be required to complete the coverage.
(5) The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines with standard in-ground monuments. Intersections with all side and rear lot lines and at all major deflection points shall be marked with greenway-type monuments as defined in § 102-91B(5)(h) herein. Such monuments shall be at a maximum spacing of 600 feet. In addition to the aforementioned permanent monuments, supplemental markers shall be installed along all greenway and aforementioned easement lines internal to the development where construction, grading or construction traffic may encroach on such areas. All of the above are to be installed prior to the issuance of any construction permit or the start of any landscaping work and are to be maintained until the maintenance bond is released.
(6) Such easement dedication shall be expressed on the plat as follows: "Conservation, open space, drainage and utility right-of-way easement to which the indicated area is hereby made subject to is that provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."
(7) No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structures be located within such area, nor shall any action be taken which will alter or impair the effectiveness of present or future drainage facilities or cause soil erosion without prior approving authority or Township Committee approval, in writing. Exceptions are that approved drainage and public utilities structures; approved development entranceway sign structures not exceeding six feet in height; and approved fences, other than cyclone wire or similar fence, which are found to be in keeping with the character of the associated development by the approving authority, but not walls, may be permitted in this easement area if shown on an approved plat.
C. Greenway access easement. To allow public access to greenway areas adjacent to lots in a development, an access easement may be required across one or more lots in a development. The access easement shall be so titled on the plat and referenced to the following note: "Access easement granting Colts Neck residence public, pedestrian access and access for municipally owned or authorized vehicles over and across the described lands to provide for ingress and egress to and from and for maintenance of the adjacent greenway area is granted to the Township of Colts Neck." This area shall also be landscaped and covered by a landscape easement as covered herein. These easements shall be covered by a deed of easement in a form acceptable to the approving authority attorney, and proof of recording with the County of Monmouth shall be provided. The access easement shall be monumented at the street lines, at the rear corners of adjacent lots and at the midpoints of the sides of the easement with greenway-type monuments covered in § 102-91B(5)(h).
(1) The purpose of this easement is to preserve existing landscaped or wooded areas and/or to provide a developer-planted landscaped buffer area. Landscaping shall not be considered provided unless it is maintained in a healthy condition. See also § 102-77C.
(2) The easement shall be indicated on the sketch, preliminary and final plats and shall be shown in such a manner that the boundaries thereof can be accurately determined.
(3) The boundary line of any such easement shall be monumented with standard monuments at all intersections with existing and proposed streets and with greenway-type monuments [see § 102-91B(5)(h)] at all intersections with lot lines and at other intermediate deflection or other points as may be required by the approving authority.
(4) The easement prohibits the removal of trees, shrubs and existing ground cover. If the approved plat shows part or all of the easement area to be grass-covered, that part only may be mowed.
(5) If not densely wooded, the developer may be required to landscape the area with trees and shrubs and to plant it with grass or other specified ground cover to provide an all-season screen. Landscaping plans shall be prepared, signed and sealed by a licensed landscape architect.
(6) No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structure be located or any action taken that would allow wind or water erosion within the easement. Exceptions are that approved municipal drainage and public utility structures; approved development entranceway sign structures not exceeding six feet in height; and approved fences, other than cyclone wire or similar fences, which are found to be in keeping with the character of the associated development by the approving authority, but not walls, may be permitted in this easement area if shown on an approved plat.
(7) Such easement dedications shall be expressed on the plats as follows: "Landscaped easement to which the indicated area is hereby made subject to is that provided for in Chapter 102, Development Regulations, of the Code of the Township of Colts Neck."
E. Where streams, ponds or pond sites either exist or are proposed, upon request by the approving authority, facilities shall be provided, where feasible, to draft water for Township fire-fighting purposes that are usable all seasons of the year. This shall include access to streets suitable for fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or on-tract development. Such facilities shall be constructed according to sound engineering principals as determined by the Township Engineer and in accordance with Fire Insurance Rating Organization Standards and covered by an appropriate easement.
F. 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 its approval. The system shall also be designed with adequate capacity and sustained pressure.
(2) Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.
G. 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 sewage facilities available to each use within the development.
(2) Any treatment plant and collection system, including an individual lot septic system, shall be designed in accordance with the requirements of the state agency having jurisdiction and/or Township ordinance enforced by the Township Board of Health, whichever is more restrictive and shall be subject to approval by the Township Board of Health.
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 utilities' distribution supply lines and service connection in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. For minor developments, service connections shall be made underground where the supply lines that serve the lands being developed are underground. With the exception of electric, telephone, cable television and gas utilities, on major and minor developments, the developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility, which shall evidence full compliance or intended full compliance with the provisions of this subsection; provided, however, that lots which, in such development(s), abut existing streets where overhead electric or telephone distribution supply lines may be supplied with electric, cable television and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.
B. All installation under this section to be performed by a serving electric, telephone, cable television and gas utility shall be exempt from performance guaranties and inspection and certification by the Township Engineer; all others require bonding and inspection. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, the applicant shall provide sufficient live screening to conceal such apparatus year-round to the maximum extent practicable. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 102-13, Exceptions, in Article IV.
[Added 5-25-2005]
A. Purpose. Scenic roads are irreplaceable resources and their destruction or alteration will have an adverse impact on the Township's historic and scenic heritage. In 2001 the Monmouth County Planning Board adopted the Monmouth County Scenic Roadway Plan. The purpose of the plan is to identify those roads, or sections of roadways, that possess such a high degree of visual quality that driving, biking or walking along these roadways is a pleasurable and enjoyable experience. The plan offers alternative design guidelines for roadways that are identified as "scenic" for use in the Monmouth County Planning Board's development review process. The purpose and goals of the Monmouth County Scenic Roadway Plan are included as part of this section. An additional purpose of this section is to establish standards and procedures for regulating and preserving the Township's scenic roads for the benefit of present and future generations.
B. A scenic viewshed boundary shall be established along all scenic corridors. In the AG Agricultural District the depth of the scenic viewshed boundary shall be 250 feet. In all other zones the depth of the scenic viewshed boundary shall be 150 feet.
C. The following standards shall apply to development within the scenic viewshed boundary (excluding agricultural development) to maintain the rural character of the scenic corridor.
(1) Existing structures such as barns, historic structures or significant older buildings should be enhanced, preserved and incorporated into subdivision and site plan designs.
(2) Existing streets should remain with minimal widening only to eliminate dangerous and unsafe conditions. No new curbs or sidewalks should be permitted on existing streets.
(3) Natural features such as topography, vegetation, streams, ponds and wetlands shall be preserved.
(4) Clear-cutting of wooded areas for new developments are prohibited. Selective thinning of dead or diseased trees to promote a more desirable growth is permissible.
(5) Placement of new principal or accessory structures resulting from subdivision or site plan applications are prohibited in the scenic viewshed boundary. This requirement can be waived by the approving authority upon a finding that by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an exceptional situation uniquely affecting a specific piece of property or structures lawfully existing thereon strict application of this requirement would result in peculiar and exceptional practical difficulties. New principal or accessory structures on existing isolated lots are permissible.
(6) All subdivisions or site plan applications along scenic corridors shall submit a plan that identifies all existing and proposed trees, shrubs, ground cover, natural and man-made features, specimen trees, open fields, scenic vistas or other natural or man-made elements. The plan shall identify items that contribute to the scenic corridor and demonstrate that the scenic corridor will remain after completion of the development.
(7) Agricultural activities on commercial farms are exempted from the scenic viewshed boundary regulations.
D. Monmouth County roads designated as scenic corridors include all roads identified in the Monmouth County Scenic Roadway Plan prepared by the Monmouth County Planning Board adopted September 17, 2001, and as amended by the County Planning Board.
E. Municipal roads designated as scenic corridors include Bucks Mill Road, Boundary Road (Big Brook to Route 520), Clover Hill Lane, Clover Hill Road, Conover Road (from Heyers Mill Road to Laird Road), Creamery Road, Cross Road, Heyers Mill Road, Hillsdale Road, Hockhockson Road, Laird Road, Lakeside Avenue, Long Bridge Road, Matthews Road, Mercer Road, Montrose Road, Muhlenbrink Road, Revolutionary Road, Squankum Road, Obre Road, Water Street, Willowbrook Road and Woods End Road.
A. Nursery-grown shade trees shall be planted between 50 and 60 feet apart and 20 feet from the curbline. All shade trees shall have a minimum caliper of two inches measured six inches above the ground line and shall lie in the height range of 12 to 14 feet when planted, shall be of a species specified in the requisite agency approval and shall be planted in accordance with said approvals. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case, if practicable, these lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means. Upon request, proof of variety shall be provided by the developer before the performance guaranty is released. Inspections shall be made by the Township Engineer in accordance with § 102-16F. [Amended 12-29-1999]
B. When a developer is required to replace dead, missing or defective shade trees, the replacement trees shall be of a caliber and height equal to or greater than that of the four nearest shade trees that have passed inspection. All landscaping plans must be drawn, signed and sealed by a licensed landscape architect. Required landscaping on private property shall not be considered to have been provided unless it is maintained in good health and in an attractive manner by the owner.
C. Wooded areas and specimen trees. It is the purpose of these provisions to encourage site designs that preserve existing wooded areas and specimen trees. As part of a major subdivision or major site plan application, the boundaries of existing wooded areas shall be delineated. Outside those wooded areas, individual, healthy shade trees of twelve-inch caliper or larger, healthy specimen trees of eight-inch caliper or greater and individual healthy ornamental trees of four-inch caliper or greater shall be identified. The placement of buildings and other site improvements shall take into consideration the location and quality of these wooded areas and individual trees, and, to the maximum extent practical, buildings, pavement and other site improvements shall be located to preserve as much of the natural condition as possible. For purposes of grading and related site work, plans shall show the limits of clearing and grading in relation to the wooded areas and specimen trees.
[Added 3-28-2012]
A. Findings: sampling requirements. The Township Committee finds that historic pesticide contamination has become a concern within the Township. Site investigation and soil sampling shall be conducted for all major residential development applications prior to any Board approval, the purpose of which shall be to determine if contamination is present at levels exceeding the New Jersey Department of Environmental Protection Soil Cleanup Criteria.
B. Applicability. Prior to any preliminary major subdivision or preliminary major site plan application being deemed complete by the approving authority for a residential development, all of the soil testing requirements outlined in this section shall be filed as part of the application. The Board Engineer and Colts Neck Township Environmental Commission shall review and comment on the results of the soil testing. The testing results shall be used as evidence in the case before the Board. Remediation of any contamination found on the proposed site shall be completed prior to site development. Failure of an applicant to fully comply with any part of the provisions as outlined in this section shall result in the denial of the application. Per N.J.S.A. 40:48-2.57, this section shall not apply to any property for which any person is conducting actions related to historic pesticide contamination under the oversight of the Department of Environmental Protection, provided that such person, as a condition of any development approval by the Township, obtains a full site no further action letter from the Department.
C. Standards for sampling.
(1) State guidelines. Site investigation sampling shall be conducted pursuant to the New Jersey Department of Environmental Protection Field Sampling Procedures Manual and analysis conducted by certified independent laboratories pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-2, and as may be amended in the future by NJDEP. These test results shall be analyzed to determine where contamination is present at levels exceeding the New Jersey Department of Environmental Protection Soil Cleanup Criteria Guidelines. A summary report prepared by the laboratory shall be included with the test results, highlighting sample data exceeding NJDEP contamination limits.
(2) Map and report. The entire property shall be sampled with the exception of areas that contain state-regulated wetlands, floodplains or other areas which would be restricted from development by the State of New Jersey. A map shall be provided showing the exact location and depth of each soil sample taken, along with a detailed report summarizing the result of each sample. The sampling plan shall be prepared by the certified testing laboratory or an independent soil scientist certified by the state.
(3) Sampling locations. Sampling frequency and locations shall be based upon the technical requirements of N.J.A.C. 7:26E-3.5 through 7:26E-3.9. Sampling locations must be evenly dispersed throughout the project site, and additional samples may be required if the Board Engineer or Township Environmental Commission determines that field conditions warrant the additional tests.
(4) Site investigation: soil. The site investigation shall satisfy the following requirements for all soil investigations:
(a) A survey for buried drums, tanks or waste using test pits, ground-penetrating radar, magnetometry electromagnetics or other techniques capable of detecting metal containers and other waste to an average depth of 20 feet or deeper shall be conducted if:
[1] There have been any reports of buried drums, tanks or waste;
[2] Groundwater contamination is detected and no source has been identified; or
[3] Aerial photographic history of the site indicates the presence of drums, tanks or waste in or adjacent to regraded and/or filled areas.
(b) Soil samples shall be collected for chemical analysis and to provide a profile of subsurface conditions. The profile shall meet the following:
[1] Logs shall be prepared for all soil samples to document subsurface conditions, including, without limitation, soil types and description of nonsoil materials, field instrument measurements, depth to groundwater, if groundwater is encountered and document, if present, soil mottling, presence of odor, vapors, soil discoloration and free and/or residual product, as determined pursuant to N.J.A.C. 7:26E-2.1(a)14;
[2] Soil shall be classified according to one of the standard systems (for example, Burmeister, Unified or United States Department of Agriculture);
[3] All borings shall be performed in accordance with the Subsurface and Percolating Waters Act, N.J.S.A. 58:4A-4.1 et seq. In addition, a monitoring well permit shall be obtained from the Department prior to drilling any soil boring greater than 25 feet below grade. For soil borings to a depth of less than 25 feet below grade, the Department recommends soil not be returned to the boring hole. If contaminated materials are returned to the boring hole, then the person responsible for conducting the remediation shall address the presence of this contamination as part of the remedial action workplan; and
[4] Soil sample locations may be photo documented.
(c) Initial characterization soil samples (except samples being analyzed for volatile organics) shall be collected at zero to six inches below grade except as required pursuant to N.J.A.C. 7:26E-3.9.
(5) Analysis of samples. All samples shall be analyzed for all possible contaminants contained in the NJDEP Soil Cleanup Criteria, including arsenic, lead and a pesticide scan (USEPA Method SW 846-8081A). The pesticide scan includes a total of 20 compounds, including DDT, DDD, DDE, dieldrin and chlordane. All analytical results obtained from the pesticide analysis shall be provided to the Board Engineer for comparison with established NJDEP contamination levels.
(6) As an alternative to Subsection C(4) above, the applicant may elect to complete a limited test for lead, arsenic and pesticide scan, in addition to conducting a Phase I Environmental Assessment as part of the development application. The Phase I assessment shall be performed in accordance with the American Society of Testing Materials (ASTM) Standard 1527-00 for Phase I Environmental Assessments, and the Technical Requirements for Site Remediation, N.J.A.C. 7:26E. A report shall be prepared for the site by a New Jersey licensed environmental consulting firm and signed by an environmental scientist. Based on the findings of the Phase I Environmental Assessment, the applicant's environmental consultant will address and present findings to the Planning or Zoning Board and its professionals as to whether additional soil samplings and analysis should be performed for all possible contaminants listed on NJDEP Soil Cleanup Criteria. The Phase 1 Environmental Assessment findings may be used by the applicant as evidence before the Planning or Zoning Board to accept the same as sufficient and not require the additional testing of all possible contaminants listed on NJDEP Soil Cleanup Criteria.
