A. Except for minor site plan and minor subdivision the developer shall guarantee the installation of the following improvements:
(1) Grading;
(2) Streets;
(3) Gutters, curbs and sidewalks;
(4) Streetlighting;
(5) Street signs;
(6) Landscaping and shade trees;
(7) Utilities, including the installation of water mains or other means of water supply, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, and all appurtenances to such facilities properly connected with approved systems of water supply, sewerage and stormwater drainage, as the case may be and adequate to handle all present and probable future development;
(8) Fire hydrants;
(9) Monuments;
(10) Sedimentation and erosion control practices; and
(11) Public improvements of open space.
B. The installation of all improvements throughout the development shall be in accordance with the provisions of this chapter and subject to inspection by the Township Engineer. The cost of said inspections by the Township Engineer shall be at the expense of the developer, in accordance with the terms and provisions of an agreement to be executed and delivered by the developer to the Township, prior to approval of the final plat of the subdivision.
C. Such improvements as required by this chapter, shall take into consideration the characteristics of potential development of various areas of the Township as reflected in the Master Plan and zoning ordinances.
D. The standards in this chapter shall be deemed to be the minimum standards necessary for any particular subdivision in the Township of Freehold. The Planning Board may waive or reduce any and all requirements; provided, however, that such waivers or reductions by the Planning Board shall be given only for special reasons by resolution of the Planning Board, setting forth in such resolution that the waiver or reduction of any requirements shall be in the best interest of the Township of Freehold and for the general health, safety, and welfare of the Township of Freehold. The Planning Board shall in no event have the power or authority to waive or reduce the requirements relating to utilities.
E. When homestead houses, or more commonly referred to as "farmhouses," or lots have been subdivided from a tract for which approval is subsequently requested, the developer shall install the improvements required in the surrounding subdivision in front of the homestead lots previously approved as a minor subdivision.
F. All improvements shall be installed in complete accordance with current Township specifications and shall comply with all applicable ordinances, county regulations, state laws and regulations, and shall meet the following requirements.
A. Grades and cross sections shall be such as to provide for the disposal of stormwater and such groundwater seepage as may be encountered, all in accordance with the plans therefor, approved at the time of approval of the preliminary plat and as may be required in the field by the Township Engineer as the work progresses.
B. All construction stakes and grades thereon shall be set by a licensed professional engineer or licensed land surveyor employed by the developer.
A. Residential projects are subject to the New Jersey Administrative Code, Title 5, Chapter 21, known as the "Residential Site Improvement Standards."
B. All underground utilities, drains or other facilities located within the roadway portion of the street shall be installed prior to the placing of any road surfacing material.
C. All streets shall be constructed and graded and provided with surfacing in keeping with the following standards and specifications: 1. Subgrades: All top soil shall be stripped from the proposed subgrade. The subgrade, when completed, shall be true to the lines, grades and cross sections given on the plan accompanying the road profile. The subgrade for road construction shall be brought to a firm, unyielding surface by rolling the entire area with an approved three wheel power roller weighing not less than 10 tons. All soft and unyielding materials and other portions of the subgrade which do not attain the required stability or which will not compact readily where rolled or tamped shall be removed. All loose rock or boulders found in the subgrade earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of unstable material shall be refilled with soil aggregate conforming to the requirements of the Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, and the New Jersey Department of Transportation Supplemental Specifications for Road and Bridge Construction, as amended, or as directed by the Township Engineer. Where required by the Township Engineer, a system of porous wall concrete pipe subsurface drain shall be constructed beneath the surface of the paving and connected to a suitable drainage system. Where, in the opinion of the Township Engineer, subgrade conditions of proposed streets are wet, springy or of such nature that surfacing would be inadequate without first treating the subgrade, the minimum treatment of the subgrade shall be made in the following manner; the street shall be excavated to a minimum depth of 12 inches below the proposed finished subgrade elevation. Soil aggregate and material shall be installed to replace unsuitable subgrade materials and shall be installed in six-inch layers measured after compaction. The subbase for road construction shall be brought to a firm, unyielding surface by rolling the entire area with an approved three wheel power roller weighing not less than 10 tons. All soft and yielding material and other portions of the subgrade which do not attain the required stability or will not compact readily when rolled or tamped shall be removed. All loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of material shall be refilled with suitable material and the whole surface compacted uniformly. When subbase material is needed to replace unsuitable subgrade materials, it shall consist of: field stone not more than five inches in the largest dimension; steam cinders; crushed rock or slag, varying in size from one to three inches in diameter; sand; or gravel.
D. Where, in the opinion of the Township Engineer subbase conditions of proposed streets are wet, springy or of such nature that surfacing would be inadequate without first treating the subbase, the minimum treatment of the subbase shall be made in the following manner: The street shall be excavated to a minimum depth of 12 inches below the proposed finished elevation. Sand, gravel or crushed stone shall be placed to a depth which, after thorough rolling, shall be not more than a six-inch layer.
E. The minimum requirements for the construction of any street shall be: a) six inches thick of one-and-one-half-inch dense graded aggregate base course; b) three inches of bituminous concrete stabilized base course, NJDOT Mix I-2; c) 1 1/2 inches of bituminous concrete surface course, NJDOT Mix I-5. For roadways 40 feet or greater the minimum requirements shall be: a) six-inch thick dense graded aggregate base course; b) six inches bituminous concrete stabilized base course, NJDOT Mix I-2; c) two inches of bituminous concrete surface course, NJDOT Mix I-5. In lieu of six inches dense graded aggregate base course, six inches thick recycled concrete conforming to NJDOT standards may be used. All bituminous concrete shall be laid with a self-propelled paving machine approved by the Township Engineer.
F. Any road repair shall be done with bituminous concrete NJDOT Mix I-5 and sealed unless directed otherwise by the Township Engineer.
G. Embankments (fills). Fill for subgrade shall be placed in layers not more than six inches thick and subgrade on grade shall be compacted by one of the following alternative types of equipment and number of passes each:
(1) Smooth-faced power rollers, either solid surface or pad type, weighing not less than 10 tons and having a load of not less than 330 pounds per square inch of width of roller surface when all wheels are in contact with a level surface. The load requirements for solid surface rollers apply to the rear wheels. There shall be a minimum of four passes per layer. A pass is defined as one passage of a compacting wheel over the entire surface of the layer.
(2) Pneumatic tire rollers having a load of not less than 225 pounds per square inch of width of tire surface in contact with the ground, with the tires on the front and rear axles staggered with respect to each other so that they cover the entire strip over which the roller travels. There shall be a minimum of five passes per layer. A pass is defined as one passage of one tire over the entire surface of the layer.
(3) Tamping type or sheepsfoot roller, each unit of which shall consist of one or more cylindrical sections having studs or feet projecting not less than 6 1/2 inches from the surface of the drums, and developing a load of not less than 200 pounds per square inch of bearing surface when a complete row of tampers is in contact with a level surface. There shall be a minimum of eight passes per layer. A pass is defined as one passage of such a unit over the entire surface of the layer.
(4) Fifty-ton compactor. A pneumatic tire-type roller capable of being loaded in increments to a gross weight of 50 tons. The tires shall be spaced so that the clear width between adjacent tire treads on the same axle shall be not more than the width of the tire. When operating at a gross weight of 50 tons, the tire inflation shall be not less than 90 pounds per square inch and the load on each tire shall be not less than 25,000 pounds. There shall be a minimum of five passes per layer by the compactor loaded to a gross weight of not less than 50 tons. A pass is defined as one passage of a wheel of the compactor over the entire surface of the layer.
(5) Dynamic compactor.
(a) A vibratory compactor, acceptable to the engineer, capable of operating at the optimum frequency of vibration required for the size and type of the compactor in use and the material being compacted. There shall be not less than two and not more than five passes per layer and the actual number, within this range, shall be as directed by the Township Engineer depending upon the type of material being compacted. A pass is defined as one passage of the vibrating unit over the entire surface of the layer.
(b) If the embankment material be sand, or sand and gravel, pneumatic tire rollers or dynamic compactors shall be used as specified in Subsection F(1), (2) or (5) above. If the embankment material be other than sand, or sand and gravel, three-wheel rollers, tamping-type rollers, or pneumatic tire rollers shall be used as specified in Subsection F(1), (2), (3) or (4) above. The compacting effect of equipment other than as specified in the foregoing requirements will not be considered as part of the required compaction when the rolling or vibrating method is specified to be used.
(c) Where the conditions are such that access with compacting equipment specified above is not possible the embankment shall be placed in six-inch layers and shall be compacted to a density of not less than 95%.
H. Underdrains. French underdrains shall be installed where the character and composition of the roadbed itself or adjacent terrain renders such installation necessary, in the opinion of the Township Engineer. These underdrains shall consist of perforated metal pipe or porous wall concrete pipe to be a minimum diameter of six inches and to be laid in the bottom of a trench at such depth and width as shall be necessary in view of the conditions involved. The joints of the pipe shall be left open and covered with salt hay or burlap and the pipes laid with the hub upgrade. The trench shall then be filled with clean washed gravel or broken stone or other equivalent material approved by the Township Engineer. The stone shall be covered with a layer of salt hay a minimum of one inch thick, and the remainder of the trench filled with suitable earth properly compacted.
I. Storm drains; cross drains (pipe culverts).
(1) These drains or culverts shall consist of sections of reinforced concrete pipe. All pipe shall comply with the requirements of the current New Jersey State Highway Department Standard Specifications governing materials and unless otherwise specified, Class 3-Wall B shall be used for standard strength when installed off streets and Class 4-Wall B shall be used for extra-strength reinforced concrete culvert when installed in streets. Minimum diameter (pipe) shall be 15 inches for cross drains and 18 inches for main runs.
(2) Culverts or drains shall be constructed as specified hereinbelow. The location, length, depth, grade, type and size of pipe therefor shall be designated on the plans indicated herein except where unusual or exceptional soil or other conditions are discovered at the time of construction, which are not provided for in the plans, in which case such construction shall be as the circumstances shall demand as determined by the Township Engineer. Trenches shall be bridged at all street crossings, intersecting streets, public and private entrances in such a manner that traffic will not be interrupted.
(3) The contractor shall have a sufficient quantity of timber and plank constantly on hand for planking, sheet piling, fencing or shoring; also, adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.
(4) All trenches for culverts or drains shall be excavated at least 12 inches wider than the external diameter of the pipe to be used therein.
(5) When rock is encountered it shall be removed to at least six inches below the grade line, the trench then being filled with earth to the grade and form of the pipe and thoroughly tamped.
(6) The pipe shall be laid on a firm bed and the bottom of the trench shall be excavated to the line and grade given or directed by the Township Engineer. The bottom of the excavation shall have the shape and dimensions of the lower half of the pipe, the earth underneath being excavated sufficient to admit the bell. When rock is encountered and removed from the trench as specified, this excess depth shall be refilled with suitable materials and tamped thoroughly.
(7) The pipe shall be laid with the hubs upgrade, spigot ends fully entered into the adjacent hub, and true to line and grade. All joints shall be filled with a cement mortar unless unusual or exceptional conditions shall require otherwise as determined by the Township Engineer. Such cement shall be composed of one part of portland cement and two parts of approved clean sand, mixed with sufficient water to form a plaster mortar.
(8) The filling around the pipe shall be made in layers with approved materials free from rock, and each layer shall be tamped thoroughly around and over; the trench shall then be filled with subsequent layers of not over one foot in depth thoroughly tamped, and if ordered by the Township Engineer, when the filling is within one foot of the top of the trench, it shall be flooded with water.
(9) Where indicated or directed, old pipe culverts shall be removed and relaid, extended or renewed in the same manner as specified above for new pipe culverts or drains.
(10) Easement of width sufficient to allow proper maintenance, not less than 25 feet shall be provided for the outletting of all drains, pipe lines, and the like to streams, existing storm drains, or other approved drainage courses.
(a) The easements contemplated herein shall be by way of grant to the Township in writing, duly acknowledged before a person authorized to take oaths pursuant to statute made and provided in order that such grant of easement, that it can be recorded in the Monmouth County Clerk's office. The grant of easement shall be subject to the approval of the Township Attorney as to form and substance.
(b) The easement(s) shall also be noted on the plat with the following typical language of transferal subject to approval by the Township Attorney: Drainage easement(s), location as noted in this plat, to the Township of Freehold for the purpose of maintaining surface drainage and/or installing and maintaining surface and subsurface drainage facilities; said easement is intended to be an uninterrupted and unobstructed easement, under, across and over the area described, consisting of the right to erect, construct, install, use, inspect, repair, replace, remove, maintain, and preserve drainage facilities of any kind, and any other appurtenances which are existing or proposed on this site plan/subdivision plat and/or which may, in the opinion of the Township of Freehold, become necessary in the future. Unless otherwise agreed to in writing, the Township of Freehold shall, in the event it disturbs any real estate improvements in the easement, only be responsible for restoration of fencing and landscaping improvements, excluding mature trees.
(11) Conservation easements.
(a) Where the Master Plan of the Township of Freehold delineates conservation and drainage easements to protect streams from siltation and adjoining banks from erosion, conservation easements shall be furnished to the Township by the developer. The conservation easement shall include the property between the drainage easement as established on the Official Map and a line approximately parallel to the top of the bank 25 feet distant back from it. This conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: the removal of dead or diseased trees, thinning of trees and 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.
(b) The easements shall be set forth on the preliminary and final plat and shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise. The boundary line of the conservation easement shall be monumented at its intersection with all existing or proposed street lines. Conservation easement(s) deeds in a form sufficient for recording in the Monmouth County Clerk's office shall be submitted to the Township Attorney and Township Engineer for approval as to sufficiency and form and to the Township Committee for approval and acceptance.
(c) The easement(s) shall be noted on the plat with the following typical language of transferal: Conservation easement, location as noted on this plat, to the Township of Freehold for the purpose of protecting streams from siltation and adjoining banks from erosion; said easement is intended to be an uninterrupted and unobstructed easement, under, across and over the area described, consisting of the right to restrict the removal of trees and ground cover except for the purposes of removing dead or diseased trees, thinning of trees and 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.
J. Width of pavement. Pavement shall be installed from curb to curb on all proposed streets. On all existing roads abutting a development, pavement in accordance with Article X (§ 190-86 et seq.) shall be installed from edge of concrete curb to edge of curb or to the furthest edge of existing pavement. The junction between the existing and the proposed pavement shall be finished in a neat and workmanlike manner subject to the approval of the Township Engineer. If the developer owns property on both sides of an existing Township road, the subdivider or owner shall construct a full bituminous macadam pavement 10 1/2 inches in depth as specified in Article X (§ 190-86 et seq.) of this chapter from curbline to curbline or gutter line to gutter line on each street. If the developer owns property on one side of a street he shall pave all of that area within the public right-of-way from the middle of the street. If a development abuts an unimproved road (unpaved street), the developer shall improve same up to a point where it intersects an improved road. Roadway pavement widths shall have a constant width throughout any proposed new street; provided, however, on turns of approximately 90, an additional six feet or more of paving may be required by the Township Engineer for purposes of snow removal and maintenance. New roadways shall not be developed with "bubble," "eyebrow" or "hairpin" configuration.
K. Materials, inspection and general requirements.
(1) All material and appurtenances, unless otherwise specified herein, shall comply with the requirements set forth in the current New Jersey State Highway Specifications.
(2) When, in the opinion of the Township Engineer, materials require testing, such materials shall be tested by an approved testing laboratory at the expense of the property owner.
(3) All work in respect to the improvements required to be installed in the subdivided lands shall be subject to inspection by the Township Engineer or his duly authorized representative. The owner or developer shall notify the Township Engineer at least 48 hours prior to actual construction, in order that the Township Engineer inspect the work as it progresses. Failure to so notify the Township Engineer shall justify the Township Engineer to require such installation to be uncovered or removed in order that the Township Engineer be able to certify to the Township Committee that the work is in accordance with the standards set forth in this chapter.
(4) The standards insofar as this section of the chapter is concerned shall be considered as minimum standards for street improvements. Where special circumstances or conditions of terrain, character of soil or otherwise require different construction or materials, such construction or materials shall be in accordance with the requirements as shall be determined by the Township Engineer.
L. All streets in the development tract shall be properly maintained by the owner or subdivider in good serviceable condition satisfactory for normal vehicular traffic use, which maintenance shall include snow removal service when necessary, until such streets are accepted by the Township.
A. Concrete curbs shall be installed on both sides of all streets unless the Planning Board approves the installation of Belgian block. The width at the base of the curb shall be a minimum of eight inches in width and 18 inches in depth and six inches in width at the top. The curb shall show a face above the finished pavement of eight inches for roadways with a pavement width of 40 feet or greater and six inches for roadways with a pavement width of less than 40 feet. The concrete shall be NJDOT Class B concrete. The minimum length of block shall be 10 feet with a preform bituminous expansion joint filler 1/2 inch thick installed every 40 feet. The finish shall be a float finish with corners rounded. The curb shall be laid in a workmanlike manner as directed and approved by the Township Engineer. The curb at all driveway openings shall be depressed to a point two inches above the finished pavement. The rear top corner of such a curb shall have a radius of 1 1/2 inches. Curb openings shall be in such widths as shall be determined by the Township Engineer. Belgian block shall be consistent with and installed according to the standard detail set forth in Schedule D attached.
B. Where development takes place adjoining existing streets, concrete curb shall be installed in accordance with Subsection A above, and the area between such gutter and the existing road shall be paved in accordance with specifications in § 190-94 and care shall be taken that a proper joint is made with the existing street.
C. Sidewalks shall be required in all areas and constructed on both sides of all streets; except streets where governmental regulations deny access to pedestrians, or those streets within new major subdivisions, residential or nonresidential, in which case sidewalks shall be constructed on one side of the street only. However, the Planning Board may waive the construction requirement where, in its opinion, it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township of Freehold an amount equal to 60% of the reasonable cost of installing said sidewalks, said amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this subsection, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township of Freehold. However, the Planning Board may waive the construction requirement where, in its opinion, it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township of Freehold an amount equal to 60% of the reasonable cost of installing said sidewalks, said amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this subsection, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township of Freehold. [Amended 12-22-2009 by Ord. No. O-09-34]
D. Sidewalk shall have a minimum width of four feet and four inches in thickness except at driveways and aprons where the sidewalk and aprons shall be reinforced concrete six inches thick with a number six-gauge six-by-six mesh steel wire reinforcement placed four inches below the finished sidewalk surface. Sidewalk shall be constructed at the locations and to the prescribed lines and grades as approved in a preliminary plat. All sidewalks shall have a cross slope of 1/4 inch per foot toward the street. Sidewalks shall be constructed only after the adjacent curb has first been installed. The sidewalk subgrade shall be smooth and unyielding and be thoroughly compacted by approved tamping and vibratory methods. Where, in the opinion of the Township Engineer, the subgrade conditions of the proposed sidewalk installation is wet, spongy and unyielding, the yielding subgrade material shall be removed as directed by the Engineer and replaced with bank-run gravel regraded and compacted to subgrade elevation. Concrete for sidewalk and apron shall be acquired from a ready mixed concrete plant and shall be NJDOT Class B concrete manufactured in accordance with the New Jersey State Highway standard specifications, latest revision. Coarse aggregate proportions shall conform to American Society for Testing and Materials, Concrete Aggregates C 33, Size No. 57 or 67. Concrete will be air-entrained, and the amount of air shall be 5% plus or minus 1%. NJDOT Class B concrete shall be placed to a thickness of four inches tamped, screened and finished to true grade. The finish shall be with a wood float, followed by brushing with a set of soft-haired brushes to a neat workmanlike surface. Expansion joints 1/2 inch wide shall be provided at minimum intervals of 12 feet and filled with preformed bituminous expansion joint filler. Surface grooves shall be cut perpendicular to the line of the sidewalk at intervals equal to its width. Exposed edges shall be neatly rounded to a radius of 1/2 inch. Developments may provide contiguous asphalt bike/pedestrian ways in lieu of concrete sidewalks subject to approval by the Planning Board and subject to minimum specifications prescribed by the Township Engineer.
E. Location of sidewalks.
(1) The sidewalks will be located within the street right-of-way a distance of one foot from the property line as measured toward the face of the curb.
(2) For residential development, a standard sidewalk pattern may consist of one six-foot wide sidewalk on one side of a roadway which does not have residential structures instead of four-foot wide sidewalks on both sides. The Planning Board may waive sidewalks in areas where it is not desirable to have pedestrian access.
(3) Curbing may be waived along roadway segments which traverse open space areas where the slope is less than 5% and provided drainage swales can be installed in accordance with specifications prescribed by the Township Engineer.
F. In residential developments a concrete walk shall be constructed to connect the front entrance of the dwelling to the street, parking lot or driveway. Such sidewalks shall have a minimum width of three feet. The Township Engineer may permit the use of brick or similar paving materials in lieu of concrete.
A. Streetlighting shall be of a type and at locations approved by the Township Committee and the electric utility company.
B. Streetlights shall be installed prior to certificates of occupancy being issued and the cost of electricity for streetlighting in all streets within the development shall be paid for by the developer until such streets are accepted by the municipality, or upon the developer complying with N.J.S.A. 40:55D-53.6.
C. For all development projects which require board approval, the developer shall arrange and pay for streetlighting service upon the appropriate tariff and prevailing government rules and regulations. The developer shall pay all costs for the installation of streetlighting, including, but not limited to, wiring, poles, and fixtures. The payment made by the developer to the utility shall include the amount set by the approved tariff for capital contribution for fixture costs. Accordingly, the appropriate tariff is hereby defined as the "contribution fixture" tariff or its equivalent.
A. Township approved four-way street signs shall be installed within the street right-of-way wherever two or more streets intersect.
B. The sign shall be firmly placed on a two-and-one-half inch outside diameter, two-inch inside diameter, galvanized steel pipe. The pipe shall be a minimum length of 13 feet and shall be firmly set in a concrete footing, eight inches diameter, to a depth of three feet.
C. Signs shall be installed in accordance with the USDOT Manual on Uniform Traffic Control Devices following review and recommendation by the Township Police Chief and Township Engineer.
A. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed on the surface to a minimum depth of six inches and so as to provide an even cover and shall be stabilized by seeding or planting.
B. Any tree on the site having a trunk diameter of more than four inches at a height of two feet from the ground shall not be removed unless such removal is in accordance with a plan approved by the Planning Board. [Amended 12-22-2015 by Ord. No. O-15-26]
C. All tree stumps shall be removed from the site. No tree stumps shall be buried on any lots or streets.
In the event of large-scale commercial development, such as shopping centers, service stations, or any other development where large areas will be covered with either bituminous macadam pavement or buildings and it is in the best interest of the Township for the existing topsoil on the site not to be used as fill or subbase on the site, the developer may apply to the Planning Board for a topsoil removal permit pursuant to Chapter 286, Soil Removal and Soil Fill. Such application may be made contemporaneous with the application for development.
A. A developer may make application to the Planning Board for a topsoil removal permit to remove topsoil from said premises beyond the geographical boundary lines of the Township of Freehold.
B. The application for a topsoil removal permit shall be in writing addressed to the Planning Board, and the Planning Board may grant such permit upon written application made or at its discretion, conduct a hearing thereon with a date to be set by the Planning Board at which time testimony shall be received for the purpose of determining whether or not there is in fact excess topsoil to be removed from said lands and premises and the effect that said removal will have upon the lands and premises to be developed as well as the effect thereof upon the community at large.
A. Where the development is to be served by a private utility company or a municipal water supply system, the developer shall provide for the installation of service lines with a minimum diameter of eight inches ductile iron pipe in the street right-of-way. Each lot shall be served by a one-inch minimum size Type K copper service line from the nearest available street water main installed in the street right-of-way in accordance with the regulations of the private utility company, municipal ordinances and regulations of the State Department of Health. All such service lines shall be installed at the expense of the developer.
B. The developer shall be obligated to obtain water from a central water system whether it be a private water utility company or a municipal water system, provided that the private water utility company or the municipal water system agrees that it will extend its mains to the lands of the developer. The cost of the extension of the mains for the purpose of supply of water shall be pursuant to agreement entered into between the developer and the supplier of water.
A. Septic tanks may be installed subject to conformity with the health ordinance of the Board of Health of the Township of Freehold, where the subdivision is less than 50 homes, as provided by statute.
B. Where the subdivision plat submitted for approval contains 50 or more lots or the land area covered and delineated by said plat is part of a larger tract which, when the remainder thereof is added together with the land area sought to be subdivided contains sufficient area to permit the layout and subdivision of a total of 50 or more lots, or where said land area covered by said plat has heretofore been previously subdivided, then in such an event, the subdivider or owner shall provide for the connection of said lots into an existing central sewage treatment system or, in the alternative, construct, maintain and operate a system of sewage treatment.
C. If public sewage disposal is not available to the development, the Planning Board may require the installation of dry lines for future connections provided it is probable that such service shall be available within a reasonable time.
[Amended 9-13-2005 by Ord. No. O-05-30; 12-27-2005 by Ord. No. O-05-48; 2-28-2006 by Ord. No. O-06-10]
A. General intent.
(1) Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact stormwater management 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 must 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. Stormwater management BMP's shall be designed based upon the studied physical site conditions and not just randomly placed on site in order to comply with this section, more particularly refer to Subsection I of this section for the detailed requirements.
(2) Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development, as defined in Subsection B.
(3) Applicability. This section 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 preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(4) Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this section 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 this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
B. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section 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.
BOARD The Planning Board. [Amended 12-22-2015 by Ord. No. O-15-26]
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 Monmouth County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance in the Monmouth County Planning Board.
DEPARTMENT The New Jersey Department of Environmental Protection.
DESIGNATED CENTER A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
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 waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOOD A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CRITICAL AREAS 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 (slopes of 15% or greater); and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. (See also "critical areas" definition at § 190-3B.)
EROSION The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
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. "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.
MUNICIPALITY The Township of Freehold.
NODE An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Any individual, corporation, company, partnership, firm, association, 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 amount 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 major development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
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.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, 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."
C. General standards.
(1) Design and performance standards for stormwater management measures.
(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 Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design, where applicable. 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 this section apply only to new major development on all properties, whether vacant or not, that requires Board approval and is intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. For properties with existing development, these standards may be applied to the area of disturbance, subject to Board approval. 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.
D. Stormwater management requirements for major development.
(1) The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection M.
(2) Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
(3) The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections D(6) and D(7):
(a) The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
(b) The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
(c) 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.
(4) A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections D(6) and D(7) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a) The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
(b) The applicant demonstrates through an alternative analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections D(6) and D(7) to the maximum extent practicable;
(c) The applicant demonstrates, that, in order to meet the requirements of Subsections D(6) and D(7), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d) The applicant demonstrates, that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsections D(6) and D(7) that were not achievable on-site.
(5) Nonstructural stormwater management strategies.
(a) To the maximum extent practicable, the standards in Subsections D(6) and D(7) shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection D(5) 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 D(5)(b)below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b) Nonstructural stormwater management strategies incorporated into site design shall:
[1] Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
[2] Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
[3] Maximize the protection of natural drainage features and vegetation;
[4] Minimize the decrease in the time of concentration from preconstruction to postconstruction. "Time of concentration" is defined as 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;
[5] Minimize land disturbance, including clearing and grading;
[6] Minimize soil compaction;
[7] Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
[8] Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; vegetative open channel conveyance systems shall be constructed within 300 feet of a private residence, either existing or proposed.
[9] 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:
[a] Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b] Site design features that help to prevent discharge of trash and debris from drainage systems;
[c] Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[d] 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.
(c) Site design features identified under Subsection D(5)(b)(9)[b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see below.
[1] Design engineers shall use 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:
[a] 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); with a Type "N" head with the letters "DUMP NO WASTE - DRAINS TO WATERWAY" cast into the head.
[2] This standard does not apply:
[a] Where it is determined 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;
[b] Where flows from the water quality design storm as specified in Subsection D(7)(a) 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:
[i] A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[ii] A bar screen having a bar spacing of 0.5 inch.
[c] 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 D(7)(a); or
[d] 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.
[e] Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections D(6) and D(7) shall be dedicated to a government agency, subjected to a conservation restriction filed in the Monmouth County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure is maintained in perpetuity.
[f] 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 Subsection G, or found on the Department's website at www.njstormwater.org.
(6) Erosion control, groundwater recharge and runoff quantity standards.
(a) 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.
(b) 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.
(c) 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 Subsection E, 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 D(6)(c)[3][c] 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.
[c] 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. No stormwater recharge facilities shall be constructed within 75 feet of a subsurface sewage disposal system. No stormwater recharge facilities shall be constructed within 50 feet of the basement area of an existing and/or proposed structure.
[4] In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[a] 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;
[b] 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 is deminimus, and will not increase flood damage at the discharge point, or at a discharge point immediately 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;
[c] 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; or
[d] In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(6)(c)[4][a], [b] and [c] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
[5] Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
(7) Stormwater runoff quality standards.
(a) 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.
