No container or containers with a cumulative capacity of more than five gallons above or below ground designed or intended for the storage of gasoline or other motor vehicle fuel shall be permitted on any residential property, except that this restriction shall not apply to properties devoted to agriculture, industrial and/or commercial uses.

[Amended 12-22-2015 by Ord. No. O-15-26]

Whenever a developer shall propose to locate drainage, utility, open space or other public facilities on a separate lot, ownership of which will be dedicated to the local, county or state government, there shall be no necessity for the developer to seek a variance if any such lot does not meet the requirements of Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter, if the Planning Board finds that the lot dimensions are appropriate for the use proposed.

Lots shall be graded to provide proper drainage, to prevent the collection of stormwater, and to prevent adverse impacts on adjoining properties. No one shall alter the grading of any lot or portion of a lot without first securing approval from the Municipal Engineer's office.

A. All residential building lots that are part of an approved subdivision or site plan shall be graded in accordance with the final construction plans.

B. No construction permit shall be issued for construction of a single-family dwelling on a lot that is not part of an approved subdivision without first submitting a lot grading plan for review and approval by the Municipal Engineer's office.

C. No one shall install a retaining wall, gabion wall, crib wall or similar structures used to control slopes without first securing approval as to lot grading and drainage from the Municipal Engineer's office.

D. The Construction Official and/or Zoning Officer may refer building permit applications for additions to existing single-family dwellings or for accessory buildings or structures which involve disturbance of more than 500 square feet of land to the Municipal Engineer's office for review to determine that proper drainage is provided.

A. For each application for 50 or more single-family dwelling units, the applicant shall provide a storage area of 12 square feet within each dwelling unit to accommodate a four-week accumulation of designated recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass bottles and jars, plastic containers and newspapers). The storage area may be located within a hidden laundry room, garage, or basement.

B. For each application for 25 or more multifamily dwelling units the applicant shall provide a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass bottles and jars, plastic containers and newspapers). Within the site, the applicant shall provide a centralized storage area to accommodate a one-month's supply of recyclable materials. The storage area shall be designed for truck access for pickup of materials and shall be suitably screened from view if located outside a building.

C. For each application for nonresidential development which utilizes 1,000 or more square feet of land, the applicant shall provide the Planning Board with estimates of the amount of recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass jars and bottles, plastic containers, newspapers, high grade office paper and corrugated cardboard) that will be generated each week. Applicants may obtain information regarding average generation rates from the New Jersey State Office of Recycling. Within the site, the applicant shall provide a centralized storage area to accommodate a one-week's supply of recyclable materials. The storage area shall be designed for truck access for pickup of materials. Recyclable area storage areas shall be constructed with a six-inch-thick reinforced concrete pad base over six inches of compacted dense graded aggregate base course (DGABC) stone, and shall be surrounded on three sides by a masonry wall six feet in height that is comprised of the same or compatible facade material with the exterior design of the building facade. A solid gate shall be provided on the open side of the enclosure. [Amended 2-25-2014 by Ord. No. O-14-2]

D. All new multifamily housing developments shall provide an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and the Recycling Plan Element of the Freehold Township Master Plan.

(1) The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(2) The recycling area shall be well lighted, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

(3) The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(4) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. All signs shall be in conformance with Article XVII, § 190-173 et seq., of this chapter.

(5) All outdoor recycling areas shall be screened by a solid uniform wall, fence, or similar enclosure. Landscaping shall also be provided around any outdoor recycling area in an aesthetically pleasing manner.

Private tennis and other sports courts (such as basketball, handball, and roller hockey) are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted subject to the following requirements:

A. Courts shall not be constructed or installed on any premises unless a residential building is also located on the premises.

B. Courts shall only be located in the rear area of a lot. No court shall be permitted in the required front yard setback nor in the yard area in front of a residence that is located at a depth greater than the required minimum front yard setback.

C. In the case of a corner lot, a sports court shall not be constructed any closer to the side yard than the principal structure or the required minimum side yard, whichever is greater.

D. All court construction, including fencing in excess of six feet, shall be a minimum of 25 feet from the rear and side yard lines.

E. A fence not to exceed 10 feet in height may be constructed surrounding a tennis or other sports court, provided that such fencing shall not be located closer than 25 feet from the rear and side yard lines and shall conform to requirements of the Construction Official in terms of construction details. A current survey by a surveyor licensed in the State of New Jersey may be required by the Township Engineer and/or Construction Official for determination of the placement of the court, fencing and any related construction.

F. No lighting shall be permitted.

G. Plans for tennis and other sports courts shall be prepared by a professional engineer or architect licensed in the State of New Jersey, submitted to the Township Engineer, and shall comply with the following:

(1) Court location and construction materials including construction details.

(2) Grading including proposed location and amount of soil to be removed or to be placed as fill.

(3) Surface and subsurface drainage. Existing and proposed condition drainage calculations shall be provided. Additional drainage resulting from the proposed construction shall be discharged in stormwater drainage system approved by the Township Engineer, provided that such system or systems has adequate capacity. If such system (or systems) does not have adequate capacity for the additional storm drainage, plans for detention and/or retention basin shall be provided to the Township Engineer for his review and approval.

(4) Landscaping plan including location and caliper of trees to be removed and proposed plantings and buffers along adjacent properties.

(5) Fencing shall be permitted at a height of six feet at the property line in accordance with Article XV, § 190-165 et seq. Fencing around the tennis and sports courts in excess of six feet but not to exceed 10 feet shall be located a minimum of 25 feet from rear and side yard lines.

A. Purpose. The Township Committee finds that residential and nonresidential developments have encroached into steep slope areas, thereby increasing the likelihood of erosion in periods of moderate or heavy rainfall and destruction of the natural character of the Township of Freehold. The Township Committee also finds that disturbance of steep slope areas of Freehold Township produces including increased runoff, soil erosion, creation of retaining walls greater than four feet in height and destruction of mature woodland areas that provide natural stabilization of steep slopes, gradual natural surface flows to streams and their tributaries and natural recharge ground water resources in the headwaters and tributaries of the streams that originate within or flow through the Township. The Township Committee finds that many of the steep slope areas are adjacent to streams and their tributaries and disturbance of these woodlands reduces the natural water filtering function of the stream banks thereby the water quality of the streams, increasing the turbidity of the streams and transportation of topsoil from the Township and reduction of the streams to fulfill their multifaceted functions of surface drainage, subsurface recharge, and maintaining the natural stream bank habitat and canopy that is essential for maintaining and enhancing water quality, water temperatures and stream benthic and stream-edge vegetation and wildlife habitats.

B. Any property which is the subject of a minor or major subdivision or site plan application and which contains slope areas of 12% or greater having a rise of five vertical feet or greater (hereafter "steep slopes") shall comply with the provisions set forth below.

C. Existing and proposed lots with steep slopes shall be subject to the following requirements:

(1) Existing wooded and well-stabilized steep slopes shall not be disturbed and shall be contained in conservation easements.

(2) Previously disturbed, eroded and/or poorly stabilized steep slopes in excess of five vertical feet:

(a) The approval board may require filling of the steep slope area with compacted clean fill to a maximum slope of 25% and restabilization of the slope as described.

(b) Stabilization of the steep slope area through application of topsoil, fertilization, seeding, ground cover and tree planting to promote reforestation based upon a reforestation plan approved by the approval board.

(c) Steep slopes areas shall be contained in conservation easements.

(3) If retaining walls are used to stabilize existing or proposed steep slopes, all slope area measurements will be calculated as if retaining walls were not used. Retaining walls of four feet or greater shall be permitted only if their design is prepared and certified by a professional engineer licensed in New Jersey.

D. Steep slopes areas shall be maintained in an open space condition and shall not have any structures constructed within it.

[Added 7-27-2010 by Ord. No. O-10-13]

Where applicable, there must be compliance with § 190-161.2, Riparian Zone.

[Added 6-25-2013 by Ord. No. O-13-22]

Property owners of undersized lots containing less than 10 acres that contain a residential structure as of June 1, 2013, are hereby permitted to apply for building permits for expansion of such structure, provided that the resulting structure does not exceed the maximum lot coverage for all buildings, the maximum lot coverage of all impervious surfaces, the maximum floor area ratio, the minimum front yard, the minimum side yard and the minimum rear yard requirements for the R-E Rural Environmental Zone as shown in Schedule C, Schedule of Area, Yard and Building Requirements. For existing structures on undersized lots that have front and/or side yards less than those required within the R-E Zone, the expansion of the existing structure shall be located within the rear yard and shall not be any closer to the street or encroach more into the undersized side yard (or yards) than the existing structure.