Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and site plan criteria. Prior to approval of any planned development, the approving authority shall find the following facts and conclusions:
A. All planned developments shall be designed in accordance with the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.
B. Proposals for maintenance and conservation of the common open space proposed to be handled by a private agency shall be reliable and shall be established in accordance with the homeowners' association provisions of this chapter. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.
C. The physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.
D. The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E. In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.
No lot shall have erected upon it more than one residential building. No more than one principal use shall be permitted on one lot, except for shopping centers receiving site plan approval where all uses are as permitted for that zone, and except agricultural uses where the residence and permitted agricultural uses are permitted on the same lot.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within one year after the enactment of this chapter and shall be diligently pursued to completion. The approving authority may extend the time limit for good cause.
A. In large-scale development, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments and authorities concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Easement dedication shall be expressed on the plat in accordance with the drainage provisions of this chapter.
B. Conservation, drainage and utility right-of-way easement. Where a minor or major development is traversed by a watercourse, open drainageway, channel or stream or where the Master Plan, Official Map or natural resources inventory of the Township of Marlboro delineates a floodplain or conservation easement, a conservation, drainage and utility right-of-way easement shall be furnished to the Township by the developer.
(1) The easement shall extend on both sides and shall follow the general course of the watercourse, open drainageway, channel or stream and shall extend from the center line of said course and a line approximately parallel to the top of the bank 25 feet distant back from it.
(2) This easement is granted for the purposes provided for and expressed in this section and in the definition of the terms "conservation, drainage and utility right-of-way easement" and "drainage and utility right-of-way" in § 220-4B of this chapter.
(3) This easement prohibits the removal of trees and ground cover except for the following purposes: the installation and maintenance of drainage facilities and utilities, the removal of dead or diseased trees, limited thinning of trees and growth to encourage the most desirable growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.
(4) No structures except those required for drainage and utilities or to impound water shall be located in this easement.
(5) The easement shall be indicated on the sketch, preliminary and final plats and shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise in the future.
(6) The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines.
(7) Such easement dedication shall be clearly indicated. [Amended 12-11-1987 by Ord. No. 66-87]
(8) No relocation, construction or reconstruction, grading, filling or cutting shall take place within the area of the easement, nor shall any structures or fences be located within such area, nor shall any action be taken which will alter or impair the effectiveness of present or future drainage facilities or cause soil erosion without prior approving authority or Township Council approval. [Amended 12-11-1987 by Ord. No. 66-87]
C. Where natural streams, ponds or pond sites exist or are proposed on lands to be developed, where feasible, facilities shall be provided to draft water for Township fire-fighting purposes that are usable in all seasons of the year. This shall include access to a Township street suitable for access by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or on-tract development where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and in accordance with fire insurance rating organization standards.
D. Water supply.
(1) Where public water is accessible, the developer shall construct water mains in such a manner as to make adequate water service available to each lot use and dwelling unit within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or state agency having approving authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure.
(2) Where public water is not available, water shall be provided for by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.
E. Sanitary sewers and septic systems.
(1) If a public treatment and collection system is accessible, the developer shall construct facilities in such a manner as to make public sewerage facilities available to each use within the development.
(2) Any treatment plant and collection system, including individual lot septic systems, shall be designed in accordance with the requirements of the state agency having jurisdiction and/or Township ordinances enforced by the Township Board of Health, whichever is more restrictive, and shall be subject to approval by the Township Board of Health.
A. All public services shall be connected to an approved public utilities system where one exists. For all major developments, the developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connection in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the developer shall provide the Township with two copies of a final plat showing the installed location of these utilities, prepared and certified as to accuracy by the serving utility. For minor developments, service connections shall be made underground where the supply lines that serve the lands being developed are underground. With the exception of electric, telephone and gas utilities, for major or minor developments the developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this subsection; provided, however, that lots which, in such development(s), abut existing streets where overhead electric or telephone distribution supply lines are already installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.
B. All installation under this section to be performed by a serving utility shall be exempt from performance guaranties and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, the applicant shall provide sufficient live screening to conceal such apparatus year-round. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 220-12, Exceptions, in this chapter.
[Added 4-24-1997 by Ord. No. 11-97]
The following regulations shall apply to the construction of communications facilities within the Township of Marlboro:
A. Permitted in all zoning districts. Communications facilities shall be considered to be a permitted accessory use in all zoning districts of the Township of Marlboro. Where a communications facility is proposed to be located on a vacant parcel of property, however, said facility shall be deemed to be a permitted use until such time as another principal structure is constructed on the property. At such time, the communications facility shall then be considered to be a permitted accessory use.
B. Permit required. No new or replacement communications facility shall be constructed within the Township of Marlboro until a permit has been received from the Municipal Engineer. Where two communications facilities are proposed to be located adjacent to one another, then only one permit shall be necessary for the two combined structures, provided that the total square footage of the combined structures does not exceed 80 square feet. If the combined total square footage exceeds 80 square feet, or if more than two facilities are proposed to be located adjacent to one another, then additional permit(s) shall be required. The word "adjacent" shall be construed for the purposes of this chapter to mean facilities that are constructed upon the same pad or are situated within five feet from another facility. In lieu of receiving a permit from the Municipal Engineer, an applicant may apply directly to the appropriate board of the Township in order to obtain permission for construction of the desired communications facility.
C. Site plan approval. Site plan approval from the appropriate board of the Township shall be required for any proposed communications facility which is greater than seven feet in height or greater than 50 square feet as a footprint for a single facility or greater than 80 square feet as a footprint for two or more adjacent facilities. This calculation shall not include the pad or other base beneath the facility.
D. Lot coverage; size of pad. Neither the pad beneath a communications facility nor the facility itself shall be included in the calculation of lot coverage for the lot upon which the same are to be located. In no event, however, shall the pad extend more than three feet beyond the perimeter of the facility.
E. Submission of application and plan. Prior to the issuance of a permit, the applicant shall submit an application to the Municipal Engineer along with a detailed plan depicting the proposed construction. A form application may be received from the Engineering Department. The plan of construction must identify:
(1) The location of all existing underground utilities within the easement; and
(2) Any alteration to the existing grade of the property within the easement which will result from the proposed construction.
F. Application fee. There shall be a nonrefundable application fee of $500 for each permit. This fee is necessary in order to cover the costs associated with the review of each permit application by the Engineering and Legal Departments of the Township. The fee shall be submitted to the Municipal Engineer along with the completed application and proposed plan for construction and shall be placed into a separate account to be kept by the Chief Financial Officer for this purpose.
G. Time for action by Municipal Engineer; checklist of requirements. The Municipal Engineer shall act upon any application submitted for a permit (i.e., issue the permit or decline to issue the permit) within 20 days from the date of receipt of a complete application and construction plan from the applicant. Issuance of a permit shall be based upon a determination that the following checklist of requirements has been satisfied:
(1) That the proposed construction shall not adversely affect the subject property or adjacent properties.
(2) That adequate landscape buffering exists. Said buffering (either in its current or expected growth condition) shall not, however, in the opinion of the Municipal Engineer, be so large as to obstruct vision in a manner which would create an unsafe condition. In cases where adequate landscape buffering does not exist, the planting of such buffering to the satisfaction of the Municipal Engineer shall be a condition to the issuance of the permit.
(3) That adequate safety devices exist in the area of the communications facility, if deemed necessary by the Municipal Engineer. In cases where adequate safety devices do not exist, the erection of same to the satisfaction of the Municipal Engineer shall be a condition to the issuance of the permit.
(4) That the proposed communications facility and any accessory structure(s) related thereto are not located within a sight triangle.
(5) That all property owners within 200 feet of the location of the proposed facility have been notified as set forth herein and have been given an opportunity to provide comments to the Municipal Engineer prior to the issuance of the permit. The two-hundred-foot radius surrounding the proposed facility shall be depicted upon a signed plan submitted to the Municipal Engineer from a licensed surveyor on behalf of the applicant. The applicant shall notify all property owners shown to be within said two-hundred-foot area by certified mail, return receipt requested, at the addresses indicated on the tax records of the Township. The notice shall be on a form to be provided by the Engineering Department which shall advise the adjacent property owners that they shall have a period of 14 days from the date of mailing of said notice to provide comments to the Municipal Engineer regarding the proposed construction. No permit application shall be deemed to be complete until all of the certified mail return receipts have been submitted to the Municipal Engineer verifying that the applicant has mailed said notice to all of the required adjacent property owners at their last known addresses as listed on the tax records of the Township. If any comments are received by the Municipal Engineer from adjacent property owners within said period, then the Municipal Engineer shall provide the applicant with an opportunity to respond to said comments prior to the Municipal Engineer's determination on the permit application.
(6) That an easement or other legal approval for the location of the communications facility has been obtained from the owner of the affected property. A copy of the deed of easement or other legal document(s) evidencing said approval shall be submitted at the time of application for a permit.
(7) That any alteration to the existing grade of the property as a result of the proposed construction shall not adversely impact upon existing drainage patterns.
(8) That the construction and use of the proposed communications facility and any accessory structure(s) related thereto shall not endanger the health, safety or welfare of the inhabitants of the affected property, neighboring residents or the community in general.
H. Denial of permit. In cases where the Municipal Engineer declines to issue the requested permit, the Municipal Engineer shall return the proposed construction plan to the applicant along with a dated written statement outlining the reasons for said denial. Any applicant who is denied a permit to construct a communications facility within the Township of Marlboro may take any other action(s) as may be prescribed by the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time, in order to secure approval to construct the desired communications facility.
A. No service station or public garage shall have an entrance or exit for vehicles within 200 feet of an entrance or exit, along the same side of a street or across the street, from any firehouse, public or private school, park, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut. No service station or public garage shall be within 2,500 feet of another service station or public garage, measured the shortest distance from property line to property line along street rights-of-way and, where measurements cross street rights-of-way, perpendicular to the street right-of-way. Driveways, aprons, parking areas and other portions of the site traveled by motor vehicles shall be located and paved in accordance with the off-street parking provisions of this chapter.
B. All appliances, pits, storage areas, trash facilities and accessory items displayed, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any future street line. All repair work shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
C. No junked motor vehicle or part thereof or not more than four motor vehicles of normal operation upon the highways shall be permitted on the premises of any service station or public garage not within a closed and roofed building; except, however, that a number not exceeding six motor vehicles may be located upon any service station or public garage premises outside a closed or roofed building, for a period of time not to exceed seven days, provided that said motor vehicles are awaiting repair by the owners thereof. [Amended 9-28-1995 by Ord. No. 35-95]
D. All motor vehicle service stations that sell gasoline at retail to consumers from gasoline pumps at their stations shall be required to have an alternate energy source, such as a generator connection/hookup, that is capable of providing electrical service during an interruption of the normal electrical supply sufficient to power up the gasoline pumps so that gasoline can be sold to the consumer. The alternate energy source shall be sufficient to operate all pumps during normal business hours of the service stations. [Added 3-14-2013 by Ord. No. 2013-5]
E. The alternate energy source required by § 220-176D shall be required any time an existing motor vehicle service station undertakes a substantial renovation (e.g., tank replacement) as determined by, and in the sole discretion of, the Zoning Officer in consultation with the Construction Official. [Added 3-14-2013 by Ord. No. 2013-5]
[Amended 7-14-1988 by Ord. No. 31-88]
A. Nursery-grown shade trees, healthy, well-branched, bagged and burlapped, with good roots, shall be planted an average of 50 feet apart and four feet from the sidewalk in the front lawn area. If there is no sidewalk, then these trees shall be planted 11 feet inside the right-of-way line on the residence side or as otherwise designated by the Planning Board.
B. Replanting or relocation of shade trees from these designated locations to other areas in the front yard or to the side or rear yard is not permitted. However, a homeowner may, by filling out a form, designate his unwillingness to accept the developer's shade trees; in such event, the homeowner shall undertake to plant ample landscaping equivalent or better than the shade trees. The trees which were to be planted on the lot shall then be planted elsewhere in the development in areas approved by the Township Shade Tree Commission, the Planning Board, the Township Engineer or their designated representative.
C. All shade trees shall have a minimum caliper of two inches, measured one foot above the ground line, and be in the height range of 10 feet to 14 feet after planting. The trees shall be of a variety approved, in writing, by the Marlboro Township Shade Tree Commission, the Planning Board or by the Marlboro Township Engineer and shall be planted in a manner which will give that particular variety of tree the best chances of survival.
(1) All trees shall be replanted in spring and/or early summer and later inspected by a landscape architect to ensure that the trees are adopted properly to the location. [Added 7-20-1989 by Ord. No. 28-89]
D. The following trees are specifically recommended: [Amended 7-20-1989 by Ord. No. 28-89]
(1) Hardwood: red maple, sugar maple, Norway maple, honey locust and American beech.
(2) Evergreen: Norway spruce, white pine, eastern red cedar and Canadian hemlock.
E. The following trees are specifically prohibited: poplar, sweetgum, silver maple, sassafras, tulip tree, all types of willow and all evergreens.
F. Removing existing trees from the lot or filling soil around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots.
G. Special attention shall be directed toward the preservation of major trees by professional means. Proof of tree variety shall be provided by the developer before the performance guaranty is released.
Sidewalks shall be constructed of portland cement concrete. The concrete shall be in accordance with § 220-146C and have a minimum compressive strength of 3,000 pounds per square inch after 28 days. Sidewalks shall be not less than four feet wide and not less than four inches in thickness except between driveways and aprons, where they shall be not less than six inches in thickness throughout. A preformed bituminous expansion joint filler 1/2 inch in thickness, conforming to New Jersey Department of Transportation standards, shall be installed not further apart than every 30 feet. The finish shall be a float finish with the edges finished with a suitable finishing tool. All sidewalks shall provide for disabled access ramps at least at all corners.
[Amended 2-22-1990 by Ord. No. 6-90; 5-23-1991 by Ord. No. 11-91]
A. In any district on a corner lot, sight triangles shall be required, in addition to the right-of-way width, in which no grading, planting, fence or structure shall be erected or maintained more than three feet above the street center line. No driveway, designed for the purpose of parking motor vehicles thereon, shall be constructed or maintained within said sight triangle. The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines the following distance away from the intersecting center lines: primary and secondary arterial streets, at 300 feet; major and minor collector streets, at 200 feet; and local streets, at 90 feet. Where the intersecting streets are both arterial, both collector or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 90 feet on the intersecting streets. On all lots, no planting, grading or structure higher than three feet above the street center line shall be located within the street right-of-way between the edge of the paved cartway and the street right-of-way. [Amended 4-22-1993 by Ord. No. 19-93]
B. Any exit driveway shall be so designed in profile and grading and shall be so located as to permit the following minimum sight distance shown below measured in each direction along the road; the measurement shall be taken from a point on the center line of the driveway 15 feet behind the edge of the pavement and three and 3.5 feet above grade to a point four feet above the center line of the roadway. The sight distances required for left-turning vehicles into an entrance drive are also as indicated below. This distance is measured from a point 50 feet prior to the point where a vehicle would stop to make the left turn into the driveway and three and 3.5 feet above the center line of the road to a point four feet above the center line of the road.
No billboards or other structures for advertising or display purposes shall be hereinafter erected in any zone except as specifically allowed in this chapter. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs or places of business. No signs of any type shall be permitted to be flashing or designed to utilize wind, mechanical and/or other means to produce motion or the illusion of motion; however, this provision shall not prohibit signs suspended from their top which may move in the wind so long as the basic design intent was not to utilize such motion. Signs shall be directly related to the business being conducted on the premises.
A. Animated, flashing and illusionary signs. Signs using mechanical, electrical and/or other means or devices to display flashing, movement or the illusion of movement are prohibited.
B. Height. No freestanding or attached sign shall exceed the maximum height provided in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter nor be higher at any point than the roof of the building if it is attached to a building.
C. Illuminated signs, where permitted, shall be so arranged as to reflect the light and glare away from adjoining premises in any residential zoning district and away from adjoining highways. Illuminated signs shall comply with the Electrical Code currently in effect in the Township. Neon lighted signs are prohibited. All exterior lighted signs shall be lighted from the bottom, with said lights a maximum distance of six feet from the sign and of such design as to minimize sky glare.
D. Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
E. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from the street curbline. Such signs shall not exceed nine square feet on each side and shall not be more than five feet high when freestanding and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised. Such signs do not need a building permit or site plan approval.
F. Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said areas shall not include any supporting framework and bracing incidental to the display itself. Freestanding signs may carry advertising or displays on a maximum of two sides.
G. Farm signs identifying the name of the farm shall not exceed 12 square feet on each side and shall not exceed eight feet in height and shall be located no closer to the street than the future street right-of-way line.
A. No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like any neighboring building then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than one of the following respects:
(1) Design of style of roof.
(2) Length of the front elevation measured between the ends of the building or structure at the first floor elevation.
(3) Relative location of windows in the front elevation with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(4) Relative location of garage, if attached, porch, if any, and the remainder of the building or structure in the front elevation, with respect to each other.
(5) Type or kind of materials used in the outside wall construction in the front elevation.
B. Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.
A. Any land disturbance of 5,000 square feet or more of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit shall obtain site plan approval except for cases covered in § 220-13B of this chapter.
B. All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
C. Regulation. No major site plan or major subdivision shall be granted preliminary approval until the soil erosion and sediment control plan has been approved. The applicant may submit the soil erosion and sedimentation control plan approved and certified by the Freehold Soil Conservation District and request that it be accepted in lieu of the requirements of this section, and the approving agency shall approve, partially approve or disapprove said request.
D. Data required.
(1) The applicant shall submit a soil erosion and sediment control plan which shall clearly establish the means for controlling soil erosion and sedimentation for each site or portion of a site, when developed in stages.
(2) The soil erosion and sediment control plan shall be reviewed as to completeness and effectiveness by the Municipal Engineer and approved by the approving authority. The applicant may consult with the County Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures. The applicant shall bear the final responsibility for the installation, construction and cost of all required soil erosion and sediment control measures required.
(3) The applicant shall submit to the approving authority a separate soil erosion and sediment control plan for each subdivision, site plan review, zoning variance or any application for construction for which the Standard Building Code of the State of New Jersey would require a building permit. Such plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-27, and shall contain:
(a) Location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics and a copy of the Soil Conservation District soil survey.
(b) Location and description of proposed changes to the site, including contours and spot elevations showing existing and postconstruction conditions.
(c) Measures for soil erosion and sediment control, which shall be equivalent to or exceed Standards for Soil Erosion and Sediment Control adopted by the New Jersey State Soil Conservation Committee June 14, 1972, and by the Freehold Soil Conservation District January 31, 1973, as amended. Such standards shall be on file at the office of the Administrative Officer.
(d) A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
(e) Description of means for maintenance of erosion and sediment control facilities during and after construction.
(4) All proposed revisions of data required shall be submitted for approval.
E. Review and approval. Erosion and sediment control plans shall be reviewed by the Municipal Engineer and the approving authority and approved as part of subdivision, site plan or variance approvals when in conformance with the Standards for Soil Erosion and Sediment Control. The Board may seek the assistance of the County Soil Conservation District in the review of such plans.
F. General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
(1) Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
(2) Whenever feasible, natural vegetation shall be retained and protected.
(3) The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(4) Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.
(5) Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.
(6) Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
(8) Diversion, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance and plans and schedules for their ultimate disposition shall be provided.
G. Maintenance. All necessary erosion and sediment control measures installed under this section shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Municipal Engineer or other agency granting certification, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.
H. Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:
(1) Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two or more such single-family dwelling units.
(2) Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.
(3) Percolation tests and/or soil borings.
