2. Number of Driveways. The number of driveways provided from a site directly to any one municipal street shall be recommended as follows:

To be specified by the Township of Middletown by Planning Board upon receipt of advice of the Township Engineer.

D. No driveway to or from a parking area shall be located closer than one hundred (100') feet from the nearest right-of-way line of an intersection collector or arterial street. However, any major use such as shopping center or industrial use, which in the opinion of the Municipal Agency will generate large traffic volumes, shall not be located closer than two hundred (200') feet from the nearest right-of-way line of an intersection of a collector or arterial street.

E. No part of any driveway may be located within five (5') feet of a side property line for single and/or two-family dwellings and within twenty (20') feet of a side property line for all other uses, however, upon application to the Municipal Agency and approval of the design by the Board Engineer, the Municipal Agency may permit a driveway serving two (2) or more adjacent sites to be located on or within ten (10') feet of a side property line between the adjacent sites.

F. Driveway Angle, One-Way Operation. Driveways used by vehicles in one-way direction of travel (right turn only) shall not form in angles smaller than forty-five (45) degrees with the public street, unless acceleration and deceleration lanes are provided.

G. Driveway Angle, Two-Way Operation. Driveways used for two-way operation will intersect the public street at any angle as near ninety (90) degrees as site conditions will permit and in no case shall it be less than sixty (60) degrees.

H. Parking areas for twenty-five (25) or more cars and access drives for all parking areas on arterial highways provide curbed return radii of not less than fifteen (15') feet for all right turn movements and left turn access from one-way streets and concrete aprons on entrance and exit drives.

I. Parking areas for less than twenty-five (25) cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

J. Access drives for single and two-family dwellings shall utilize concrete aprons without curb returns regardless of size or location.

1. Such drives shall have a minimum width of ten (10') feet and a maximum width of twelve (12') feet when they provide access to a one-car garage (or when there is no garage).

2. Or, a maximum width of twenty-four (24') feet when they provide access to a two-car (or larger) garage.

3. All such drives shall be paved with bituminous concrete.

K. Maximum curb depression width for single and two-family dwellings shall be the driveway width plus four (4') feet, but not more than twenty-five (25') feet.

1. For all other uses shall be the driveway width plus ten (10') feet, but not more than thirty-five (35') feet.

2. All concrete should be constructed as provided by the appropriate section of this Chapter.

L. Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, acceleration and/or deceleration lane may be required in accordance with (Policy of Geometric Design of Rural Highways) 1965 American Association of State Highway Officials.

M. The number of driveways, in such locations and of such widths, as shall be certified by the engineering official having jurisdiction over road design to be necessary and proper in order to achieve compatibility with the road design in view of the site conditions, shall be permitted and shall be deemed to constitute compliance herewith.

N. If the road to which the driveways connect is a Township road, the certifying official shall be the Planning Board Engineer. If a County road, the certifying official shall be such County Engineer as may be in charge of road design. If a State road, the certifying official shall be such official of the State or of a division, bureau or other unit in charge of road design for that road.

O. Aisles from which cars directly enter or leave parking spaces shall not be less than:

1. Twenty-four (24') feet wide for perpendicular parking.

2. Twenty (20') feet wide for sixty (60) degree angle parking.

3. Eighteen (18') feet wide for thirty (30) degree angle parking.

4. Eighteen (18') feet wide for forty-five (45) degree angle parking.

5. Twenty-four (24') feet for all aisles allowing two-way traffic.

6. Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.

Driveway aprons shall be required between the curbing and the sidewalk. They shall be six (6") inches of concrete according to specifications required for curbing described in Section 16-611.D.4. above. When sidewalks are not required, there shall be constructed on each building lot, a bituminous concrete apron ten (10') feet wide between the curb and the right-of-way line which shall be two (2") inches thick of bituminous concrete type FABC and built over a quarry blend stone base four (4") inches thick.

A. Drainage Easements.

1. If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream, or swale, the Municipal Agency may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer, conforming substantially with the lines of such facility.

2. If existing land drainage structures such as French drains are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross-sections thereof shall be filed with the Township Engineer for consideration by the Municipal Agency. The Municipal Agency, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirely, or recommend such other action to the governing body as it deems appropriate.

3. All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

4. The land which is the subject of an easement or right-of-way shall in the case of storm drains or constructed channels be of a suitable width meeting the requirements for design of drainage facilities, or be a strip which conforms substantially to the flood plain of any watercourse along both sides of the watercourse to a width of thirty-five (35') feet in each direction from the centerline of the watercourse, whichever is the greater; except, however, that if the location of such watercourse, is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

5. Said easement and right-of-way shall include provisions assuring the following:

a. Preservation of the channel of the watercourse.

b. Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.

c. Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.

d. Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

B. Conservation Easement. Purpose. It shall be the purpose of conservation easements, to protect and preserve and where necessary restore environmentally sensitive lands and natural features from destructive uses. The purpose of these regulations is to establish parameters and guidelines for the establishment of conservation easements and to specify permitted and prohibited activities within these areas. No use which results in substantial disturbance of any conservation easement shall be permitted.

1. Conservation easements should be required on any property containing environmentally sensitive areas. The conservation easements should protect the following environmental conditions:

a. Stormwater drainage rights-of-ways.

b. Buffers or transition areas along ponds, rivers, marshes, swamps, streams, brooks and creeks.

c. Protection of sloped areas in excess of fifteen (15%) percent.

d. Areas to protect habitat for fish and wildlife.

e. Areas necessary to prevent siltation and pollution of streams or similar watercourses and their adjacent lands.

2. Conservation easements shall include the environmentally sensitive area plus a minimum of twenty-five (25') feet from the boundary of the environmentally sensitive area. Environmentally sensitive areas as noted in paragraph 1 above shall be defined by land survey, drainage maps, wetlands maps, slope maps and natural areas containing flora or fauna requiring protection.

3. Conservation easements shall prohibit or limit any or all the following activities; except as otherwise provided herein.

a. Construction of or placing of buildings, roads, signs, billboards, or other structures on or above the ground.

b. Dumping or placing of soil or other substances or materials as landfill, or dumping or placing of trash, waste or unsightly or offensive materials.

c. Removal or destruction of trees, shrubs or other vegetation.

d. Excavating, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance.

e. Surface use except for purposes permitting the land or water area to remain predominately in its natural condition.

f. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation.

g. Installation of fences shall be prohibited in any conservation easement. This requirement may be waived by the appropriate approving authority when determined to be necessary in the interest of safety. However, fences permitted by the approving authority shall be open fences and in no case higher than four (4') feet. The approving authority shall seek comments from the Environmental Commission prior to taking action on any request to place a fence within a conservation easement. Where the request is for a property which was not part of any prior approval, the Planning Board shall be the appropriate approving authority.

4. The following activities shall be permitted within any conservation easement:

a. Periodic selective thinning of dead or diseased small trees, scrub growth and brush in order to maintain pedestrian access and/or overall vegetative health in and throughout the conservation easement area.

b. Establishment of a pond, subject to approval of the Construction Official. In granting approval for a pond, the Construction Official shall seek the advice of the Township Engineer and Environmental Commission in order to determine that such activity will be environmentally sound and that drainage conditions on adjacent land will not be negatively impacted.

c. Other activities permitted by a validated NJDEP&E Individual Freshwater Wetlands, Statewide General Freshwater Wetlands or Stream Encroachment Permit.

d. Other activities as specified in Section 16-624 of this title.

5. The easement shall be indicated on the Final Subdivision Map and shall be marked by a visible border that is acceptable to the Board. Such borders may consist of fences, specific types of vegetation, posts or other visual markers.

6. When a conservation easement is the result of a subdivision, the owner and/or developer will advise the prospective purchaser of the location and significance of the easement.

7. Maintenance of the conservation easement shall be the obligation of the property owner.

8. Any person or persons who violate any of the provisions shall be subject to penalties as specified in Section 16-309, Violations and Penalties, of the Code of the Township of Middletown. In addition, where a violation has resulted in the destruction of environmentally sensitive features due clearing of vegetation, soil removal, slope destabilization or placement of fill, the violator shall be required to restore the area in a manner satisfactory to the Construction Official. In determining whether or not the restoration proposed is adequate and reasonable, the Construction Official shall seek the advice and opinion of the Environmental Commission and the Township Engineer.

C. Sight Triangle Easements.

1. In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections.

2. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding thirty (30") inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight.

3. Such easements shall include the area of each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line fifty (50') feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):

a. On local streets - fifty (50') feet.

b. On collector streets - one hundred (100') feet.

c. On arterial streets - two hundred (200') feet.

4. Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Monmouth, the sight triangle easements required by the State or the County of Monmouth may be substituted in lieu of the requirements above.

A. An Environmental Impact Report shall accompany all applications for preliminary major subdivision and preliminary site plan approval for all projects which exceed ten (10) acres in size or those projects deemed to be environmentally sensitive by the Municipal Agency. Such report shall provide the information needed to evaluate the effects of the project for which approval is sought upon the environment and shall include data as follows:

1. A project description which shall specify what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.

2. An inventory of existing environmental conditions at the project site and in surrounding region which shall describe air quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archaeology.

a. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey.

b. Soils shall be described with reference to criteria contained in the Freehold Area Soil Conservation District Standards and Specifications.

3. An assessment of the probable impact of the project upon all topics set forth in paragraph 2. above.

4. A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.

5. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, such description to be accompanied by necessary maps and schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.

6. A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.

7. A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative.

B. When required, fifteen (15) copies of the Environmental Impact Report shall be submitted to the Municipal Agency.

C. The Municipal Agency shall either approve or disapprove the Environmental Impact Report as part of its underlying function with respect to site plan review. In reaching a decision, the Municipal Agency shall take into consideration the effect of the applicant's proposed project upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.

1. Upon approval by the Municipal Agency, the Environmental Impact Report shall be marked or stamped "Approved" by the Secretary of the Municipal Agency and shall be designated as the "Final Environmental Impact Report."

D. Notwithstanding the foregoing, the Municipal Agency may, at the request of an applicant, waive the requirement for an Environmental Impact Report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirements may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

E. The approving authority may require a focused EIR on any site project addressing specified issues related to the property or vicinity in question. Such an EIR will not be required to address issues which will not be impacted by the proposed project.

F. An Environmental Impact Report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law or by superseding County, State, or Federal law.

G. Submission of an Environmental Impact Statement or Assessment consistent with the requirements of N.J.S.A. 13:19-1 et seq. and N.J.A.C. 7:7D-1.0 et seq., The Coastal Area Development Review Act (CADRA), and the rules and regulations promulgated pursuant thereto, will be conclusively deemed to meet the requirements of this section.

[Ord. No. 2002-2667; Ord. No. 2010-3002 § 3; Ord. No. 2013-3089]

A. Fences, hereafter erected, altered or reconstructed in all residential zones in the Township shall not exceed six (6') feet in height above ground level, and fences erected, altered or reconstructed in all nonresidential zones in the Township shall not exceed eight (8') feet in height above-ground level, except as follows:

1. Fences, which are not open fences as defined in this Chapter, located in a required front, street side or street rear yard, shall not exceed thirty-six (36") inches in height.

2. In any business or industrial zone, open wire fences not exceeding eight (8') feet in height may be erected in the rear or side yard areas and behind the required front street side or street rear yard setback line.

3. On park, recreation or school properties, open wire fences not exceeding eight (8') feet in height may be erected in the rear or side yard areas and behind the building setback line.

4. Fences specifically required by other provisions of this Chapter and other municipal and State regulations.

B. All fences shall be set back a minimum of three (3') feet from the top of a structural retaining wall. Any fence proximate to or associated with a structural retaining wall shall be set back at least fifteen (15') feet from a property line.

C. Barbed wire, razor wire, canvas or cloth fence and fencing construction are prohibited in all zones in the Township. The ban on barbed wire shall not apply to fencing located on and necessary to the operation of a farm or to barbed wire strands placed atop security fencing six (6') feet high or more around a conforming commercial or industrial use, provided that the fencing conforms to all other standards and that no barbed wire fencing be permitted in the front yard of the nonfarm uses.

D. All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

E. All fences must also comply with the provisions of Chapter 8 of the Code of the Township of Middletown except where in conflict with the technical provisions of this section.

F. Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.

G. Fences which are painted shall be painted in only one (1) color, harmonious with the surrounding area. Multicolored fences are prohibited.

H. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

1. In the M-C Marine Commercial Zone, open fences of a height of twelve (12') feet or less are permitted within the front setback. Such fences shall be used for recreational purposes only and shall be located no closer than ten (10') feet to the front lot line.

I. Structural Retaining Walls.

1. Structural retaining walls shall not exceed three (3') feet in height within a required setback area.

2. Staggered or tiered walls shall be considered single walls unless there is a minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier is not less than two (2) times the height of the lower section or tier. If there are more than three (3) single sections or tiers, the minimum distance between the top of the third tier and the base (toe) of the next higher section or tier shall be not less than two and one-half (2 1/2) times the height of the lower section or tier.

3. In no case may a single section of a tiered wall exceed three (3') feet in height within a required setback area.

4. The base of a structural retaining wall shall be setback a minimum three (3') feet from a property line.

5. The structural design of all structural retaining walls shall be approved by the Township Engineer.

6. General construction details of the proposed walls must be provided as part of Preliminary Major Subdivision or Site Plan applications. The final design of the construction details of the proposed walls must be provided as part of Final Major Subdivision or Site Plan applications.

J. No fence or wall shall be erected so as to encroach upon a public right-of-way.