A. It is the purpose of these regulations that construction of steep slopes which results in erosion, drainage, access, and traffic problems shall be avoided, wherever possible.

B. However, certain building designs and types on steep slopes shall be permitted, subject to submission of detailed plans and approval by the Municipal Agency.

C. For the purpose of this section, construction shall be defined as any disturbance of land including, but not limited to, buildings, streets, paving, grading, excavation, fill, swimming pools, parking areas, and stripping of vegetation. The following shall not be considered construction: selective thinning of vegetation approved by the Planning or Zoning Board, sidewalks and pedestrian walkways, and subsurface utility and drainage utilities.

D. Within any development or tract, construction on steep slopes of ten (10%) percent or more shall be restricted as contained herein.

1. Slopes of ten (10%) percent, but less than fifteen (15%) percent: a maximum of thirty (30%) percent of the total area in this slope category may be used for construction purposes.

2. Slopes of fifteen (15%) percent or more: disturbance of these slopes shall only be permitted where the applicant demonstrates that each disturbance is essential to a reasonable use of property.

A. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the "Standards for Soil Erosion and Sediment Control in New Jersey," set forth in "The Soil Erosion and Sediment Control Act Chapter 251, Laws of 1975" as amended and supplemented, or upon adoption of a soil erosion and sediment control ordinance by the municipality.

B. All developments may be required to submit an erosion and sediment control plan and a sequence of installation or application of planned erosion and sediment control measures as related to the progress of the development, as part of the preliminary plat or site plan which shall be subject to approval by the Planning Board Engineer.

C. A soil erosion and sediment control permit shall be required prior to the issuance of any building permit and as a condition of preliminary and final site plan or subdivision approval.

A. Solid wastes from all uses other than single or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area.

B. The screened refuse area shall not be located within any front yard area.

C. The refuse storage area shall be surrounded on three (3) sides by a solid uniform fence or wall not less than five (5') feet nor more than eight (8') feet in height. Such fence shall be exempt from the provisions of any Ordinance of the Township regulating the height of fences and requiring permits therefor.

D. A five (5') foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Municipal Agency approval.

E. The opening in the enclosed refuse area should be provided a solid gate not less than five (5') feet in height to permit access to the refuse enclosure and screening from adjoining properties and public streets.

F. If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing.

G. The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

H. All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.

I. If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Municipal Agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.

J. Materials Designated for Recycling shall be Separated from Other Solid Waste Materials.

1. For each application for twenty-five (25) or more single family dwelling units, the application shall provide a storage area of twelve (12) square feet within each dwelling unit to accommodate a four (4) week accumulation of designated recyclable materials (including, but not limited to aluminum and tin or bimetal cans, glass bottles and jars, and newspapers). The storage area may be located in a laundry room, garage, basement, or kitchen.

2. There shall be included in any new multifamily housing development that requires subdivision or site plan approval 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 Township's Recycling Coordinator and shall be consistent with the Monmouth County Solid Waste Management Plan, and the Township Master Plan.

a. 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.

b. The recycling area shall be well lit, 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.

c. 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.

d. 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.

e. Landscaping and fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

3. For each application for twenty-five (25) or more multifamily dwelling units, the application shall provide a storage area of three (3) square feet within each dwelling unit to accommodate a one (1) week accumulation of designated recyclable materials (including, but not limited to aluminum and tin or bimetal cans, glass bottles and newspapers).

4. For each application for commercial or industrial development utilizing one thousand (1,000) or more square feet of land, the applicant shall provide the Municipal Agency with estimates of the amount of recyclable materials (including but not limited to aluminum and tin or bimetal cans, glass jars and bottles, newspapers, high grade office paper and corrugated cardboard) that will be generated each week. The Municipal Agency may require the applicant to provide metal receptacles for the storage of recyclable materials within the refuse storage area.

[Ord. No. 2005-2825]

A. Storm drains, culverts, catch basins, and other drainage structures shall be installed in each subdivision in accordance with the map submitted to the Municipal Agency.

1. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications.

2. The developer (or his engineer) shall submit complete calculations, specifications, plans, and details for all proposed storm drainage facilities.

3. Any field samples or laboratory tests required to document the conclusions of such calculations shall be formed at the sole expense of the developer.

B. All storm drainage pipes shall be either slip joint type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications.

1. All pipe shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed.

2. All pipe shall comply with the requirements of the current New Jersey State Department of Transportation specifications governing construction.

3. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.

a. No concrete pipe may be laid on grades exceeding eight (8%) percent.

b. Concrete pipe below thirty (30") inches (or equivalent) in size will be jointed using a mortared joint in accordance with the specifications.

c. Concrete storm drain pipes, thirty (30") inches or larger in diameter will be jointed using a preformed bituminous pressure type joint sealer or rubber-ring-type or other equivalent approved joint which will exclude infiltration.

4. All corrugated metal pipe shall be fully bituminous-coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service.

a. Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same is other wise permitted on the basis of an equivalent three-edge bearing or crushed strength.

b. Substitution on an equivalent gauge basis will not be allowed.

5. All storm drains shall be tangent between inlets, manholes, or other structures, except that the use of fittings or factory curved pipe may be allowed by the Township Engineer when necessary to accommodate existing geometry or utilities.

6. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Township Engineer.

a. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions.

b. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions.

c. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

C. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

1. All street inlets shall be New Jersey Department of Transportation Standard Type B. Casting heights on any streets shall be two (2") inches greater than the specified curb face and the gutter shall be properly transitioned approximately ten (10') feet on either side of the inlet.

2. All yard inlets shall be Standard Type A or E.

3. Combination drains shall be installed where the character, and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary.

a. These combination drains shall be constructed as follows: The bottom one-third (1/3) of the pipe shall be caulked with jute or equivalent material and the pipe shall be laid in a stone bed for a depth equal to one-half (1/2) the diameter of the pipe.

b. The trench shall then be filled in the same manner as described in subsection B.6. above.

4. In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred (600') feet.

5. Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

6. In general, surface flow length, for flows of four (4) or more cubic feet per second, on paved surfaces shall not exceed seven hundred fifty (750') feet, provided that:

a. Gutter flow widths on local and local collector streets shall not exceed eleven (11') feet, or such narrower width as may be necessary to provide a twelve (12') foot wide clear lane in the center of the roadway.

b. Gutter flow widths on minor collector streets shall not exceed nine (9') feet, or such narrower width as may be necessary to provide two (2) twelve (12') foot wide clear lanes in the center of the roadway.

c. Gutter flow widths on major collector streets without shoulders shall not exceed five (5') feet, or such narrower width as may be necessary to provide four (4) ten (10') foot wide clear lanes in the center of the roadway.

d. Gutter flow widths on minor and principal arterial streets and major collector streets with shoulders shall be retained within the shoulder areas.

e. Swale gutter flow widths in parking areas shall not exceed twelve (12') feet.

f. Gutter flow widths shall provide for the maintenance of two (2) ten (10') foot wide clear lanes in all access and major circulation drives and one (1) twelve (12') foot wide clear lane in all other aisles in all parking areas, except as otherwise provided in paragraph 10 below.

7. Maximum design capacities which may be used to determine actual inlet location spacing are:

a. Not in Sump Conditions.

Type B 4 cubic feet per second

Type E (in paved areas) 4 cubic feet per second

Type E (in yard areas) 1.5 cubic feet per second

b. In Sump Conditions.

To be individually designed.

8. Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

9. Generally, sufficient inlets will be placed to eliminate any flow exceeding two (2) cubic feet per second across any intersections.

10. Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six (6") inches at any point calculated for the appropriate design storm in accordance with Section 16-640.A. and shall meet the criteria set forth in Section 16-640.H.

D. Open channels shall be designed to contain the required flow and shall have a design velocity low enough in the judgment of the Township Engineer, to prevent erosion.

1. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five (25') feet rounded to the next highest five (5') foot increment.

a. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews.

b. The minimum distance between the channel top edge and any easement line shall be five (5') feet.

2. Excess velocity, if any, as determined by the Township Engineer, in open channels must be controlled by sod, riprap, paving, ditch checks, or other suitable methods.

3. Changes of direction in open channels must have a maximum radius of eight hundred (800') feet or be adequately paved or riprapped.

4. Generally, unlined open channel cross-sections shall have side slopes not steeper than four to one (4:1) for channel depths of two (2') feet or less and not steeper than eight to one (8:1) for channel depths of more than two (2') feet. Line open channel side slopes shall not be steeper than two to one (2:1).

5. The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.

6. All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

7. All unlined open channels which can be expected to have a base flow of five (5) cubic feet per second or more for at least two (2) out of every twelve (12) months will be provided with a low flow channel using gabions, rip-rap, lining, one-third (1/3) pipe sections, or other arrangements approved as part of the final plat submission.

E. Culverts or drains shall be constructed as specified herein.

1. The location, length, depth, grade, type, and size of pipe 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 determined by the Township Engineer.

2. Trenches shall be bridged at the 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 equipment constantly on hand for planking, sheet piling, fencing or shoring, and adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.

4. All trenches for culverts, drains or french drains shall be excavated at least nine (9") inches and not more than thirty (30") inches wider than external diameter of the pipe to be used therein.

5. When rock is encountered, it shall be removed to at least six (6") inches below the grade line, the trench then being filled with earth to the grade and form 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.

a. The bottom of the excavation shall have the shape and dimensions of the lower half of the pipe.

b. 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 and all joints shall be treated as determined by the Township Engineer.

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 pipe.

9. Where indicated or directed, old pipe or insufficient sized 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 a width sufficient to allow proper maintenance but in no case less than fifteen (15') feet, shall be provided for the outletting of all drains, pipelines, etc. to streams, existing storm drains, or other legal drainage courses. These easements shall be granted to the Township in writing, subject to the approval of the Township Attorney.

11. All nonpipe culverts shall be designed for AASHO H20-44 loading.

a. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment.

b. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

F. Headwalls shall be provided at all terminations. These shall be poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plan. Poured concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.

G. Retaining walls installed in slope control areas shall be constructed of heavy timber or logs, or reinforced concrete, other reinforced masonry or of other acceptable construction and adequately designed to carry all earth pressures including any surcharges. The heights of retaining walls should not exceed one-third (1/3) of the horizontal distance from the foundation wall of any building to the face of the retaining wall.

H. Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate.

1. The Municipal Agency may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing forty-eight (48") inches high if the banks of the channel are steeper than one (1') foot vertically for every four (4') feet horizontally and either the total depth of the channel exceeds four (4') feet or the channel would be expected to have a depth of flow greater than two (2') feet more often than once every ten (10) years.

2. For maintenance purposes, gates may be required by the Municipal Agency at approximately two hundred (200') foot intervals.

I. The developer shall take all necessary precautions to prevent any siltation of streams during the construction of the site.

1. If required by the Municipal Agency as a condition of approval or by the Planning Board Engineer during construction, the developer shall provide adequate provisions to prevent all deposits of silt or other eroding material in any stream or watercourse.

2. Such provisions may include, but not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.

3. The use of siltation and oil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.

J. All drainage arrangements (either piped or overland flow) for sites on County roads or State highways shall be approved by the County Engineer or the New Jersey Department of Transportation, respectively; in addition to being acceptable to the Municipal Agency.

K. Stormwater runoff restrictions in all proposed subdivisions and multifamily residential developments with an area of ten (10) acres or more, and all business, commercial and industrial development comprising a site or tract area of five (5) acres or more, the maximum design limit for stormwater runoff shall be one hundred fifteen (115%) percent of the runoff generated by the site in its natural conditions, unless downstream facilities have been determined to be fully adequate.

1. All runoff calculations shall be based on the Rational Formula or the New Jersey Department of Environmental Protection's design flood runoff index curves.

2. The design criteria for the use of these methods is contained in the "Master Drainage Plan for Middletown Township" T & M Associates, Middletown, New Jersey, seven (7) volumes as amended and supplemented.

3. In addition, any other method of calculation stormwater runoff that is subsequently adopted for use by the Division of Water Resources of the New Jersey Department of Environmental Protection shall also be acceptable.

L. Special Drainage Provisions.

1. The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the Board may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

2. Subject to review and approval by the Board, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the Board will use the following criteria:

a. The utilization of the natural drainage system to the fullest extent possible.

b. The maintenance of the natural drainage system as much as possible in its unimproved state.

c. When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.

d. The construction of flow retarding devices, detention areas and recharge berms to minimize runoff value increases.

e. Maintenance of the base flow in streams reservoirs and ponds.

f. The reinforcement, improvement, and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.

3. All developments or portions or total schemes of development which, based upon the preliminary plat submission, total ten (10) or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than one hundred fifteen (115%) percent of the runoff from the site in its undeveloped state.

The utilization of the provisions of this section to limit such runoff are encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible. The Board may waive the provisions of this section if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of drainage features or runoff limiting devices inadvisable or impractical.