All developments, upon municipal approval of plans and prior to the issuance of a building permit, shall obtain a street excavation permit for any excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way, and be required to observe all other regulations as set forth in the Street Excavation Ordinance (Chapter 25) as amended and supplemented.

A. For all major subdivisions and multifamily developments which require site plan approval, the developer shall arrange with the serving public utility to provide street lighting service upon the appropriate tariff and prevailing government rules and regulations. The street lighting shall be installed at the average pole spacing of one hundred fifty (150') feet on centers for post-top luminaries at an approximate mounting height of thirteen (13') feet or two hundred (200') feet on centers for standard street lighting luminaries on a six (6') foot bracket at an approximate mounting height of twenty-five (25') feet. The Planning Board may alter the street lighting requirements as it deems appropriate due to special circumstances including but not limited to intersections, curves, cul-de-sacs, and collector or arterial roadways.

B. The serving public utility shall install wiring in addition to that on the approved street lighting plan where said additional wiring is required to accommodate the full plan in accordance with the utility's filed tariff and approved procedure at the time.

C. The cost of this additional wiring shall be the responsibility of the subdivider.

D. Street lighting shall be installed, as directed by and subject to approval by the Planning Board prior to the Certificates of Occupancy being issued.

E. The cost of the additional wiring and electricity for street lighting for all streets within the development shall be paid for the owner or subdivider until streets are accepted by the Township, all Certificates of Occupancy have been issued, and the Township Committee has authorized the release of all performance bonds upon completion of all improvements for the development.

F. No major subdivision plat or major site plan for multi-family development shall receive final approval unless the suggested street lighting plan of the electric utility is shown thereon. All street lighting, including that within internal roads in private developments, shall adhere to the standards of the serving public utility.

G. After final acceptance, operation and maintenance costs of the street lighting shall be the responsibility of the Township.

A. Street signs shall be appropriate metal street signs of a type and size approved by resolution of the Township Committee and shall be properly installed at each street intersection.

B. Street signs shall be placed two (2) per intersection on the near right hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection at locations approved by the Township Engineer.

C. Mountings shall be in accordance with the standard procedures of the Township, or with requirements adopted by the Township Committee.

D. Street signs shall be placed before any Certificate of Occupancy for houses on the subject street are issued.

A. Street trees shall be required along all new streets within subdivisions and site plans. Where subdivisions, site plans or construction of a new residence abuts one (1) or more existing streets, the planting of street trees shall be required. However, street trees shall not be required for subdivisions where no new lots are created or for enlargements or alterations to existing residences.

1. In each subdivision of land, the developer shall plant between the sidewalk and right-of-way line proper shade and/or decorative trees of a type approved by the Municipal Agency in consultation with the Shade Tree Advisory Committee.

2. Planting sites shall be indicated on the final plat.

B. Street trees shall be planted on the property owner's side of the sidewalk, not to lie closer than five (5') feet to existing or future sidewalks.

1. Said trees shall be planted either within the Municipal right-of-way or on a private lot in a place which shall not interfere with utilities based upon the determinations of the approving authority.

2. Trees shall be of pollution resistant varieties as defined below.

3. The Municipal Agency, after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas where suitable street trees exist, in areas unsuitable for plantings or because of other exceptional conditions, and/or may require supplementary plantings. In cases where a waiver is granted and there are no existing trees, the Municipal Agency may require that the developer make a donation to the Shade Tree Fund in lieu of those plantings which are waived. The payment per planting shall represent the typical cost of said planting and shall be established by the Township Committee in consultation with the Shade Tree Advisory Committee. The payment shall be two hundred ten ($210.00) dollars per each street tree waived.

C. Subdivider or developer shall be required to plant such number of trees as shall be necessary, when taking into consideration existing trees, to provide at least one (1) tree in every thirty (30') feet of front yards, except that in the Rural Residential Zone street trees may be installed no less than forty-five (45') feet on-center at a minimum two and one-half (2.5") inch caliper provided that trees specified at Section 16-906.1.B.14 are utilized. [Ord. No. 2011-3046 § 2]

1. Pollution resistant shade trees shall be planted along all private streets, undedicated roads, drives and parking areas at intervals not more than thirty (30') feet of curbing or edge of pavement.

2. Pollution resistant shade trees shall be planted along the frontage of all existing and proposed public streets, at intervals of not more than thirty (30') feet in accordance with the applicable specifications.

3. No tree shall be planted less than twenty-five (25') feet from an existing or proposed street light or street intersection.

4. Such plantings shall not be required within sight easements as required elsewhere herein.

D. Pollution resistant trees referred to above shall be selected from amongst species determined by the Shade Tree Advisory Committee. Species may include those approved for this purpose by the Monmouth County Shade Tree Commission. Suitable trees shall be selected on the basis of specific site conditions.

E. All shade trees to be hereafter planted in accordance with this Chapter shall be nursery grown, or of substantially uniform size and shape and shall have straight trunks.

1. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this Chapter.

2. All trees shall be of "Grade A" nursery stock, with a minimum caliper of three (3") inches measured one (1') foot from the butt.

F. All trees planted in accordance with the provisions of this section shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of persons desires to plant a street tree or street trees within the municipal right-of-way, such person or persons may do so provided each tree, each tree well location, and the planting of each tree conforms to the provisions of this Chapter and provided that the person or persons has secured the permission of the Shade Tree Inspector.

G. All trees planted pursuant to this section shall be planted in a dormant state or at other times only subject to the approval of the Township Engineer's office in consultation with the Shade Tree Inspector.

H. Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Shade Tree Inspector. In a newly planted area, only one (1) type of tree may be used on a given street, unless otherwise specified.

I. Street trees shall be planted in accordance with the Standard Specification for Road and Bridge Construction of the New Jersey Department of Transportation, as amended.

[Ord. No. 98-2529]

A. Commercial and Public Pools.

1. All commercial and public swimming pools and all appurtenant buildings shall be considered principal structures and shall conform to all setback requirements for principal structures.

2. Pumping and filtration systems shall be completely screened from view and shall comply with all setback requirements for accessory structures.

3. All commercial or public swimming pools shall be entirely surrounded by a chain link fence which is not less than four (4') feet or greater than ten (10') feet in height. An alternative to chainlink may be permitted by the Construction Official if it is designed in a manner consistent with the intent and purpose of the Uniform Construction Code.

4. A gate not less than four (4') feet in height shall be provided. The gate shall be self-closing, open only outwardly and be equipped with a locking device or padlock which must be kept locked except when the pool is in use.

5. No portion of the fence or gate shall be closer than fifteen (15') feet to the edge of the swimming pool.

B. Private Swimming Pools.

1. Private swimming pools shall not be permitted within any required front, street side, or street rear yard setback of any lot.

2. The distance between swimming pool and property lines or main buildings shall be measured from the waters edge and shall comply with the following minimum standards:

3. No private swimming pool shall be located less than five (5') feet from any accessory structure.

4. No overhead electrical lines shall be permitted to extend across a private swimming pool.

5. Pool equipment such as pumps and filters shall be located not less than five (5') feet from any property line on any lot less than ten thousand (10,000) square feet and not less than ten (10') feet on any lot ten thousand (10,000) square feet or more. In no case shall pool equipment be located in a required front, street side or street rear yard setback.

6. Pool equipment must be screened so as to minimize visibility from public streets and adjacent properties. Screening shall consists of either a solid fence, landscaping, or other methods acceptable to the Township Construction Official.

7. Private swimming pools shall be enclosed by a non-climbable barrier at least four (4') feet in height in accordance with the BOCA National Building Code in effect at the time of application.

A. Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as amended and subsequently redistributed to areas most exposed to view by occupants and the public; and to areas where landscaped open space is required.

B. Topsoil moved during the course of construction shall be redistributed to provide at least six (6") inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

1. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this section of the Chapter will be considered as being complied with.

C. No topsoil shall be removed from the site or used as spoil unless topsoil is remaining after all improvements have been installed in accordance with an approved site plan or subdivision map and has been redistributed in accordance with this paragraph.

1. Removal from the site is also bound by provisions of Section 16-525 of this Chapter.

2. Topsoil removal shall be subject to the issuance of a development permit in accordance with the provisions of Article 4.

3. At least forty-eight (48) hours prior to removing any excess topsoil, the developer shall cause notice of the intent to perform such removal to be given to the Township Engineer and Construction Official.

D. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four (4") inch minimum thickness.

A. The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Township Committee, may pay to the Township Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the Township Engineer equal to the cost of all necessary traffic control devices not installed by the developer.

B. Traffic control devices shall include, but are not limited to, signs, traffic lines, lights, reflectors, and channelizing markers.

1. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of Municipal, County, and State regulations.

2. Proposed devices shall be according to an approved plan submitted at the time of final plat approval.

C. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Committee.

A. All utility lines and necessary appurtenances including, but not limited to, electric transmission and electric and gas distribution, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way in accordance with Figure No. 6 or in such other configuration as set forth by the approving body, Municipal Engineer, and utility companies where necessary and appropriately coordinated.

1. The installation of all underground utilities shall conform to the regulations of the New Jersey State Board of Public Utility Commissioners.

2. Installation of all utilities shall conform to the construction standards of the appropriate utility.

B. Utilities may be required to be located along the rear property lines or elsewhere with easements as provided in Section 16-614 of this Chapter.

1. All utility installation shall be connected with a public utility system and shall be adequate for all present and probable future development of the subdivision.

2. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than twenty-five (25') feet in width shall be provided and located in consultation with the utility companies and/or Township departments concerned.

C. For all major subdivisions, the developer shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Municipal Agency prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots in such subdivisions which abut existing streets or public rights-of-way where overhead utility distribution supply lines have theretofore been installed on a portion of the streets involved, may be supplied with service from such overhead lines, or extensions thereof but the service connections from the overhead lines shall be installed underground.

D. In any event, new building service connections for all multi-family developments, and for any industrial, commercial, or office development containing a floor area of ten thousand (10,000) square feet or more, shall be installed underground. All other new service connections shall also be installed underground unless specific waiver is granted by the Municipal Agency.

E. Where a State permit is required for utilities, the applicant shall submit said permit prior to any final approval or issuance of a building permit as determined by the Planning Board.

F. Meters may be mounted on exterior walls. All meters shall be screened so that they are not visible from any internal or public street and access satisfactory to the supplying utility is maintained.

FIGURE 6 STREET AND UTILITY LAYOUT FOR REDUCED PAVING WIDTH STREETS

A. Water mains in major subdivisions must be connected with a water supply from a public utility system approved by the New Jersey Board of Public Utilities Commissioners to provide an adequate service to lot owners of such subdivisions.

B. The design and construction approval of all public and individual water supply systems (or extensions of existing systems) shall be under the jurisdiction of the Middletown Township Department of Public Works or the Board of Health (and the State of New Jersey), respectively.

C. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate agency and filed with the Municipal Agency, or the final approval will be conditioned upon full approval from the appropriate agency.

A. In all districts in the Township where the maximum percent of lot coverage is fifteen (15%) percent or less, no more than twenty (20%) percent of such wooded areas within the net tract area may be cleared or developed. The remaining eighty (80%) percent shall be maintained as permanent open space or preserved within the lot.

B. In zone districts in the Township where the maximum percent of lot covered is greater than fifteen (15%) percent, no more than forty (40%) percent of such wooded areas within the net tract area may be cleared or developed. The remaining sixty (60%) percent shall be maintained as permanent open space or preserved within the lot.

C. Individual healthy specimen and mature shade trees of twelve (12") inch caliper or healthy specimen trees of eight (8") inch caliper or greater or individual healthy ornamental trees of four (4") inch caliper or greater, shall be preserved wherever possible. All site plans shall take into consideration the location and quality of all vegetation and shall incorporate the preservation of said trees in relationship to buildings, parking and open space.