§ 348-8.21. Private swimming pools.

A. Types of pools. [Amended 2-22-1995 by Ord. No. 3084-95]

(1) Private swimming pool: any structure which has the capacity to contain water over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing in connection with a single-family residential dwelling and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools as well as hot tubs and spas.

(2) Public swimming pool: any swimming pool, spa or hot tub which does not meet the definition of private swimming pool.

B. Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

C. Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

D. Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

E. Building permit. When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health of the Township of Dover as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building lot, the location of the residence, location of swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

F. Outdoor swimming pools shall be located behind the front building setback line and, with the exception of hot tubs and spas containing less than 501 gallons, at least eight feet from any building. Hot tubs and spas attached to pools must be at least eight feet from any building. Hot tubs and spas containing less than 501 gallons may be located not less than three feet from any building, property line, handrail, unenclosed porch and deck edge. [Amended 9-25-199] by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 7-8-1997 by Ord. No. 3270-97]

G. Pump location. The pump of a filtration or pumping station of a private swimming pool shall be located not less than 10 feet from any side or rear property line. [Amended 9-25-1991 by Ord. No. 2859-91]

H. Drainage. Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.

1. "'Enclosure. [Amended 9-2(-1978 by Ord. No. 1784; 9-25-1991 by Ord. No.

2859-91]

(1) Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two-inch square, and shall be capable of holding alive load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high, and, if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

(2) Permanent aboveground pools constructed with an attached fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart need no additional fencing.

(3) Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.

J. Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or padlock and chain and shall be kept locked, except when the pool is in use.

§ 348-8.22. Roadway construction.

A. General requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities, including service connections (terminating at least two feet behind sidewalk) to each lot, and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

B. Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible-pavement structure or a portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any development.

C. Pavement structure design.

(1) The pavement structure design for each particular development utilizing either a flexible- or rigid-pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer.

(2) As minimum requirements, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6 inches for local, local collector and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets, having a minimum wearing surface of not less than 1 inches of pavement, Type FABC-I, a minimum bituminous stabilized base course of not less than 2 inches and a dense graded aggregate base course to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the .remaining depth. Bituminous stabilized base may be substituted for aggregate base on a one to three ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications.

D. Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Township Engineer.

E. Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the sub grade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, OF Type 2, Class A or B. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

F. Bituminous base courses.

(1) Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.

(2) Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

G. Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course, Type FABC-1, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Township Engineer. If the Township Engineer directs, a leveling course of FABC material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Township Engineer.

H. Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such an alternate detail must be recommended by the Township Engineer and approved by the Planning Board. Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.

1. Alternate pavement types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Township Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event that the Township Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.

§ 348-8.23. Screening of equipment or machinery.

A. When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:

(1) Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season; and

(2) A solid and uniform fence at least five feet in height on four sides of said equipment; or

(3) A masonry wall at least five feet in height on four sides of said equipment; or

(4) Extensions of parapet walls or mansard rooflines or structural or ornamental screens or baffles; or

(5) Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

B. The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

§ 348-8.24. Sewage disposal.

A. The design and construction or approval of all public systems for extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Dover Sewerage Authority.

B. Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Dover Sewerage Authority and filed with the Planning Board, or the final approval will be conditioned upon full approval of the Dover Sewerage Authority.

C. In the event that the Dover Sewerage Authority determines that the lots in any major subdivision cannot be served at the time of application by a public sewage disposal system, septic systems may be installed, provided that:

(1) The requirements of state statute, including the New Jersey Realty Improvements Act, are met.

(2) They are installed in accordance with the regulations of the Dover Township Board of Health.

(3) The minimum lot size shall not be less than 30,000 square feet. However, the Board of Health may require a larger lot size if it deems such increased lot size is necessary for such purposes. The planning Board shall abide by the decisions of the Board of Health in this matter.

(4) If any existing land drainage structures, such as french drains, are encountered during the course of construction of any development, no septic system or any part thereof shall be installed on any lot within 400 feet thereof without the prior approval of the Dover Township Board of Health. Such approval shall only be ga anted if new percolation tests, taken at least two months after such drainage structures are removed, show that satisfactory soil conditions exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of the Township residents or cause pollution of any of its waters.

(5) The developer conforms to all conditions set forth in the report of the Dover Sewerage Authority which originally provided that public sewage was not available.

§ 348-8.25. Sidewalks and aprons.

A. General requirements.

(1) Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all cuts-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

(2) The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

B. Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

C. Sidewalk construction.

(1) Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight feet). All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

(2) The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212) or an equivalent approved by the Township Engineer.

D. Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric (66-1212) or an equivalent approved by the Township Engineer, located at the midpoint or one-third points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.

E. Driveway depressions. At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.



F. Alternate sidewalk or apron types and/or locations.

(1) In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.

(2) Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Township Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event the Township Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the Planning Board.

G.Sidewalks and curbing; Pedestrian Safety Fund. [Added 7-19-2(105 by Ord. No. 3958-05]

(1) Sidewalk and curbing requirements. Notwithstanding any provision to the contrary in Chapter 348, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Dover Township Planning Board or Dover Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of § 348-8.11 of Chapter 348 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of this section.

(2) Payment in lieu of sidewalk and curbing.

(a) Any developer seeking minor subdivision, major subdivision, minor site plan and/or major site plan approval may request a waiver of the requirement to install curbing and sidewalks along all street frontages of the subject property by agreeing to pay a sum to the Dover Township Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.

(b) In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:

[1] The presence or absence of curbing and sidewalks in the general vicinity of the subject property.



[2] The practical difficulty as established by the applicant of installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns and/or the deleterious impact to surrounding properties as a result of the installation of such improvements.

[3] The recommendation of the Board or Township Engineer.

(3) Dover Township Pedestrian Safety Fund.

(a) There is' hereby established the Dover Township Pedestrian Safety Fund (hereinafter "fund").

(b) Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within Dover Township.

(c) All monies paid by developers in accordance with this section shall be deposited into said fund.

(d) The Chief Financial Officer of the Township is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Township Engineer for designated pedestrian safety improvements.

§ 348-8.26. Signs.

A. Permitted signs and specific requirements. Signs are permitted to be erected and maintained by each establishment in the Township only under the controls and limits set forth in this section. The controls contained in this section are designed to apply to signs which are so located as to be seen from the right-of-way of a street or highway or any vehicular circulation area. The regulations contained herein do not apply to any street which is visible only from the premises owned or occupied by the owner of the sign. In general, subject to specific regulations contained herein, each establishment may display one ground sign and as many other signs as desired so long as the number of items of information displayed does not exceed the numbers of items allowed. [Amended 9-25-1991 by Ord. No. 2859-91]

(1) Items of information.

(a) Each establishment is entitled to display signs containing up to a total of seven items of information on each street or parking lot on which it has either access or frontage. The name of the establishment or proprietor shall count as one item of information so long as it does not exceed seven items. If it does exceed seven items, each additional item shall be counted against the permitted total of seven.

(b) Actual time and current temperature information are not included in the count of items of information. When the display is intermittent, the highest total count of items of information readable at any one time is used. Names of current attractions or up to four current performers displayed on theaters containing at least 200 permanent seats shall not count as items of information.

(2) Tables of basic design elements. Four tables of basic design elements for signs (Figure No. 8) are hereby made a part of this section. Each table shall apply to a specified portion of the Township as set forth in the table. General regulations shall apply except where specific regulations are provided.

Figure 8 Tables of Basic Design Elements

(All numbers given are maximum allowed)

Table 1: New Jersey Route No. 37 from Garden State Parkway to eastern terminus, both sides, and that portion of the balance of New Jersey Route No. 37 which is zoned other than residential.

Table 2: New Jersey Route No. 35 Northbound for its entire length, both sides, and those portions of New Jersey Route No. 35 Southbound and Bay Boulevard zoned other than residential.

Table 3: Toms River Village encompassing all frontages on the described portions of the following streets: all of Irons Street; Snyder Street from Irons Street to Mairi Street; Main Street from its southern terminus to Highland Parkway; Hyers Street from Washington Street to School Street; all of Robbins Street; Robbins Parkway and Allen Street; Hooper Avenue from Water Street to Sheriff Street; Water Street from Irons Street to Dock Street; Washington Street from Main Street to Lexington Avenue; all of Dock Street and Horner Street and Serpentine Road.

Special Regulations for the Tons River Village Area

1. Window signs are allowed hot shall not exceed 10 square feet per window.

2. The only neon signs which are allowed arc those which do not exceed three square feet in area and which are located inside a window.

3. The colors used for any one sign shall be white and two additional colors. For this purpose black is considered a color.

4. Indirect lighting of signs is pennitted but there shall be no direct lighting and no back-lighted plastic or translucent signs.

5. Projecting signs which are located under a permanent awning or canopy extending over the sidewalk shall clear the sidewalk by at least eight feet and may extend (rain the building front to the outer edge of the awning or canopy less one than one foot at either end.

6. Each business shall be entitled to one projecting sign, but no projecting sign shall be closer than 15 feet in an existing projecting sign. nor shall it he larger than four square feet.

7. No ground sign shall be erected except behind or within the property line.

8. Lettering style shall be limited to serif style. "Souvenir Bold," "Caslon." "Korinna" " or nonserif "Copperplate." "Helvitica" or other style approved by the Dover Township Planning Board or the Special Review Board created for the Tonts River Village area.

9. Banners. sidewalk showcases and snipe signs or kiosks arc pennitted if approved under No. 10 below.

10. Details for any proposed new sign shall be submitted to the Dover Township Planning Board or. if created. a special review board for the Village area for review and approval. These Boards shall have the power and the right to approve or disapprove proposals not specifically covered by this chapter. including the configuration and decoration of street irradiate, kiosks. directories, other such signs and displays which consist of statuary or other objets d'arts. They tray also allow a reduction in the required distance between signs and may relax limitations on the number of colors permitted or the angle of a projecting sign to the building for good cause shown.