On any corner lot, no fence or wall greater than eighteen inches (18") in height shall be located within the sight triangle easement, as stipulated in Section 503 C., with the exception of wire fences for agricultural purposes.

A dog run may have fencing a maximum of eight feet (8') in height provided such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings as stipulated in Section 501.

A private residential swimming pool area must be surrounded by a fence at least four feet (4'), but not more than six feet (6') in height. Swimming pool areas shall be located in rear and side yards only. See Section 515 for additional standards.

A tennis court area, located out of public view, may be surrounded by a fence a maximum of fifteen feet (15') in height; said fence to be set back from any lot line the distance required for accessory buildings as stipulated in Section 501.

Buffer areas shall meet the requirements specified in Section 804B20.

Off-street parking, loading and driveway access shall meet the requirements specified in Section 508.

Residential Lighting.

Non-residential Lighting.

General Guidelines.

There shall be a safe means of ingress and egress to the property. In order to provide a safe area for vehicles at the point of entrance to a public street or on-site parking area, such means of ingress and egress shall provide for an area not less than ten feet (10') by twenty feet (20') at either end of any accessway proposed such that the grade of such area does not exceed two percent (2%).

An area adequate to permit a standard automobile or other vehicle typically utilized by the operator of a permitted use on the property to turn around shall be provided.

No driveway shall cause drainage to be concentrated onto a public or private road.

Construction on any lot created subsequent to adoption of their provision by the Planning Board or Board of Adjustment shall not be permitted in the following areas:

In the specific case of lots having frontage on the circular portion of a cul-de-sac, the lot frontage requirement shall be construed to mean width at the building set-back line.

Lots shall conform to Section 604B5 when lot size averaging is proposed.

Whenever the owner of a lot existing at the time of adoption of this ordinance has dedicated or conveyed land to the Township in order to meet the minimum street width requirements of the Official Map or Master Plan of the Township, the Zoning Officer shall issue zoning and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Any lot already non-conforming shall not be made more non-conforming in any manner.

Any existing lot on which a single-family dwelling is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided all of the following conditions are met: 1) the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this ordinance for the lot in question; 2) the total permitted building coverage is not exceeded; 3) the accessory building and/or addition do not violate any other requirements of this ordinance such as, but not limited to, height, setback and parking; 4) if the dwelling violates the yard requirements, the addition is set back from the referenced street or boundary line at least as far as the existing dwelling.

Any existing lot of record in a residential zone which was conforming in lot area, frontage, width and depth to the zone regulations in effect just prior to the date of adoption of this ordinance may be used for one (1) single-family residence without requiring an appeal for variance relief, provided that the proposed residential use meets all coverage and setback requirements for the zone as set forth in this ordinance.

Any lot which is smaller than that required in the zone district in which it is located, as a result of a lot size averaging, shall not be considered non-conforming as long as it meets the requirements of Section 600 of this ordinance.

Any pre-existing non-conforming authorized use or structure existing at the time of the passage of this ordinance may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof provided no more than fifty percent (50%) of said structure is destroyed.

Repairs and maintenance work required to keep a structure in sound condition may be made to a non-conforming structure. However, no non-conforming structure containing a non-conforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief. No conforming structure containing a non-conforming use shall be enlarged, extended, constructed, reconstructed, or structurally altered in any manner except in conformity with the regulations of this ordinance for the district in which the structure is located.

A non-conforming use shall be considered to be abandoned, if there occurs a cessation of the previous use or activity on the part of the owner or tenant.

Any non-conforming building or use which has been changed to a conforming building or use shall not be changed back again to a non-conforming building or use.

A screen planting, berm, fence, wall or combination thereof, no less than six feet (6') in height, shall be provided between the off-street parking areas for more than ten (10) vehicles and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than one hundred fifty feet (150'). Fencing must be maintained in good condition and without advertising, with a maximum opening of 3/4 inch.

All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street or adjacent residential district(s) throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than eight feet (8') in height.

Each off-street parking area shall have a minimum area equivalent to one (1) parking space per every ten (10) spaces landscaped with approximately one-half said area having shrubs no higher than three feet (3') and the other half having trees with branches no lower than seven feet (7'). Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.

All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking provided:

All paved parking and loading areas and access drives excluding single-family residences shall be paved as outlined below unless otherwise specified by the appropriate municipal agency and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

All off-street parking lots accommodating ten (10) or more vehicles shall be provided with painted lines to indicate traffic flow and parking spaces.

Parking spaces shall be nine feet wide by eighteen feet long (9' x 18') unless the Board, for good reasons offered by the applicant, permits smaller spaces.

All off-street parking areas shall be provided with a means of curbing or the equivalent so that vehicles cannot drive onto required landscaped areas and so that each parking area has controlled entrances and exits.

Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.

The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

Aisles providing access to parking spaces shall be in accordance with the following minimum dimensions:

Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.

Prior to the pre-construction meeting preceding the commencement of construction, the developer shall furnish the Administrative Officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the Township; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the Township Attorney prior to the commencement of construction.

The developer shall provide the Township with four (4) copies of a final "as built" plan showing the installed location of the facilities.

Animated, Flashing and Illusionary Signs.

Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Location.

Signs and advertising structures, such a billboards, shall be set back from the established street right-of-way at least as far as required for principal uses in each zoning district as specified in Section 400. All signs shall be set back or elevated sufficiently to allow a clear unobstructed line of sight from points of ingress and egress for at least one thousand feet (1,000') along all abutting streets. No portion of any sign attached to a building shall project above the lowest point of the roof of the building.

Free-Standing Signs.

Free-standing signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a free-standing sign.

Illuminated Signs.

Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets and from adjoining premises in the residential districts. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.

Information and Direction Signs.

Street number designations, postal boxes, "private property", "no hunting", on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. No such signs shall exceed two (2) square feet in area, and such signs shall not require a zoning or construction permit.

Maintenance.

Signs and, in the case of permitted free-standing signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.

Non-Profit Organization Event Signs.

Temporary signs announcing an event sponsored by a non-profit organization shall not require construction permits.

Upon written application to the Zoning Officer by a Frelinghuysen Township based non-profit organization, the Zoning Officer shall issue permits, without fee, for the erection of up to three (3) temporary signs announcing an event sponsored by said non-profit organization, provided the following requirements and regulations are met:

Political Signs.

Political signs temporarily giving notice of political campaigns shall be located on private property and shall be set back at least ten feet (10') from all side property lines and shall not exceed two (2) square feet in area. Such signs may not be mounted on trees or utility poles. Signs shall be permitted within forty-five (45) days prior to any municipal, county, state or national election and shall be removed within five (5) days after the election. All such signs do not need either a zoning permit or construction permit.

Real Estate Signs.

One unlighted real estate sign temporarily advertising the sale, rental or lease of a building or lot or portion thereof shall be located on private property and, if not attached to the building, shall be set back from all street lines at least ten feet (10'). Signs shall not exceed three (3) square feet in area on individual residential lots and thirty-two (32) square feet in area within non-residential districts and within major residential subdivisions of four (4) or more lots where said signs are used to advertise the development and signify the location thereof. All such signs shall be removed at the expense of the advertiser within thirty (30) days after the termination or completion of the matter of business being advertised or, in the case of major residential subdivisions, when ninety-five percent (95%) of the lots have been initially sold. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing.

Sign Area.

The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

Signs With Two Exposures.

Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.

Wall Fascia or Attached Signs.

Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than twelve inches (12") horizontal distance from the building.

Window Signs.

Interior window signs shall not be considered in computing the allowable signs provided, however, that such interior signs shall not exceed fifty percent (50%) of the total area of the window in which the sign is placed. Interior window signs shall require a zoning permit but not a construction permit.

Flag of the United States of America.

The flag of the United States of America may be displayed in all zones and does not need a construction permit. The height of the flagpole shall not exceed thirty feet (30').

Portable Signs.

Portable signs shall be prohibited.

Farm Signs. Farm signs shall be permitted on all properties that qualify as a "farm," as defined at § LDO-200 hereof, provided that the following requirements and regulations are met:

Street name signs meeting Township specifications as to size, material and location shall be installed at the intersection of all streets and at such places on curvilinear streets as noted below:

Street signs shall be erected at all street intersections. Sign plates shall be at least four inches (4") high by whatever length is required for the street name. The color of the signs must be reflective green and white lettering and border. Signs shall conform to Section 2D-40 of the MUTCD. Sign plates shall be mounted properly and secured on posts at least two and one-half inches (2 1/2") in diameter and at least ten feet (10') long, or fastened on existing structures which happen to be at the location for a sign with the appropriate mounting.

Where traffic control signs are deemed necessary by the developer or the Planning Board Engineer for Township, County or State highways, the proper Township, County or State official shall be informed of the proposed installation in order that the proper agency may consider the necessity of the installation at its own expense.

All street name and traffic control signs shall be free of visual obstruction.

All developments shall be served by paved public streets in accordance with the approved subdivision and/or site plan and all such streets shall have an adequate crown. The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of such streets and conform with the topography as far as practicable.

When a new development adjoins land capable of being subdivided or developed, suitable provisions shall be made for future access to adjoining lands.

Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.

In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan or Official Map or the street width requirements of this ordinance, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Frelinghuysen Township." If the development is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.

In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street although a greater width may be required in accordance with the following schedule and, provided further, that an applicant may submit a traffic study substantiating a road width less than that indicated on the following schedule and the Board, at its discretion and in consideration of the anticipated traffic volumes, may grant permission to construct the road(s) with reduced right-of-way and/or cartway improvements.

Street intersections shall be as nearly at right angles as possible and in no case shall be less than seventy-five degrees (75°). Approaches to all intersections involving collector or arterial roads shall follow a straight line, or a curve with a radius of not less than seven hundred feet (700'), for at least one hundred feet (100'). No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point.

Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except where the frontage is sufficient, more than one street may intersect the arterial or collector street provided the streets shall not intersect with the same side of the existing street at intervals of less than five hundred feet (500'). The block corners of intersections shall be rounded at the curbline, with a curve having a radius of not less than twenty-five feet (25').

A tangent of at least one hundred feet (100') long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at any one (1) point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation & Traffic Engineering Handbook," ITE, latest edition.

Culs-de-sac shall be no more than twelve hundred feet (1200') in length but, in any case, shall provide access to no more than twelve (12) lots, unless, in specific cases and upon review and approval by the Board, more lots are deemed appropriate. A turn-around shall be provided at the end of the cul-de-sac with a radius of fifty feet (50') on the curbline plus a utility and planting strip of ten feet (10') around the entire cul-de-sac. The center point for the radius shall be the center line of the associated street or, if off-set, off-set to a point where the radius becomes tangent to the right curbline of the associated street. Dead ends shall be avoided except where needed for future development of adjacent property.

A sixty foot (60') diameter circle at the center of a cul-de-sac shall be landscaped or left with its natural vegetation, provided that the paved traffic lane is of adequate width and radius for the turn-around of emergency vehicles.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Board reserves the right to approve, or name streets within a proposed development.

The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist. Roads specifically serving industrial areas shall adhere to Township standards designed for the development of industrial uses and shall be sufficient to handle voluminous traffic and heavy trucking. Concerning streets under the jurisdiction of the Township, the following standards shall apply:

No street shall have a minimum grade of less than one percent (1%). Grades on streets shall not exceed twelve percent (12%). Wherever possible, streets shall follow the line of main drainage depending on site conditions.

All changes in grade where the grade is one percent (1%) or greater shall be constructed by vertical curves of sufficient radius to provide a smooth transition and proper site distance, but not so great as to create drainage problems. Vertical and stopping sight distances shall be at least:

Streets shall enter intersections at grades not greater than two percent (2%) for the first fifty feet (50'), measured from the edge of the cartway of the intersecting road.

In all residential developments, the minimum public street hierarchy, right-of-way width, cartway width and overall cross section shall be designed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.)

Sidewalks may be required on both sides of all existing and proposed streets, at the discretion of the Board, depending upon the probable volume of pedestrian traffic, the general type of development intended and any alternate plans proposed for the movement of people and bicycles.

Where required, sidewalks shall be at least four feet (4') wide and shall be four inches to six inches (4" — 6") thick, constructed on a subgrade properly prepared with four inch (4") base course of pea gravel or equivalent. Sidewalks shall be Class "B" concrete or pervious interlocking pavers or block, or equal material designed to withstand anticipated traffic. The design shall be approved by the Planning Board. A sidewalk forming part of a driveway apron shall be six inches (6") thick at grade with abutting sidewalks and of the same construction material as abutting sidewalks.

Continuous paving shall be available from the public sidewalk to the main entrance(s) of the adjoining building(s).

Where sidewalks abut public streets, they shall be located inside the street right-of-way and offset at least one foot (1') from the right-of-way lines.

All sidewalks shall have a minimum slope of one-quarter inch (1/4") per foot toward the gutter.

Permeable paving materials which reduce the rate of runoff and Total Suspended Solids (TSS) and promote groundwater recharge shall be permitted for sidewalks in nonresidential zones.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than seventy-five percent (75%) of the rear and/or side yard area(s) in which it is located and shall be located no closer than thirty feet (30') to a side lot line and fifteen feet (15') to a rear lot line.

A private residential swimming pool area must be enclosed by a suitable fence with a self-latching locked gate at least four feet (4'), but no more than six feet (6') in height.

A private residential pool may be lighted by both underwater or exterior lights provided that all exterior lights are located so that the light is neither directed or reflected upon adjacent properties. All free-standing standards used for exterior lighting shall be no closer to the edge of the pool than its height. Underwater lighting shall be in compliance with the applicable National Electric Code.

Public swimming pools or club pools intended for open use of the public or to club members shall be located within a lot no smaller than five (5) acres in area and shall occupy no more than three percent (3%) of the lot area. The pool shall be the total water surface including separate wading pools, swimming tanks and diving tanks.

No edge of any pool or separate swimming tank shall be closer than two hundred feet (200') to any building or property line.

The entire property of the public or club pool shall be enclosed with a fence no less than eight feet (8') in height nor greater than ten feet (10') in height in order to deny accidental access to the pool.

The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect manner upon any adjacent property. All free-standing standards used for exterior lighting shall not exceed fifteen feet (15') in height and shall be no closer than twenty-five feet (25') to the edge of any pool. Underwater lighting shall be in compliance with the applicable National Electric Code.

All pools shall be constructed below the surface of the ground.

All boundaries of the property which lie closer than fifty feet (50') to any residential building shall be landscaped with dense trees and bushes to provide adequate buffers against light and sound.

All loud speakers or public address systems shall be located and directed so that said speakers are not directly aimed at any adjacent residential buildings and with intensity so that words are not understandable beyond five hundred feet (500').

One off-street parking space shall be provided for every thirty (30) square feet of water surface.

Removal of trees, shrubs and other vegetation except for specified conservation purposes;

Excavation and removal of sand, gravel and topsoil;

Construction of any type;

Fill and dumping of materials;

Use by vehicles except for specified agricultural purposes;

Other activities as agreed to by the grantor and grantee.

This ordinance does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.

This ordinance does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

All outdoor wood-fired boilers, stoves or furnaces shall be EPA Hydronic Heater Phase 2 Program qualified or greater, and shall be of the Dual Stage Wood Gasification type.

The outdoor wood-fired boiler, stove or furnace shall be located in the side or rear yard at least two hundred feet (200') from the nearest neighboring residential structure not served by the boiler, stove or furnace, and no boiler, stove, or furnace shall be located in the front yard of the property on which it is located.

The outdoor wood-fired boiler, stove or furnace shall not be used to burn refuse, leaves, green vegetative matter and noxious plants. Only seasoned wood or other solid fuel is permitted for burning.

The outdoor wood-fired boiler, stove or furnace shall have a chimney that extends at least fifteen feet (15') above the ground surface and according to MFG Installation Specifications.

In order to demonstrate compliance with the provisions above, a representative site plan of the lot, which can be prepared by the applicant based upon survey, tax map or other reliable information, shall be prepared showing the subject property. Said site plan shall be at a reasonable scale to be reviewed by the Zoning Officer to assure compliance, to the greatest extent practicable, with this and all other provisions of this ordinance.

The use of outdoor wood-fired boiler, stove, or furnaces shall be allowed only during the period of October 15th to April 15th. Any use outside this period, whether to produce domestic hot water or for any other purpose, is strictly prohibited and subject to enforcement by the Zoning Official.

Spark arresters are required on all outdoor wood-fired boiler, stove, or furnace.

Outdoor wood-fired boilers, stoves, or furnaces and any electrical, plumbing, mechanical or other apparatus or device in connection with an outdoor wood-fired boiler, stove, or furnace shall be installed, operated, and maintained in conformity with the manufacturer's specifications and recommendations and all local, State, and Federal codes, laws, rules, and regulations.

(Reserved)

No person shall cause, allow or maintain the use of an outdoor furnace with the Township of Frelinghuysen without first having obtained a permit from the Zoning Officer and all other requisite permits (plumbing, electrical, etc.) from the Frelinghuysen Township Construction Office. A permit issued pursuant to this ordinance may be suspended as the New Jersey DEP or Zoning Office may determine to be necessary to protect the public health, safety and welfare of the residents of the Township of Frelinghuysen.

Authority to enforce this ordinance is hereby given to the Frelinghuysen Township Zoning Officer. In the absence of the Zoning Officer, or in the event of a conflict of interest, of any officer, agent, employee, or representative to whom such authority has been delegated, the Construction Official shall enforce this ordinance.

Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by applicable New Jersey Statutes which shall be punishable by the fines and costs stated below. In addition, Frelinghuysen Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this ordinance and applicable statute. Each day that a violation of this ordinance exists shall constitute a separate violation of this ordinance and applicable statute.

Failure to comply with any of the provisions of this ordinance shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than five hundred ($500.00) dollars for the first offense. Any subsequent offense shall be punishable by a fine of not more than one thousand ($1,000.00) dollars. In addition, any permit issued pursuant to this ordinance shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this ordinance. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.

Any outdoor wood-fired boiler, stove or furnace in place on a property as of August 15, 2015 that does not comply with subsection 525C2, as amended, shall be allowed to remain in place, provided that the owner applies for and receives all appropriate permits within one year of the effective date of this ordinance. If the owner of an existing outdoor wood-fired boiler, stove or furnace does not receive a permit or receive an approval from the Land Use Board within one year of August 15, 2015, the outdoor wood-fired boiler, stove or furnace shall be removed by the homeowner at the direction of the Township Construction Official.

Site Reconnaissance. An on-site reconnaissance, by a person with knowledge of local geology, is important to develop an understanding of the site constraints. Prior to conducting reconnaissance on-site, field personnel should review aerial photography to look for the presence of such features as photo lineaments, vegetation changes and depression areas. Black and white aerial photographs, when viewed in a stereo image, can reveal such features as sinkholes, closed surface depressions, lineaments and bedrock pinnacles. Older aerial photographs are a valuable resource to document changes in the landforms or karst features, which have occurred on the site over time.

Test Pits. Test pits are a simple, inexpensive way to view the overburden materials and the condition and variability of the carbonate rock surface. Test pits are backhoe excavations generally to the depth of the bedrock or limitation of backhoe.

Test Probes. These generally consist of advancing a steel bit into the ground by an air-percussion machine. Essentially a large, mobile "jack-hammer" is used. Depth of normal penetration is usually less than fifty (50') feet. The "cuttings" are blown out of the hole and examined. Although quite disturbed, these cuttings yield a sample of the materials penetrated. The amount of air injected and return of cuttings at the surface can indicate the presence of fractures and cavities. The rate of speed of the advance of the probe provides a qualitative estimate of the competency of the material encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

Test Borings. As discussed in Phase II, test borings can yield virtually complete and relatively undisturbed soil and rock samples. These borings provide visual evidence of fractures, weathering, fracture fillings and even the vertical dimensions of cavities. A measure of the drilling fluid losses can also indicate the volume and nature of any soil or rock cavities encountered. Backfilling with a fluid cement grout and recording the volume of materials placed in the drill hole (of known dimension) can also yield a measure of the size of openings encountered in the subsurface during the downward progress of the probe.

Aerial Photography. This is the simplest indirect technique, particularly when photos taken over a long time period are analyzed. Open depressions, bedrock exposures, vegetation and moisture changes over time can be detected on either black and white or color photographs. Piles of rock or small groups of brush or trees in otherwise open fields can indicate active sinkholes or rock pinnacles breaking the ground surface. Images defined at wavelengths other than visible light can be as useful as, or even more useful than, conventional aerial photographs. These images are generally available from satellite mapping work.

Geophysical Procedures. Various geophysical investigation techniques can be used in karst terrains including: ground penetrating radar, electrical conductivity, electrical resistivity, electromagnetic conductivity, very low frequency (VLF) measurement, gravity field recording and seismic velocity measurements. In general, none of these methods has the ability to discriminate all fractures and small cavities. The data provides information on the variation in underground conditions, which should be interpreted by a person trained in geophysics.

These procedures are used to identify zones of variation across a site. Areas showing variation are then targeted for additional direct testing procedures. Geophysical procedures should not be used as the only method of verifying underground conditions. Information gathered with geophysical procedures is useful when extrapolating directly measured data.

The variability in physical properties and the solutioned nature of most carbonate rocks require an increase in the number of locations analyzed and the use of several investigation methods to provide a reliable interpretation of the subsurface conditions.

All applicants for subdivision approval, site plan approval, or building permit for new construction, including single family detached dwellings in connection with major subdivision approval, shall undertake a geologic investigation program. Projects located in the Carbonate Drainage Area shall comply with this Chapter and shall be based on the recommendation of the Board Engineer as per paragraph A5, below.

A professional engineer or geologist with experience in karst terrains shall prepare the geologic investigation program. The Board Engineer shall be similarly qualified to review all project submittals.

The Geologic Investigation Program shall identify the nature of materials underlying the site.

The geologic investigation report shall evaluate site information gathered during the geologic investigation, and provide recommendations for the planning, engineering design, and construction techniques to be utilized. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations.

In the case of applications for site plans or subdivisions, the geologic investigation program may be completed and filed prior to a formal application for preliminary approval.

After the submission of the information required in the Phase I and reviewing the Board Engineer's report, the Land Use Board may grant a waiver from the requirement of part or all of the geologic investigation and report requirements under paragraphs E. and F., below.

Phase I — submission of the application with appropriate mapping and indication as to whether the application impacts Carbonate Rock Areas in accordance with this chapter, and a review and report of the application by the Board Engineer.

Phase II — completion of the proposed Geologic Investigation Program by applicant, review by the Board Engineer and action on completeness by the Land Use Board; issuance of permit to undertake on-site testing.

Applicant undertakes on-site geologic investigation program, with observation by the Board Engineer.

Submission of a Geologic Investigation Report and site recommendation by applicant.

Board Engineer's review, report and final recommendation forwarded to Land Use Board.

Land Use Board acts on the geologic aspects of the proposed project.

Completing the Phase I process shall commence an investigation program. A report from the Board Engineer shall be rendered to the Land Use Board within thirty (30) days of the submission by the applicant of the application. The Land Use Board shall rule on the completeness of the Phase I submission within thirty (30) days of the receipt of the Board Engineer's completeness report. The Board Engineer's report shall either recommend that Phase II shall be commenced, or in the alternative, that portions or all of the requirements of the Phase II be waived.

If Phase II is required, the application shall be submitted to the Land Use Board and reviewed by the Board Engineer for completeness upon completion of the Phase II study. A completeness report shall be made to the Land Use Board within thirty (30) days of the submission by applicant of the Phase II study. The Land Use Board shall rule on the completeness of the application within thirty (30) days of the receipt of the Board Engineer's completeness report. The Board Engineer's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Board Engineer recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology, which would provide the requisite data. The Board Engineer may also recommend waiver of some or all of the required investigations in appropriate cases.

At the applicant's option, it may comply with Phase I and/or Phase II simultaneously, in which case the Township Geologist shall submit a completeness report to the Land Use Board within thirty (30) days of submission of the appropriate studies by the applicant. The Land Use Board shall act on the completeness report within thirty (30) days of submission of the Board Engineer's report.

After the Phase I and Phase II submissions have been made, and the application has been deemed complete by the Land Use Board and the Board Engineer has advised that the testing methodology poses no danger to the integrity of the site or to the health, safety and welfare of the community, a permit shall be issued to the applicant authorizing the commencement of the testing.

Any on-site investigations and tests undertaken pursuant to this section shall not begin until the applicant has received a permit pursuant to paragraph C., above. The applicant shall also be responsible for providing, at least fifteen (15) days prior to commencement of any testing procedures, written notice of same to the Land Use Board Secretary for investigations related to subdivision and site plan applications, or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, return receipt requested or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.

The proposed development site shall be subject to inspection by the Board Engineer or designated municipal inspectors at any time. All testing data and results shall be made available to municipal officials and inspectors on demand.

All samples taken shall be properly preserved and shall be available for examination by the Township upon request until the Land Use Board takes final action on the application.

At the completion of the field investigation, a formal site investigation report shall be submitted to the Township and include any of the following required information gathered during the testing protocol: logs of all borings, test pits, and probes including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, time and dates of explorations and tests, reports of chemical analyses of on-site surface and groundwater, names of individuals conducting tests if other than the professional engineer or geologist referred to in the application or studies submitted by the applicant, analytical methods used on soils, water samples, and rock samples; a 1" = 100' scale topographic map of the site (at a contour interval of two (2') feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow; a geologic interpretation of the observed subsurface conditions, including soil and rock type; jointing (size and spacing), faulting, voids, fracturing, grain size, and sinkhole formation.

The report shall define the extent of geological findings at the site in relation to the planned development or land use. The recommendations proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.

Within forty-five (45) days of submission of the Geological Investigation Report by the applicant, the Board Engineer shall review and prepare a completeness report for submission to the Land Use Board. During the Board Engineer's review of the Geological Investigation Report for proposed development in the Carbonate Rock District, the Board Engineer shall consider the data, formal maps, drawings and related submission materials and shall advise the Land Use Board whether or not the applicant has provided the Township with:

The Land Use Board shall, within forty-five (45) days of the receipt of the report from the Board Engineer, approve or disapprove the proposed geologic aspects of the development plan and associated construction techniques. In the event the Land Use Board denies the proposed development plan and associated construction procedures the Land Use Board shall state in the resolution its reasons for disapproval.

Report the occurrence of the hazard to the Township Clerk within twenty-four (24) hours of discovery;

Halt construction activities which would impact the geologic hazard;

Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the Board Engineer;

After obtaining approval from the Township, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;

Repair any damage to improvements and restore ground cover and landscaping;

In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, file an amended application for a site plan or subdivision approval in compliance with the provisions of this section.

The applicant shall submit the completed Phase I submission to the Township of Frelinghuysen Land Use Board for distribution to the Board Engineer. Applicants shall also submit the required application fee and escrow as per the Township's posted escrow and fee requirements.

Phase I and II submissions may be completed and filed prior to the completion of other required submissions at the applicant's option.

The applicant and the municipal Land Use Board will be advised within thirty (30) days of submission of the Phase I submission whether a waiver of completion of the Phase II study is being recommended by the Board Engineer. The Board Engineer may recommend a waiver of some or all of the required investigations as provided herein. The Land Use Board will act on the Board Engineer's completion report within thirty (30) days of receipt. Notice of the Township's action will be forwarded to the applicant in writing.

Topsoil shall be provided and/or redistributed on the graded surface as cover and shall be stabilized by seeding or planting.

Grading plans shall have been submitted and approved with the subdivision plat or site plan, and any departure from these plans must be approved by the Land Use Board.

Grading shall be designed to prevent or minimize damage to structures or improvements when major storms exceeding the 100-year storm design of the storm drainage system occur.

The minimum slope for lawns shall be 2% and for smooth, hard-finished surfaces 0.75%.

The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 12 units horizontal (1:12) for a minimum distance of eight feet.

A minimum of 15 feet behind the rear of any residential unit shall be graded at a maximum of 9% so as to provide a usable rear yard.

Where a lot cannot be graded in the rear yard in accordance with the provisions in this section, the Board may permit the construction of a deck or patio to serve as the usable rear yard area. The size of the deck or patio required would be at the discretion of the Land Use Board.

When the terrain is such that stormwater will be directed toward a building foundation, appropriate measures such as swales and storm sewers shall be provided to intercept and drain surface water.

Swales must be located at least 15 feet from the front and rear faces of a building and 10 feet away from any side walls. Swales shall not cross any driveways.

Where swales are run across property boundaries, easements must be dedicated by recorded instrument in such a way as to give notice to future property owners of the need to preserve and maintain the swale.