Lot frontage—five hundred feet (500').

Lot width at the setback line—five hundred feet (500').

Lot depth—eight hundred feet (800').

Side yard—seventy feet (70').

Front yard—ninety feet (90').

Rear yard—ninety feet (90').

Minimum tract size shall be eighty (80) acres.

The Board in considering a golf course application shall require a turf management plan which meets best management practices. Such plan shall demonstrate that there will be minimal adverse impact on ground and surface waters.

There shall be no substantial negative impact on the neighborhood from traffic, noise, lights (both site lighting and vehicular lighting).

A site management plan shall be submitted which indicates the means by which the golf course will be irrigated, and its facilities maintained. The means by which wildlife, in particular water fowl, will be managed on site shall be identified.

The property should be located in reasonable proximity to a collector street. Parking shall be provided for six (6) spaces for each tee. Additionally, parking shall be provided for any club house facilities at a rate of one (1) space for each four (4) seats.

The golf course shall be designed so as to avoid negative impact on adjacent residential uses of land. Specifically, the design shall incorporate concern with regard to typical golf operations and their relationship to residential property.

Any non-golf related activities held in or on any golf course facility shall, in the opinion of the Board, adequately address traffic, food preparation and general public safety.

There shall be no significant water supply or water quality impact associated with the golf course. Adequacy of supply shall be demonstrated through suitable testing mechanisms.

Golfing activities (play and practice) shall be limited to dawn to dusk.

All facilities shall be located no closer than forty feet (40') from any side property line. Front and rear yard setbacks shall be ninety feet (90').

Dedicated solely to the use of farm workers for residential purposes. The applicant shall demonstrate a specific need to justify the number of units requested.

Actively operating as a farm.

Annual certification confirming continued compliance with the condition of approval shall be provided by the applicant.

Unit to be not more than one thousand two hundred (1,200) square feet nor less than five hundred (500) square feet.

At no time shall the density of all dwelling units on a given farm tract exceed the maximum residential density permitted in the zone.

Dedicated solely to the use of staff actively engaged in the educational programs at the facility.

Limited to those deemed essential to the operation of the facility upon a showing of proofs acceptable to the Board.

To secure safety from fire, flood, panic and other natural and man-made disasters;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;

To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

Minimum lot area - five (5) acres.

Minimum setback to any property boundary or recreation facility -hundred twenty-five percent (125%) of the height of the structure.

Maximum height of structure - hundred twenty feet (120'), except where more than one (1) set of commercial transmitting/receiving antennas are co-located on a tower, the total height of the tower shall be not greater than one hundred eighty feet (180'). This shall be measured as the overall height, including antennas.

If cellular communications facilities are located on the roof of a building, the area of the cellular communications facility and other equipment and structures shall not occupy more than twenty-five percent (25%) of the roof area. Height and setback required shall be as measured from the ground level.

No such facility shall be located within five hundred feet (500') of a dwelling or within one thousand feet (1,000') of a school.

Site plan approval by the Frelinghuysen Township Planning Board shall be required.

In the event such communication facilities are abandoned or not operated for a period of one (1) year, the same shall be removed, at the option of the Township, at the sole expense of the operator.

Noise levels at any property line shall be not more than fifty (50) decibels.

Any access to a communications facility shall conform to the driveway provisions of the Frelinghuysen Township Code.

Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with NJDEP requirements.

It is the specific intent of this provision to avoid clearing beyond that required for access to the facility, its construction and maintenance.

Location priority is given, to existing cellular communications facilities or water tanks, to existing high tension wire structures as regulated by State and Federal regulations, to municipal land, and such other location as the applicant proves is essential to provide required service to the Frelinghuysen Township community. Applicant shall document its efforts to meet these priority requirements.

All cellular communications facilities shall be located to minimize visual impact on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under paragraph l shall be deemed more acceptable than lower priority sites.

Cellular communications facilities shall be deemed a public utility under the Frelinghuysen Township Code and shall meet all requirements of this section and of Section 601A.

Co-location. Ordinance limitation on the number of principal uses on a lot (e.g., Section 501 of the Township Code) shall not apply.

Fencing and Other Safety Devices. Cellular communications facilities shall be surrounded by security features such as a fence. The security fence shall not exceed eight feet (8') in height. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.

Landscaping. Landscaping shall be provided along the perimeter of the security fence and other areas deemed necessary to provide a visual screen or buffer for adjoining private properties and the public right-of-way.

Signs. Signs shall not be permitted except for required signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any cellular communications facility.

Color. Cellular communications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Activity and Access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.

Lighting. No lighting is permitted except as follows:

Radio Frequency Emissions. The FCC has sole jurisdiction of the field of regulations of radio frequency (RF) emissions. Cellular communications facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF effects. Applicants shall provide current FCC information concerning cellular communications facilities and radio frequency emission standards. Cellular communications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

Structural Integrity. Cellular communications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

Maintenance. Cellular communications facilities shall be maintained to assure their continued structural integrity. The owner of the cellular communications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance. Safety inspections shall be performed not less than once per year. A report indicating the condition of all facilities shall be submitted to the Township Clerk and not later than January 10 of any given calendar year following installation of the facility.

Each application for a cellular communications facility shall be accompanied by a plan which shall reference all existing cellular communications facility locations in the applicant's Frelinghuysen Township inventory, any such facilities in the abutting towns within or without New Jersey which provide service to areas within the Frelinghuysen Township community, any changes proposed within the following twelve (12) month period, including plans for new locations and the discontinuance of relocation or existing facilities.

Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:

How the proposed location of the cellular communications facility relates to the objective of providing full wireless communication services within Frelinghuysen Township.

The Planning Board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable cost associated with such consultation which cost shall be deposited in accordance with the Frelinghuysen Township's escrow provisions.

Removal of abandoned cellular communications facilities. Any cellular communications facility that has not been operated for a continuous period of twelve (12) months shall be considered abandoned. If there are two (2) or more users of a single cellular communications facility, then the abandonment shall not become effective until all users cease using the cellular communications facility for a continuous period of twelve (12) months. The owner of such cellular communications facility shall remove same within ninety (90) days of notice from the Zoning Officer that the cellular communications facility is abandoned. If such cellular communications facility is not removed within said ninety (90) days, the municipality may remove such cellular communications facility at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one (1) year of discontinuance. If a facility is not reused within one (1) year, a demolition permit shall be obtained and the facility removed at the expense of the facility owner or the private landowner. At the discretion of the Zoning Officer, upon good cause shown, the one (1) year reuse period may be extended for a period not to exceed one (1) additional year. The owner shall be required to submit to the Township Administration (Township Clerk) verification of yearly permits or renewal period. The status of the tower with respect to its continued use shall also be confirmed. Frelinghuysen Township retains the right to use any abandoned cellular communications facility on municipal property for its own use.

Cellular communications facilities in existence on the date of the adoption of this ordinance, which do not comply with the requirements of this ordinance (non-conforming cellular communications facilities) are subject to the following provisions.

In addition to the applicable documentation, required escrow fees, and items of information required for site plan approval the following additional documentation and items of information are required to be submitted to the Planning Board for review and approval as part of the site plan submission:

Purpose and Substantial Change. It is the purpose of these subsection provisions to provide specific conditions and standards for the location, co-location and operation of cellular antennas and cellular towers within the Township of Frelinghuysen. These subsection provisions recognize that there may be benefits to the construction and operation of cellular antennas and cellular towers and that state and/or federal laws and/or regulations specifically regulate aspects of such operation. These article provisions also acknowledge the need to safeguard the public good and preserve the intent and purposes of the Frelinghuysen Township zoning plan. These subsection provisions enable the location and co-location of cellular antennas and cellular towers within the Township of Frelinghuysen in order to provide the fullest extent of communications services while simultaneously limiting the number of cellular towers to the fewest possible. These provisions further seek to preserve the rural, agricultural character of the Township of Frelinghuysen and to protect its historical resources.

This subsection also sets forth requirements for eligible facilities requests for modifications to existing wireless towers or base stations that do not constitute a substantial change.

The definitions set forth in 47 U.S.C. § 1455 are incorporated herein, as may be amended, including the following definition of "substantial change," per 47 CFR 1.4000I(c):[1]

The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit or variance application, notwithstanding any other provision of the chapter. Jurisdiction shall rest with the Land Use Board of the Township of Frelinghuysen.

Permitted Uses. The following uses are specifically permitted: antennas in any zone on property owned by the Township of Frelinghuysen upon which is located an existing wireless communication facility or an existing electric transmission tower.

The Land Use Board may waive the submission requirements of § LDO-601M3 for any permitted use.

Co-location on an Existing Structure; Eligible Facilities Request.

New Wireless Facility and Substantial Change to Co-location on an Existing Structure.

All applications for cellular towers, including co-location or new towers, shall comply with any and all general applicable building, structural, electrical, and safety codes, as well as any others deemed by the Township to be related to health and safety. Further, all such applications shall also comply with the requirements of any Historic Preservation District, as applicable.

Failure of the applicant to submit a completed comprehensive plan according to the specifications set forth above shall render an application incomplete and thereby prevent hearing of the application by the appropriate board.

All applicants shall appropriately conceal the cell tower antennas and related structures.

The applicant shall post a performance bond for the demolition, dismantling and removal of any cellular antenna and/or cellular tower.

Every cellular antenna and cellular tower shall be demolished, removed and dismantled promptly after 180 continuous days of nonuse.

The applicant and/or operator of the cellular antenna shall provide the Township with a copy of any notice or letter of intent to cease operations in the event that such a notice or letter is sent by the applicant and/or owner to the FCC.

Address of the wireless tower.

The height (measured in feet above ground level) of the existing tower as originally approved, including any modifications approved prior to February 22, 2012.

What is the height (measured in feet above ground level) at which the modifications to the transmission equipment will occur on the tower?

What will the height (measured in feet above ground level) of the existing tower be after the modifications to the transmission equipment are installed?

Effect of modifications of transmission equipment on tower height:

Will the modifications in transmission equipment (measured at the height above ground level where the transmission equipment will be attached to the tower) result in any transmission equipment protruding horizontally from the edge of tower by more than 20 feet or by more than the existing width of the tower at that height, whichever of these dimensions is greater?

Will the proposed changes in transmission equipment involve excavation or placement of new equipment outside the existing tower site or outside any access or utility easements currently related to the site?

Will the proposed modification in transmission equipment involve installation of more than the standard number of new equipment cabinets for the technology involved, but no to exceed four?

Will the proposed modification in transmission equipment defeat the existing concealment elements of the tower?

Prior Conditions of Approval.

List of all equipment to be co-located or added to the tower or ground equipment.

Applicant's certification that they have the legal authority to co-locate/modify the support structure, which may include approvals from the jurisdiction authorizing the initial placement of transmission equipment on the tower or other structure.

The identity of the owner of the parcel and the owner of the existing tower(s), and proof that the owner of the parcel and tower have authorized the applicant to co-locate on the tower.

Detailed Site Plan. Except where the facility will be located entirely within an existing structure or an existing building, a detailed site plan shall show:

Application Fee. All applicants shall pay an application fee of $500 at the time that the application is filed.

Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches (8") from the rooftop. Rooftop systems shall be considered a permitted accessory use subject to approval of the Zoning Officer and Construction Official.

All ground arrays shall be set back a minimum distance equivalent to the setback required for the principal structure according to the underlying zone requirements.

Ground arrays shall not exceed a height of fifteen feet (15').

All electrical wires servicing a ground mount solar system, other than wires necessary to interconnect the solar panels, and the grounding wires shall be located underground.

In order to obtain a zoning permit for placement of a solar array in the front yard, the applicant must demonstrate to the Zoning Board the necessity for the front yard installation by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property resulting in an exceptional difficulty and undue hardship to the applicant. The clearing of brush or wooded areas alone will not constitute an undue hardship.

When a solar energy system is proposed in the front yard, the following standards shall apply:

A solar energy system that is out of service for a continuous 12-month period shall be deemed abandoned.

The Construction Official may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record.

Any abandoned system shall be removed at the owner's sole expense within six (6) months after the owner receives the Notice of Abandonment from the Township Construction Official. If the system is not removed within six (6) months of receipt of notice, the Township may remove the system as set forth below.

When an owner of a solar energy system has been notified to remove same and has not done so six (6) months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

Solar panels removed from the site should be deposited at a recognized solar panel recycling center. Panels that are not recycled must be disposed of in accordance with current NJDEP or EPA requirements.

A building and electrical permit shall be required for the installation of a solar energy system.

The minor site plan shall include the following:

The solar energy system is not installed and functioning within twenty-four (24) months from the date the permit is issued; or

The solar energy system is out of service or otherwise unused for a continuous 12-month period.

Minimum setbacks: all wind turbines shall be set back from all property lines a distance equal to one hundred twenty-five percent (125%) of the height of the structure as defined herein.

Wind turbines shall not be permitted in a front yard unless as they are a minimum of four hundred feet (400') from the street right-of-way.

The maximum height of a wind energy system shall be two hundred feet (200') at its highest point.

No such facility shall be located within three hundred feet (300') of a neighboring dwelling or within one thousand feet (1,000') of a school property.

No more than one (1) wind turbine shall be permitted per property.

Wind turbines shall not be permitted as a rooftop installation.

All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the junction box, and the grounding wires shall be located underground.

Wind turbines shall be designed with an automatic brake or governing system to prevent over-speeding and excessive pressure on the tower structure.

Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The tower shall be designed and installed to provide removable step bolts, or not to provide a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet (8') above ground level.

All moving parts of the wind energy system shall be a minimum of ten feet (10') above ground level.

The blades on the wind energy system shall be constructed of a corrosive resistant material.

For properties within, or adjacent to, a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line.

In all other cases, sound levels of the wind energy system shall not exceed 65dBA at a common property line.

These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.

A wind energy system that is out of service for a continuous 12-month period shall be deemed abandoned.

The Construction Official may issue a Notice of Abandonment to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record.

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the Notice of Abandonment from the Township Construction Official. If the system is not removed within six (6) months of receipt of notice, the Township may remove the system as set forth below.

When an owner of a wind energy system has been notified to remove same and has not done so six (6) months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

A building and electrical permit shall be required for the installation of a wind or energy system.

Minor site plan approval is required and shall include the following:

The wind energy system is not installed and functioning within twenty-four (24) months from the date the permit is issued; or

The wind energy system is out of service or otherwise unused for a continuous 12-month period.

The facility shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health.

Enclosed building: All cultivation, manufacturing, storage and distribution activities shall take place within enclosed building or greenhouse structures. The facility shall be the sole occupant of its building.

Fencing: All structures utilized for any cultivation, manufacturing, storage or distribution of cannabis shall be enclosed by a fence at least seven feet high.

Security: All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by State law.

There shall be no direct sales to the public from the property. Nothing herein shall permit the retail sale of cannabis or marijuana products, the dispensing of cannabis or marijuana product, or the direct point sale or distribution of marijuana products except to other cannabis businesses licensed by the State.

Noise: Cannabis cultivation and manufacturing facilities shall operate in compliance with state and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.

Odor: Cannabis cultivation and manufacturing operations shall utilize available technology to filter and recirculate air, so that odors are not discernable by a reasonable person beyond the property line.

Location: One thousand (1,000) linear feet measured from the lot line of the school or college/university facility to the nearest portion of the building containing a cannabis use. The subsequent approval of a school or any other facility in proximity to the cannabis use shall not render any existing cannabis business a nonconforming use.

Emergency power: Cannabis cultivation and manufacturing operations shall have a backup generator, capable of maintaining at a minimum all electronic security systems in the event of a power failure.

Signs: Cannabis cultivation and manufacturing facilities shall only be permitted to have one sign, displaying the site address only, in compliance with sign requirements for the ROM Zone.

Lighting: No light generated by any cannabis cultivation and manufacturing activities shall result in measurable light changes at the nearest property boundary to each structure.

Consumption: No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises of any cannabis cultivation or manufacturing facility.

Appeal: A request for the review of the Planning Board Engineer's interpretation of any provision of this Section or a request for a variance from the Planning Board.

Channel: The bed and banks of the water courses located within the boundaries of the Township of Frelinghuysen which convey the normal flow of said water courses most of the time.

Design Flood: The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second; which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof.

Design Flood Profile: The elevations of the water surface of the floodway design flood and the flood hazard area design flood.

Development: Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the flood hazard area.

Flood Elevation Determination: A determination of the water surface elevations of the design flood, i.e., the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

Flood Fringe Area: The portion of the flood hazard area outside of the floodway.

Flood Hazard Area: Land in the flood plain subject to a one percent (1%) or greater chance of flood in any given year.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry areas from:

Flood Plain: The relatively flat area adjoining a water channel which has been or may be covered by flood water of the channel.

Flood Plain Management Regulations: State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodway: The river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) foot.

Habitable Floor: For flood plain management purposes, any floor, including the basement, usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor".

New Construction: Structures for which the start of construction commenced on or after the effective date of this ordinance.

New Jersey Floodway Design Flood: The discharge from a flood having a one percent (1%) chance of being equalled or exceeded in any given year.

New Jersey Flood Hazard Area Design Flood: The discharge resulting from a flood having a one percent (1%) chance of being equalled or exceeded in any given year plus twenty-five percent (25%).

Structure: For flood plain management purposes, a walled or roofed building, including a gas or liquid storage tank, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:

Variance: A grant of relief by the Planning Board from the requirements of this Section permitting construction in a manner otherwise prohibited by this Section because the literal enforcement would result in unnecessary hardship.

Has an inherent low flood damage potential.

Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of storm water.

Does not affect adversely the water carrying or storage capacity of the channel, floodway or flood fringe areas.

Does not increase local run-off and erosion and provides proper drainage of the area to an existing adequate water course or drainage system.

Does not unduly stress or degrade the natural environment of the flood plain or degrade the quality of surface water or the quality or quantity of ground waters.

Does not require channel modification or relocation.

Is set forth in this ordinance as a permitted use.

Is not a prohibited use in that portion of the flood plain where proposed to be located.

Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.

Dumping or discharging untreated domestic sewerage or industrial waste, either solid or liquid.

Storage or disposal of pesticides.

Storage or processing of materials that are in time of flooding buoyant, flammable or explosive.

The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.

New construction of any structure.

The floor area ratio not exceed one and one-half percent (1 1/2%); and

The lot coverage not exceed two and one-half percent (2 1/2%).

Installation of watertight doors, bulkheads and shutters, or similar devices.

Reinforced walls to resist water pressure.

Use of paints, membranes or mortars to reduce seepage of water through walls.

Addition of weights to structures to resist flotation.

Installation of pumps to lower water levels of structures.

Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over the sidewalk and under the sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate water course or drainage system.

Construction that resists rupture or collapse caused by water pressure or floating debris.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or storm waters into the structure; gravity drainage of basements may be eliminated by mechanical devices.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.

Two (2) spaces per dwelling unit.

Any use having access only from a collector or arterial street shall provide a paved or graveled turn-around area on the site.

Detached dwelling units: Information and direction signs as defined in subsection 513A5.

See Section 513 for additional standards.

Land area equal to a minimum of thirty percent (30%) of the tract of land proposed for residential development shall not be included in lots and shall be set aside for conservation, open space, flood plain, recreation and/or other common space. Such lands shall be optimally related to the overall plan and design of the development, shall be improved to best suit the purpose(s) for which they are intended, and shall be situated within Frelinghuysen Township. Land utilized for street rights-of-way shall not be included as part of the above thirty percent (30%).

In its preparation of the set-aside common open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township Master Plan prepared by the Planning Board. High priority concerns include:

The Township shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands.

Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

Common open space may be offered for dedication to the Township or dedicated to an open space organization or trust, with incorporation and by-laws to be approved by the Planning Board. If common open space is not dedicated and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common recreation areas and development open space, and without first offering to dedicate the same to the Township.

In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall set the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed sixty-five (65) days, within which time the deficiencies shall be cured.

Any open space organization or trust initially created by the developer shall clearly describe in its by-laws the rights of the municipality and the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation of the organization shall be submitted for review by the Planning Board prior to the granting of final approval by the Township.

The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development. The planned development shall be developed in accordance with the general development plan approved by the Planning Board notwithstanding any provision of P.L. 1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in subsection c of this section, except that the term of the effect of the approval may be up to twenty (20) years from the date upon which the developer receives final approval of the first section of the planned development.

In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the planning board attaches to the approval thereof.

A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided;

A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access, within the planned development, and any proposed improvements to the existing transportation system outside the planned development;

An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;

A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities;

A storm water management plan setting forth the proposed method of controlling and managing storm water on the site;

An environmental inventory in accordance with the provisions of Section 804 C 2 of this Code, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site;

A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses, and police stations;

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (C. 52:27D-301 et seq.) will be fulfilled by the development;

A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste disposal;

A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county municipality and school district according to the timing schedule provided under subsection k of this section, and following the completion of the planned development in its entirety;

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety; and

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by the Department of Environmental Protection or other Federal, State or County agency having jurisdiction, shall be approved by the Planning Board if the developer can demonstrate, to the satisfaction of the Planning Board, that the variation being proposed is a direct result of such determination by the Department of Environmental Protection.

Except as provided hereunder, once a general development plan has been approved by the Planning Board, it may be amended or revised only upon application by the developer approved by the Planning Board.

A developer, without violation the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than fifteen percent (15%) or reduce the residential density or nonresidential floor area ratio by no more than fifteen percent (15%); provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (C. 52:27D-301 et al.), without prior municipal approval.

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a Certificate of Occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

If a developer does not complete any section of the development within eight (8) months of the date provided for in the approved general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved general development plan, the municipality shall notify the developer, by certified mail, and the developer shall have ten (10) days within which to give evidence that he is fulfilling his obligations pursuant to the approved general development plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated thirty (30) days thereafter.

In the event that a developer who has general development plan approval does not apply for preliminary approval of the planned development which is the subject of that general development plan approval within five (5) years of the date upon which the general development plan has been approved by the Planning Board, the municipality shall have cause to terminate the approval.