Manalapan Township City Zoning Code
§ 95-8.11
Conservation, open space, drainage and utility rights-of-way easements.
Where a minor or major development is traversed by a water course, open drainageway, channel or stream, area of special flood hazard, wetland, or wetland transition area, or for the purpose of preserving steep slopes, trees and other natural growth/and or for preserving and providing an open space buffer along lot lines as applicable and desirable for specific subdivision and site plan locations and layouts, a conservation, open space, drainage, or utility right-of-way easement shall be furnished to the Township by the developer.
A.
This easement shall prohibit the removal of trees and ground cover except for the following purposes: the installation and maintenance, and replacement of drainage facilities and utilities, the removal of dead or diseased trees, limited to thinning of trees and growth to encourage the most desirable growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes, and, within wetlands and wetlands transition areas, such activities as are permitted pursuant to the New Jersey Freshwater Wetlands Protection Act.
B.
No structures, except those required for drainage and utilities or to impound water shall be located in this easement, and, within wetlands and wetlands transition areas, such activities as are permitted pursuant to the New Jersey Freshwater Wetlands Protection Act.
C.
The easements shall be indicated on the preliminary and final plat and shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise in the future.
D.
The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines.
E.
Such easement dedication shall be expressed on the preliminary and final plat and specifically indicate the type of easement and the specific public authority to which it is being granted.
F.
No relocation, construction or reconstruction shall take place within the area of the easement, nor shall any structures be located within such area, nor shall any action be taken which will alter or impair the effectiveness or present or future drainage facilities or cause soil erosion without prior approving authority or Township Committee approval.
G.
All easements for underground utilities shall be a minimum of 30 feet in width. If more than one underground utility is to be placed within the easement, an additional dedicated width of five feet for each additional underground utility is required. Easement width shall be subject to the review of the Township Engineer based upon the type of underground utility, conduit or pipeline diameter and the depth of bury.