Applicants for nonresidential uses shall comply with the following design and performance standards and requirements and principles of land subdivision in the design of each subdivision or portion thereof. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees in accordance with Article 13 of this chapter for the ultimate installation of the items required by this section.

The subdivision shall conform to design standards that will encourage good development patterns encouraging a coordinated, well planned community with provisions for desirable services and circulation facilities. The subdivision shall conform to the proposals and conditions shown on the Master Plan and Official Map, as adopted by the Township.

The design requirements and performance standards of Chapter 35 shall apply to all land development applications for all agricultural, commercial, office, industrial, institutional, educational, or mixed uses in the Township of Millstone. With respect to development applications for residential subdivisions, or residential site plan approvals, the Residential Site Improvement Standards of Article 5, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements which have been validly adopted by the New Jersey Commission of Community Affairs pursuant to N.J.S.A. 40:55D-40.1 et. seq. If, with respect to a particular design matter, no statewide standard has been validly adopted by the Commissioner of Community Affairs, then the requirements and standards of this chapter 35 shall govern in such respect.

All subdivisions shall be served by paved public streets with an adequate crown. The arrangement of 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 existing streets and should conform with the topography as far as practicable.

When a new subdivision adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.

Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic. Whenever or wherever possible all streets shall be laid out and designed to fit the prevailing contours of the land to discourage excessive and unnecessary cuts and fills.

In all residential zones, all major subdivisions bounded by an expressway, arterial or collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or streets intersecting said expressway, arterial or collector street. In addition, that portion of the subdivision abutting said freeway, arterial or collector street right-of-way to a depth of 25 feet therefrom and for the full length of the subdivision shall be planted with nursery grown trees so that in a reasonable period of time a buffer will exist between the development and the highway to promote public safety and maintain open spaces and a rural atmosphere. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. No driveways shall enter onto expressways or arterial streets.

No subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township Committee after recommendation by the Board.

In the event that a subdivision adjoins or includes existing Township streets that do not conform to widths as shown on the adopted Master Plan and/or Official Map or the street width requirements of this chapter, additional land along either or both sides of said street, sufficient to conform to the right-of-way requirements, shall be dedicated to the Township 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 to the Township and the dedication shall be addressed on the plat as follows: "Street right-of-way easement granted to the Township of Millstone permitting the Township to enter upon these lands for the purposes provided for and expressed in the Land Use and Development Regulations of the Township of Millstone". This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by Ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guarantees. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within the subdivision shall be improved including excavation, grading, base course and surfacing in accordance with the road improvement standards of this article.

The right-of-way width shall be measured from lot line to lot line and shall not be less than as listed on the Schedule 6, Street Design Standards and Diagram 2, Typical Street Cross Sections.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60° and approaches to all intersections shall follow a straight line for at least 100 feet. 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. Measuring from this common point two intersections shall be spaced a sufficient distance to permit a minimum of two lots between the two street rights-of-way. Any subdivision 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 800 feet. The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:

Arterials - 40 feet; collectors - 35 feet; and local streets - 25 feet.

Longitudinal grades on all streets shall not exceed 10% and shall be no less than 0.5%. Maximum grades within intersections shall be 3%.

All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade, or portion thereof, and providing minimum sight distances of 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.

A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet, for local streets, 500 feet for a collector street and 800 feet for an arterial street.

No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Planning Board and the Township Committee shall reserve the right to approve street names in all new subdivisions or in the alternate shall have the right to name the streets within a proposed subdivision. Street names shall be determined after the approval of a preliminary subdivision plat and prior to the preparation of a final plat. Applying the principles set forth above, the following procedures shall be utilized in designating street names:

Dead end streets (culs-de-sac) should be no longer than the distance allowed by the Residential Site Improvement Standards (RSIS).

All dead end streets shall provide a turnaround at the end with a paved radius of not less than 40 feet and tangent to the right side of the street. If a turnaround tangent to the right side of the street cannot be provided, then a paved radius of not less than 50 feet shall be provided. If a dead end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

All streets shall be constructed with a parabolic crown as follows: Eight inches for 36 feet of pavement width or greater and six inches for less than 36 feet of pavement width.

Sight Triangle Easements shall be provided at street intersections.

In all subdivisions, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following Schedule 6, Street Design Standards, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street.

All streets shall be provided with stormwater inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structure on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. All drainage design and computation factors shall be submitted to the Board Engineer for review and approval and shall conform to the requirements of this chapter.

The duration of a storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.

No pipe size in any storm drainage system shall be less than fifteen-inch diameter reinforced concrete pipe or its equivalent.

Dished gutters shall not be permitted on any streets and intersections.

Storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Planning Board Engineer. Reinforced concrete pipe shall conform to the most current A.S.T.M. Specifications C76. All pipe shall be Class III, Wall B strength except where stronger pipe is required as determined by the Board Engineer. All pipe shall be designed for AASHO H20-44 loading and shall meet the minimum cover requirements.

In locations other than within the right-of-way of public roads where, because of severe topographic conditions or the desire to minimize the destruction of trees and vegetation, corrugated aluminum pipe, pipe arch, helical corrugated pipe, or fully coated corrugated metal pipe, may be used. The material used shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designation M-196-62 or the Standard Specification for Aluminum Alloy Helical Pipe AASHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be: less than twenty-four-inch diameter or equivalent, 0.075 inches: twenty-four-inch diameter and less than forty-eight-inch diameter or equivalent, 0.105 inches; forty-nine-inch but less than seventy-two-inch diameter or equivalent, 0.135 inch; and seventy-two-inch diameter or equivalent, and larger, 0.165 inches except where stronger pipe may be required as determined by the Board Engineer.

For all development, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots. Easements or rights-of-way shall be required in accordance with the section entitled "Easements" in this article where storm drains are installed outside streets.

All storm drains shall be designed to carry the runoff from the entire upstream watershed. The quantity of the runoff shall be determined by the rational formula (or other formula acceptable to the Board Engineer).

The sizing of conduit for the transmission of storm flow shall be determined by the use of the Manning Formula.

The following minimum coefficients shall be used in determining runoff from all offsite contributing areas based upon permitted land use as determined by the current zoning ordinance.

The following coefficients of roughness shall be used in the Manning Formula to determine pipe capacity:

In general, velocities in closed conduits at design flow should be at least 2 1/2 feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 0.5 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the subdivider and shall be made available to the Board at the time of drainage review. At the transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. The provisions may include rip-rapping, gabions, lining, aprons, chutes and checks or others, all suitably detailed and approved. For all open channel flows tailwater depth and velocity calculations shall be submitted.

All drainage structures including manholes, inlets, headwalls and sections and box culverts shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the Board Engineer, all curb inlets shall be standard type "B" with curb piece heights equal to the exposed curb faced of the adjacent curb plus two inches. All lawn inlets shall be standard type "E." When the pipe size is such as to require a larger structure, standard type "B1" or "B2," "E1" and "E2" shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.

The maximum collecting capacity of an inlet shall be: five cubic feet per second for Type "B" inlets and two cubic feet per second for Type "E" inlets, and in addition gutter flow shall also be limited to provide a maximum gutter flow surface width of eight feet.

Inlets shall be located as follows: At all street low points; in all gutters spaced to insure that the runoff to each inlet does not exceed the collecting capacity as previously established: in yards and swales as required and as required at intersections to eliminate rocker gutters. In no event shall inlets be placed more than 600 feet apart.

Curved alignments shall not be permitted. All pipes shall be constructed on a tangent alignment.

All discharge pipes shall terminate with an end section which may be: precast flared concrete; flared corrugated metal; straight cast in place concrete or cast in place concrete with flared wingwalls. The final determination as to type of end treatment shall be subject to approval of the Board Engineer.

All drainage systems shall terminate in an existing permanent natural body of water or drainage course or as determined by the Board Engineer.

Generally, unlined open channel cross sections shall have side slopes not steeper than 4:1 for channel depths of two feet or less and not steeper than 6:1 for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than 2:1. The bottom of all unlined open channels and the channel side slopes to at least the design flow level will be sodded with suitable course grass sod. All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit. All unlined open channels which can be expected to have base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, rip-rap, lining, 1/3 pipe sections or other arrangements approved as part of the final plat submission.

All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile or located within a floodplain must have the approval of the New Jersey Division of Water Policy and Supply. All encroachments of natural waterways must be referred to the New Jersey Division of Water Policy and Supply for approval in accordance with statute. The State may retain jurisdiction, in which case a permit will be necessary as set forth, or may refer the matter to the County Engineer for review.

All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

Guiderails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Board may require that any open channel other than naturally occurring streams be fenced with forty-eight-inch high chain link fencing if the banks of the channel are steeper than one foot vertical for every four feet horizontal and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Board at specified intervals.

Detention and all other stormwater management facilities shall conform to the standards under the New Jersey Stormwater Management Act, N.J.S.A. 7:8, et seq.

Where detention or retention facilities are deemed necessary, they shall accommodate site runoff generated from two-year, ten-year, twenty-five-year, fifty-year and one-hundred-year storms considered individually, unless the detention or retention basin is classified as a dam, in which case the facility must also comply with the Dam Safety Standards, N.J.A.C. 7:20. These design storms shall be defined as either a twenty-four-hour Type III storm using the rainfall distribution recommended by the US Soil Conservation Service (such as US Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release Number 55) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site when using a design method such as the Rational Method.

Runoff greater than that occurring from the one-hundred-year, twenty-four-hour storm will be passed over an emergency spillway. Detention will be provided such that after development the peak rate of flow from the site will not exceed that by similar storms prior to development. For purposes of computing runoff, lands in the site shall be assumed, prior to development, to be in good condition (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of conditions existing at the time of computation.

In calculating the site runoff to be accommodated by a detention facility, the method to be used is a tabular hydrograph method as presented in TR Number 55 (SCS method) as supplemented and amended.

Detention facilities shall be located as far horizontally from surface water and as far vertically from groundwater as is practicable.

Detention facilities shall not intercept the post-development groundwater table, where practicable. Pipe joints shall be "0" ring type in accordance with ASTM C-443 or equivalent soil tight joint design approved by the Township Engineer.

Only 1/2 of the area devoted to detention or retention facilities shall be considered non-impervious surfaces in calculating the maximum percentages as set forth in other sections of this chapter. The area devoted shall be the area encompassed by the depth of water to the emergency spillway plus one foot.

Retention facilities shall be required to provide 100% storage capacity for the fifty-year storm, and shall also satisfy the discharge requirements of this chapter pertaining to the one-hundred-year storm.

All detention basins, retention basins or other stormwater detention/retention/infiltration facility shall be located on a separate lot to be dedicated to the Township.

Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15," privately owned and maintained detention basins, retention basins or other stormwater detention/retention/infiltration facility need not be located on a separate lot to be dedicated to the Township.

To minimize the chance of clogging and to facilitate cleaning, outlet pipes shall be at least 15 inches in diameter. All outlet piping is to be watertight, reinforced concrete pipe. In addition, aluminum, stainless steel or epoxy coated steel trash racks and/or anti-vortex devices may be required where deemed necessary by the Township.

Minimum eight-inch thick anti-seep collars are to be installed along outlet pipes. Such collars shall be constructed of reinforced concrete with minimum Number 5 bars, each way, and three inches of cover. A minimum of two anti-seep collars shall be provided on the outlet pipes.

Where applicable, a concrete cradle shall be provided for outlet pipes.

All principal outlet structures shall be concrete block, precast reinforced concrete, or cast-in-place reinforced concrete. All construction joints are to be watertight. All construction shall be in conformance with New Jersey Department of Transportation standard specifications.

Suitable channel lining shall be placed downstream of principal outlets as necessary to prevent scour and erosion. Such lining shall conform to the criteria contained in Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

Principal Outlets Quality Control. The invert(s) of the principal outlet(s) used to control the larger storms for flood control purposes will be located at the peak elevation in the storage facility of the water quality design storm. Therefore, the principal outlets would be utilized for storms in excess of the 1.25 inch, two-hour event. If the above requirements would result in an outlet smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum outlet size used. It should be remembered that, in all cases, the basin should be considered initially empty (i.e., the storage provided for the quality requirements and the discharge capacity of its outlet shall be utilized during the routing of the larger flood control storms).

Emergency spillways shall be suitably lined and shall comply with criteria contained in Standards for Soil Erosion and Sediment Control in New Jersey.

Maximum velocities in emergency spillways shall be checked based on the velocity of the peak flow in the spillway resulting from the routed 500-year storm Emergency Spillway Hydrograph. Where maximum velocities exceed those contained in Standards for Soil Erosion and Sediment Control in New Jersey suitable lining of the emergency spillway and its downstream slope shall be provided.

The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

The design top elevation of all dams and embankments after all settlement has taken place, shall be equal to or greater than the maximum water surface elevation in the basin resulting from the routed 500-year storm Freeboard Hydrograph. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to ensure the design top elevation will be maintained following all settlement. This increase shall not be less than 5%. Where necessary, the Engineer shall require consolidation tests of the undisturbed foundation soil to more accurately determine the necessary height.

Maximum side slopes for all dams and embankments are three horizontal to one vertical. One section of the embankment shall have a flatter slope which will allow access to the bottom of the basin by maintenance vehicles.

All earth fill shall be free from brush, roots, and other organic material subject to decomposition.

Cutoff trenches are to be excavated along the dam or embankment center line to impervious subsoil or bedrock.

Safety ledges shall be constructed on the side slopes of all detention and retention basins having a permanent pool or water. The ledges shall be four to six inches in width and located approximately 2 1/2 feet to three feet below and 1 1/2 feet above the permanent water surface.

The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum density obtained from compaction tests performed by the appropriate method in ASTM D698.

All dry detention basins shall be provided with a concrete low flow channel with a perforated pipe underdrain in a stone trench wrapped in a non-woven geotextile fabric. The underdraining shall be connected to the basin outlet structure.

Minimum basin bottom slope shall be 2% towards the outlet structure or low flow channels.

The top of bank for facilities constructed in cut and the toe of slope for facilities constructed in fill shall be located no closer than 15 feet to an existing or proposed property line.

Detention basins shall be sodded, attractively buffered and landscaped, and designed as to minimize propagation of insects, particularly mosquitoes. All landscaping and buffering shall be approved by the Township. No trees or shrubs shall be permitted on slopes or banks for facilities constructed in fill. All detention and retention basins with permanent dry weather pools of water shall have a water depth to minimize propagation of mosquitoes and provided with mechanical aeration for water quality.

There will be no detention basins in the floodplain except for those on-stream and shall comply with all applicable regulations under the Flood Hazard Control Act, N.J.S.A. 58:16A-50, et seq., and the New Jersey Stormwater Management Act, N.J.S.A. 7:8, et seq.

Detention basins located in freshwater wetlands may be allowed only in accordance with the Freshwater Wetlands Protection Act, N.J.S.A. 13:9b-1, et seq., and any rules adopted pursuant thereto.

Responsibility for operation and maintenance of stormwater management facilities, including periodic removal and disposal of accumulated particular materials and debris, shall be determined at the time of development application review and will be identified in the resolution of approval. If this responsibility shall remain with owner or owners of the property, with permanent arrangements shall be made to pass them on to any successive owner unless assumed by a government agency. If portions of the land are sold, legally binding arrangements in the form of an agreement suitable to the Township Attorney shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the responsible person. The agreement shall be recorded by the applicant in the office of the County Clerk, with a recorded copy forwarded to the Township for record keeping purposes.

The applicant shall enter into an agreement with the Township (or County) to ensure the continued operation and maintenance of the facility. This agreement shall be in a form satisfactory to the Township Attorney, and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a Homeowners' Association or similar permanent entity shall be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

In instances where stormwater management facilities are to be owned and maintained by the Township, the following requirements apply:

The form of security for the maintenance of the facility shall be approved by the Township Attorney and Finance Office.

In instances where stormwater management facilities are privately owned, in the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the Township shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may proceed to do so and shall bill the cost thereof to the responsible person.

Stormwater management facilities shall be designed in accordance with the most current version of the NJ Stormwater Management Rules, NJAC 7:8. Low maintenance vegetative ground cover shall be utilized where possible. Where stormwater management systems utilize earthen berms or other containment structures, they shall be designed in accordance with the New Jersey Dam Safety Regulations, NJAC 7:20.

The purposes of the following floodplain regulations are:

The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the New Jersey Department of Environmental Protection, Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner, and at the landowner's expense, determine the precise location of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause, if requested the same to be marked on the ground and on the plat, and notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources, and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service; U.S. Corps of Engineers; and the New Jersey Department of Environmental Protection, Division of Water Resources may be sought to aid in delineating the flood hazard design elevation except that where State or Federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.

Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this article, plat approval has been granted, and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources where required by State Regulations.

Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.

The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.

Regulation of the flood fringe portion of the flood hazard area shall be consistent in the approving authority's determination with the criteria and standards promulgated by the New Jersey Department of Environmental Protection governing the flood fringe area.

The applicant shall submit maps, reports, and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of ground waters; does not require channel modification or relocation; does not require fill or the erection of structures; does not include the storage of equipment and materials.

Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater run off in the future based upon reasonable growth potential in the municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet rounded to the next highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of drainage easement shall extend 50 feet beyond the top bank on both sides of the drainage course.

Easements along rear property lines or elsewhere for utility installation may be required, but are discouraged. Such easements shall be at least 20 feet wide for one utility and five feet for each additional utility and be located in consultation with the companies, municipal departments concerned or other jurisdictional agencies and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

Within any land development applications for new single-family dwellings, residential additions, accessory structures, all agricultural, commercial, office, industrial, residential subdivisions and site plans where conservation values relating to scenic vistas, floodplains, wetlands and associated buffers, open space, historical areas, soil types, steep slopes, tree preservation, protection of watercourses, protection of endangered or threatened species habitat, protection of animal life and elimination of excessive noise are deemed to require special protection, said areas shall be located within a conservation easement accurately described on required forms and plats and dedicated to the Township of Millstone. All such easement dedications shall be in a form satisfactory to the Township Attorney. Such dedications shall be expressed on the plat as follows: "Conservation Easement dedicated to the Township of Millstone." Property owners will be required to sign a Notice of Conservation Easement Restrictions form, issued by Construction and Code Enforcement Offices, acknowledging the fact that they are aware their property contains a conservation easement which limits usage of that portion of the property.

All conservation easements shall be delineated in the field with rigid 3.5 inches by 3.5 inches plastic composite posts at a height of 3.5 feet above grade and shall be embedded in concrete. The posts shall be marked with a three inches by three inches anodized aluminum marker with a protective coating. The marker shall state "Conservation Easement" with a Millstone Township logo and applicable ordinance number and shall face the home. Markers may be purchased from the Township. The location of the conservation markers will be reviewed on a case by case basis at the discretion of the Planning Board and/or Township Engineer. At a minimum, conservation markers shall be installed at the intersection of the conservation easement with a property line and at a point midway between property lines. The location and height of the markers shall be shown on the plat and the markers themselves will be items incorporated into the developer's performance bond.

Conservation monuments on a subject lot shall be installed prior to the issuance of a Certificate of Occupancy. The Approving Agencies may waive the markers/post requirement for agricultural areas or other areas where they are determined to be not warranted.

The Planning Board in its discretion and where applicable may require the dedication of a strip or strips of land, a minimum of 15 feet in width around the interior perimeter of all or portions of a subdivision tract. The purpose and intent of said dedications being the preservation of wildlife corridors consistent with the Township's rural characteristics and agricultural pursuits. Such dedications shall be expressed on the plat as follows: "Wildlife Corridor dedicated to the Township of Millstone."

For the purpose and intent of promoting and developing a horse trail network in the Township, the Planning Board, pursuant to the Township Master Plan or at its discretion and where appropriate, may require the dedication via easement of a strip or strips of land, each a minimum of 15 feet in width, around the perimeter of all or portions of a subdivision or a site plan tract. Such dedications shall be expressed on the subdivision plat or site plan as "Horse Trail Easement dedicated to the Township of Millstone."

All horse trail easements shall be delineated in the field with rigid 4.0 inches by 4.0 inches plastic composite posts at a height of four feet above grade and shall be embedded in concrete. The interior posts shall be marked on two sides with a 3.5 inches by 3.5 inches anodized aluminum marker with a protective coating. The marker shall state "TRAIL" with a Township logo and applicable ordinance number and the signs shall face the trail. The entrance posts of each horse trail easement shall be marked with a 3.5 inches by 28 inches anodized aluminum markers with protective coating. These markers will have Township logo, applicable Ordinance Number and the trail name inscribed on them as approved by the Planning Board consultation with the Open Space and Farmland Preservation Council.

The specific locations of the horse trail markers shall be determined by the Planning Board during the subdivision or site plan review process on a case by case basis in consultation with the Planning Board Engineer and the Open Space and Farmland Preservation Council.

All interior and entrance posts and signs may be purchased from the Township. The location and height of the markers shall be shown on the final approved plans, and the markers themselves shall be items incorporated into the developer's performance bond. The easement delineation shall be installed and completed by the developer and approved by the Township Engineer prior to the issuance of a Certificate of Occupancy.

The following activities are prohibited in any Township easement unless zoning permits and approvals from the appropriate government agencies have been secured; altering stream courses; constructing dams or other obstructions to stream flow; filling in depressions, ponds, wetlands, marshes, and other aquatic features; excavating hills, filling in gullies or ravines, or otherwise altering the topography; cutting trees or removing vegetation; disposing of trash, oils, pesticides, chemicals, or other noxious materials; constructing structures of any kind, whether permanent or temporary; or making any changes to the existing environment within the easement.

With the exception of Township authorized vehicles and farm vehicles associated with an approved farming activity, no motorized vehicles are permitted within Conservation, Horse Trail or Wildlife Corridor Easement.

An Easement Use permit issued by the Code Enforcement Officer is required for any activity proposed in any easement including removal of a dead or hazardous tree, tree trimming or additional plantings. The permit review fee may be waived for a minor activity such as the removal of a hazardous tree. Failure to obtain an Easement Use permit prior to an activity within an easement shall cause issuance of a summons.

Landscape plans shall be prepared by a certified or licensed landscape architect unless a waiver from this requirement is granted by the Planning Board or Zoning Board of Adjustment, as the case may be, for relatively small development proposals. In any case, landscape plans shall conform to the following general design principles:

Street trees shall be provided along both sides of all streets, existing and newly constructed, and shall be in accordance with the Shade Tree Commission's recommendations for species selection. One of the following street tree planting concepts or an alternative concept shall be used subject to the approval of the Planning Board or Zoning Board, as the case may be:

Cul-de-sac and traffic control islands provide an opportunity to create visual interest, soften the harshness of a large paved area, increase groundwater recharge, screen headlight glare into residences and preserve existing vegetation.

Stormwater management areas include retention, infiltration and detention basins, drainage ditches, swales, and rain gardens. Sensitively designed basins and swales can benefit the health, welfare and safety of the community in an aesthetic and environmentally beneficial scheme. This may involve integration of these areas as aesthetic landscape features, naturalized rain garden areas or passive recreation areas in addition to their stormwater management function.

As a landscape feature and asset, open space is encouraged in all developments. The objectives of the landscape treatment of open space are to provide the opportunity and space for active and passive recreation, to protect and enhance the Township's natural amenities, such as wooded areas, water bodies, streams and greenways, and to reinforce the rural image of the community. All open space areas shall be designated as one of two types: preservation or recreation open space, as follows:

Landscaping or planted buffers are areas provided to minimize and screen any adverse impacts or nuisances on a site and/or from any adjacent area. The landscape architectural design may include planting, earth berms, fencing or walls provided as necessary to visually soften or screen nuisance elements and to enhance views. The following standards are provided for particular types of landscape buffers. The designer and the Planning Board or Zoning Board, as the case may be, shall consider the dimension of the landscape buffer, the existing vegetation to be preserved, and the topography along with the intensity of uses relative to these standards to determine the appropriate type of landscape design. The Planning Board or Zoning Board, as the case may be, may require a more or less significant landscape buffer if appropriate in order to protect the health, safety and welfare of adjacent residences or a nearby a residential zoning district.

The objectives of the landscape architectural treatment of all parking and loading areas shall be to provide for safe and convenient movement of vehicles, to limit pedestrian/vehicular conflicts, to limit paved areas, to provide for buffering along public rights-of-way, to soften the overall visual impact of parking lots and loading areas while, at the same time, providing shade and reducing heat impacts.

The objectives of landscape architectural treatment of pedestrian access shall be to promote free and safe movement of pedestrians and bicycles into, in between, and through the proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:

The objectives of landscape architectural treatment of sites inclusive of historic and natural resources shall be to preserve and enhance such amenities for present and future residents. Historic resources and natural amenities are areas of unique landscape character. This may include, but is not limited to, bodies of water, streams, wetlands, windbreaks, groves of trees, mature trees, hedgerows, orchards, unique vistas, farmsteads, villages and historic structures and landmarks. Land developments in the Township shall be designed to preserve and utilize these amenities as features. The architectural, site plan and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance. The following standards shall apply:

The following installation and performance and inspection principles and procedures should be applied to all landscape installations and shall be noted on all landscape plans:

Cut and fill slopes in soil should not be steeper than 3:1. In a rock cut, the slope should not be steeper than 1-1/2:1. Slopes steeper than 3:1 in soil shall be confined by a retaining wall, cribbing or other acceptable method. Terracing is permitted.

Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. "Cut-off" ditches may be utilized for this purpose.

The top of a cut of the bottom of a fill section shall not be closer than five feet to an adjoining property.

Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

Fill shall not encroach on natural watercourses, floodways or constructed channels unless otherwise approved.

Fills placed adjacent to a natural watercourse of constructed channel shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.

Grading shall not be done in such a way so as to divert water into the property of another landowner without the expressed consent of the other landowner and the Planning Board.

During grading operations, methods for dust control will be exercised.

During construction, slopes and embankments shall be stabilized by mulching with straw sprayed with asphalt mixture, or jute matting staked in position, or with a seeding of annual rye grass, or other acceptable method.

Upon completion of construction permanent cover of slopes and embankments shall be made of sod or a seeding of perennial rye grass, alfa fescue or creeping red fescue; or a planting of a ground cover such as: English Ivy, Myrtle, Hall's Japanese Honeysuckle, creeping red juniper, Virginia Creeper, Memorial Rose or Crown Vetch.

Any improved or newly constructed channel, swale, ditch, or watercourse whose flow exceeds a velocity of five feet per second based on a twenty-five-year storm frequency shall be protected by a concrete lining, rip-rap, or other suitable material. Calculations shall be submitted along with the soil erosion and sedimentation control plan showing the criteria used to determine the runoff and flow characteristics based on a fully developed area upstream.

Natural features such as trees, brooks, hilltops and vistas shall be preserved wherever possible in the design, layout, grading and construction of any subdivision.

To the greatest extent possible, site plans and subdivisions should be designed to balance on-site cut and fill volumes.

Removal of excess soil or importing of new soil to any property is also bound by the Provisions of Chapter 23, "Soil Removal and Import," of the Revised General Ordinances of the Township of Millstone which may require a separate permit.

Measures used to control erosion and reduced sedimentation shall as a minimum meet the standards, specifications and recommendations of the Freehold Soil Conservation District and the Township of Millstone. The following measures shall be included where applicable in the soil erosion and sedimentation control plan.

Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion.

Development shall preserve salient natural features, keeping outfill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

Whenever feasible, natural vegetation shall be retained, protected, and supplemented. Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns and dwellings and other authorized structures.

The disturbed area and the duration of exposure shall be kept to a practical minimum.

Disturbed soils shall be stabilized as quickly as practicable.

Temporary vegetation or mulching shall be used to protect exposed critical areas during development.

The permanent (final) vegetation and mechanical erosion control measurers shall be installed as soon as practical in the development.

Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary the rate of surface water runoff will be mechanically retarded.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.

Whenever sedimentation is caused by stripping vegetation regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses; and to repair any damage at his expense as quickly as possible.

Maintenance of all drainage facilities and watercourses within any major subdivision is the responsibility of the developer until they are accepted by the Township of Millstone or other approving agency.

It is the responsibility of any person doing any act on or across a communal stream, watercourse, swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed.

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood in any communal stream or watercourse without having obtained prior approval from the Township of Millstone and the New Jersey Department of Environmental Protection, Division of Water Resources.

Rights-of-way or easements, having a minimum width of 20 feet shall be provided for all drainage facilities and watercourses which are proposed for acceptance by the Township of Millstone or other official agency.

Each person who makes any surface changes shall be required to:

Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9,11(8). All lot corners shall be marked with a metal alloy pin of permanent character.

No topsoil shall be removed from areas intended for lawns, landscaping, open space or other areas where natural ground cover is proposed. Every development must take steps to protect topsoil from erosion, removal, or relocation, in accordance with standards of the Freehold Soils Conservation District and these provisions.

Topsoil shall not be removed from the site during construction, but shall be stored, stabilized in accordance with the standards of the Freehold Soils Conservation District, as amended, and subsequently redistributed to lawns, landscaping, open space, or other areas where natural ground cover is required.

Topsoil moved during the course of construction shall be redistributed to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this section of the Chapter will be considered as being complied with.

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

No topsoil shall be imported to any site until the following requirements are met.

Natural features such as trees, hill tops and views, natural terrain and natural drainage lines, shall be preserved whenever possible in designing any subdivision containing such features. Open water shall be recognized as community assets.

A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on a site. On individual lots or parcels, care shall be taken to preserve selected trees to enhance the landscape treatment of the development.

Performance guarantees may be required to complete improvements to lands to be deeded to the Township.

Lot dimensions and area shall not be less than the requirements of the zoning district.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved public street with a right-of-way of at least 50 feet in width.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter same in the minutes.

Water shall be furnished by the subdivider on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of 40 feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended. The well will be required to have a production of not less than six gallons per minute as established by bailor tests, and certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solutions and a sample collected by a local or State Health Department representative for bacteriological examination. A copy of the result of the above referred to bailor tests and bacteriological examination and a certificate from the local or State Health Officer that the owner has complied with the applicable local or state health regulations shall be submitted to the Township before the issuance of building permits in connection with each individual lot in the subdivision.

Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Health Department, or Township ordinances enforced by the Monmouth County Board of Health, whichever is more restrictive, and shall be subject to approval by the Monmouth County Board of Health.

Any property which contains slope areas in excess of five vertical feet in height and 15% or greater, (hereafter "steep slopes"), shall comply with the provisions set forth below. Notwithstanding the provisions hereof, all development applications must observe § 35-4-4.7, "Lot Area Requirements" and § 35-9-5, "Environmental Constraints on Development on Steep Slopes, Floodplains and Poorly Drained Soils."

The governing body finds that residential housing unit owners have experienced difficulty with maintaining steep slope areas adjacent to their homes, particularly where such steep slope areas are not naturally occurring and/or have recently been disturbed, thereby increasing the likelihood of erosion in periods of moderate or heavy rainfall. The purpose of these regulations is to create an adequate buffer area to minimize the adverse impact upon the homeowner of any inundation of eroded soil.

Existing and proposed lots with steep slopes shall be subject to the provisions of §§ 35-4-4.7 and 35-9-5 and the following design standards:

Steep slopes and steep slope buffer areas shall be maintained in an open space condition and:

Millstone Township desires to protect and preserve the scenic beauty and natural environment of the Township; prevent erosion of topsoil and sedimentation in waterways; ensure quality development; provide shade and wildlife habitat; reduce pollution; sequester carbon; reduce light pollution, and decrease noise. The primary intent of this section is to ensure that there will be a significant population of healthy trees within the Township. This section establishes permitting policies and procedures for removal and protection of trees, defines heritage trees and specifies penalties for violation.

The terms and provisions of this chapter shall apply as follows:

Two copies of a Tree Preservation and Removal Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application. Applications that require Planning Board or Zoning Board approval shall have a Tree Preservation and Removal Plan as part of the submittal to the Board and to the Township Shade Tree Commission for review and approval in accordance with this chapter. Tree Preservation and Removal Plans shall contain the following:

Existing Development:

Two copies of a Tree Replacement Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application and Tree Preservation and Removal Plan if the applicant proposes to remove trees located greater than 50 feet from the foundation of an existing residential dwelling, greater than 10 feet from the foundation of an accessory structure located on an existing residential property or greater than 50 feet from the foundation of a commercial building.

New Development:

Two copies of a Tree Replacement Plan shall be submitted to the Township Land Use Department with the Tree Removal Permit Application and Tree Preservation and Removal Plan if the applicant proposes to remove trees located greater than 50 feet from the foundation of a proposed residential dwelling or beyond the limits of the roadway, driveway and/or septic system.

Two copies of a Tree Replacement Plan or Landscape Plan in accordance with both subsections 35-11-25.6 and 35-11-25.10 below and Section 35-11-14 of the Municipal Code shall be submitted to the Planning Board/Board of Adjustment Secretary with the Tree Removal Permit Application and Tree Preservation and Removal Plan for any application, residential or commercial, that requires Planning Board or Zoning Board approval, proposing removal of trees located greater than 50 feet from the foundation of the residential dwelling or commercial building or beyond the limits of the roadway, driveway, and/or septic system as applicable per Township of Millstone Code subsection 35-11-25.3c.

The Tree Replacement Plan shall contain the following:

Two copies of a survey showing the current condition of the property, identifying the following:

Any and all permits approved by the Township shall be declared null and void if the tree removal is not completed within 12 months after permit issuance. Permits not used within the twelve-month period will require a new application and the payment of new fees. For purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.

The following actions are prohibited and shall be a violation of this article:

A summons alleging a violation of this section may be issued by the Millstone Township Code Enforcement Officer or by any law enforcement officer. Alternatively, any individual may file a complaint with the Millstone Township Municipal Court, which shall issue a summons in accordance with the New Jersey Rules of Court.

Nothing in this article shall be deemed to impose any liability upon the Township or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under his/her control in a safe condition.

Any person(s) who is found to be in violation of the provisions of this article, including those listed in Prohibited Acts, shall be subject to comply with the replacement requirements of this section and be subject to the penalties set forth in Chapter 1, § 1-5, of this Code. Each tree removed, damaged or destroyed in violation of this section will constitute a separate offense and shall be punishable as such. In the event that a tree(s) has been removed, including stump(s), without a valid Tree Removal Permit, an estimate based on a representative sample of trees in an adjacent area, selected at the discretion of the Township Zoning Officer, shall be utilized to determine the fine.

For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to unimproved land then being commercially farmed or suitable therefor, the Planning Board shall require an applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every contract for and deed conveying all or any portion of the lands thereby subdivided, as well as filed final subdivision maps, the following record notice to and waiver by grantees of such present or future proximate farming uses, which such provision shall be made to run with the land:

"Grantee hereby acknowledges notices that there are presently or may in the future be farm uses adjacent or in close proximity to the above-described premises from which may emanate noise or odors, and, by acceptance of this conveyance, Grantee does hereby waive objection to such activities. Nothing herein shall be deemed to warrant that the property shall remain a farm or otherwise undeveloped."

Recognizing the need for preventive maintenance to insure the continued useful life of existing structures which, as part of the major subdivision process are identified by the Planning Board as worthy of maintenance and/or restoration, ("identified structures"), the governing body of the Township hereby declares that code enforcement in relation to identified structures is a high municipal priority.

In the event that any identified structure deteriorates to the point that, in the best estimate of the municipal Construction Code Official, the cost of correcting the outstanding code violations equals more than 15% of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the identified structure listing the violations, the estimate for their abatement, the replacement cost of the improvement and stating if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Code Official shall for good cause grant, the Municipality may at the expiration of the ninety-day period, enter upon the property in question, abate the violations itself and cause the cost thereof to become a lien on the property or to reimburse itself from any performance guarantee posted for such purpose.

Upon receipt of such notice from the municipal Construction Code Official, the owner may, within 10 days after such a receipt, notify the Construction Code Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Planning Board and shall, so far as possible, be a formal adversary proceeding in which the Construction Code Official shall establish the matters alleged in the notice by a preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in § 35-11-28.1 in this section shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 35-11-28.1 of this section.

Thereafter, if the owner of the identified structure does not comply, the Construction Code Official may enter into the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

The Construction Code Official shall then certify to the Township committee the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present same to the Township Committee.

The Township Committee may, by resolution, vote to cause the sum so certified to become a lien upon the property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes, unless the Township is reimbursed from any performance guarantee posted for that purpose.

The Township Committee finds that historic pesticide contamination has become a concern within the Township. Site investigation and soil sampling shall be conducted for all development applications prior to any Board approval, the purpose of which shall be to determine if contamination is present at levels exceeding the New Jersey Department of Environmental Protection Soil Cleanup Criteria.

Prior to any development application being deemed complete by either the Township Planning Board or Zoning Board of Adjustment, including major or minor subdivision and site plan approvals, all of the soil testing requirements outlined in this section shall be filed as part of the application. This requirement shall exempt use variance applications, signage applications, bulk variances for decks, porches, etc., required for existing uses, minor subdivisions which create no new lots, site plan waivers, minor revisions to existing sites, and sites for which final approval has been granted. The Board Engineer and Millstone Township Environmental Commission shall review and comment on the results of the soil testing. The testing results shall be used as evidence in the case before the Board. Remediation of any contamination found on the proposed site shall be completed prior to site development. Failure of an applicant to fully comply with any part of the provisions as outlined in this section shall result in the denial of the application. Per N.J.S.A. 40:48-2.57, this section shall not apply to any property for which any person is conducting actions related to historic pesticide contamination under the oversight of the Department of Environmental Protection, provided that such person, as a condition of any development approval by the Township, obtains a full site no further action letter from the Department.

Prior to any development application being deemed complete by either the Township Planning Board or Zoning Board of Adjustment, including major or minor subdivision and site plan approvals, a threatened and endangered species investigation as outlined in this section shall be filed as part of the application. This requirement shall not apply to use variance applications, signage applications, bulk variances for decks, porches, etc., required for existing uses, site plan waivers, minor revisions to existing sites, and sites for which final approval has been granted. Any person or business entity required to complete a Tree Clearing Application in accordance with § 35-11-32 of this ordinance shall be required to perform a threatened and endangered species investigation as outlined within that section. The Board Engineer and the Millstone Township Environmental Commission shall review and comment on the results of the threatened and endangered species investigation. Failure of an applicant to fully comply with any part of the provisions as outlined in this section shall result in the denial of the application.

An applicant may request conditional completeness of an application from the Board. This may be granted in the case that the optimum timing to complete the survey is incongruent with the readiness of the application.

Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MONL- 2501-15" shall be exempt from § 35-11-33 and subject to all applicable NJDEP rules and regulations.

The Board Engineer and the Millstone Township Environmental Commission shall review and provide recommendation to the Board on the results of the threatened and endangered species investigation. Should the Board feel the need to retain their own qualified survey or to review the survey results or perform an additional survey, the applicant shall post an additional escrow amount to cover such costs.

In the event that a threatened and/or endangered species or suitable habitat is identified on the subject property, the following minimum protective measures shall be required: