Ocean Township Ocean County, NJ Zoning Ordinance

Any residential use having three or more dwelling units.

Any nonresidential use, other than a home occupation or home professional office, having an off-street parking requirement of five or more spaces.

Uses requiring a new street or off-site improvements.

Alterations or enlargements of the above uses or structures which would increase the gross floor area by 1,500 square feet or more would increase the lot coverage of the use by 50% or more, or would increase off-street parking requirements by five or more spaces.

Any conditional use, except that with regard to home occupation, home professional offices, and accessory apartments, where allowed, the Planning Board may waive major site plan requirements upon submission by the applicant of a letter requesting such waiver, stating reasons for requesting a waiver.

Any use variance.

Minor site plans. All uses not requiring major site plan approval.

§ 410-130 Preliminary major site plan application procedure.

Thirteen black-on-white prints of the preliminary site plan and five sets of preliminary architectural drawings and elevations, together with 13 completed application forms for preliminary major site plan approval and fees as required under Article XX of this chapter shall be submitted to the administrative offices of the Planning Board.

The preliminary site plans and documentation shall contain all of the information required under § 410-134, and such period of time, longer than three years, as shall be determined by the nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and so that the Planning Board may make an informed decision upon the development application.

After determination that complete application has been submitted, the administrative officer shall forward copies of the preliminary site plan to the Township Engineer, the Ocean County Soil Conservation District, the Township Board of Health, the Township Board of Assessors, the Township Police Department, the Township Zoning Officer and such other municipal, county or state officials or agencies as may be necessary for their review and recommendations to the Planning Board by the administrative officer forthwith upon the filing of the application and documentation. Each municipal recipient of the documentation distributed in accordance with this provision shall provide written report and recommendations to the Planning Board prior to the hearing date. In addition to the written reports herein called for, any municipal commission, board, body or official shall have the right to appear at the hearing and give testimony and produce evidence in support of its report and recommendations. If any municipal board or body does not submit a written report prior to the date fixed for the hearing the Planning Board shall assume that the municipal board, body or official has no recommendations and no objections to the proposed site plan. In considering the application and making determination following the hearing, the Planning Board shall give due consideration to the report and recommendations of any municipal board, body or official, as herein provided.

Upon submission of a complete application to the administrative officer of the Planning Board for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

As part of its action with respect to a preliminary major site plan application, the Planning Board shall determine if a performance guaranty will be ultimately required prior to final site plan approval. If the Planning Board acts favorably on a preliminary site plan, with or without conditions, a notification to that effect shall be made on the plan, and it shall be returned to the developer for compliance with final approval requirements. If the Planning Board disapproves a preliminary site plan, the reason for such action shall be noted on the plan and returned to the developer.

If the Planning Board shall require any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.

§ 410-131 Effect of preliminary major site plan approval.

Preliminary approval of a site plan pursuant this chapter shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of the preliminary approval is adopted:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; lot and building requirements; and requirements with respect to on-site and off-site improvements, including standards for their provision; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan; and

That the applicant may apply for and the municipal board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if design standards affecting the health, safety and welfare of the citizens and residents of Ocean Township has been revised by ordinance, such revised standards may govern.

In the case of a site plan for an area of 50 acres or more, the municipal board may grant the rights referred to in Subsection A of this section for such period of time, longer than three years, as shall be determined by the board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the municipal board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (3) economic conditions; and (4) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A or B of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer/applicant may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied properly for and diligently pursued the required approvals. A developer shall apply for the extension before: what would otherwise be the expiration date of preliminary approval; or the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A(3) of this section.

§ 410-132 Final major site plan application procedure.

Thirteen black-on-white prints of the final site plan, drawn to the specifications pursuant to § 410-134 together with all necessary documentation, 13 completed application forms for final site plan approval, the fees as required in Article XX of this chapter and a performance guaranty, if required, in the amount sufficient to ensure the completion of the improvements required under this section shall be submitted to the administrative officer.

The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established in this chapter for final approval and the conditions of preliminary approval; provided that in the case of a planned unit development, planned unit residential development or residential cluster, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

Final approval shall be granted or deemed within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.

Prior to an action being taken, however, a certification by the Township Engineer and attorney shall be received by the Planning Board stating that the performance guaranty, if required, has been approved as to form and amount to assure completion of all required improvements. If the Planning Board acts favorably on a final site plan, with or without conditions, a notation to that effect shall be made on the plan, and it shall be returned to the developer.

§ 410-133 Effect of final major site plan approval.

The zoning requirements applicable to the preliminary approval first granted (site plan) and all other rights conferred upon the developer pursuant to Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49), whether conditional or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision, the rights conferred by this chapter shall expire if the plat has not been duly recorded within the time period provided in Section 42 of P.L. 1975, c.291 (N.J.S.A. 40:55D-54). If the developer has followed the standards prescribed for final approval, has duly recorded the plat as required in Section 42 of P.L. 1975, c.291, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this Act, the granting of final approval terminates the time period of preliminary approval pursuant to Section 37 of P.L. 1975, c.291 (N.J.S.A. 40:55D-49) for the section granting final approval.

In the case of a site plan for a planned development of 50 acres or more, conventional site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.

Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before: what would otherwise be the expiration date of final approval; or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this in this section shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.

§ 410-134 Requirements for major site plan applications.

[Amended by Ord. No. 2000-2]

A major site plan shall be clearly and legibly drawn and dimensioned as follows:

A scale no less than one inch equals 50 feet shall be used.

Maximum sheet size shall be 30 inches by 42 inches, all sheets shall be of the same size.

All plan dimensions shall be in feet and in decimals of foot.

All bearings shall be given to the nearest 10 seconds; the error of closure shall not exceed one in 10,000.

The site plan shall be drawn by a land surveyor or professional engineer licensed in the State of New Jersey.

The following information shall be shown on or included in the site plan:

Title block. The title block shall appear on all sheets and shall include:

Title of "site plan."

Name, if any.

Tax Map sheet, block and lot number(s) of the tract as shown on the latest Township Tax Map.

Acreage of tract, to the nearest tenth of an acre.

Date of original and of all revisions.

Names and addresses of owner and developer so designated.

A schedule shall be placed on the map indicating the acreage of the tract, the zone and the minimum required lot areas, setbacks, yards and dimensions.

Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.

A key map, at a scale of one inch equals 1,000 feet, showing the location of the tract with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any Township boundary which is within 500 feet of the site.

Names of all owners of any property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township.

The plat shall be based on a current, certified boundary survey. Date of the survey and the name of the person making same shall be shown on the map.

Existing one-foot-interval contours based on United States Coast and Geodetic Survey datum (MSL-0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used. The source of elevation base shall be noted.

All existing streets, watercourses, floodplains, floodways and flood areas within the proposed site and within 200 feet of the boundaries thereof both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the site.

All existing structures and an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.

(8)

The boundaries, nature and extent of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed site and within the proposed site and within 200 feet thereof.

(9)

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed site. The proposed streets shall show the right-of-way and proposed pavement width.

The existing system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

The acreage of the drainage area or areas of each natural or man-made watercourse traversing the site, including the area within the site and the area up stream from the site.

North arrow; written and graphic scales.

Utility layouts showing methods of connection and sources of service.

The proposed location and area, in acres or square feet, of all required or proposed open space areas.

On-site grading and drainage plan.

The plat shall show or be accompanied by a grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention and recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except that if slopes exceed 5%, a two-foot interval may be used.

The plan shall outline the approximate area contributing to each inlet.

All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and of all watercourses shall be shown.

The grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth herein.

Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

The plan shall consist of an outline of the entire drainage basin which the property is located. The terminus of the basin and existing ground contours or other basins for determining basin limits shall be shown.

Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.

Profiles showing all proposed drainage, all existing and proposed finished roadway grades; channel section details, pipe sizes, type, inverts; road crowns and slopes; all other proposed drainage structures and connections.

Sectionalization and staging plan. The plat shall be accompanied by a sectionalization and staging plan, if applicable, showing the following:

If the site is proposed to be constructed in sections, the plan shall show each such section. The staging of the various sections shall be such that if development were to be discontinued after the completion of any section the developed portion would be provided with adequate street drainage and utility systems. The size and staging of each section shall be established to promote orderly development and shall be subject to the approval of the municipal board.

During construction of the development, the developer shall fully comply with the sectionalization and staging plan in accordance with the preliminary approval. If for any reason the developer does not fully comply with the approved sectionalization and staging plan, no building permits shall be issued until such time as the developer makes application to and receives approval from the municipal board for a revised staging and sectionalization plan. The municipal board may modify the plan and pose time restrictions or require the developer to construct the development in accordance with the approved staging and sectionalization plan. The developer shall be required at the time of filing the revised plan with the municipal board to pay a nonrefundable application fee in the amount of $300.

(19)

The map must include certification for the signatures of the chairperson, secretary and engineer of the municipal board.

(20)

Proposed spot or finished elevations at all property corners, curb, corners of all proposed structures, first-floor elevation of all proposed structures and those to remain, and drainage arrows designating direction of overland drainage flow; and the proposed use or uses of land and all structures.

(21)

Complete construction details for all structures, including but not limited to manholes, inlets, headwalls, yard drains, culverts, bridges and pumping stations.

(22)

Detailed utility layouts and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, the detailed layouts of gas, electric and telephone lines are not required. Layout shall include proposed location of fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.

(23)

The limits of all areas proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.

(24)

The distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.

(25)

The vehicular circulation pattern on site and the means of ingress and egress of the development showing, in particular, the size and location of driveways and curb cuts, walkways, the proposed traffic channels, acceleration and deceleration lanes, if any, and any other means of controlling vehicular and pedestrian traffic.

(26)

The location and design of any on-site parking areas or loading areas, showing size and location of spaces, bays, aisles and barriers.

(27)

The location, direction of illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting, to be expressed m average horizontal footcandles.

(28)

The location, size, type and height of directional, regulatory or advisory signs or pavement markings.

(29)

The location and use of existing structures within 100 feet of the tract boundaries.

(30)

A landscape plan, prepared by a certified landscape architect in accordance with the provisions of § 410-135C, and the following: the plan shall be prepared on a halftone copy of the engineer's grading plan, showing existing and proposed grades and shall indicate the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, ground cover and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of 10 years after installation, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root and quality for all proposed plantings. The plan shall include a yearly maintenance schedule for all landscape areas. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. The final landscape plan shall be subject to comments and suggestions of the Land Use Board.

(31)

The location of driveways within 100 feet of the site boundaries.

(32)

The location and type of garbage and refuse disposal facilities.

(33)

Soil erosion and sedimentation control plans shall be submitted pursuant to P.L. 1975, c.251, the Soil Erosion and Sedimentation Control Act.[1]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

(34)

Locations and type of the nearest and/or proposed fire hydrants and sprinkler connections.

The following shall accompany and be submitted as part of the major site plan:

The method of sewage and solid waste disposal shall be described, with percolation tests and soil borings to a depth of four feet below the septic facility where septic tanks and leaching fields are proposed.

Preliminary architectural plans and elevations of proposed structures and buildings.

Copies of any existing or proposed covenants or deed restrictions applying to the site or certification that none exist.

Evidence of required approvals:

Utilities authority approval.

Ocean County Planning Board approval, where required.

Final state and/or municipal wetlands approval, where required.

Soil disturbance permit.

Final state floodplain approval, where required.

Proof of payment of real estate taxes.

Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township and its agencies, employees and agents from any liability for any acts of the developer or his/her agents, contractors or employees in the implementing of the approved plan. The developer, at his/her option, may provide a statement that such evidence will be provided simultaneously with the provision of bonds and fees, but in no event will any signatures be affixed to the final plat until such evidence is provided. The insurance policy shall provide for 10 days' notice to the Township prior to cancellation.

An affidavit setting forth the names and addresses of all the record title owners of the lands proposed to be subdivided by said map and the consent in writing of all such owners to the approval of such map shall accompany the final plat or be shown thereon.

(8)

Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection under the Coastal Area Facility Review Act and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt prom the Act.

(9)

Copy of the certificate of filing or any other document concerning the proposed development received by the applicant from the Pinelands Commission for development in the Pinelands area.

Such other submittals as may be required by state or local law. Unless other specific provisions are made in this chapter or by statute, all approvals required of federal, state, county and local agencies or officials shall be obtained and evidence thereof filed with the board prior to approval of a final site plan. This shall include but is not limited to:

Riparian grants and licenses.

Construction permits.

Highway drainage and access permits.

A written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards; in addition, a description of the proposed number of shifts, if shift work operation is contemplated together with a projection of the maximum number of employees per shift or, where shift work is not contemplated, then a projection of the proposed hours of operation for commercial use.

§ 410-135 Design and approval standards.

[Amended by Ord. No. 2000-2; Ord. No. 2003-38]

Applications for site plan approval by the municipal board having jurisdiction shall conform to the following standards and requirements as applicable to the particular application:

Physical improvements shall be designed in accordance with the applicable design standards set forth in Article V of this chapter and any other applicable standards adopted by the Township Committee or recommended by the Township Engineer.

In addition, the site plan shall be designed in accordance with the following general criteria:

That all parking and traffic problems shall be kept at a minimum by the use of engineering design features such as acceleration and deceleration lanes, jug handles, and marginal access streets;

That adequate provisions are made so as to prevent any drainage problem;

That a reasonable screening at all seasons of the year, of all playgrounds, parking and service areas, from the view of adjacent properties and streets be provided where necessary, for the purpose of protecting the health, safety and general welfare, comfort and convenience of the public;

That the location, power, directions and time of any outdoor lighting will not have an adverse effect upon any properties in such districts;

That the details of the site plan for the authorized use will be such that the operation will not offend the public interests.

Landscaping.

All applicants shall submit a complete landscaping plan, designed, prepared and duly signed by a certified landscaped architect. The landscaping plan shall specify the location of all planting material, their minimum sizes, quantity and variety in species by botanical and common name. The landscaping plan shall show the location of all existing shade trees of eight inches caliper or greater, measured three feet above ground level, and of all existing ornamental trees of four inches caliper or greater, measured one foot above ground level and shall show all trees which necessarily shall be removed.

An owner, developer or his/her agent shall not be permitted to excavate land or remove trees, shrubs or other plantings from a proposed building site or tract of land on which an application is pending before the Township's Land Use Board until a landscaping plan has been reviewed by the board, except that 10% the trees and plantings of any tract may be removed to facilitate preliminary engineering associated with an application by the developer to the Ocean Township Land Use Board.

All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks but must conform in all other aspects with the provisions for trees and tree plantings outlined in this chapter.

All trees planted pursuant to this chapter shall be planted in a dormant state. The average trunk diameter measured at a height of one foot above the finished grade level shall be a minimum of two inches, depending on good practice with a reference to the particular species to be planted.

Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the Township's land use engineer. In a newly planted area, only one type of tree may be used on any given street, unless otherwise specified by the Land Use Board.

In areas adjacent to rivers, bays and lagoons, plantings shall be one of the following kind of trees, the maximum size and characteristics of which follows:

Honey locust (Gleditsia triacanthos inermis): 60 to 70 feet high, fragrant white flowers late in spring, grows well in poor soil, resists salt spray.

Oriental plane (Platanus orientalis): 70 to 80 feet tall; rapid growing shade trees; pyramid shaped top.

Willow (Salix babylonica): 40 to 50 feet high; its long pendulous branches grow rapidly; especially when close to water.

Canoe birch (Betula papyrifera): 50 to 60 feet tall; stately with grey white bark; fast growing.

European white birch (Betula alba pendula): 40 to 50 feet high; graceful lacy leaves and drooping branches.

Japanese cherry (Prunus kwanzan): 30 to 40 feet high; large double-deep pink pendulous flowers clustering among the leaves in May; vase form.

Hawthorn (Crataegus): 12 to 15 feet high; produces a mass of scarlet double flowers in June and colorful red fruit in winter.

In the uplands away from rivers, bays and lagoons and not adjacent to large bodies of water, plantings shall be one of the following kinds of trees, maximum size and characteristics of which follows:

Pin oak (Quercus palustris): 75 to 90 feet high; shiny foliage; long lived; turns scarlet in fall; broad pyramid shape.

Norway maple (Acer platanoides): 60 to 70 feet high; leaves turn yellow in fall; globe-shaped top.

Honey locust (Gleditsia triacanthos intermis): 60 to 70 feet high; fragrant white flowers; grows well in gravel or sandy soil; broad-spreading top.

Crabapple (Malus): 12 to 15 feet high; pink or red flowers; broad umbrella top; usually as wide as high a good park tree.

European mountain ash (Sorbus aucuparia): 25 to 30 feet high; great clusters of orange scarlet berries; upright oval shape.

Dogwood (Cornus florida, white) and (Florida rubra, pink): 25 to 30 feet high; pink or white flowers in early spring; red berries and rich red foliage in fall.

European which birch (Betula alba pendula): 40 to 50 feet high, lace-like leaves; paper-white bark; tall column.

In the waterfront property and property in the vicinity of large bodies of water not covered by the above, plantings shall be one of the following kinds of trees, the maximum size and characteristics of which follows:

Bolleana poplar (Populus bolleana): 75 to 90 feet tall; grows stately; salt resistant.

Carolina poplar (Populus eugenei): 75 to 90 feet tall; exceedingly rapid-growing shade tree; thrives in dry conditions.

Oriental plane (Platanus orientalis): 75 to 90 feet tall; rapid-growing shade tree of pyramid habit.

African tamarisk (Tamarix africana): 12 to 15 feet tall; drooping panicles of attractive pink flowers in spring and feathery gray foliage.

Smoke tree (Rhus cotinus): 12 to 15 feet tall; carries great mass at filmy purple flowers in July.

Almey crab: 12 to 15 feet tall; fiery crimson flowers; very hardy; maroon-colored fruit of spreading habit.

Hopa crab: 12 to 15 feet tall; rosy red flowers; red fruit; attractive purple foliage; upright vase-shaped growth.

Bechtel crab: 12 to 18 feet tall; with large double fragrant pink flowers, which resemble small roses in early May; upright growth.

(8)

Rights-of-way and access drives. As a part of said landscaping plan, the applicant and/or developer shall plant, along both sides of said streets, proper shade and/or decorative trees at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on the final plot. Such plantings shall not be required within site easements. All trees planted in accordance with the provisions of this chapter shall be placed in a proper manner and in a good grade of topsoil within the area of the tree well, at the point where the tree is planted.

(9)

Parking areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking area. The design of all parking areas shall comply with the requirements of Article VI, Off-Street Parking and Loading, of this chapter with landscape architectural treatment provided as follows:

Shade trees within the parking area shall be provided at a minimum rate of one tree for every five parking spaces. Preservation or relocation of existing trees greater than four inches diameter at breast height ("dbh") is encouraged to meet this requirement. Landscape buffer area plantings are not to be considered to satisfy this requirement.

In the islands provided at the end of individual rows of parking spaces between access roads or aisles, planting shall be provided to buffer the view of parked oars, provide shade and cover the ground plane. The use of excessive quantities of unplanted bark or stone mulch shall be avoided.

Landscaping in parking and loading areas shall be staggered and/or spaced so as not to interfere with driver vision and have branches no lower than six feet. All areas between the parking area and the building shall be landscaped.

Plant size shall be a minimum of two to 2 1/2 inches caliper measured one foot above grade for shade trees and two to 2 1/2 feet in height for shrubs. The spacing of shrubs provided as a buffer shall be as necessary to provide a continuous hedge or mass with plants touching at the time of installation, and species shall include, but not be limited to: Euonymus alatus compactus; Myrica pensylvanica; Ilex glabra compacta; or any other species.

Large parking areas shall be subdivided into modules. Separation of modules should be achieved by a landscape island of a minimum width of 10 feet. Integration of pedestrian walkways within this island, aligned with building entrances or focal points, is encouraged and should be considered.

Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials.

Parking lot lighting should be sited within landscape islands. Trees shall not hinder safe lighting coverage. Tree varieties and light photometries and locations must be considered. Shade trees should be used to reduce glare to adjacent properties, buildings and roadways.

Green space. Green space is that area located generally between the building improvements, and the parking lot or any required buffering. The landscape plan for all site submissions shall address the planting of all green space in accordance with the standards set forth in this chapter. In the site planning process, the provision and landscaping of green space or planting areas should be considered to enhance the visual quantity of a site and provide spatial or directional definition as follows:

Planting areas around small office, commercial, and industrial buildings (buildings less than 10,000 square feet in area), shall be designed to the building's architecture and use, and provide for both pedestrian and vehicular access. To provide immediate buffering and visual relief, a combination of shade trees, ornamental trees and shrubs shall be provided near the perimeter of the building, and between the building and parking areas. No minimum quantities are specified; however, the intent is to provide an aesthetically pleasing facade to proposed buildings. The designer and the board should consider the dimension of the landscape area along the proposed use of the site to determine the appropriate landscape buffer.

For large office, commercial, and industrial buildings (buildings of 10,000 square feet or larger) larger-size trees shall be provided near the building perimeter (within 75 feet). The quantity of trees shall be equal to one tree for every 40 feet of general building perimeter.

The tree size shall be based upon the height of the building as follows:[1]

Building Height

(stories/feet)

Tree Size

(caliper in inches*)

	NOTE:
	*	Measured one foot above grade.

Editor's Note: As in original, table includes no content.

These trees shall be located in a manner consistent with architectural and site design and shall provide maximum visual impact. Preserved or relocated existing vegetation may be utilized to meet this requirement.

Buffers. Landscape buffers are planting, berms, grading, fences and/or walls provided within the landscape buffer area as designated in Article V of this chapter, or as necessary, to visually soften, screen and/or enhance views and minimize and/or separate any adverse impacts or nuisances from adjacent properties or roads. Consideration should be given to the dimensions of a landscaper buffer area, existing vegetation, structures, topography, intensity and type of land use to determine the appropriate landscape buffer. The following standards are provided for particular types of buffer areas:

Nuisance landscape buffer. This type of landscape buffer is appropriate in buffer areas provided between commercial or residential uses and adjacent commercial or different residential uses or zones where a continuous visual screen is appropriate. The following standard shall apply:

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board deems it appropriate, supplemental planting should be provided to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated in the landscape plan. A minimum of six feet to eight feet for evergreen tree, two feet to 2 1/2 feet for shrubs and a minimum caliper of two inches to 2 1/2 inches, measured one foot above grade for shade trees, shall be specified for all supplemental plantings.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fences or walls as appropriate. Berms, fences or walls shall be provided at a height of four feet to six feet or as necessary to provide a visual screen. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide a complete visual screen and be aesthetically pleasing from all sides. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided, a decreased quantity of planting may be provided at the discretion of the board. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	12	6 feet to 8 feet in height
Shade trees	3	2 inches to 2 1/2 inches
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	As required	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade

Filtered buffer. This type of landscape buffer is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular, this type of buffer shall be provided around the perimeter of a site which abuts a lane, street, road, highway or adjacent site and where complete visual screen is not appropriate. A buffer shall be provided to screen unsafe distractions such as glaze from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board deems it appropriate, supplement planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of six to eight feet for evergreen trees, two to 2 1/2 feet for shrubs, six to seven feet and one to 1 1/2 inches caliper, measured one foot above grade, for ornamental trees and a minimum caliper of two to 2 1/2 inches, measured one foot above grade, for shade trees shall be specified for all supplemental plantings.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided a decreased quantity of planting may be provided at the discretion of the board. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 to 8 feet in height
Shade trees	4	2 to 2 1/2 inches caliper*
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	55	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade.

Windbreak/heavy/screening. This type of buffer is appropriate in buffer areas where the additional need of a windbreak to stop windborne debris from leaving a site is necessary or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading area or solid waste disposal facilities (dumpsters) or when an undersized buffer area is provided and the standards specified in Subsection C(5)(a), nuisance landscape buffer, are not sufficient at the discretion of the board. The following standards shall apply:

Provide a fence, wall or planting which will create a dense complete visual screen. The height of the fence, wall or planting should be designed relative to the facility being screened and shall be subject to the approval of the board. The general design, form and materials of fences or walls should relate to the overall design and the materials utilized for other structures on the site or neighborhood and be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.

If planting alone is provided, then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas and shall be subject to the approval of the board.

The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

The applicant shall provide an irrigation system to all landscape areas.

All disturbed areas not landscaped in accordance with the preceding shall be seeded or sodded.

Alternate forms of landscape treatments, such as decorative stone ground cover, shall be considered by the board on a case-by-case basis.

Tree holes. A hole in which a tree is to be planted shall be, in each case, one-third larger in width and in depth that the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.

Applicant shall post a performance guarantee in accordance with § 410-137 to guarantee the installation of all landscaping. The amount of guarantee shall be as estimated by the Township Engineer.

In the maintenance bond required by the municipality, provision shall be made to cover the replacement of all landscaping, which may die during the maintenance bond period.

Site maintenance.

Site maintenance shall include irrigation of all plantings, removal and replacement of dead trees and shrubs, removal of wind blown trash and leaves, upkeep of all landscape areas, maintenance of fences, walls or berms, weed control and all lawn care. Site maintenance shall also include the removal and replacement of all trees and shrubs destroyed during storm events. Generally, under site maintenance, the site must be maintained in the same visual and aesthetically pleasing condition as was approved by the Land Use Board under site plan approval.

While the site is under maintenance bond, the applicant shall be responsible for all site maintenance. Thereafter, in perpetuity, site maintenance shall be the responsibility of the property owner.

Trees and shrubs being replaced, at a minimum, shall be replaced at the initial size stipulated in this section.

Failure of the applicant, or any subsequent owner to maintain the landscape plan, as approved by the Township's Land Use Board, shall be considered a violation of the approved site plan.

Any site plan hereinafter approved with a landscape plan shall include a provision in writing that failure to maintain the landscaping, as approved in said plan, shall be deemed a violation thereof.

All proposed decreases in site plan approved landscaping, including tree and shrub removal, must be approved by the Land Use Board. This does not include replacement of dead trees and shrubs.

Commercial design standards.

Purpose.

This subsection addresses building style, materials, color and site issues in an effort to develop a defined architectural character for the commercial zones of the Township. These standards shall apply to new construction as well as to existing buildings seeking approval for expansion and/or renovation within the subject zones.

The design elements included herein are intended to encourage architectural quality that is human-scaled and visually appealing within the context of the building style and theme identified by the Township. Such issues are especially critical at this stage in Ocean Township's growth process, as the Township has the unique opportunity to guide development that will harmonize with its varied natural environment.

These standards shall be construed as minimums. Developers are encouraged to exceed such minimums to the extent appropriate to the size and scale of the development proposed.

Interpretation.

The Township Land Use Board shall have the sole authority for the interpretation, clarification or application of any provision of these standards. Such interpretation, clarification or application shall be made in accordance with Subsection D(1) herein.

Applicability.

All applications for development, expansion or renovations of commercial property within the C-1 and C-2 Zones shall comply with the following design standards.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Submission requirements.

Applicants seeking Land Use Board approval for development, expansion or renovations of commercial property with the C-1 and C-2 Zones shall, in addition to any requirements found elsewhere in the Township's land development ordinance, submit full-color renderings depicting each building elevation which may be visible from a public right-of-way or an adjacent parcel. Said renderings shall be from the pedestrian perspective, and shall be sufficient in scope and detail to represent the view a pedestrian or driver may see from that specific direction.[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Applicants seeking Land Use Board approval as indicated shall submit a cross-section profile of the proposed development sufficient to indicate the relationships of the various components of the proposed development to each other. Such relationships shall include, but need not be limited to, height, massing and distance between buildings.

A landscaping plan, produced by a New Jersey licensed landscape architect, is required for all development as indicated herein. Such plan shall include all plant materials, landscaping, streetscaping and hardscaping, lighting and other applicable elements proposed for the development in question.

Samples of proposed building siding, roof shingles, hardscaped pavers and other appropriate materials governed by these design standards, as well as catalogue details for lighting, signage and similar building and site elements, shall be submitted to the Land Use Board at time of application. The Land Use Board shall have the sole authority for determining conformance of these materials to the intent of these design standards in accordance with Subsection D(1) herein.

Design standards.

Sidewalks.

All development along a right-of-way shall incorporate a minimum four-foot wide public sidewalk adjacent to the right-of-way. For development on Route 9, sidewalks shall be located within the right-of-way at a minimum of one foot off of the property line.

Such sidewalks shall connect with sidewalks on contiguous properties, or shall be designed to make such a connection where no contiguous sidewalks exist in order to provide for a continuous pedestrian pathway along public streets.

Sidewalks shall not be linear along a single plane, but shall be designed to gently meander along the length of the property's street frontage in order to provide visual interest to the area as well as to avoid existing utilities, street signage or other obstructions.

To provide for internal pedestrian circulation and access to buildings from the aforementioned sidewalks along the right-of-way, all such sidewalks shall connect to the building entrances by means of a perpendicular sidewalk "branch" of similar materials and design.

Sidewalks shall incorporate textures, details and decorative elements by use of pavers, textured or colored concrete, brick band strips or other materials to bring relief to the paved environment.

Building facades.

Building architecture provides visual cohesiveness across otherwise disparate land uses and creates definition and identity. Accordingly, development in the commercial zones shall recognize the Township's heritage as a maritime (ship building) village largely settled in the 18th Century. Such heritage shall be reflected in the type and character of the buildings in these zones.

Building design shall be reflective of shingle-style architecture, seashore Victorian adornments and/or turn-of-the-century (1900) seashore cottages. Shingles may be neutral cedar or vinyl or other manufactured cedar-type product. Shingles may be left natural, or may be stained or painted at the discretion of the property owner.

If painted, colors shall be subtle, neutral pastel or earth tones, with nonreflective finish. Building trim and accent elements may be a more vibrant, contrasting color, provided that such color is a compatible or recognized contrasting color to the dominant field color of the building. Examples of acceptable color palates include but are not limited to:

White.

Off-white.

[c]

Pale shades of tan, sand, beige and cream.

Soft greens.

Pale peach.

Pale yellows.

Soft blues.

Gray.

Boutique, florescent or neon colors are prohibited. Examples of such color palates include, but are not limited to:

Pink.

Lavender or lilac.

Lime.

Lemon yellow.

Turquoise.

Tangerine.

Exterior insulation finish systems (EIFs), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit® or similar), barnboard (T-111) and prefabricated steel panels are prohibited.

Foundation walls shall be treated with latticework, brickwork or organic or manufactured stone. Exposed chimneys shall be clad with brick, organic or manufactured stone or other appropriate material. Exterior insulation finish systems (EIFs), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit® or similar), exposed metal or bare parge coating shall be prohibited.

All exterior building facades visible from a public right-of-way or an adjacent parcel shall coordinate form, materials, color and detailing to achieve continuity for all such building elevations. While the level of finish need not be as detailed as the front (primary) elevation, the goal of this regulation is to enhance the aesthetic of the community by providing guidance for visible building elements. Blank, windowless walls visible from a public right-of-way or an adjacent parcel are prohibited.

[8]

Security grates, where employed, shall be metal mesh and shall be installed on the interior of the subject window or door. Exterior, overhead, garage-type security grates are prohibited.

Roofs.

In keeping with the desired nautical/seashore style architecture, roofs shall be designed in hip, gable or gambrel type and shall be appropriately sloped.

Architectural elements such as gables, dormers, cupolas, cornices or other appropriate features are encouraged. Said elements may be decorative or functional. Within this context, architectural elements providing the appearance of a sloped roof shall be used for the perimeter of a flat-roofed building. Visible flat roofs are prohibited.

Roofing materials shall be cedar, asphalt or fiberglass shingles and shall be textured to resemble natural materials. Standing seam metal roofs, without other appropriate aesthetic adornment, are prohibited.

Roof colors shall provide strong but harmonious contrast to exterior building facades. Color choices for asphalt or fiberglass shingles shall resemble natural, weathered materials.

Lighting.

Curbside streetlighting.

All development within the Township's commercial (C-1 and C-2) zones shall include curbside streetlighting. The number, spacing and placement of lighting fixtures shall be governed by the size (street frontage) of the development parcel and shall be subject to approval by JCP&L. As a condition of approval, the site plan shall be revised to incorporate the JCP&L approved streetlighting plan.[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Curbside streetlighting fixtures shall be "ornate acorn-style post-top luminaire," with twelve-foot by nine-inch ornate fiberglass pole, 70 watt output minimum as provided by JCP&L, Fixture No: K199-EAR-11-70-HPS-120-K12-PR, K199-EAR-V-70-HPS-120-K12-PR, or equivalent.

Building lighting.

All building lighting shall be building-mounted downlighting or ground-mounted uplighting. Fixtures shall be appropriately placed and shall complement the architectural style of the building.

Awning or canopy lighting shall be direct lighting from building-mounted downlighting or from ground-mounted uplighting. No awning or canopy shall be internally illuminated.

Signage.

Except as expressly provided for herein, building or site signage proposed for the Township's commercial (C-1 and C-2) zones shall conform to Chapter 299, Signs, of the Code of the Township of Ocean and Article IX, Signs, of this chapter. Within this context, all such signage shall reflect the Township's heritage as a maritime village and shall employ design elements (structural hardware as well as sign face and print style) suggestive of this nautical character.[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Signage in the Township's commercial zones, other than those areas which have received or require approval from the Ocean Township Redevelopment Committee, may be freestanding or wall-mounted.

[Amended 5-12-2011 by Ord. No. 2011-7]

One freestanding sign shall be permitted for each lot and shall conform to Chapter 299, Signs, of the Code of the Township of Ocean and Article IX, Signs, of this chapter. Such signs may be pole or ground signs, and shall be located so as not to obstruct a sight triangle.

[Amended 5-12-2011 by Ord. No. 2011-7]

Wall signs shall be limited to one such sign per building wall per business. Each such sign shall be no greater than 32 square feet, and the total sum area of all of the sign faces shall not exceed 5% of the affected building wall. All such signs, be they on the same wall or on different walls, shall be of the same or substantially similar design.

Awnings or canopies are encouraged as building adornments in the C-1 and C-2 Zones. As such, awnings or canopies may be imprinted with lettering to form a sign for the subject business. In such cases, no additional building signage shall be permitted. The fabric or covering constituting an awning or canopy sign shall be completely removed and replaced upon change of name, lettering or other contents of the sign. Removing lettering and leaving a faded or otherwise shadowed covering shall be prohibited.[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Awning and canopy colors may be deeper, stronger or more vibrant than the background color of the host building, pending approval by the Land Use Board on a case-by-case basis.

Marquee signs are prohibited, unless such signs are structurally and functionally part of an awning or canopy as provided for herein.

Landscaping.

In addition to the landscaping regulations contained in Subsection C of this section, landscaping for developments subject to these design standards shall incorporate native grasses, ground cover and flowering plants indigenous to the southern New Jersey coastline. Such plant material may be augmented by nonnative species to provide for a variety of color and texture as appropriate.

Such landscaping shall include foundation plantings to fully screen building foundations, and shall be used to provide color and visual interest to all areas of the development.

Parking.

All parking lots for commercial buildings shall be located to the rear of the subject building. Said parking lots shall be fully fenced and consistent with Subsection D(5)(f) and (h) herein and shall be fully landscaped in order to screen the lot from view from any public right-of-way or adjacent parcel.

Public commons.

All development within the Township's commercial (C-1 and C-2) zones shall set aside space between the building and a public right-of-way for a public commons.[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

"Public commons" shall be defined as those spaces between the building and a public right-of-way which are reserved or set aside for public rest and recreation and as a focal point for visual appreciation. A public commons may be a portion of a front lawn, an expanded portion of a planting strip, an expanded portion of a planting strip, an expanded traffic island in a parking lot or other similar area which is made available for public enjoyment.

Public commons shall be fully landscaped and/or hardscaped and shall include such amenities as gazebos, pergolas, arcades or similar semi-open structures; monuments or other statuary; street furniture such as picnic tables, benches and trash receptacles; decorative bollards and lighting; and such other normal and customary landscaping elements as may be appropriate.

The size, number and treatment of public commons shall be appropriate to the size and scale of the subject development. Within this context, larger developments may require larger or multiple public commons areas. However, in no case shall a public commons be smaller than 100 square feet.

§ 410-136 Improvements.

As a condition of major site plan approval, the municipal approval may require that the developer install certain improvements on site, to ensure:

Adequate vehicular and pedestrian circulation to accommodate prospective traffic into and out of and within the site;

Adequate off-street parking and loading areas;

Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;

Adequate landscaping and any screening necessary to protect adjoining uses.

The Planning Board may also require the developer to install or pay his pro rata share of off-site and off-tract improvements pursuant to applicable provisions of Chapter 340, Subdivision and Site Plan Review, of the Code of the Township of Ocean.

§ 410-137 Performance guaranty.

Amount; estimate.

A performance guarantee in favor of the Township in an amount not to exceed 120%, 10% of which shall be posted with the Township in the form of cash or certified check, estimated by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c.256,[1] for improvements which the approving authority may deem necessary or appropriate including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960 c. 141 (N.J.S.A. 46:26-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.

Editor's Note: See N.J.S.A. 40:55D-53.4.

The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimates shall be appended to each performance guarantee posted by the obligor.

Such performance guaranty shall cover the cost of installation of the improvements as may be required under this chapter, including streets, grading, pavements, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, as shown on the final map and required by the Map Filing Law, P.L., 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices and public improvements of open space. The cost as determined by the Township Engineer shall be according to the method of calculations set forth in Section 15 of P.L. 1991, c.256[2] as of the time of the passage of the resolution. The amount of the performance bond posted by cash or certified check shall, on a pro rata basis, continue to equal 10% of the amount, not to exceed 120% of the cost of the installation, as determined by the Township Engineer.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Such performance guaranty shall be in favor of the Township in an amount not to exceed 120% of the cost of the required improvements and shall run for a period not to exceed 24 months. However, with the consent of the developer and the surety, if there is one, the Township Committee may, by resolution, extend the term of the performance guaranty for, a period not to exceed an additional 12 months. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c.198 (N.J.S.A. 40A:11-1 et seq.).

Request for list of uncompleted improvements.

Upon substantial completion of all street improvements (except for the top course) and appurtenant utility improvements, and the connection of to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Township Clerk that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section.

Approval or rejection of improvements; failure to provide list.

The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any and all of these improvements upon the establishment and the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made and the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to insure completion and acceptability of all improvements.

If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the governing body fails to approve or reject the improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If any portion of the required improvements are rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this subsection shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer.

The obligor shall reimburse the Township for all reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; provided that the Township may require of the developer a deposit for (all or a portion of the reasonably anticipated fees to be paid to the municipal engineer for such inspection) the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c.256.[3]

Editor's Note: See N.J.S.A. 40:55D-53.4.

In the event that, final approval is by stages or sections of development pursuant to subsection a of Section 29 of (this act) P.L. 1975, c.291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.

§ 410-138 Certification of improvements; maintenance guaranty.

Provision for a maintenance guarantee must be posted with the Township for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c.256.[1] In the event that other governmental agendas or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, the performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities for improvements.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

The developer shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.

§ 410-139 Contribution to off-site improvements.

Prior to the granting of final approval of a site plan or the issuance of a building permit for any use of property on an unimproved street, or where any off-site improvements have not then been installed, the developer shall pay his/her pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage, and drainage facilities and easements therefor located outside the property limits of the development, but necessitated or required by construction or improvements within the development. All payments shall be in the manner provided in this chapter.

The Township Committee, with the assistance of the Planning Board and other appropriate municipal agency or official, shall, prior to the imposition of any condition on a development application, determine whether the required or necessary off-site improvement is to be constructed by the Township as a general improvement or as a local improvement or whether such development is to be constructed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than those of the developer.

Once the foregoing determination has been made, the Planning Board and other appropriate municipal agency shall estimate, with the aid of the Township Engineer and such other persons having pertinent information or expertise, the cost of the improvement and the amount by which all properties to be serviced thereby, including the developer's property, will be specially benefited therefrom.

Following the aforesaid determinations, the developer may be required to provide, as a condition for approval, a bond or cash deposit to ensure payment to the Township of one of the following amounts:

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the developer's property, will be specially benefited by the improvement.

If the improvement is to be constructed by the Township as a local improvement, then in addition to the amount referred to in Subsection D(1) of this section, the estimated amount by which the developer's property will be specially benefited by the improvement.

If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement.

The amounts of money required pursuant to this section shall be estimated sums, and such amounts shall be redetermined by the Township following the completion of the improvement to ensure that the developer shall pay only his/her appropriate share of the cost thereof.

Should a developer pay under protest the amount which has been determined as his/her pro rata share, legal action shall be instituted within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

In the event that the developer shall not be required to install off-site improvements by virtue of the provisions of this section, then and in that event there shall be paid to the Township Treasurer the amount of the developer's share of the finally determined cost of the off-site improvements. All moneys received by the Township in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within a period of five years from the date of payment or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.

§ 410-140 Exceptions and waivers of requirements.

The municipal board, when acting upon applications for preliminary or final site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. If such exception is granted, it shall be done by a resolution of the municipal board which sets forth the reasons for the exception in the particular case and demonstrates that the exception will not have an adverse effect on surrounding properties, the neighborhood or the Township in general.

The municipal board may also waive any of the requirements of this chapter or details specified to be shown on the site plan in any given application if said board determines that strict adherence to said requirements or details would be superfluous or unduly burdensome to the applicant and not in the best interest of the Township. The board, in its discretion, may permit an applicant to use alternative types of improvements where good cause is shown and where the proposed type of improvement would at least be the equivalent of the improvement standards in this chapter.

§ 410-141 Filing of combined applications.

Nothing set forth in this chapter shall prevent any developer from submitting preliminary and final site plan applications simultaneously, provided that all requirements for the submission of each application separately have been met. The municipal board shall then determine if they wish to process the applications simultaneously.

§ 410-142 Minor site plans.

Applications for approval of minor site plans shall be submitted and processed by the Planning Board in the following manner:

At least 15 days prior to the meeting of the Planning Board, the developer shall file with the administrative officer 13 complete applications, accompanied by the fee prescribed in Article XX of this chapter along with 13 copies of a survey or plat of the subject premises.

The survey or plat submitted shall be current and shall be prepared and certified by a licensed land surveyor. It shall include the boundaries of the property, shall delineate all buildings, the square footage and dimensions thereof, shall show all fences, curbs, sidewalks, driveways, sewer facilities and other physical features. The proposed parking and loading areas shall also be indicated.

Minor site plan applications shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer of the Planning Board or within such additional time as may be consented to by the developer.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

§ 410-143 Fee.

The fee for an application for site plan approval shall be as set forth in Article XX of this chapter and Article VI of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.

§ 410-144 Reimbursement for attorney's fees.

In the event that the Township is required to institute litigation against the developer or the provider of the performance guarantee, or maintenance guarantee, because of the failure to properly install or maintain the site improvements for which the guarantee has been posted with the Township, then and in that event the Township shall be entitled to seek reimbursement for all reasonable costs of suit and attorney's fees in the event that the litigation results in a successful determination in favor of the Township.

§ 410-145 Submission of final plat of major subdivision or site plan.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board: that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

§ 410-146 Acceptance of performance guarantee or maintenance guarantee.

The approving authority shall, for the purposes of Section 41 of P.L. 1975, c.291 accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:

Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to Section 41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53);

Is issued by a banking or savings institution authorized to do and doing business in this state;

Is for a period of time of at least one year; and

Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this chapter 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

§ 410-147 Estimate of improvement installation costs.

The cost of the installation of improvements for the purposes of Section 41 of P.L 1975, c.291 (N.J.S.A. 40:55D-53) shall be estimated by the Township Engineer based upon documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days after receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the governing body, he/she may institute legal action within one year of the posting in order to preserve the right to a judicial determination to the fairness and reasonableness of the amount of the guarantee.

§ 410-148 Installation of streetlighting.

The Township shall include as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility. Upon notification in writing by the developer to the approving authority and the governing body of the Township that: the streetlighting on a dedicated public street has been installed and accepted for service by the public utility; and that certificates of occupancy have been issued for at least 50% of the dwelling units and percent of the floor area of the nor residential uses on the dedicated public street or portion thereof indicated by section pursuant to Section 29 of P.L, 1975, c.291 (N.J.S.A. 40:55D-38), the Township shall, within days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.

Ocean Township Ocean County
City Zoning Code

ARTICLE XVI

Site Plan Regulations

§ 410-126 Applicability.

§ 410-127 Jurisdiction.

§ 410-128 Exemptions from site plan requirements.

§ 410-129 Developments requiring site plan approval.

Major site plans.

Any residential use having three or more dwelling units.

Any nonresidential use, other than a home occupation or home professional office, having an off-street parking requirement of five or more spaces.

Uses requiring a new street or off-site improvements.

Any use variance.

Minor site plans. All uses not requiring major site plan approval.

§ 410-130 Preliminary major site plan application procedure.

§ 410-131 Effect of preliminary major site plan approval.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan; and

§ 410-132 Final major site plan application procedure.

§ 410-133 Effect of final major site plan approval.

§ 410-134 Requirements for major site plan applications.

[Amended by Ord. No. 2000-2]

A major site plan shall be clearly and legibly drawn and dimensioned as follows:

A scale no less than one inch equals 50 feet shall be used.

Maximum sheet size shall be 30 inches by 42 inches, all sheets shall be of the same size.

All plan dimensions shall be in feet and in decimals of foot.

All bearings shall be given to the nearest 10 seconds; the error of closure shall not exceed one in 10,000.

The site plan shall be drawn by a land surveyor or professional engineer licensed in the State of New Jersey.

The following information shall be shown on or included in the site plan:

Title block. The title block shall appear on all sheets and shall include:

Title of "site plan."

Name, if any.

Tax Map sheet, block and lot number(s) of the tract as shown on the latest Township Tax Map.

Acreage of tract, to the nearest tenth of an acre.

Date of original and of all revisions.

Names and addresses of owner and developer so designated.

A schedule shall be placed on the map indicating the acreage of the tract, the zone and the minimum required lot areas, setbacks, yards and dimensions.

Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.

Names of all owners of any property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township.

The plat shall be based on a current, certified boundary survey. Date of the survey and the name of the person making same shall be shown on the map.

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed site. The proposed streets shall show the right-of-way and proposed pavement width.

The existing system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

The acreage of the drainage area or areas of each natural or man-made watercourse traversing the site, including the area within the site and the area up stream from the site.

North arrow; written and graphic scales.

Utility layouts showing methods of connection and sources of service.

The proposed location and area, in acres or square feet, of all required or proposed open space areas.

On-site grading and drainage plan.

The plan shall outline the approximate area contributing to each inlet.

All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and of all watercourses shall be shown.

The grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth herein.

Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

Sectionalization and staging plan. The plat shall be accompanied by a sectionalization and staging plan, if applicable, showing the following:

(19)

The map must include certification for the signatures of the chairperson, secretary and engineer of the municipal board.

(20)

(21)

Complete construction details for all structures, including but not limited to manholes, inlets, headwalls, yard drains, culverts, bridges and pumping stations.

(22)

(23)

The limits of all areas proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.

(24)

The distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.

(25)

(26)

The location and design of any on-site parking areas or loading areas, showing size and location of spaces, bays, aisles and barriers.

(27)

The location, direction of illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting, to be expressed m average horizontal footcandles.

(28)

The location, size, type and height of directional, regulatory or advisory signs or pavement markings.

(29)

The location and use of existing structures within 100 feet of the tract boundaries.

(30)

(31)

The location of driveways within 100 feet of the site boundaries.

(32)

The location and type of garbage and refuse disposal facilities.

(33)

Soil erosion and sedimentation control plans shall be submitted pursuant to P.L. 1975, c.251, the Soil Erosion and Sedimentation Control Act.[1]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

(34)

Locations and type of the nearest and/or proposed fire hydrants and sprinkler connections.

The following shall accompany and be submitted as part of the major site plan:

Preliminary architectural plans and elevations of proposed structures and buildings.

Copies of any existing or proposed covenants or deed restrictions applying to the site or certification that none exist.

Evidence of required approvals:

Utilities authority approval.

Ocean County Planning Board approval, where required.

Final state and/or municipal wetlands approval, where required.

Soil disturbance permit.

Final state floodplain approval, where required.

Proof of payment of real estate taxes.

Copy of the certificate of filing or any other document concerning the proposed development received by the applicant from the Pinelands Commission for development in the Pinelands area.

Riparian grants and licenses.

Construction permits.

Highway drainage and access permits.

§ 410-135 Design and approval standards.

[Amended by Ord. No. 2000-2; Ord. No. 2003-38]

Applications for site plan approval by the municipal board having jurisdiction shall conform to the following standards and requirements as applicable to the particular application:

In addition, the site plan shall be designed in accordance with the following general criteria:

That all parking and traffic problems shall be kept at a minimum by the use of engineering design features such as acceleration and deceleration lanes, jug handles, and marginal access streets;

That adequate provisions are made so as to prevent any drainage problem;

That the location, power, directions and time of any outdoor lighting will not have an adverse effect upon any properties in such districts;

That the details of the site plan for the authorized use will be such that the operation will not offend the public interests.

Landscaping.

In areas adjacent to rivers, bays and lagoons, plantings shall be one of the following kind of trees, the maximum size and characteristics of which follows:

Honey locust (Gleditsia triacanthos inermis): 60 to 70 feet high, fragrant white flowers late in spring, grows well in poor soil, resists salt spray.

Oriental plane (Platanus orientalis): 70 to 80 feet tall; rapid growing shade trees; pyramid shaped top.

Willow (Salix babylonica): 40 to 50 feet high; its long pendulous branches grow rapidly; especially when close to water.

Canoe birch (Betula papyrifera): 50 to 60 feet tall; stately with grey white bark; fast growing.

European white birch (Betula alba pendula): 40 to 50 feet high; graceful lacy leaves and drooping branches.

Japanese cherry (Prunus kwanzan): 30 to 40 feet high; large double-deep pink pendulous flowers clustering among the leaves in May; vase form.

Hawthorn (Crataegus): 12 to 15 feet high; produces a mass of scarlet double flowers in June and colorful red fruit in winter.

In the uplands away from rivers, bays and lagoons and not adjacent to large bodies of water, plantings shall be one of the following kinds of trees, maximum size and characteristics of which follows:

Pin oak (Quercus palustris): 75 to 90 feet high; shiny foliage; long lived; turns scarlet in fall; broad pyramid shape.

Norway maple (Acer platanoides): 60 to 70 feet high; leaves turn yellow in fall; globe-shaped top.

Honey locust (Gleditsia triacanthos intermis): 60 to 70 feet high; fragrant white flowers; grows well in gravel or sandy soil; broad-spreading top.

Crabapple (Malus): 12 to 15 feet high; pink or red flowers; broad umbrella top; usually as wide as high a good park tree.

European mountain ash (Sorbus aucuparia): 25 to 30 feet high; great clusters of orange scarlet berries; upright oval shape.

Dogwood (Cornus florida, white) and (Florida rubra, pink): 25 to 30 feet high; pink or white flowers in early spring; red berries and rich red foliage in fall.

European which birch (Betula alba pendula): 40 to 50 feet high, lace-like leaves; paper-white bark; tall column.

Bolleana poplar (Populus bolleana): 75 to 90 feet tall; grows stately; salt resistant.

Carolina poplar (Populus eugenei): 75 to 90 feet tall; exceedingly rapid-growing shade tree; thrives in dry conditions.

Oriental plane (Platanus orientalis): 75 to 90 feet tall; rapid-growing shade tree of pyramid habit.

African tamarisk (Tamarix africana): 12 to 15 feet tall; drooping panicles of attractive pink flowers in spring and feathery gray foliage.

Smoke tree (Rhus cotinus): 12 to 15 feet tall; carries great mass at filmy purple flowers in July.

Almey crab: 12 to 15 feet tall; fiery crimson flowers; very hardy; maroon-colored fruit of spreading habit.

Hopa crab: 12 to 15 feet tall; rosy red flowers; red fruit; attractive purple foliage; upright vase-shaped growth.

Bechtel crab: 12 to 18 feet tall; with large double fragrant pink flowers, which resemble small roses in early May; upright growth.

Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials.

The tree size shall be based upon the height of the building as follows:[1]

Building Height

(stories/feet)

Tree Size

(caliper in inches*)

	NOTE:
	*	Measured one foot above grade.

Editor's Note: As in original, table includes no content.

Type	Quantity	Size
Evergreen trees	12	6 feet to 8 feet in height
Shade trees	3	2 inches to 2 1/2 inches
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	As required	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board deems it appropriate, supplement planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of six to eight feet for evergreen trees, two to 2 1/2 feet for shrubs, six to seven feet and one to 1 1/2 inches caliper, measured one foot above grade, for ornamental trees and a minimum caliper of two to 2 1/2 inches, measured one foot above grade, for shade trees shall be specified for all supplemental plantings.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided a decreased quantity of planting may be provided at the discretion of the board. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 to 8 feet in height
Shade trees	4	2 to 2 1/2 inches caliper*
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	55	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade.

The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

The applicant shall provide an irrigation system to all landscape areas.

All disturbed areas not landscaped in accordance with the preceding shall be seeded or sodded.

Alternate forms of landscape treatments, such as decorative stone ground cover, shall be considered by the board on a case-by-case basis.

Applicant shall post a performance guarantee in accordance with § 410-137 to guarantee the installation of all landscaping. The amount of guarantee shall be as estimated by the Township Engineer.

In the maintenance bond required by the municipality, provision shall be made to cover the replacement of all landscaping, which may die during the maintenance bond period.

Site maintenance.

While the site is under maintenance bond, the applicant shall be responsible for all site maintenance. Thereafter, in perpetuity, site maintenance shall be the responsibility of the property owner.

Trees and shrubs being replaced, at a minimum, shall be replaced at the initial size stipulated in this section.

Failure of the applicant, or any subsequent owner to maintain the landscape plan, as approved by the Township's Land Use Board, shall be considered a violation of the approved site plan.

Any site plan hereinafter approved with a landscape plan shall include a provision in writing that failure to maintain the landscaping, as approved in said plan, shall be deemed a violation thereof.

All proposed decreases in site plan approved landscaping, including tree and shrub removal, must be approved by the Land Use Board. This does not include replacement of dead trees and shrubs.

Commercial design standards.

Purpose.

These standards shall be construed as minimums. Developers are encouraged to exceed such minimums to the extent appropriate to the size and scale of the development proposed.

Interpretation.

Applicability.

All applications for development, expansion or renovations of commercial property within the C-1 and C-2 Zones shall comply with the following design standards.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Submission requirements.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Design standards.

Sidewalks.

Sidewalks shall incorporate textures, details and decorative elements by use of pavers, textured or colored concrete, brick band strips or other materials to bring relief to the paved environment.

Building facades.

White.

Off-white.

Pale shades of tan, sand, beige and cream.

Soft greens.

Pale peach.

Pale yellows.

Soft blues.

Gray.

Boutique, florescent or neon colors are prohibited. Examples of such color palates include, but are not limited to:

Pink.

Lavender or lilac.

Lime.

Lemon yellow.

Turquoise.

Tangerine.

Exterior insulation finish systems (EIFs), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit® or similar), barnboard (T-111) and prefabricated steel panels are prohibited.

[8]

Security grates, where employed, shall be metal mesh and shall be installed on the interior of the subject window or door. Exterior, overhead, garage-type security grates are prohibited.

Roofs.

In keeping with the desired nautical/seashore style architecture, roofs shall be designed in hip, gable or gambrel type and shall be appropriately sloped.

Roof colors shall provide strong but harmonious contrast to exterior building facades. Color choices for asphalt or fiberglass shingles shall resemble natural, weathered materials.

Lighting.

Curbside streetlighting.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Building lighting.

All building lighting shall be building-mounted downlighting or ground-mounted uplighting. Fixtures shall be appropriately placed and shall complement the architectural style of the building.

Awning or canopy lighting shall be direct lighting from building-mounted downlighting or from ground-mounted uplighting. No awning or canopy shall be internally illuminated.

Signage.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Signage in the Township's commercial zones, other than those areas which have received or require approval from the Ocean Township Redevelopment Committee, may be freestanding or wall-mounted.

[Amended 5-12-2011 by Ord. No. 2011-7]

[Amended 5-12-2011 by Ord. No. 2011-7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Awning and canopy colors may be deeper, stronger or more vibrant than the background color of the host building, pending approval by the Land Use Board on a case-by-case basis.

Marquee signs are prohibited, unless such signs are structurally and functionally part of an awning or canopy as provided for herein.

Landscaping.

Such landscaping shall include foundation plantings to fully screen building foundations, and shall be used to provide color and visual interest to all areas of the development.

Parking.

Public commons.

All development within the Township's commercial (C-1 and C-2) zones shall set aside space between the building and a public right-of-way for a public commons.[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 410-136 Improvements.

As a condition of major site plan approval, the municipal approval may require that the developer install certain improvements on site, to ensure:

Adequate vehicular and pedestrian circulation to accommodate prospective traffic into and out of and within the site;

Adequate off-street parking and loading areas;

Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;

Adequate landscaping and any screening necessary to protect adjoining uses.

§ 410-137 Performance guaranty.

Amount; estimate.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Request for list of uncompleted improvements.

Approval or rejection of improvements; failure to provide list.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer.

Editor's Note: See N.J.S.A. 40:55D-53.4.

§ 410-138 Certification of improvements; maintenance guaranty.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

The developer shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.

§ 410-139 Contribution to off-site improvements.

If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement.

§ 410-140 Exceptions and waivers of requirements.

§ 410-141 Filing of combined applications.

§ 410-142 Minor site plans.

Applications for approval of minor site plans shall be submitted and processed by the Planning Board in the following manner:

§ 410-143 Fee.

The fee for an application for site plan approval shall be as set forth in Article XX of this chapter and Article VI of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.

§ 410-144 Reimbursement for attorney's fees.

§ 410-145 Submission of final plat of major subdivision or site plan.

§ 410-146 Acceptance of performance guarantee or maintenance guarantee.

The approving authority shall, for the purposes of Section 41 of P.L. 1975, c.291 accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:

Is issued by a banking or savings institution authorized to do and doing business in this state;

Is for a period of time of at least one year; and

§ 410-147 Estimate of improvement installation costs.

§ 410-148 Installation of streetlighting.

Ocean Township Ocean County
City Zoning Code

ARTICLE XVI

Site Plan Regulations

§ 410-126 Applicability.

§ 410-127 Jurisdiction.

§ 410-128 Exemptions from site plan requirements.

§ 410-129 Developments requiring site plan approval.

Major site plans.

Any residential use having three or more dwelling units.

Any nonresidential use, other than a home occupation or home professional office, having an off-street parking requirement of five or more spaces.

Uses requiring a new street or off-site improvements.

Any use variance.

Minor site plans. All uses not requiring major site plan approval.

§ 410-130 Preliminary major site plan application procedure.

§ 410-131 Effect of preliminary major site plan approval.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan; and

§ 410-132 Final major site plan application procedure.

§ 410-133 Effect of final major site plan approval.

§ 410-134 Requirements for major site plan applications.

[Amended by Ord. No. 2000-2]

A major site plan shall be clearly and legibly drawn and dimensioned as follows:

A scale no less than one inch equals 50 feet shall be used.

Maximum sheet size shall be 30 inches by 42 inches, all sheets shall be of the same size.

All plan dimensions shall be in feet and in decimals of foot.

All bearings shall be given to the nearest 10 seconds; the error of closure shall not exceed one in 10,000.

The site plan shall be drawn by a land surveyor or professional engineer licensed in the State of New Jersey.

The following information shall be shown on or included in the site plan:

Title block. The title block shall appear on all sheets and shall include:

Title of "site plan."

Name, if any.

Tax Map sheet, block and lot number(s) of the tract as shown on the latest Township Tax Map.

Acreage of tract, to the nearest tenth of an acre.

Date of original and of all revisions.

Names and addresses of owner and developer so designated.

A schedule shall be placed on the map indicating the acreage of the tract, the zone and the minimum required lot areas, setbacks, yards and dimensions.

Name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.

Names of all owners of any property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township.

The plat shall be based on a current, certified boundary survey. Date of the survey and the name of the person making same shall be shown on the map.

All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed site. The proposed streets shall show the right-of-way and proposed pavement width.

The existing system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

The acreage of the drainage area or areas of each natural or man-made watercourse traversing the site, including the area within the site and the area up stream from the site.

North arrow; written and graphic scales.

Utility layouts showing methods of connection and sources of service.

The proposed location and area, in acres or square feet, of all required or proposed open space areas.

On-site grading and drainage plan.

The plan shall outline the approximate area contributing to each inlet.

All proposed drainage shall be shown with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and of all watercourses shall be shown.

The grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth herein.

Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:

Sectionalization and staging plan. The plat shall be accompanied by a sectionalization and staging plan, if applicable, showing the following:

(19)

The map must include certification for the signatures of the chairperson, secretary and engineer of the municipal board.

(20)

(21)

Complete construction details for all structures, including but not limited to manholes, inlets, headwalls, yard drains, culverts, bridges and pumping stations.

(22)

(23)

The limits of all areas proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.

(24)

The distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets.

(25)

(26)

The location and design of any on-site parking areas or loading areas, showing size and location of spaces, bays, aisles and barriers.

(27)

The location, direction of illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting, to be expressed m average horizontal footcandles.

(28)

The location, size, type and height of directional, regulatory or advisory signs or pavement markings.

(29)

The location and use of existing structures within 100 feet of the tract boundaries.

(30)

(31)

The location of driveways within 100 feet of the site boundaries.

(32)

The location and type of garbage and refuse disposal facilities.

(33)

Soil erosion and sedimentation control plans shall be submitted pursuant to P.L. 1975, c.251, the Soil Erosion and Sedimentation Control Act.[1]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

(34)

Locations and type of the nearest and/or proposed fire hydrants and sprinkler connections.

The following shall accompany and be submitted as part of the major site plan:

Preliminary architectural plans and elevations of proposed structures and buildings.

Copies of any existing or proposed covenants or deed restrictions applying to the site or certification that none exist.

Evidence of required approvals:

Utilities authority approval.

Ocean County Planning Board approval, where required.

Final state and/or municipal wetlands approval, where required.

Soil disturbance permit.

Final state floodplain approval, where required.

Proof of payment of real estate taxes.

Copy of the certificate of filing or any other document concerning the proposed development received by the applicant from the Pinelands Commission for development in the Pinelands area.

Riparian grants and licenses.

Construction permits.

Highway drainage and access permits.

§ 410-135 Design and approval standards.

[Amended by Ord. No. 2000-2; Ord. No. 2003-38]

Applications for site plan approval by the municipal board having jurisdiction shall conform to the following standards and requirements as applicable to the particular application:

In addition, the site plan shall be designed in accordance with the following general criteria:

That all parking and traffic problems shall be kept at a minimum by the use of engineering design features such as acceleration and deceleration lanes, jug handles, and marginal access streets;

That adequate provisions are made so as to prevent any drainage problem;

That the location, power, directions and time of any outdoor lighting will not have an adverse effect upon any properties in such districts;

That the details of the site plan for the authorized use will be such that the operation will not offend the public interests.

Landscaping.

In areas adjacent to rivers, bays and lagoons, plantings shall be one of the following kind of trees, the maximum size and characteristics of which follows:

Honey locust (Gleditsia triacanthos inermis): 60 to 70 feet high, fragrant white flowers late in spring, grows well in poor soil, resists salt spray.

Oriental plane (Platanus orientalis): 70 to 80 feet tall; rapid growing shade trees; pyramid shaped top.

Willow (Salix babylonica): 40 to 50 feet high; its long pendulous branches grow rapidly; especially when close to water.

Canoe birch (Betula papyrifera): 50 to 60 feet tall; stately with grey white bark; fast growing.

European white birch (Betula alba pendula): 40 to 50 feet high; graceful lacy leaves and drooping branches.

Japanese cherry (Prunus kwanzan): 30 to 40 feet high; large double-deep pink pendulous flowers clustering among the leaves in May; vase form.

Hawthorn (Crataegus): 12 to 15 feet high; produces a mass of scarlet double flowers in June and colorful red fruit in winter.

In the uplands away from rivers, bays and lagoons and not adjacent to large bodies of water, plantings shall be one of the following kinds of trees, maximum size and characteristics of which follows:

Pin oak (Quercus palustris): 75 to 90 feet high; shiny foliage; long lived; turns scarlet in fall; broad pyramid shape.

Norway maple (Acer platanoides): 60 to 70 feet high; leaves turn yellow in fall; globe-shaped top.

Honey locust (Gleditsia triacanthos intermis): 60 to 70 feet high; fragrant white flowers; grows well in gravel or sandy soil; broad-spreading top.

Crabapple (Malus): 12 to 15 feet high; pink or red flowers; broad umbrella top; usually as wide as high a good park tree.

European mountain ash (Sorbus aucuparia): 25 to 30 feet high; great clusters of orange scarlet berries; upright oval shape.

Dogwood (Cornus florida, white) and (Florida rubra, pink): 25 to 30 feet high; pink or white flowers in early spring; red berries and rich red foliage in fall.

European which birch (Betula alba pendula): 40 to 50 feet high, lace-like leaves; paper-white bark; tall column.

Bolleana poplar (Populus bolleana): 75 to 90 feet tall; grows stately; salt resistant.

Carolina poplar (Populus eugenei): 75 to 90 feet tall; exceedingly rapid-growing shade tree; thrives in dry conditions.

Oriental plane (Platanus orientalis): 75 to 90 feet tall; rapid-growing shade tree of pyramid habit.

African tamarisk (Tamarix africana): 12 to 15 feet tall; drooping panicles of attractive pink flowers in spring and feathery gray foliage.

Smoke tree (Rhus cotinus): 12 to 15 feet tall; carries great mass at filmy purple flowers in July.

Almey crab: 12 to 15 feet tall; fiery crimson flowers; very hardy; maroon-colored fruit of spreading habit.

Hopa crab: 12 to 15 feet tall; rosy red flowers; red fruit; attractive purple foliage; upright vase-shaped growth.

Bechtel crab: 12 to 18 feet tall; with large double fragrant pink flowers, which resemble small roses in early May; upright growth.

Pedestrian/vehicular conflicts shall be minimized through design, yet, when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials.

The tree size shall be based upon the height of the building as follows:[1]

Building Height

(stories/feet)

Tree Size

(caliper in inches*)

	NOTE:
	*	Measured one foot above grade.

Editor's Note: As in original, table includes no content.

Type	Quantity	Size
Evergreen trees	12	6 feet to 8 feet in height
Shade trees	3	2 inches to 2 1/2 inches
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	As required	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade

All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board deems it appropriate, supplement planting should be provided to provide a filtered visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of six to eight feet for evergreen trees, two to 2 1/2 feet for shrubs, six to seven feet and one to 1 1/2 inches caliper, measured one foot above grade, for ornamental trees and a minimum caliper of two to 2 1/2 inches, measured one foot above grade, for shade trees shall be specified for all supplemental plantings.

Areas void of significant vegetation shall receive landscape architectural treatment, including planting, berming, fences or walls as appropriate. Berms, fences or walls should be provided at a height of two to four feet as necessary to provide an appropriate buffer. The general design, form and materials of fences, walls and berms should relate to the overall design and the materials utilized for other structures on the site and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing or walls or may be provided solely to provide an appropriate screen and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided. If berms, fencing or walls are provided a decreased quantity of planting may be provided at the discretion of the board. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:

Type	Quantity	Size
Evergreen trees	As required	6 to 8 feet in height
Shade trees	4	2 to 2 1/2 inches caliper*
Ornamental trees	As required	6 to 7 feet in height 1 to 1 1/2 inches caliper*
Shrubs	55	2 to 2 1/2 feet in height

	NOTE:
	*	Measured one foot above grade.

The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.

The applicant shall provide an irrigation system to all landscape areas.

All disturbed areas not landscaped in accordance with the preceding shall be seeded or sodded.

Alternate forms of landscape treatments, such as decorative stone ground cover, shall be considered by the board on a case-by-case basis.

Applicant shall post a performance guarantee in accordance with § 410-137 to guarantee the installation of all landscaping. The amount of guarantee shall be as estimated by the Township Engineer.

In the maintenance bond required by the municipality, provision shall be made to cover the replacement of all landscaping, which may die during the maintenance bond period.

Site maintenance.

While the site is under maintenance bond, the applicant shall be responsible for all site maintenance. Thereafter, in perpetuity, site maintenance shall be the responsibility of the property owner.

Trees and shrubs being replaced, at a minimum, shall be replaced at the initial size stipulated in this section.

Failure of the applicant, or any subsequent owner to maintain the landscape plan, as approved by the Township's Land Use Board, shall be considered a violation of the approved site plan.

Any site plan hereinafter approved with a landscape plan shall include a provision in writing that failure to maintain the landscaping, as approved in said plan, shall be deemed a violation thereof.

All proposed decreases in site plan approved landscaping, including tree and shrub removal, must be approved by the Land Use Board. This does not include replacement of dead trees and shrubs.

Commercial design standards.

Purpose.

These standards shall be construed as minimums. Developers are encouraged to exceed such minimums to the extent appropriate to the size and scale of the development proposed.

Interpretation.

Applicability.

All applications for development, expansion or renovations of commercial property within the C-1 and C-2 Zones shall comply with the following design standards.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Submission requirements.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Design standards.

Sidewalks.

Sidewalks shall incorporate textures, details and decorative elements by use of pavers, textured or colored concrete, brick band strips or other materials to bring relief to the paved environment.

Building facades.

White.

Off-white.

Pale shades of tan, sand, beige and cream.

Soft greens.

Pale peach.

Pale yellows.

Soft blues.

Gray.

Boutique, florescent or neon colors are prohibited. Examples of such color palates include, but are not limited to:

Pink.

Lavender or lilac.

Lime.

Lemon yellow.

Turquoise.

Tangerine.

Exterior insulation finish systems (EIFs), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit® or similar), barnboard (T-111) and prefabricated steel panels are prohibited.

[8]

Security grates, where employed, shall be metal mesh and shall be installed on the interior of the subject window or door. Exterior, overhead, garage-type security grates are prohibited.

Roofs.

In keeping with the desired nautical/seashore style architecture, roofs shall be designed in hip, gable or gambrel type and shall be appropriately sloped.

Roof colors shall provide strong but harmonious contrast to exterior building facades. Color choices for asphalt or fiberglass shingles shall resemble natural, weathered materials.

Lighting.

Curbside streetlighting.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Building lighting.

All building lighting shall be building-mounted downlighting or ground-mounted uplighting. Fixtures shall be appropriately placed and shall complement the architectural style of the building.

Awning or canopy lighting shall be direct lighting from building-mounted downlighting or from ground-mounted uplighting. No awning or canopy shall be internally illuminated.

Signage.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Signage in the Township's commercial zones, other than those areas which have received or require approval from the Ocean Township Redevelopment Committee, may be freestanding or wall-mounted.

[Amended 5-12-2011 by Ord. No. 2011-7]

[Amended 5-12-2011 by Ord. No. 2011-7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Awning and canopy colors may be deeper, stronger or more vibrant than the background color of the host building, pending approval by the Land Use Board on a case-by-case basis.

Marquee signs are prohibited, unless such signs are structurally and functionally part of an awning or canopy as provided for herein.

Landscaping.

Such landscaping shall include foundation plantings to fully screen building foundations, and shall be used to provide color and visual interest to all areas of the development.

Parking.

Public commons.

All development within the Township's commercial (C-1 and C-2) zones shall set aside space between the building and a public right-of-way for a public commons.[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 410-136 Improvements.

As a condition of major site plan approval, the municipal approval may require that the developer install certain improvements on site, to ensure:

Adequate vehicular and pedestrian circulation to accommodate prospective traffic into and out of and within the site;

Adequate off-street parking and loading areas;

Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;

Adequate landscaping and any screening necessary to protect adjoining uses.

§ 410-137 Performance guaranty.

Amount; estimate.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Request for list of uncompleted improvements.

Approval or rejection of improvements; failure to provide list.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the municipal engineer.

Editor's Note: See N.J.S.A. 40:55D-53.4.

§ 410-138 Certification of improvements; maintenance guaranty.

Editor's Note: See N.J.S.A. 40:55D-53.4.

Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

The developer shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.

§ 410-139 Contribution to off-site improvements.