If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the Planning Board may require that a stormwater and drainage easement or right-of-way along said facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Planning Board Engineer for consideration by the Planning Board. The Planning Board, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety or recommend such other action to the governing body as it deems appropriate.

All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

The land which is the subject of an easement or right-of-way shall, in the case of storm drains or constructed channels, be of a suitable width meeting the requirements for design of drainage facilities or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of 50 feet in each direction from the center line of the watercourse, whichever is the greater; except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development. Said easement and right-of-way shall include provisions assuring the following:

Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required in forested or buffer areas, and also along ponds, marshes, bogs and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help protect existing stands of trees, preserve open space in areas designated for that purpose as part of a cluster development, prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet in width independently located or running adjacent to each side of any required open space, forested area, or drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement. Fences, swimming pools, sheds, patios, outdoor cooking facilities, and other improvements are strictly prohibited in all conservation areas.

The easement shall be indicated on the plat and shall be marked on the land by iron stakes or approved equal wherever the lines of such easement change direction or intersect lot lines.

Where a local, local collector or minor collector street intersects another local, local collector or minor collector: 50 feet on each right-of-way line.

Where a local, local collector or minor collector street intersects a major collector street: 50 feet on the local, local collector or minor collector and 150 feet on the major collector.

Where a local, local collector, minor collector or major collector street intersects a minor arterial or principal arterial highway: 50 feet on the local street, local collector or minor collector, 150 feet on the major collector and 250 feet on the minor arterial or principal arterial highway.

Where a minor arterial or principal arterial highway intersects a minor arterial or principal arterial highway: 250 feet on each right-of-way line.

Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Ocean, the sight triangle easements required by the state or the County of Ocean may be substituted in lieu of the requirements above.

There shall be provided, where possible and practical, a shade tree and utility easement with a minimum width of six feet in the following locations:

Such shade tree and utility easements will be utilized for the construction and maintenance of drainage, utilities, landscaping and shade trees and for such other municipal or public utility purposes as required. Such easements shall be considered part of the lots they traverse for the purpose of determining lot depths, setbacks, frontages and areas.

In cases where a proposed development provides for the extension of an existing street or abuts an existing street, where shade trees and utilities have already been installed in a location other than as specified above, the Planning Board may approve alternate shade tree and utility easement locations in order to provide for the continuation of existing construction.

Riparian easements may be required within any riparian zone, as defined herein and in N.J.A.C. 7:13-4.1, as amended. Such riparian easements shall contain provisions to restrict the removal of trees and ground cover except for the following purposes:

The filling or grading of lands within a riparian easement, as well as the disposal of refuse or waste material of any type and the erection of fences, swimming pools, shed, patios, outdoor cooking facilities and other improvements are strictly prohibited within the limits of a riparian easement.