Except as provided for in this subsection, no construction permit shall be issued for any detached dwelling unit within a development consisting of two or more detached dwelling units if it is substantially similar in exterior design with any neighboring dwelling unit situated on another lot, either on the same side of the street or on the opposite side of the street, unless the two lots are separated by a distance of at least 150 feet.

Detached dwelling units shall be considered "substantially similar in exterior design" if they have any one of the following three architectural characteristics:

Utilizing the three architectural characteristics listed in Subsection 35-501B2 hereinabove, a different number of designs for detached dwelling units shall be required for developments consisting of a different number of total dwelling units as follows:

The requirements of this subsection shall not be considered satisfied where minor changes or deviations to architectural plans and/or lot location surveys are made for the primary purpose of circumventing the requirements of this subsection.

The different designs proposed by an applicant shall be identified by the applicant as to model and elevation and shall be reviewed and approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, at the time of final subdivision approval.

In order to insure conformity with the requirements of this subsection and the final subdivision approval by the Board, at the time application is made for each construction permit for each detached dwelling unit, the developer shall provide a map of the approved final subdivision to the Construction Official with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been issued, or is requested to be issued.

All development plans for subdivisions, site plans and individual residential lots shall include a drainage system which safely and satisfactorily controls stormwater runoff, natural drainage water and stream flows in a manner that will not adversely affect existing and proposed properties, both upstream and downstream of the site.

Where non-structural means of controlling surface runoff are feasible and adequate, i.e., natural drainage channels, grassy swales, drainage ditches, and other conveyances not requiring the use of impervious cover, such non-structural means may be utilized as part of the drainage system if approved by the Township Engineer.

The drainage system shall be adequate to carry the stormwater runoff and natural drainage water which originates not only within the tract boundaries, but also that which originates beyond the tract boundaries in their current state of development and which comes to the tract.

All drainage structures shall be sized to accommodate the tributary upstream drainage areas as they currently exist with appropriate modifications, as may be required and determined by the Township Engineer, in order to accommodate anticipated future development.

All land areas shall be graded and swaled in order to secure proper drainage away from all buildings and to prevent the collection of storm water in pools on any lot and to avoid concentration of storm water from each lot to adjacent lots. For those lawn areas being regraded, the minimum lawn grade shall be 2% within 50 feet of a dwelling and a minimum of 1% in other areas. In any case, the maximum lawn grade shall be 33 1/3%.

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.

Over the sidewalk, under the sidewalk and/or through the curb drains for the purpose of disposing the drainage discharges from sump pumps, water conditioners, swimming pools, foundation drains and curtain drains are prohibited; these facilities must discharge into an adequate watercourse or drainage system, which may be natural or man-made.

The drainage system in non-residential developments shall be designed utilizing a storm with a frequency of one in 25 years, except that when the upstream drainage area is 50 acres or more the drainage system shall be designed to convey the 100-year storm event. The duration of a storm used in computing the stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.

The "Runoff Estimation Techniques" for both non-residential developments and residential developments shall be as specified within N.J.A.C. 5:21-7.2 of the "Residential Site Improvement Standards".

The "Runoff Collection System Design" for both non-residential developments and residential developments shall be as specified within N.J.A.C. 5:21-7.3 of the "Residential Site Improvement Standards".

The "Stormwater Management: System Design" for both non-residential developments and residential developments shall be as specified within N.J.A.C. 5:21-7.4 of the "Residential Site Improvement Standards".

Storm drain pipes for both non-residential developments and residential developments shall be reinforced concrete pipe, ductile iron pipe or corrugated polyethylene pipe; corrugated metal pipe shall not be used. All piping shall be sized and laid to the exact lines and grades as approved by the Township Engineer. Reinforced concrete pipe, ductile iron pipe and corrugated polyethylene pipe shall conform to the material requirements specified within N.J.S.A. 5:21-7.3 (d)1, (d)2 and (d)3 of the "Residential Site Improvement Standards", respectively.

All drainage pipes shall be laid in straight lines between drainage structures except where otherwise specifically approved by the Township Engineer. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum deflection for the pipe, joint and size of the pipe being installed.

Drainage pipes shall be designed to convey storm water at a velocity of not more than 10 feet per second and at a velocity of not less than two feet per second, unless different velocities are specifically approved by the Township Engineer.

Drainage pipes located within 30 feet of a subsurface sewage disposal system shall be designed and constructed in a manner that will prevent infiltration of ground water into the pipe; all piping and the manner installed shall be subject to approval by the Township Engineer.

No defective or leaking pipes, joints, connections, manholes or inlets shall be acceptable; all visible leakage of any description, no matter where located, shall be corrected by the contractor in a manner satisfactory to the Township Engineer.

All materials used in the construction of drainage pipes, manholes, inlets, catch basins and other drainage structures shall be in accordance with the specifications of the "Standard Specifications For Road And Bridge Construction" of the New Jersey Department of Transportation (DOT), latest edition, and any supplements, addenda and modifications thereto, including and subject to the following:

Approval of drainage structures shall be obtained from the appropriate Township, County, State and Federal agencies and offices. Each applicant shall make appropriate application to the New Jersey Department of Environmental Protection, the Monmouth County Engineering Department and the Township Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Administrative Officer, with a copy of each such letter forwarded to the Township Engineer.

Within 30 days after construction and before final acceptance by Upper Freehold Township, the applicant shall provide the Township, in a form acceptable to the Township Engineer, with one mylar tracing and six sets of prints (black on white) of "as-built" drawings of the storm drainage system and principal grading elevations of the site as constructed.

All construction shall be in accordance with the "Standard Construction Details" included as an attachment to this chapter.

Easements shall be required in accordance with § 35-504 of this chapter, entitled "Easements", where drainage pipes, inlets and/or other drainage facilities are installed outside a public street right-of-way.

All streets shall be provided with a drainage system of catch basins and pipes where necessary for proper surface drainage.

Catch basins shall be located at all intersections and within all streets, with inlets installed on both sides of a street at intervals of not more than 500 feet, and less than 500 feet if necessary to prevent the design flow into the catch basins from exceeding six cubic feet per second.

Access manholes shall be placed at maximum 500-foot intervals throughout the system and at pipe junctions where there are no catch basins.

Detention or retention basins shall be required to recharge the underground aquifers and hold stormwater runoff such that discharge from the site will not exceed pre-development rates for the two-, ten- and 100-year storm, provided and except for the following:

When detention or retention basins are required, they shall be designed to include water quality provisions to the satisfaction of the Township Engineer and, where feasible, the outlet from the detention facility shall require that up to 90% of the runoff from 1 1/4 of rainfall, falling in two hours, be evacuated prior to 18 hours. In any case, the total basin shall be evacuated within 72 hours.

The Soil Conservation Service method is the preferred method for determining the design of detention and retention basins and the calculations of stormwater runoff.

All outlet structures, open channels and swales shall be designed in conformance with the Standards For Soil Erosion And Sediment Control In New Jersey, as amended and revised to date, or in conformance with alternate designs as may be approved by the Township Engineer.

Detention and retention basins shall be located and maintained as follows:

Regional detention or retention basins utilized by several property owners within a drainage basin may be permitted, and the feasibility of such joint facilities must be examined by the applicant and reported upon to the Township Engineer, and where applicable, the Monmouth County Engineering Department.

Detention and retention basins shall be landscaped in order to achieve the following stated purposes, and a landscape plan for the basin(s) shall be submitted for review and approval by the Planning Board or the Zoning Board of Adjustment, as the case may be, as part of the subdivision or site plan application for development:

The applicant shall submit a drainage plan and supporting report as part of the submitted application for development of all major subdivisions and major site plans. Other applicants may be required to submit a drainage plan if deemed necessary by the Planning Board or the Zoning Board of Adjustment, as the case may be, upon the recommendation of the Township Engineer.

The drainage plan and supporting report shall include all data necessary to properly evaluate the existing and proposed drainage systems, including the following:

All driveways providing access to a side entry garage shall have a paved or stoned area at least 33 feet in length in front of the garage door(s) in order to allow for adequate ingress and egress to the garage without the necessity of so-called "K" turning movements.

All driveways shall provide an on-site turnaround area in order to permit the turning of automobiles so that vehicular access to the abutting roadway may always be in a head-on direction.

All driveways shall have a paved, stone or equivalent surface as approved by the Township Engineer.

All portions of driveways within the road right-of-way or easement shall be paved with bituminous concrete, with a six-inch thick reinforced concrete apron, with paving brick or block, or with another hard durable surface as approved by the Township Engineer.

Easements may be required on private property for the purposes of drainage, utilities, sight triangles, access, conservation and for other purposes necessary for the public health, safety and welfare.

Easements shall be required in accordance with the provisions of this chapter and as required by the Township Engineer, the Planning Board and/or the Zoning Board of Adjustment, as the case may be, during the review and approval of a submitted application for development.

Easements shall be dimensioned and labelled on the submitted plat or plan and shall be identified as follows: "Easement for (specify "drainage", "utility", sight triangle", "access", "conservation" or other purpose) granted to the Township of Upper Freehold for the purposes provided and expressed in the Land Use Regulations Ordinance."

The boundaries of an easement shall be monumented with concrete at the intersection of all street rights-of-way and with iron pins at all other corners and deflection points.

Whenever an easement has been granted to the Township of Upper Freehold for drainage, utility, sight triangle or conservation purposes, the subject lot shall not be considered undersized because of the granting of the easement, and the area of the easement shall be considered part of the lot for the purposes of meeting the area and yard requirements specified in this chapter for the subject lot and the structures thereon.

Whenever an easement is located on a lot, the deed for the lot shall include language which describes the location, type, purpose, maintenance responsibilities and restriction(s) of the easement.

Unless otherwise provided in Subsection A8 below, no structure, grading or vegetation other than grass shall be permitted within an easement area granted to the Township of Upper Freehold unless such structure, grading or vegetation is specifically shown on a subdivision or site plan as approved by the Planning Board or by the Zoning Board of Adjustment, as the case may be, or unless specifically approved by the Township Committee.

For drainage easements only, fences shall be permitted under the following circumstances and subject to the following requirements:

All drainage right-of-way easements shall substantially conform with the lines of such watercourse or drainageway.

Easements for watercourses shall conform to the width of the watercourse from bank to bank, with an additional fifteen-foot access strip beyond the top of the bank along each side of the watercourse.

Easements for drainageways, including swales and piped systems, shall be a minimum 25 feet in width.

The sight triangle easement shall be in addition to the specified right-of-way width of a street or the cartway width of a driveway.

The sight triangle easement shall not contain any grading, planting or structure more than 30 inches above the center line of the street and/or driveway except that street signs, fire hydrants and light standards may be located within a sight triangle easement.

The sight triangle easement shall enable a right-of-entry by the Township for the purpose of removing any object, material, planting or other obstruction to the required clear sight.

The sight triangle is that area outside of the street right-of-way or driveway cartway, bounded by the intersecting street right-of-way or driveway cartway lines and the straight line connecting "sight points", one each located on the two intersecting street or driveway center lines.

The following provisions shall apply regarding applications for development submitted to Upper Freehold Township for review and approval:

In addition to the conservation easements dedicated to Monmouth County in accordance with Subsection 35-504D1 hereinabove, the Upper Freehold Planning Board and Zoning Board of Adjustment shall have the right to require conservation easements upon areas of freshwater wetlands, 100-year floodplains and/or lands with a topographic slope 15% and greater where such easements are deemed advisable, prudent and/or necessary to safeguard the conservation of such land areas.

Except as may be specifically permitted by the Planning Board or the Zoning Board of Adjustment, as the case may be, at the time of subdivision or site plan approval, no structure is permitted within a conservation easement, no filling of ground and no existing vegetation is permitted to be removed from a conservation easement.

New vegetation may be planted within a conservation easement, provided the following:

All permitted fences and walls shall be situated on a lot in such a manner that the finished side of the fence or wall shall face adjacent properties.

All fences and walls shall be erected within the subject property lines and shall not encroach onto any adjacent property or street right-of-way.

No fence or wall shall be erected of barbed and/or electrified wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, provided and except for the following:

Except for farm fences, which shall not require any permits, all other fences shall require the issuance of a zoning permit, but shall not require the issuance of a construction permit unless otherwise required by applicable law.

Except for retaining walls which do not exceed four feet in height, are used solely to retain earth and which are set back at least 30 feet from all property lines, every wall shall require the issuance of a zoning permit and a construction permit.

The application for any required zoning permit or construction permit shall be accompanied by a plan showing the height, type, design and location of the proposed fence or wall, as applicable, in relation to all other structures on the subject property and in relation to all streets and property lines.

Nothing herein shall be construed to prohibit the planting of hedges, trees or other vegetation anywhere on a lot, except as may be otherwise specifically prohibited by any other applicable ordinance or regulation of the Township of Upper Freehold.

Farm fences are exempt from these provisions.

Fences for golf driving ranges on golf courses may have fencing a maximum of 30 feet in height.

A tennis court area, located in rear yard areas only, may be surrounded by a chain link fence a maximum of 15 feet in height, provided that the fence is set back from any lot line the distance required for accessory buildings in the applicable zoning district or applicable "Planned Development", in accordance with the requirements specified in § 35-400 of this chapter regarding a zoning district or § 35-600 of this chapter regarding a "Planned Development".

"Buffer Screening" around the perimeter of a property shall be in accordance with the provisions specified in § 35-507C of this chapter and/or as specifically approved by the Planning Board or the Zoning Board of Adjustment, as the case may be.

The fencing around swimming pools shall be in accordance with the applicable provisions specified in § 35-518, "Swimming Pools", of this chapter.

Notwithstanding any other section herein, fences shall be permitted in one of the front yards of corner lots under the following limited circumstance:

Existing trees having a caliper of six inches or more measured six inches from ground level shall be preserved unless required to be removed in accordance with subdivision or site plan approval.

A temporary fence, such as a snow fence, shall be erected at the perimeter of the drip line of all existing vegetation to be preserved prior to any excavation, construction or other site disturbance, and the fence shall not be removed until all construction and final grading of the site has been completed.

Deciduous street trees shall be planted along both sides of all proposed new streets.

The trees shall be planted at fifty-foot intervals on-center, or an equivalent number may be planted in informal, naturalized groupings if approved by the Planning Board.

At intersections, the trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines.

The caliper of the trees at time of planting shall be a minimum of 2 1/2 inches measured six inches from ground level, and the standing height shall be at least 10 feet.

"Buffer Screening" shall be required in the following instances:

"Buffer Screening," where required, shall consist of a strip of land at least 10 feet wide, densely planted with evergreen trees, at least four feet high at the time of planting, of a suitable type and species that will form a year-round, dense screen at least six feet high within a three-year time period.

The evergreen trees planted as part of a "Buffer Screening" shall be planted in locations so that, at maturity, their branches will be no closer than three feet to any street or property line.

Subject to approval by the Planning Board, the "Buffer Screening" also may include earthen berms, fencing and/or walls in combination with the evergreen plantings in order to visually shield or obscure one abutting or nearby structure or use from another.

All such screening shall be maintained in good condition at all times, and shall be interrupted only by sight triangle easements, sidewalks and driveways.

Approximately 1/2 of the landscaped area shall have trees with branches no lower than seven feet above ground level and approximately 1/2 of the landscaped area shall have shrubs no higher than three feet above ground level; and

The landscaping shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing driver visibility.

Each detention or retention basin shall be bordered by evergreen trees at least four feet high at the time of planting unless an alternate landscape plan for a particular detention or retention basin is approved by the Planning Board.

Recreational areas shall be landscaped as appropriate and as approved by the Planning Board, provided that tennis court fencing shall be bordered by evergreen trees at least four feet high at time of planting in any case.

Any vegetation to be planted in order to meet the "Street Trees," "Buffer Screening," "Nonresidential Parking Areas" or "Detention/Retention Basin And Recreational Areas" requirements of this chapter noted hereinabove in Subsections 35-507B, 35-507C, 35-507D and 35-507E, respectively, shall not count towards the minimum 12 tree per acre requirement noted herein in this Subsection;

Where the Planning Board finds that sufficient vegetation exists on a residential lot and/or that insufficient land is available to plant the required number of trees, the Board may waive the requirement to plant some or all of the trees.

For residential lots created by subdivision and approved by the Planning Board or Zoning Board of Adjustment ("Approving Board"), the required amount of trees per individual lot shall be shown on the plans. The installation of these trees is not a bonded improvement as part of the subdivision approval, but is a prerequisite to obtaining a Certificate of Occupancy. The building permit application will include the submission of the plot plan indicating the type, size and general location of the lot trees required to be installed. This procedure only applies to the planting of trees on residential lots and does not apply to shade trees, buffer plantings, detention basin plantings or any other landscaping required by the Approving Board that are required to be guaranteed as specified in these Land Use Regulations.

Each landscape plan shall include a minimum of one shade tree and one evergreen tree, plus shrubs and/or hedges and ground cover;

The dollar amount of each landscape plan shall not be less than the dollar amount which otherwise would be required to plant shade trees on the subject lots at the ratio of 12 shade trees per acre, and sufficient information shall be provided the Planning Board to confirm this requirement;

Any vegetation to be planted in order to meet the "Street Trees," "Buffer Screening" or "Detention/Retention Basin And Recreational Areas" requirements of this chapter noted hereinabove in Subsections 35-507B, 35-507C and 35-507E, respectively, and any required "Landscaping On Open Space Lands In Residential Clusters" noted hereinbelow in Subsection 35-507H shall not be counted or otherwise included within any landscape plan prepared in accordance with this Subsection;

At least one of the minimum three landscape plans must be provided by the developer as part of the base purchase price of the house to the homebuyer at the time of purchase, so that the landscaping costs may be included within the amount of a mortgage. The other landscape plans also shall be offered to the homebuyer at the time of purchase, but may be offered as an "upgrade" at additional cost; and

At least one of the landscape plans approved by the Planning Board shall be fully planted on the subject lot prior to the issuance of a Certificate of Occupancy for the house on the lot or, in the alternative, a cash bond shall be posted with the Township Committee, in a form acceptable to the Township Committee and in an amount equal to 120% of the estimated cost for the installation of the applicable landscape plan, assuring that the landscaping shall be fully planted no later than six months after the issuance of the Certificate of Occupancy.

The landscaping on the "Open Space" lands shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials;

The dollar amount expenditure for the landscaping on the "Open Space" lands shall not be less than the equivalent expenditure for the planting of at least 12 shade trees per gross acre of "Open Space" lands within the development, and sufficient information shall be provided the Planning Board to confirm this requirement;

Any vegetation to be planted in order to meet the "Street Trees", "Buffer Screening", "Detention/Retention Basin And Recreational Areas" or "Special Requirements For Residential Lots Within A Residential Cluster" requirements of this chapter noted hereinabove in Subsections 35-507B, 35-507C, 35-507E or 35-507G, respectively, shall not count towards the minimum 12 tree per acre requirement noted herein in this Subsection; and

A strip of land at least 50 feet wide shall be landscaped around the perimeter of tract in accordance with the following:

A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of any development. The limits of disturbance and the location and species of the vegetation proposed to be preserved shall be indicated on the submitted site plan and/or subdivision plat.

New landscaping shall include a variety and mixture of plantings to the extent possible and appropriate. New vegetation shall be indigenous to the area, shall be of nursery stock and shall be free of insects and disease. The choice of new vegetation also shall consider seasonal colors, the shapes and textures of the plants, the type of blossoms and foliage and the local soil conditions and water availability. The submitted site plan and/or subdivision plat shall show the location, specie, size at time of planting and the quantity of each new plant.

The minimum size of new plants at the time of planting shall be as follows:

All plants shall be installed in accordance with the American Nurserymen Guide, latest edition.

All plant material shall be guaranteed for at least two years and a written copy of the guarantee executed between the developer and the nursery or landscape architect installing the plantings shall be reviewed by the attorney for the Planning Board or the Zoning Board of Adjustment, as the case may be, prior to the Board granting any final approval.

Landscaping and buffer screening shall be designed to screen 100% of the view of nonresidential buildings and structures, including roof equipment and appurtenances, from adjoining residential zoning districts and residential uses in residential zoning districts with the view originating at the center of the nearest off-tract/off-site street or road with a viewing vantage point measured five feet above the finished grade of said street or road, at the time of five years after the Township of Upper Freehold has inspected and approved the installation of the landscaping and buffer screening and has released the performance bond for installing the landscaping and buffer screening. At the time of installation, the landscaping and buffer screening shall screen 90% of the view of nonresidential buildings and structures, including roof equipment and appurtenances, from adjoining residential zoning districts and residential uses in residential zoning districts with the view originating at the center of the nearest off-tract/off-site street or road with a viewing vantage point measured five feet above the finished grade of said street or road. Exhibit 1 illustrates the required screening. In the event no street or roads are located within 1,000 feet of the nonresidential development, the foregoing screening requirements shall be applied to views originating 1,000 feet from the tract and/or property line of the nonresidential development with a viewing vantage point measured five feet above the finished grade. Such provisions will allow for the installed plan material comprising the landscaping and buffer screening to grow and mature into a fully effective visual screen. In the event nonresidential development in "GI General Industrial" Zoning District, "ROM Research, Office and Manufacturing" Zoning District, and "Commerce Park Planned Developments" adjoins an existing residential use in a nonresidential zoning district, the required landscaping and buffer screening shall be 30 feet wide and shall comply with the provisions set forth in the preceding subsections of § 35-507.

The applicant shall submit as part of his/her development application cross-sections through proposed nonresidential buildings and structures, the sites on which the nonresidential buildings and structures will be constructed, and adjoining residentially zoned lands and adjoining lands containing residential uses, including residential buildings and structures, to the nearest off-tract/off-site street or road in order to demonstrate the effectiveness of the proposed landscaping and buffer screen. The cross-sections shall demonstrate the effectiveness of the landscaping and buffer screening at the time of installation and at the time five years after Township of Upper Freehold has inspected and approved the installation of the landscaping and buffer screening and has released the performance bond for installing the landscaping and buffer screening.

Minimum Buffer Width.

The buffer screening may consist of earthen berms, landscaping, walls and fencing in accordance with this subsection. Buildings and structures including, but not limited to, principal buildings and structures, accessory buildings and structures, parking lots, loading areas, roads, driveways, and stormwater detention and retention basins are prohibited in the required buffer screening.

Earthen Berms.

Earthen berms shall be constructed in the following manner:

Landscaping.

Landscaping shall be provided in the following manner:

Fences And Walls.

Fences and walls shall be provided in the following manner:

Street lighting shall be provided at the intersections of County Route 524, 526, 537 and/or 539 with a street providing access to a major subdivision consisting of 10 or more residential lots. Moreover, additional street lighting may be required by the Planning Board or by the Zoning Board of Adjustment, as the case may be, at specific locations and subject to the approval of the Township Committee: e.g., in locations with limited or hampered sight distance due to existing vegetation; a sharp curve of the street; or an obtuse or sharply angled intersection.

The type of required street lighting to be supplied shall be specified by the Planning Board or by the Zoning Board of Adjustment, as the case may be, but, in any case, shall not be the so-called "cobra" type.

The light intensity provided at ground level shall average at least 0.5 footcandle at intersections and 0.3 footcandle for other street lighting as may be required.

Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for the required street lighting as well.

Street lighting in addition to that required in Subsection 35-508A1 hereinabove and/or light fixtures different from the standard type normally approved by the Township may be approved by the Board for developments which have a Homeowners' Association, provided the following:

In any case, street lighting shall be activated only if and when approved by the Township Committee.

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes.

The applicant is required to submit a lighting plan indicating the location of the lighting fixtures, the direction of illumination, the wattage and isolux curves for each fixture, the hours of operation of the lighting and the details of the lighting poles and the luminaries, in accordance with the following:

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

All lots shall meet the applicable minimum area and yard requirements specified in § 35-400 and/or § 35-600 of this chapter, also as applicable, and shall meet these requirements on land situated entirely within the Township of Upper Freehold.

Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act (N.J.S.A. 46:23-9.9) and shall be indicated on the final plat.

In accordance with N.J.S.A. 40:55D-35 of the Municipal Land Use Law, each lot must front upon an approved and improved public street or the required improvement to the public street, in accordance with the standards and specifications for road improvements contained within this chapter, shall have been assured by means of a performance guarantee, except and provided as follows:

Where there is a question as to the suitability of a lot or lots for the intended use due to factors such as, but not limited to, poor drainage conditions or flood conditions, the location and/or extent of freshwater wetlands and wetlands transition buffers, rock formations, or percolation tests and/or test borings indicating that ground conditions are inadequate for proper drainage and filtration for sewage treatment on the subject lot, the Board, after adequate investigation and, where applicable, receipt of a written report by the Township Board of Health and/or the New Jersey Department of Environmental Protection (NJDEP), may withhold approval of such lot(s).

Where there is a question as to the suitability of a lot or lots for the intended use due to evident soil substance contamination, the Board may request a written report from the NJDEP and/or may withhold approval of such lot(s).

If approval is withheld, the Board shall orally indicate the reasons for withholding the approval, shall enter the same in the minutes, and shall notify the applicant of its decision.

All submitted applications for development shall demonstrate the avoidance of unnecessarily altering the existing topography or removing vegetation, and shall propose a development that respects the established natural conditions of the site and its surroundings.

In order to protect the natural features to be preserved, the Planning Board or the Zoning Board of Adjustment, as the case may be, may require "Conservation Easements" (see Subsection 35-504D) or deed restrictions on the land area to be preserved, and may require that such areas be delineated by monuments.

No topsoil shall be removed from areas intended for lawn and open space; topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover to all areas.

As a supplement to the "Soil" provisions of the Code of the Township of Upper Freehold, this Land Use Regulations Ordinance requires that no soil shall be removed from or be imported to any site within the Township of Upper Freehold in excess of 500 cubic yards without prior approval of the Planning Board, except and in accordance with the following:

Each nonresidential off-street parking area and/or loading area shall have "Buffer Screening" in accordance with the requirements specified in Subsection 35-507C of this chapter.

Each nonresidential parking area shall be landscaped in accordance with the requirements specified in Subsection 35-507D of this chapter.

Each nonresidential parking area and loading area and the accessways thereto shall be provided "On-site Lighting" in accordance with the requirements specified in Subsection 35-508B of this chapter.

All parking and loading areas and access drives shall be paved in accordance with the following requirements unless otherwise specified by the Planning Board or the Zoning Board of Adjustment, as case may be:

All paved parking and loading areas and access drives shall be curbed. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

All construction shall be in accordance with the "Standard Construction And Detail Sheets" attached herewith to this § 35-500 and the New Jersey "Standard Specifications For Road And Bridge Construction (1989)", latest edition, and any amendments thereto.

The Planning Board or the Zoning Board of Adjustment, as the case may be, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking provided that the following conditions are met:

Access to parking lots shall be designed so as not to induce queues on travel ways, and to provide adequate pedestrian circulation and safety. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance, and the safety of vehicles and pedestrians.

The center lines of any separate access driveways to a single lot shall be spaced at least 125 feet apart. Moreover, the edge of any access driveway shall not be located closer than 50 feet or 1/2 the lot frontage, which ever is greater, to the street line of any intersecting street, except that in no case need the setback distance exceed 200 feet.

Only one driveway access shall be permitted for any lot with 150 feet or less of frontage; two driveways shall be permitted for lots between 150 feet and 300 feet of frontage, and the number of driveways permitted for lots with more than 300 feet of frontage shall be determined during the development application review and approval process.

For driveways serving one-way traffic, the minimum width shall be 12 feet and continuous open driveways having a width exceeding 16 feet at the street line shall be prohibited.

For driveways serving two-way traffic, the minimum width shall be 24 feet and the maximum width shall be 36 feet.

All points of access shall be graded, and adequate drainage facilities shall be installed to prevent storm water runoff from entering the public road. Driveway grades shall not exceed 10%. Moreover, any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. All driveway profiles and grades shall be submitted to the Planning Board or to the Zoning Board of Adjustment, as the case may be, as part of a subdivision and/or site plan application, and shall be reviewed and approved by the Board.

Driveways used for two-way operation shall intersect any road at an angle as near 90° as site conditions will permit and in no case less than 75°. Driveways used by vehicles in one direction of travel (right turn only) may form an angle smaller than 75°, but only with a non-local road and when acceleration and deceleration lanes are provided.

Where a driveway serves right-turning traffic exiting from a parking area containing 200 or more parking spaces to an abutting road functioning and/or classified as a "Collector" or "Arterial" road, an acceleration lane shall be provided in accordance with A Policy Of Geometric Design Of Rural Highways, American Association Of State Highway And Transportation Officials.

Where a driveway serves as an entrance to a development containing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any road functioning and/or classified as a "Collector" or "Arterial" road. The deceleration lane shall be at least 200 feet long and 13 feet wide, measured from the abutting roadway curb line. A minimum forty-foot curb return radius shall be used from the deceleration lane into the driveway.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer.

Off-street parking areas shall be oriented to and shall be located within a reasonable walking distance of the buildings they are designed to serve.

The number of required off-street parking and loading spaces shall be in accordance with the requirements specified in §§ 35-400 and 35-600 of this chapter, as applicable, and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter.

No parking of vehicles shall be permitted in fire lanes, streets, driveways or aisles, landscaped areas, buffer areas, sidewalks or turning areas except as may otherwise be permitted by this chapter. The arrangement of off-street parking and loading spaces shall be such that no vehicle shall have occasion to back into any street.

Internal roads, parking access aisles, parking areas, curbs and landscaping shall be designed to reasonably accommodate the turning movements of emergency vehicles regularly and routinely serving the Township of Upper Freehold without requiring the mounting of curbs or interference with landscaping.

All parking and loading areas, temporary stopping areas, maneuvering spaces, and driveways and access aisles shall be located in accordance with the provisions of §§ 35-400 and 35-600 of this chapter, as applicable, except that such areas, spaces, driveways and/or aisles shall be set back at least 10 feet from any property line or street line regarding nonresidential uses.

Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks specified in §§ 35-400 or 35-600 of this chapter, as applicable.

The provision of parking spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Except for the driveway providing access to a garage, all parking areas shall be designed to permit a motor vehicle to proceed to and from a parking space without requiring the moving of any other motor vehicle.

The width of all aisles or driveways providing direct access to individual parking spaces shall have the following minimum dimensions; where the angle of parking is different on both sides of the aisle or driveway, the larger width shall prevail:

Parking spaces, including handicapped parking spaces, shall be dimensioned in accordance with the definition of "Parking Space" in § 35-203 of this chapter.

Parking for the physically handicapped shall comply with the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code N.J.A.C. 5:23-7.13 and 5:23-7:14 and the American Disabilities Act (ADA).

Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Township, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

Comply with all applicable regulations of the New Jersey Department of Environmental Protection.

Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse, Disposal, Public Health Council of the New Jersey Department of Health.

Provide adequate, covered solid waste containers, except where provided by the Township, which are not to be stored within the public view and which are to be secured from vandalism. Compactor units shall afford completely sealed operation and shall be provided efficient vehicular access by collection vehicles.

Provide adequate provisions for recyclable solid waste material.

In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued.

Lots abutting existing easements or public right-of-way, where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric, CATV and telephone service from these overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

In the case of existing overhead utility lines, however, should a road widening, or an extension of service, or other such condition occur as a result of the subdivision or site plan and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.

Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. The preliminary plans shall recite all public utilities that will serve the development.

Upon submission of final plats or plans for approval, the developer shall present letters, directed to the Chairman of the Board and signed by a responsible official of all public utility companies to serve the tract, approving each proposed utility installation design and stating that the applicant will pay the required fees for the utility connections and service and will install all utility improvements in accordance with the requirements of this chapter so that service will be available prior to occupancy.

All final drawings submitted to the Board shall include a note identifying all conditions and additional items required by the utility prior to the utility providing service to the lots that are identified on the final subdivision map. No Certificate of Occupancy shall be issued without the developer having satisfied these conditions and additional items required by the utility.

The developer shall provide the Township with four copies of a final "as built" plan showing the installed location of the facilities. Utility areas shall be planted with grass, ground covers, and/or treated with other suitable cover material.

Avoid locations along horizons;

Avoid the clearing of swaths through treed areas by selective cutting and staggered alignments;

Minimize the views of the poles and alignments by planting trees in open areas at key locations; and

Lessen the visual impact of the overhead lines by following rear lot lines and other interior locations.

The sanitary sewerage system shall be owned and operated by a private sewer company regulated by the Board of Public Utilities or other form of ownership approved by the Township of Upper Freehold.

Besides all necessary Federal, State or local approvals needed, a "Comprehensive Sanitary Sewerage System Development Report" must be submitted by the applicant as part of the application for preliminary subdivision approval:

All sanitary sewerage facilities shall be in compliance with the approved Township of Upper Freehold Wastewater Management Plan, provided the following:

All parts of the sanitary sewerage system shall be designed, constructed and operated in conformance with the New Jersey Department of Environmental Protection (NJDEP) Water Pollution Control Act (N.J.A.C. 7:9-1.1 et seq.). The system also shall conform with all other local, State and Federal requirements applicable thereto.

Any pump station shall provide the wet well, electrical controls and mechanical equipment within an enclosed building. The building shall be architecturally compatible with the proposed residential community and shall be approved by the Planning Board.

For any on-site sanitary sewerage treatment plant, the primary and secondary treatment process components shall be contained within an enclosed building, and the following additional provisions shall apply:

For any development which is to be constructed in sections, the complete sanitary sewerage treatment plant shall be constructed as part of the first section. The collection lines, force main and pump stations shall be constructed sufficient for each section, with provisions made for extension into the future sections.

Systems shall comply with all applicable standards of the applicable sanitary sewer company, the Township of Upper Freehold, the New Jersey Department of Environmental Protection (NJDEP) and any other agency having jurisdiction. All construction shall be in accordance with all applicable NJDEP requirements and the "Sanitary Sewerage System Construction Details" included as an attachment to this chapter as part of the "Standard Construction And Detail Sheets".

"Gravity Sewer" pipes, including both the sewer main and the house connection sewer, shall be constructed of polyvinyl chloride pipe or ductile iron pipe. "Force Mains" shall be constructed of ductile iron pipe.

Polyvinyl Chloride Pipe (P.V.C.) and fittings shall be circular vinyl plastic gravity sewer pipe, PSM SDR-35 in accordance with ASTM D3034. Joints for PVC sewer pipe shall be bell and spigot intricately formed in pipe sections, with elastomeric seals in accordance with ASTM D3212. Rubber ring gaskets shall conform to ASTM F477.

Ductile Iron Pipe (DIP) shall be circular, minimum thickness class 50 in accordance with ANSI A21.51 and the fittings for D.I.P. shall be ductile iron in accordance with ANSI A21-10.

Manhole connections for pipe into precast sections shall be made watertight utilizing either the LOCK-JOINT flexible manhole sleeves or the KOR-N-SEAL assembly.

Pipe for house connections shall be of the size required by New Jersey Department of Environmental Protection (NJDEP). All sewer lateral house connections shall terminate with a cleanout and be capped with a seal cap or tear out stopper at the end of the house connection, and the top of the cleanout shall have a brass or metal plug.

Testing in the presence of the Township Engineer or his representative shall be required for the sanitary sewer system prior to the approval for the operation of said system. Testing shall include alignment tests, infiltration or exfiltration testing as required, TV inspection and air pressure testing. Costs for all tests shall be borne by the developer.

No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein;

No billboards shall be erected or replaced, except that "Farms" shall be permitted to erect unlighted wood signs off-site from the farm to advertise the sale of seasonal agricultural products grown on the farm, provided that each such sign shall not exceed 20 square feet in area;

No signs shall be erected, altered or replaced, which are not in accordance with the standards established in this chapter;

No portion of any sign shall be located within or suspended over a public right-of-way or pedestrian walkway;

No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located;

No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any County or municipality thereof or by any public utility or similar agency concerned with the protection of the public health or safety;

No sign shall be erected, constructed or maintained so as to obstruct or be attached to any fire escape, window, door or opening that is intended to provide light or a means of ingress or egress, or for fire-fighting purposes, or placed so as to interfere with any opening required for legal ventilation; and

No sign, other than exempt signs, shall be permitted within 50 feet of the property line of any historical site or monument.

All lighting shall be placed and shielded to prevent the lighting from shining into neighboring properties or approaching vehicles.

No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light, safety or warning device or traffic signal shall be erected in any location.

No sign lighting or control mechanism that interferes with radio or television reception shall be permitted.

Such signs do not require a zoning permit; and

No such sign shall exceed four square foot in area, but the area of the sign shall not be considered when calculating the total sign area otherwise permitted on the property.

Any sign that is or is becoming dangerous or unsafe in any manner whatsoever shall be repaired and made safe in conformity with this chapter, or such sign shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which such dangerous or unsafe sign is located.

Should notice be given by the Zoning Officer or Construction Official to an owner, lessor, agent or occupant of a building that a sign is or is becoming dangerous or unsafe, said notice shall require appropriate remedial action to be taken within 10 days from the date of service of the notice, or within a lesser time as shall be specified in the notice in cases where the danger to the public health, safety and general welfare is more imminent.

All real estate signs shall be non-illuminated, shall not exceed six square feet in area and shall not require a zoning permit. One real estate sign is permitted along each side of a lot which has frontage on a street.

For approved site plans or major subdivisions, one sign not exceeding 32 square feet in area shall be permitted during construction advertising the prime contractor(s), architect, financing institution and similar data for the period of construction.

All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, when 95% of the lots have been initially sold. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed if construction activity ceases for a period of three consecutive months.

The display of "sold", "too late", "under contract" or similar signs is prohibited in all zoning districts.

At the expense of the developer, at least two street signs shall be placed at each four-way street intersection and at least one street sign shall be placed at each "T" intersection.

The size, color, design and placement of traffic control signs shall follow the requirements specified in the current edition of the "Manual On Uniform Traffic Control Devices For Streets And Highways", published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation. Unless otherwise approved by the Township of Upper Freehold, all off-street signs, including traffic control, shall be located on the same property as the use to which they are related.

An application for a zoning permit to erect, hang or place a sign shall be submitted on forms obtainable from the Zoning Officer, unless such sign has been specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of an approved application for development.

Each application for any required zoning permit shall be accompanied by plans showing the area of the sign; the size of the sign and the lettering thereon; the method of illumination, if any; the color(s) of the sign; the exact location proposed for the sign; and any other information deemed necessary by the Zoning Officer to confirm conformity with the applicable provisions of this chapter.

All developments shall be served by paved streets in accordance with the subdivision and/or site plan application for development approved by the Planning Board or the Zoning Board of Adjustment, as the case may be.

The arrangement of new streets shall conform with the topography as far as practicable. Moreover, when a new development adjoins land susceptible of being subdivided or developed in the future, suitable provisions shall be made for access to adjoining lands.

Two means of access from existing streets to a new development shall be provided, where feasible. Where only one means of access is provided and is appropriately approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, future extension(s) into adjacent, adjoining lands may be required, unless existing physical conditions prohibit such connections.

In general, local residential streets shall be curved wherever possible in order to avoid conformity of lot appearance and to discourage through traffic.

In the event that a development adjoins or includes existing streets that do not conform to the street widths as shown on the adopted Master Plan or Official Map and/or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights- of-way, provided the following:

If the subdivision or site plan abuts a major arterial or collector road, the proposed plan shall minimize the number of curb cuts or entrances onto and exits from the road.

Streets shall be of sufficient width and of suitable design to accommodate prospective traffic, but in all cases shall have a right-of-way width, measured from lot line to lot line, of not less than 50 feet.

The "Roadway Design Specifications" for all streets within the Township of Upper Freehold not constructed as part of a residential subdivision and/or not constructed to serve a residential use shall be as follows (see Subsection 35-517A9 of this chapter for the "Roadway Design Specifications" for streets constructed as part of a residential subdivision and/or constructed to serve a residential use):

The "Roadway Design Specifications" for all "Streets And Parking" within the Township of Upper Freehold constructed as part of a residential subdivision shall be in accordance with the specifications noted hereinabove in Subsection 35-517A8 and elsewhere in this Land Use Regulations chapter except as modified or superseded by the specifications within Subchapter 4 of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4).

The grading of streets within the Township of Upper Freehold shall adhere to the following standards:

Street intersections within the Township of Upper Freehold shall adhere to the following standards:

The curvature of streets within the Township of Upper Freehold shall adhere to the following standards:

Cul-de-sac streets within the Township of Upper Freehold shall adhere to the following standards:

The naming of streets within the Township of Upper Freehold shall adhere to the following standards and procedures:

When a street within a major subdivision development intersects with a non-local street, a deceleration lane shall be provided for traffic turning right into the development from the non-local street. The deceleration lane is to be at least 200 feet long and 13 feet wide, measured from the proposed edge of the pavement of the non-local street. A minimum forty-foot curb return radius shall be used from the deceleration lane into the subdivision development.

The subsurface, base and surface paving materials of the streets within the Township of Upper Freehold shall adhere to the following standards:

Curbing, either granite block or concrete, shall be installed in the following locations and for the following purposes as approved by the Planning Board or the Zoning Board of Adjustment, as the case may be:

Curbs, either granite block or concrete, and gutters shall be constructed in accordance with the "Standard Construction And Detail Sheets", included as an attachment to this chapter, and in accordance with the following:

Sidewalks and walkways (and related aprons) associated with streets shall be required within the Township of Upper Freehold in accordance with the following criteria:

Sidewalks associated with streets may be located in the traditional manner between the proposed edge of pavement and parallel to the right- of-way line of the street or, in the alternative, the Planning Board or the Zoning Board of Adjustment, as the case may be, may permit the sidewalks to be set back from the proposed edge of pavement and be constructed in a meandering pattern in order to preserve topographical and other natural features and to provide visual interest.

Sidewalks shall be at least four feet wide, shall be concrete and shall be constructed in accordance with the "Standard Construction And Detail Sheets", included as an attachment to this chapter, and in accordance with the following:

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a principal residential building.

A private residential swimming pool shall be enclosed by a permanent fence and shall meet the requirements as specified in the Uniform Construction Code of the State of New Jersey and Chapter 9 Public Recreational Bathing of the New Jersey State Sanitary Code.

Hot tubs and whirlpools only have the same requirements as Subsection A,2 above.

Any lighting in connection with a private residential swimming pool shall be directed downward and shielded from adjacent properties.

No commercial or public swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval for a principal permitted use as specified in § 35-400 or § 35-600 of this chapter, as may be applicable.

Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.

Well installation, sealing and testing shall be in accordance with the "New Jersey Standards For Construction Of Water Supply Systems In Realty Improvements" (Chapter 199 of the Public Laws of 1954), as amended, and other applicable State, Monmouth County and Upper Freehold Township Board of Health laws, guidelines and resolutions.

Prior to being placed in consumer use and prior to the issuance of a Certificate Of Occupancy for any building served by the well, the developer shall certify to the Upper Freehold Board of Health that all applicable State, County and Township regulations have been met.

Any "Commerce Park Planned Development" and any "Single-Family Residential Cluster" within the Township of Upper Freehold shall be properly connected to an approved and functioning public community water system prior to the issuance of a Certificate of Occupancy.

The water system shall be owned and operated by a private water company regulated by the Board of Public Utilities or other form of ownership approved by the Township of Upper Freehold.

Besides all necessary Federal, State or local approvals needed, a "Comprehensive Water System Development Report" must be submitted by the applicant as part of the application for preliminary subdivision approval:

All parts of the system shall meet the requirements established by the applicable water supply company, the Township of Upper Freehold, the New Jersey Department of Environmental Protection (NJDEP) Safe Drinking Water Act (N.J.A.C. 7:10-1.1 et seq.), the American Water Works Standards (AWWA), the National Board of Fire Underwriters, and the American Insurance Association. All required local, State and Federal permits needed for the water system must be obtained.

All proposals for new public community water supplies, or extensions to existing public community water supply systems exceeding 15 service connections or a demand for more than 6,000 gallons per day must receive a permit from the Bureau of Safe Drinking Water in the New Jersey Department of Environmental Protection (NJDEP) prior to the construction and use of the water supply facilities.

The water system shall be adequate to handle the necessary flow based upon complete development. At a minimum, the water system shall be designed to carry peak-hour flows and shall be capable of delivering the peak hourly demands indicated in "TABLE A" as follows, with "GPM" meaning "gallons per minute":

Fire protection facilities shall be provided for all developments:

Fire hydrants shall be provided in accordance with the following standards:

For any development which is to be constructed in sections, the complete water supply, water storage and water treatment components shall be constructed as part of the first section. The water distribution system shall be constructed sufficient for each section, with provisions made for extension into the future sections.

The construction specifications and details for community water systems shall be in accordance with the following:

Alignment of Buildings.

Setback.

Every building shall have a public facade.

A sidewalk shall be provided along all public streets and shall align with adjacent sidewalks.

All facades shall be set back at least 10 feet unless otherwise permitted to be closer in a specific commercial zoning district.

New construction shall comply with the Township Ordinance regulating height. Interior floor lines should appear to be at levels similar to those of adjacent buildings.

The proportion of new construction and additions should be comparable to those of adjacent buildings.

The building facade should be segmented with architectural details to include overhangs, recesses, projections, moldings, canopies or porticos, raised cornice parapets, and other similar features. Buildings facades shall not be more than 100 feet in length without having three or more architectural details described above.

Architectural details can be used to create the appearance of segmented buildings where smaller buildings are infeasible.

Building facades that include a repeating pattern should include no less than three of the design elements listed below. At least one of these elements shall repeat horizontally, and all elements shall repeat at intervals of no more than 30 feet either horizontally or vertically.

The foregoing regulations for facades shall not apply to existing structures whose exterior is not being altered.

Facade finish materials should be reflective of the historic context and architectural vernacular in Upper Freehold Township and should consist of one of the following:

Building color should be reflective of the historic context and architectural vernacular in Upper Freehold Township and should be nonreflective. Metallic, fluorescent, and other high-intensity colors shall be prohibited. Building trim and accent areas may feature brighter colors including primary colors.

Clear and nonreflective panes of glass shall be used in windows, transoms and doors.

Neon light tubing shall not be used to outline windows, signs, roofs and facades, nor shall it be used as an architectural detail.

Gutters and downspouts shall be provided in the following manner:

Visible false fronts of facades are strongly discouraged.

Roof planes visible from the public view (public and intermediate facades) shall be uninterrupted with openings such as individual skylights, vents, pipes, mechanical equipment and other appurtenances. Such roof top openings shall not be visible from the public view.

Visible roofing material shall be limited to the following:

Roofs finished with roll roofing or roofing felt shall not be visible from the public view (public or intermediate facades).

The average height of parapets shall not exceed 15% of the height of the supporting wall, and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment articulated with sloped silhouette or trim details.

Sloping roofs shall not exceed the average height of the supporting walls with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one-foot vertical rise for every one foot of horizontal run.

Eaves shall not overhang more than three feet past the supporting walls.

Roof-mounted equipment visible from views other than to the public and intermediate facades shall be painted the same color as the roof or shall be screened. Variations in roof lines shall be used to screen the equipment and to provide interest and reduce the scale of large buildings.

Excessive articulation of roof form and pitch should be avoided.

When appropriate in design, dormers should be provided to complement the architectural style and design of the building and to add interest to the building design.

In addition to the provisions for windows set forth above, windows should have the appearance of being divided when appropriate, for example when the style of architecture requires divided windows.

Windows shall not be composed of reflective material.

Recessed windows should have visually prominent sills, shutters that are in proportion to the window, or other architecturally pleasing forms of framing.

Entryways shall be designed to provide orientation and aesthetically pleasing character to the building. Each principal building on a site shall have clearly defined, highly visible public entrances for customers featuring at least three of the following design elements:

In the case of additional individual units of occupied spaces, for example stores, shops and offices, in a principal building, each individual unit shall have at least one public entrance that conforms to the requirements set forth above.

In the case of a principal building facing two public streets, the front of the building with an opposing rear yard shall be considered the main entrance to the building that shall have a public entrance that conforms to the requirements set forth above.

In the case when signage is proposed, all development applications and/or construction applications shall include drawings showing proposed signage including, but not limited to, plans and elevations. The drawings shall show the proposed signage and its relationship to the architectural design of the building and facade design. The proposed signage shall complement and enhance the architectural style of the proposed building(s).

In the case of two or more businesses located in a building, individual facade-mounted signs identifying the businesses shall be designed to create a common alignment reflected in location, height, shape and proportion across the facade of the building.

All proposed signage shall comply with the relevant provisions for VN Village Neighborhood, CC Community Commercial and HD Highway Development zoning districts and the design standards for signs set forth in Chapter 35 of the Land Use Regulations.

In the case when fences are proposed, all development applications and/or construction applications shall include drawings showing proposed fencing including, but not limited to, plans and elevations. The drawings shall show the proposed fencing and its relationship to the architectural design of the building and facade design. The proposed fencing shall complement and enhance the architectural style of the proposed building(s).

All proposed fencing shall comply with the relevant provisions for VN Village Neighborhood, CC Community Commercial and HD Highway Development zoning districts and the Design Standards for fences set forth in Chapter 35 of the Land Use Regulations.

In the case when walls are proposed, all development applications and/or construction applications shall include drawings showing proposed walls including, but not limited to, plans and elevations. The drawings shall show the proposed walls and their relationship to the architectural design of the building and facade design. The proposed walls shall complement and enhance the architectural style of the proposed building(s).

All proposed walls shall comply with the relevant provisions for VN Village Neighborhood, CC Community Commercial and HD Highway Development zoning districts and the Design Standards for walls set forth in Chapter 35 of the Land Use Regulations.

Wall outline, shadow lines, materials and other design elements shall be developed to a level of detail adequate to support the design of the wall proposed.

Sidewalks shall be provided along the full length of the building along the public facade that provides access to the main entryway and along any facade abutting a public parking area. Such sidewalks shall be located at least five feet from the facade of the building to provide sufficient space for landscape planting beds.

All pedestrian walkways that cross on-site driving aisles and access drives shall be distinguished from the vehicular driving surface by providing durable surface materials such as pavers, bricks or textured and colored concrete.

Shade trees shall be planted 30 feet on center along all on-site pedestrian walkways.

All proposed sidewalks and walkways shall comply with the design standards for sidewalks set forth in Chapter 35 for the Land Use Regulations.

All developments in the CC Community Commercial and HD Highway Development zoning districts shall provide public spaces with at least two of the following on-site improvements:

Patios, seating areas, plazas and similar areas shall be gently sloping with a grade of 3% or less. Such public spaces may be stepped or terraced.

On-site lighting shall comply with the Design Standards for lighting set forth in Chapter 35 for the Land Use Regulations with the following exceptions:

Lighting fixtures and standards shall complement the architectural style of the building(s) that is (are) the subject of a development application and/or an application for a construction permit.

Highway type lighting, which is typically referred to as "cobra head" lighting, and commercial and industrial type lighting, which is typically referred to as "shoe box" lighting, shall be prohibited.

Design details and specifications shall be submitted as part of the application for approval.

Establish standards and regulation for the management and discharge of stormwater runoff from land development projects and other construction activities;

Reduce artificially induced flood damage to public health, life and property;

Minimize increased stormwater runoff rates and volumes;

Minimize the deterioration of existing water courses, culverts, bridges, dams and other structures that would result from increased rates of stormwater runoff;

Induce water recharge into the ground wherever suitable infiltration, soil permeability, and favorable geological conditions exist;

Prevent an increase in nonpoint source pollution;

Maintain the integrity and stability of stream channels for their biological functions, as well as for drainage, the conveyance of floodwater, and other purposes;

This section shall be applicable to the following major developments:

This section shall also be applicable to all major developments undertaken by the Township of Upper Freehold, Monmouth County, New Jersey.

This section shall also be applicable, where expressly provided herein, to existing residential and nonresidential stormwater management facilities.

An application required by ordinance pursuant to C1 above that has been submitted prior to April 11, 2024, shall be subject to the stormwater management requirements in effect on one-day prior to the adoption date of this section.

An application required by ordinance for approval pursuant to C1 above that has been submitted on or after March 2, 2021, but prior to April 11, 2024, shall be subject to the stormwater management requirements in effect on one-day prior to the adoption date of this section.

Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 35-521.40, P, Q and R to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of § 35-521.4O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 35-521.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 35-521.4O, P, Q and R that were not achievable on-site.

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 35-521.8C;

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 35-521.8; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 35-521.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 35-521.4F and/or an alternative stormwater management measure approved in accordance with § 35-521.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

To satisfy the stormwater runoff quantity standards at § 35-521.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 35-521.4G.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 35-521.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 35-521.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 35-521.4P, Q and R.

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 35-521.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 35-521.4D.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 35-521.5, either:

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to § 35-521.4P3 below.

The following types of stormwater shall not be recharged:

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection Q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 35-521.4P, Q and R.

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 35-521.5, complete one of the following:

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

The design engineer shall calculate runoff using the following methods:

For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to both the NRCS methodology above at § 35-521.5A1a A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at:

https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and

The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at:

https://dep.nj.gov/stormwater/bmp-manual/

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The standard in § 35-521.7A1 above does not apply:

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

Stormwater management BMPs shall include escape provisions as follows:

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 35-521.9C below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit 16 copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with § 35-521.9C of this section.

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 35-521.3 through 35-521.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Calculations.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 35-521.10.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 35-521.9C1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Projects subject to review as in § 35-521.1C of this section shall comply with the requirements of § 35-521.10B and C.

Existing residential and nonresidential stormwater management facilities shall comply with the requirements, where applicable, of § 35-521.10B, C, and D.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; the plan shall include a specific and complete checklist of any and all preventative maintenance responsibilities of homeowners' associations, including a detailed description and timetable for all informal inspections and a checklist for all corrective maintenance to be the responsibility of Upper Freehold Township; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Should the Township accept and dedicate the residential stormwater management facility pursuant to § 35-521.10B10, a checklist for all preventative and corrective maintenance shall be provided. The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the party responsible for maintenance identified under § 35-521.10B3 above is not a public agency, the maintenance plan and any future revisions based on § 35-521.10B7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. The maintenance requirements and the formation and existence of homeowners' associations shall be recorded upon the deed of record for each property in the development.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under § 35-521.10B3 above shall perform all of the following requirements:

Where the Township of Upper Freehold has not accepted the residential stormwater management facility for dedication as set forth in § 35-521.10B10, homeowners' associations shall be formed and be responsible for the general and preventative maintenance of residential stormwater management facilities as set forth in § 35-521.10B6 and 7. Such general and preventative maintenance shall include: removal of sediment, trash, and debris; fence repair or replacement; restoration of vegetation; beautification; general maintenance of the landscaping; maintenance of receipts and work orders for the preventative maintenance performed; annual informal inspections on the operation of the facility to be filed with the Township of Upper Freehold Administrator; and shall retain and make available upon request by any public entity with administrative, health, environmental, or safety authority over the site, the receipts, work orders, and annual inspection reports.

Where the Township of Upper Freehold has not accepted the residential stormwater management facility for dedication as set forth in § 35-521.10B10, the Township shall be responsible for corrective maintenance to maintain the function of residential stormwater management facilities, including repairs or replacement to the structure; snow and ice removal; restoration of eroded areas; replacement of filters; repair or replacement of nonvegetated linings; maintain a detailed log of all corrective maintenance for the structural stormwater management measures incorporated into the design of the development; shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan as needed; maintain copies of all corrective maintenance-related work orders; is responsible for the formal inspections required pursuant to NJDEP regulations to be performed by a licensed professional engineer and filed with the appropriate administrative and governmental bodies; shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required within this section.

The requirements of § 35-521.10B8 and 9 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality by approval of the Township Committee; in such case, the Township of Upper Freehold shall be responsible for all maintenance of the residential stormwater management facilities described in § 35-521.10B8 and 9, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

The maintenance of nonresidential stormwater management facilities, including commercial, industrial, and other nonresidential stormwater management facilities shall include all preventative and corrective maintenance described above in § 35-521.10B6 and 7, detailed in the New Jersey Stormwater Best Management Practices Manual, pursuant to New Jersey State law and regulations, and shall be the direct responsibility of the owner of such nonresidential stormwater management facilities and/or property. The Township of Upper Freehold shall have no responsibility for the maintenance, preventative, corrective, or otherwise, for any and all nonresidential stormwater management facilities.

Should any homeowners' association, lot owner, or nonresidential stormwater management facility fail to comply with the applicable requirements contained in § 35-521.10B3, 6, 7 and/or 8, the New Jersey Stormwater Best Management Practices Manual, or the state law and regulations, the Township of Upper Freehold reserves the right to compel the completion of said requirements by any lawful means necessary, including the institution of equitable and/or legal actions, and reserves the right to enter and perform said maintenance, repairs, and/or replacement and assess the costs to the applicable homeowners' associations, individual property and/or lot owners, and owners of nonresidential stormwater management facilities and/or property. The Township Committee shall have the discretion to determine whether such entities are not in compliance with this section.

In the event that the residential or nonresidential stormwater management facility becomes a danger to public safety or public health, and/or if it is in need of emergency maintenance or repair, the Township of Upper Freehold shall so notify the homeowners' association, private lot owner, and/or responsible party, in writing. Upon receipt of that notice, the responsible party shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The Township of Upper Freehold, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible party fails or refuses to perform such maintenance and repair, the Township of Upper Freehold may immediately perform the necessary corrective maintenance or repair and incur the cost therein and reserves the right to enter and perform said maintenance and repair, except that should the danger to public safety or health be as a result of the actions or omissions of homeowners' associations, private lot owners, or another responsible party, the Township of Upper Freehold expressly reserves the right to institute appropriate legal and/or equitable actions to recover the costs of the maintenance and/or repairs.

Should any other stormwater management facilities not expressly provided for in this section require maintenance pursuant to the New Jersey Stormwater Best Practices Manual and state law and regulations, the owners of said property and/or facilities shall be solely responsible for all maintenance.

All applicants for major developments shall maintain all aspects of the residential and nonresidential stormwater management facilities during the construction phase of the project.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Upon certification by the Township Engineer that the residential stormwater management facility is complete and prior to the guarantee bond for the project being released, any acceptance or dedication of the entire residential stormwater management facility pursuant to § 35-521.12B10 and/or acceptance of the corrective maintenance provided in § 35-521.10B9 shall be authorized by resolution of the Township Committee and said resolution pursuant to and in accordance with N.J.S.A. 40:55D-1 et seq.

The Township of Upper Freehold shall perform corrective maintenance as described herein in § 35-521.10B9 for all existing and/or approved residential stormwater management facilities in the Township of Upper Freehold that are the responsibility of homeowners' associations and/or private lot owners and shall be responsible under § 35-521.10B13 for maintenance and repair when such stormwater management facilities become a danger to the public safety or public health to the extent provided therein, except as provided in § 35-521.10B10 where the Township Committee approves the dedication of the facility to the Township of Upper Freehold.

The preventative maintenance, as described in § 35-521.10B8, for residential stormwater management facilities shall continue to be the responsibility of existing homeowners' associations and private lot owners as previously established in recorded deeds, resolutions, developers' agreements, and/or other legal documents requiring homeowners' associations private lot owners, and/or other entities to be responsible for the maintenance of stormwater management facilities.

This § 35-521.10D does not apply to nonresidential stormwater management facilities within the Township of Upper Freehold. All maintenance, preventative and corrective, and as required pursuant to state law and regulations, of existing nonresidential stormwater management facilities continues to be the sole responsibility of the property owners.

This § 35-521.10D does not apply to existing residential developments and/or properties with private roadway systems. The maintenance of stormwater management facilities in such developments and/or properties with private roadway systems shall continue to be the responsibility of such developments and/or properties.

All other stormwater management facilities in the Township of Upper Freehold shall continue to comply with the applicable New Jersey Stormwater Best Practices Manual and state law and regulations.

This section shall apply to instances where the Township Committee of the Township of Upper Freehold expressly agrees to dedicate and accept the residential stormwater management facility pursuant to § 35-521.10B10.

The applicant shall maintain the residential stormwater management facility during the construction phase of the project.

The Planning Board of the Township of Upper Freehold shall estimate the impact fees for both preventative and corrective maintenance of the residential stormwater management facility as defined herein in § 35-521.13B and pursuant to § 35-521.13D, final approval by the Township Committee.

Prior to the acceptance and dedication by the Township Committee of any residential stormwater management facility, the developer's engineer shall certify that said facilities were constructed in accordance with the approved plan.

Only upon certification by the Township Engineer that the residential stormwater management facility and the project are complete may the Township Committee accept and dedicate the residential stormwater management facility by resolution and release the guarantee of the project pursuant to N.J.S.A. 40:55D-1 et seq.

The amount of any impact fee shall be a proportional share of any and all municipal maintenance costs which is reasonably related to the needs created by the development.

A strong causal nexus is required by the off-site infrastructure and the development in order to justify such an impact fee, and developers shall not be required to pay fees for a disproportionate share of the cost of improvements that also benefit other persons.

Each impact fee shall be accounted for and shall be segregated from the Township's general fund and be placed in a lawful interest-bearing General Stormwater Maintenance Escrow Account to be disbursed by resolution of the Township Committee of Upper Freehold Township.

All impact fees shall be estimated and assessed prior to the signing and recording of the final subdivision plat and as a condition of subdivision approval from the Planning Board.

Between the dates of the assessment and collection, the Planning Board may require developers to post security, in the form of a cash bond, letter of credit or performance bond, pursuant to N.J.S.A. 40:55D-1 et seq., so as to guaranty future payment of assessed impact fees.

Impact fees shall be collected as a condition for the issuance for any certificate of occupancy in the subject development.

The Planning Board of Upper Freehold Township and the assessed party, may with final review and approval of the Township Committee, Township Engineer and Township Attorney, establish alternate, mutually acceptable schedules of payment of impact fees.

It shall be in the discretion of the Planning Board of Upper Freehold Township to estimate and assess such impact fees for maintenance of stormwater management facilities on a case-by-case basis based upon the following criteria:

This section shall not be deemed to affect the existing authority of the Planning Board of Upper Freehold Township over subdivision and site plans, including, but not limited to, the authority to declare a development to be premature or scattered in accordance with the applicable regulations of the Planning Board.

All impact fees estimated and assessed by the Planning Board of Upper Freehold Township shall be subject to review by the Township Attorney and Township Engineer and review and approval of the Township Committee prior to final approval by the Planning Board. The Township Committee may, in its discretion, adjust said impact fees prior to their final approval.

Any form of security for the maintenance of the residential stormwater management facility, securing payment of the impact fee assessed, shall be approved by the Township Attorney, Finance Officer, and Township Engineer.

A NJDEP educational brochure shall be copied and provided annually to residents and businesses in the Township of Upper Freehold.

The Township Administrator of the Township of Upper Freehold shall conduct a yearly educational event to be held at the Township of Upper Freehold municipal complex on stormwater management issues.

The Township Administrator shall annually provide NJDEP educational brochures to members of the Township Committee and employees within the Township of Upper Freehold that are assigned to the maintenance of the stormwater management facilities, as well as emergency responders responsible for the public safety and welfare.

The Township Administrator must develop and maintain an employee training program for appropriate employees, those assigned to the maintenance of the stormwater management facilities, as well as emergency responders responsible for the public safety and welfare.

Any violation of any provision of this section shall be punishable by a fine not to exceed $2,000 for each offense and/or imprisonment for a term not exceeding 90 days. The following individuals shall be subject to punishment:

A small solar energy system shall provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small solar energy system to a supplier/provider. For the purposes of this section, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.

Small solar energy systems are permitted as an accessory use on the same lot as the principal use in all zones.

Notwithstanding any other ordinance to the contrary, all rooftop solar arrays shall be exempt from site plan approval provided there is compliance with all applicable provisions of the applicable land use regulations of the Township.

All ground-mounted solar arrays, except those accessory to a single-family residential use, shall be subject to site plan review. Applications for a small solar energy system shall include information demonstrating compliance with the provisions of this section.

Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.

Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.